80 FR 9256 - Petition To Initiate Rulemaking; Use of Explosives on Surface Coal Mining Operations

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range		9256-9258
FR Document		2015-03407

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are announcing our final decision on a petition for rulemaking that was submitted by WildEarth Guardians. The petition requested that we revise our current regulations to prohibit visible nitrogen oxide clouds during blasting. The Director has decided to grant the petition in principle, and although we do not intend to propose the specific rule changes requested in the petition, will instead initiate a rulemaking to address this issue as discussed more fully below.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Proposed Rules]
[Pages 9256-9258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03407]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 816 and 817

[Docket ID: OSM-2014-0003; S1D1S SS08011000 SX066A00067F 134S180110; 
S2D2S SS08011000 SX066A00 33F 13XS501520]


Petition To Initiate Rulemaking; Use of Explosives on Surface 
Coal Mining Operations

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Decision on petition for rulemaking.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE or OSM), are announcing our final decision on a petition for 
rulemaking that was submitted by WildEarth Guardians. The petition 
requested that we revise our current regulations to prohibit visible 
nitrogen oxide clouds during blasting. The Director has decided to 
grant the petition in principle, and although we do not intend to 
propose the specific rule changes requested in the petition, will 
instead initiate a rulemaking to address this issue as discussed more 
fully below.

DATES: February 20, 2015.

ADDRESSES: Copies of the petition and other relevant materials 
comprising the administrative record of this petition are available for 
public review and copying at the Office of Surface Mining Reclamation 
and Enforcement, Administrative Record, Room 252 SIB, 1951 Constitution 
Avenue NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Joshua Rockwell, Division of 
Regulatory Support, 1951 Constitution Ave. NW., Washington, DC 20240; 
Telephone: 202-208-2633; Email: jrockwell@osmre.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. How does the petition process operate?
II. What is the substance of the petition?
III. What do our current regulations regarding the use of explosives 
require?
IV. What comments did we receive and how did we address them?
V. What is the Director's decision?
VI. Procedural Matters and Determinations

I. How does the petition process operate?

    On April 18, 2014, we received a petition from WildEarth Guardians 
(petitioner) requesting that OSMRE promulgate rules to prohibit the 
production of visible nitrogen oxides (NOX) emissions 
(including nitric oxide and nitrogen dioxide) during blasting at 
surface coal mining operations in order to protect the health, welfare, 
and safety of the public and of mine workers and to prevent injury to 
persons. WildEarth Guardians submitted this petition pursuant to 
section 201(g) of the Surface Mining Control and Reclamation Act of 
1977 (SMCRA), 30 U.S.C. 1201(g), which provides that any person may 
petition the Director of OSMRE to initiate a proceeding for the 
issuance, amendment, or repeal of any regulation adopted under SMCRA. 
OSMRE adopted regulations at 30 CFR 700.12 to implement this statutory 
provision.
    In accordance with our regulation at 30 CFR 700.12(c), we 
determined that WildEarth Guardians' petition set forth ``facts, 
technical justification and law'' establishing a ``reasonable basis'' 
for amending our regulations. Therefore, on

[[Page 9257]]

July 25, 2014, we published a notice in the Federal Register (79 FR 
43326) seeking comments on whether we should grant or deny the 
petition. The comment period closed on September 25, 2014. One hundred 
nineteen persons submitted comments during the public comment period.
    After reviewing the petition and public comments, the Director has 
decided to grant WildEarth Guardians' petition. Pursuant to 5 U.S.C. 
553(e) and section 201(c)(2) of SMCRA, 30 U.S.C. 1211(c)(2), we plan to 
initiate rulemaking and publish a notice of proposed rulemaking with an 
appropriate public comment period. Although we are still considering 
the content of the proposed rule, we expect that it will contain 
clarifications to our regulations to ensure that operators and surface 
coal mining regulatory authorities protect people and property from 
toxic gases and fumes generated by blasting at surface mine sites. 
However, OSMRE does not intend to propose the petitioner's suggested 
rule language because the petitioner's language focused solely on 
nitrogen oxide emissions, instead of all blast-generated fumes and 
toxic gases.

II. What is the substance of the petition?

    WildEarth Guardians' petition states: ``Too often, blasting at coal 
mines leads to the production of dangerous levels of nitrogen dioxide 
emissions, which are seen as orange to red clouds. These clouds of 
toxic gas represent significant threats to public health and welfare 
and must be curtailed to prevent injuries to persons as required by 
SMCRA.'' The petition requests that OSMRE amend our regulations at 30 
CFR 816.67 (surface mining) and 817.67 (underground mining) to prohibit 
visible NOX emissions during blasting and to require that 
the operator visually monitor all blasting activities and report all 
instances of visible emissions of NOX to the regulatory 
authority. The petitioner asserts that exposure to low levels of 
NOX gases may cause ``irritation of eyes, nose, throat, and 
lungs.'' According to the petitioner, exposure to high levels of 
NOX gases may cause ``rapid burning, spasms, and swelling of 
the throat and upper respiratory tract issues, as well as death.''
    In support of its petition, petitioner cites SMCRA section 102(a), 
30 U.S.C. 1202(a), which lists one of SMCRA's goals as ``protect[ing] 
society and the environment from the adverse effects of surface coal 
mining operations,'' as well as SMCRA section 515(b)(15)(C)(i)-(ii), 30 
U.S.C. 1265(b)(15)(C)(i)-(ii), which states that blasting activities 
should be limited in order to ``prevent injury to persons. . . and 
damage to public and private property outside the permit area.''
    The petitioner asserts that revisions to our existing regulations 
are necessary to close a gap with regard to regulation of 
NOX emissions. The petitioner requested that we ``remedy 
this regulatory gap and promulgate explicit and enforceable standards 
to ensure that when explosives are used at coal mining operations, 
emissions of nitrogen oxides are controlled to prevent injury to 
persons and to protect the general health, welfare, and safety of the 
public and mine workers.''
    The petitioner suggested that we revise 30 CFR 816.67 and 817.67 by 
adding a new paragraph (f) to read:

(1) Blasting shall be conducted so as to prevent visible emissions 
of nitrogen oxides, including nitrogen dioxide, and (2) The operator 
shall visually monitor all blasting activities (through the use of 
remote surveillance or other acceptable methods for detecting 
visible emissions) and within 24-hours report in writing any 
instances of visible emissions of nitrogen oxides to the regulatory 
authority.

III. What do our current regulations regarding the use of explosives 
require?

    Our current regulations at 30 CFR 816.67 and 817.67 establish a 
framework for addressing the adverse effects associated with the use of 
explosives. Paragraph (a) of both sections mirrors the language in 
SMCRA section 515(b)(15)(C)(i)-(ii), 30 U.S.C. 1265(b)(15)(C)(i)-(ii). 
It states that blasting shall be conducted to prevent injury to 
persons, damage to public or private property outside the permit area. 
The remaining paragraphs in 30 CFR 816.67 and 817.67 contain specific 
performance standards for airblast, flyrock, and ground vibration.
    In addition, our regulation 30 CFR 843.11(a)(1)(i) requires that an 
inspector order the cessation of any surface coal mining and 
reclamation operations if an imminent danger to the health or safety of 
the public exists.

IV. What comments did we receive and how did we address them?

    We received 119 comments on the petition for rulemaking. These 
comments can be divided into two major groups: Those in favor of the 
rulemaking (over two-thirds) and those opposed (less than one-third). 
The comments in favor of the petition generally came from citizens and 
groups that seek to protect the public and environment. In contrast, 
those comments opposed generally came from citizens, state regulatory 
authorities, and organizations related to the explosives, 
manufacturing, and mining industries.
    Those in support of the petition were primarily concerned that our 
current regulations do not provide for adequate protection from fumes 
generated by blasting, including, but not limited to, NOX 
fumes. Additionally, some of these commenters alleged that not all of 
the state regulatory authorities are willing to regulate toxic gases 
produced during blasting. These commenters contend that the lack of 
regulation by some state regulatory authorities is due to OSMRE's 
regulatory silence on the specific issue of NOX emissions.
    The comments received from those opposed to the rulemaking 
expressed concern that the petitioner's suggested rule language would 
create, ``an unlawful, unnecessary, and unattainable emissions standard 
under OSMRE's federal regulatory program'' that would effectively 
prevent operators from coal mining altogether. Several of the comments 
opposing the petition referred to In re Permanent Surface Min. 
Regulation Litig. I, Round II, 1980 U.S. Dist. LEXIS 17660 at *43-44 
(D.D.C., May 16, 1980), which held that we could not regulate fugitive 
dust from blasting. These commenters contend that this precedent 
prevents OSMRE from regulating visible NOX clouds produced 
by blasting. In addition, the commenters opposing the petition noted 
that SMCRA and the implementing regulations already contain adequate 
protection from the effects of blasting; as support for this position, 
they cite primarily to section 515 of SMCRA, 30 CFR 780.13, 816.61-
816.68, 817.61-817.68, part 842, and part 850, as well as the 
equivalent provisions in the state regulatory programs.

V. What is the Director's decision?

    After reviewing the petition and supporting materials, and after 
careful consideration of all comments received, the Director has 
decided to grant the petition. However, we do not plan to propose 
adoption of the specific regulatory changes suggested by the 
petitioner. Instead, we intend to propose regulatory changes to ensure 
that operators and regulatory authorities prevent injury to people and 
damage to property from any harm that could result from all toxic gases 
generated by blasting at coal mines, including NOX and 
carbon monoxide (CO).
    It is undisputed that when blasting is not properly conducted, it 
can cause damage to property and injury to people. Despite this fact, 
during our evaluation of the petition and the comments, we discovered 
that there is a difference in how the state regulatory

[[Page 9258]]

authorities are addressing toxic fumes generated by blasting. Some, but 
not all, state regulatory authorities have taken permitting or 
enforcement actions in response to toxic fumes released during 
blasting. Others, however, are hesitant to act because they believe our 
regulations, as currently written, are ambiguous as to whether and how 
toxic gases should be controlled. Likewise, while a number of mine 
operators and blasters recognize the dangers posed by toxic gases from 
blasting and take precautions to manage the risks, many do not. We have 
concluded that the current silence in our regulations on toxic gases 
released during blasting is no longer acceptable and only perpetuates 
the disparities between the various practices of the state regulatory 
authorities. In light of these findings, OSMRE intends to propose a 
number of changes to our regulations. We plan to propose a definition 
of ``blasting area'' to help ensure that the areas affected by blasting 
are properly secured and that the public is adequately protected. We 
also intend to specify that toxic gases are one of the dangers posed by 
blasting. We anticipate clarifying that 30 CFR 816.67(a) and 817.67(a) 
require the proper management of toxic blasting gases in order to 
protect people and property from the adverse effects of coal mining. 
Lastly, we expect to propose amendments to the training and testing 
requirements for certified blasters at 30 CFR 850.13 to ensure that 
blasters can identify and mitigate the impacts of blast fumes.
    We believe that revisions to our regulations, such as those 
described above, will better (1) ensure a level playing field as 
described in section 101(g) of SMCRA, 30 U.S.C. 1201(g), which 
specifies that national standards are essential in order to ensure 
``that competition in interstate commerce among sellers of coal 
produced in different States will not be used to undermine the ability 
of the several States to improve and maintain adequate standards on 
coal mining operations within their borders;'' and, most importantly, 
(2) prevent harm to people and property from blasting associated with 
surface coal mining operations.

VI. Procedural Matters and Required Determinations

    This notice is not a proposed or final rule, policy, or guidance. 
Therefore, it is not subject to the Regulatory Flexibility Act, the 
Small Business Regulatory Enforcement Fairness Act, the Paperwork 
Reduction Act, the Unfunded Mandates Reform Act, or Executive Orders 
12866, 13563, 12630, 13132, 12988, 13175, and 13211. We will conduct 
the analyses required by these laws and executive orders when we 
develop a proposed rule.
    In developing this notice, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554, section 15).
    This notice is not subject to the requirement to prepare an 
Environmental Assessment or Environmental Impact Statement under the 
National Environmental Policy Act (NEPA), 42 U.S.C. 4332(2)(C), because 
no proposed action, as described in 40 CFR 1508.18(a) and (b), yet 
exists. This notice only announces the Director's decision to grant the 
petition and initiate rulemaking. We will prepare the appropriate NEPA 
compliance documents as part of the rulemaking process.

    Dated: February 3, 2015.
Joseph G. Pizarchik,
Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2015-03407 Filed 2-19-15; 8:45 am]
BILLING CODE 4310-05-P

9256 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules

PART 221—LOW COST AND PART 241—SUPPLEMENTARY requested that we revise our current
MODERATE INCOME MORTGAGE FINANCING FOR INSURED PROJECT regulations to prohibit visible nitrogen
INSURANCE—SAVINGS CLAUSE MORTGAGES oxide clouds during blasting. The
Director has decided to grant the
■ 11. The authority citation for part 221 ■ 19. The authority citation for part 241 petition in principle, and although we
is revised to read as follows: is revised to read as follows: do not intend to propose the specific
Authority: 12 U.S.C. 1715b, 1715l and Authority: 12 U.S.C. 1715b, 1715z–6 and rule changes requested in the petition,
1735d; 42 U.S.C. 3535(d). 1735d; 42 U.S.C. 3535(d). will instead initiate a rulemaking to
■ 20. Revise § 241.261, to read as address this issue as discussed more
§ 221.762 [Amended].
follows: fully below.
■ 12. In § 221.762, remove and reserve
DATES: February 20, 2015.
paragraph (a). § 241.261 Payment of insurance benefits.
All of the provisions of § 207.259 of ADDRESSES: Copies of the petition and
PART 232—MORTGAGE INSURANCE this chapter relating to insurance other relevant materials comprising the
FOR NURSING HOMES, benefits shall apply to multifamily loans administrative record of this petition are
INTERMEDIATE CARE FACILITIES, insured under this subpart. available for public review and copying
BOARD AND CARE HOMES, AND ■ 21. Revise § 241.885(a), to read as at the Office of Surface Mining
ASSISTED LIVING FACILITIES follows: Reclamation and Enforcement,
Administrative Record, Room 252 SIB,
■ 13. The authority citation for part 232 § 241.885 Insurance benefits. 1951 Constitution Avenue NW.,
is revised to read as follows: (a) Method of payment. Payment of Washington, DC 20240.
Authority: 12 U.S.C. 1715b, 1715w, 1735d insurance claims shall be made in cash, FOR FURTHER INFORMATION CONTACT:
and 1735f–19; 42 U.S.C. 3535(d). in debentures, or in a combination of Joshua Rockwell, Division of Regulatory
■ 14. Revise § 232.885(a), to read as both, as determined by the Support, 1951 Constitution Ave. NW.,
follows: Commissioner either at, or prior to, the Washington, DC 20240; Telephone:
time of payment. 202–208–2633; Email: jrockwell@
§ 232.885 Insurance benefits. * * * * * osmre.gov.
(a) Method of payment. Payment of an ■ 22. Revise § 241.1205, to read as
insurance claim shall be made in cash, follows: SUPPLEMENTARY INFORMATION:
in debentures, or in a combination of § 241.1205 Payment of insurance benefits. Table of Contents
both, as determined by the
All the provisions of § 207.259 of this I. How does the petition process operate?
Commissioner either at, or prior to, the II. What is the substance of the petition?
chapter relating to insurance benefits
time of payment. III. What do our current regulations regarding
shall apply to an equity or acquisition
* * * * * loan insured under subpart F of this the use of explosives require?
IV. What comments did we receive and how
PART 235—MORTGAGE INSURANCE part. did we address them?
AND ASSISTANCE PAYMENTS FOR Dated: January 15, 2015. V. What is the Director’s decision?
HOME OWNERSHIP AND PROJECT Biniam Gebre, VI. Procedural Matters and Determinations
REHABILITATION Acting Assistant Secretary for Housing— I. How does the petition process
Federal Housing Commissioner. operate?
■ 15. The authority citation for part 235 [FR Doc. 2015–03457 Filed 2–19–15; 8:45 am]
is revised to read as follows: On April 18, 2014, we received a
BILLING CODE 4210–67–P
Authority: 12 U.S.C. 1715b, 1715z and petition from WildEarth Guardians
1735d; 42 U.S.C. 3535(d). (petitioner) requesting that OSMRE
DEPARTMENT OF THE INTERIOR promulgate rules to prohibit the
■ 16. Revise § 235.215, to read as
production of visible nitrogen oxides
follows:
Office of Surface Mining Reclamation (NOX) emissions (including nitric oxide
§ 235.215 Method of paying insurance and Enforcement and nitrogen dioxide) during blasting at
benefits. surface coal mining operations in order
If the application for insurance 30 CFR Parts 816 and 817 to protect the health, welfare, and safety
benefits is acceptable to the Secretary, [Docket ID: OSM–2014–0003; S1D1S of the public and of mine workers and
the insurance claim shall be paid in SS08011000 SX066A00067F 134S180110; to prevent injury to persons. WildEarth
cash, in debentures, or in a combination S2D2S SS08011000 SX066A00 33F Guardians submitted this petition
of both, as determined by the 13XS501520] pursuant to section 201(g) of the Surface
Commissioner either at, or prior to, the Mining Control and Reclamation Act of
time of payment. Petition To Initiate Rulemaking; Use of 1977 (SMCRA), 30 U.S.C. 1201(g),
Explosives on Surface Coal Mining which provides that any person may
PART 236—MORTGAGE INSURANCE Operations petition the Director of OSMRE to
AND INTEREST REDUCTION AGENCY: Office of Surface Mining initiate a proceeding for the issuance,
PAYMENT FOR RENTAL PROJECTS Reclamation and Enforcement, Interior. amendment, or repeal of any regulation
adopted under SMCRA. OSMRE
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■ 17. The authority citation for part 236 ACTION: Decision on petition for
adopted regulations at 30 CFR 700.12 to
is revised to read as follows: rulemaking.
implement this statutory provision.
Authority: 12 U.S.C. 1715b, 1715z–1 and SUMMARY: We, the Office of Surface In accordance with our regulation at
1735d; 42 U.S.C. 3535(d). Mining Reclamation and Enforcement 30 CFR 700.12(c), we determined that
(OSMRE or OSM), are announcing our WildEarth Guardians’ petition set forth
§ 236.265 [Amended]. final decision on a petition for ‘‘facts, technical justification and law’’
■ 18. In § 236.265, remove and reserve rulemaking that was submitted by establishing a ‘‘reasonable basis’’ for
paragraph (a). WildEarth Guardians. The petition amending our regulations. Therefore, on

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9258 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules

authorities are addressing toxic fumes 13132, 12988, 13175, and 13211. We 1. www.regulations.gov: Follow the
generated by blasting. Some, but not all, will conduct the analyses required by on-line instructions for submitting
state regulatory authorities have taken these laws and executive orders when comments.
permitting or enforcement actions in we develop a proposed rule. 2. Email: Aburano.Douglas@epa.gov.
response to toxic fumes released during In developing this notice, we did not 3. Fax: (312) 408–2279.
blasting. Others, however, are hesitant conduct or use a study, experiment, or 4. Mail: Douglas Aburano, Chief,
to act because they believe our survey requiring peer review under the Attainment Planning and Maintenance
regulations, as currently written, are Information Quality Act (Pub. L. 106– Section, Air Programs Branch (AR–18J),
ambiguous as to whether and how toxic 554, section 15). U.S. Environmental Protection Agency,
gases should be controlled. Likewise, This notice is not subject to the 77 West Jackson Boulevard, Chicago,
while a number of mine operators and requirement to prepare an Illinois 60604.
blasters recognize the dangers posed by Environmental Assessment or 5. Hand Delivery: Douglas Aburano,
toxic gases from blasting and take Environmental Impact Statement under Chief, Attainment Planning and
precautions to manage the risks, many the National Environmental Policy Act Maintenance Section, Air Programs
do not. We have concluded that the (NEPA), 42 U.S.C. 4332(2)(C), because Branch (AR–18J), U.S. Environmental
current silence in our regulations on no proposed action, as described in 40 Protection Agency, 77 West Jackson
toxic gases released during blasting is CFR 1508.18(a) and (b), yet exists. This Boulevard, Chicago, Illinois 60604.
no longer acceptable and only notice only announces the Director’s Such deliveries are only accepted
perpetuates the disparities between the decision to grant the petition and during the Regional Office normal hours
various practices of the state regulatory initiate rulemaking. We will prepare the of operation, and special arrangements
authorities. In light of these findings, appropriate NEPA compliance should be made for deliveries of boxed
OSMRE intends to propose a number of documents as part of the rulemaking information. The Regional Office official
changes to our regulations. We plan to process. hours of business are Monday through
propose a definition of ‘‘blasting area’’ Dated: February 3, 2015. Friday, 8:30 a.m. to 4:30 p.m., excluding
to help ensure that the areas affected by
Joseph G. Pizarchik, Federal holidays.
blasting are properly secured and that
the public is adequately protected. We Director, Office of Surface Mining Please see the direct final rule which is
Reclamation and Enforcement. located in the Rules section of this
also intend to specify that toxic gases
are one of the dangers posed by blasting. [FR Doc. 2015–03407 Filed 2–19–15; 8:45 am] Federal Register for detailed
We anticipate clarifying that 30 CFR BILLING CODE 4310–05–P instructions on how to submit
816.67(a) and 817.67(a) require the comments.
proper management of toxic blasting FOR FURTHER INFORMATION CONTACT:
gases in order to protect people and ENVIRONMENTAL PROTECTION Douglas Aburano, Section Chief,
property from the adverse effects of coal AGENCY Attainment Planning and Maintenance
mining. Lastly, we expect to propose Section, Air Programs Branch (AR–18J),
amendments to the training and testing 40 CFR Part 52
Environmental Protection Agency,
requirements for certified blasters at 30 [EPA–R05–OAR–2014–0504; FRL–9921–43– Region 5, 77 West Jackson Boulevard,
CFR 850.13 to ensure that blasters can Region 5] Chicago, Illinois 60604, (312) 353–6960,
identify and mitigate the impacts of Aburano.Douglas@epa.gov.
blast fumes. Approval and Promulgation of Air
We believe that revisions to our Quality Implementation Plans; Illinois; SUPPLEMENTARY INFORMATION: In the
regulations, such as those described VOM Definition Final Rules section of this Federal
above, will better (1) ensure a level Register, EPA is approving the State’s
playing field as described in section AGENCY: Environmental Protection SIP submittal as a direct final rule
101(g) of SMCRA, 30 U.S.C. 1201(g), Agency. without prior proposal because the
which specifies that national standards ACTION: Proposed rule. Agency views this as a noncontroversial
are essential in order to ensure ‘‘that submittal and anticipates no adverse
SUMMARY: The Environmental Protection comments. A detailed rationale for the
competition in interstate commerce Agency (EPA) is proposing to approve a
among sellers of coal produced in approval is set forth in the direct final
revision to the Illinois State rule. If no adverse comments are
different States will not be used to
Implementation Plan. The revision received in response to this rule, no
undermine the ability of the several
amends the Illinois Administrative Code further activity is contemplated. If EPA
States to improve and maintain
by updating the definition of volatile receives adverse comments, the direct
adequate standards on coal mining
organic material or volatile organic final rule will be withdrawn and all
operations within their borders;’’ and,
compound to exclude additional public comments received will be
most importantly, (2) prevent harm to
compounds. This revision is in response addressed in a subsequent final rule
people and property from blasting
to EPA rulemakings in 2013 which based on this proposed rule. EPA will
associated with surface coal mining
exempted these chemical compounds not institute a second comment period.
operations.
from the Federal definition of volatile Any parties interested in commenting
VI. Procedural Matters and Required organic compounds because, in their on this action should do so at this time.
Determinations intended uses, the compounds have a Please note that if EPA receives adverse
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This notice is not a proposed or final negligible contribution to tropospheric comment on an amendment, paragraph,
rule, policy, or guidance. Therefore, it is ozone formation. or section of this rule and if that
not subject to the Regulatory Flexibility DATES: Comments must be received on provision may be severed from the
Act, the Small Business Regulatory or before March 23, 2015. remainder of the rule, EPA may adopt
Enforcement Fairness Act, the ADDRESSES: Submit your comments, as final those provisions of the rule that
Paperwork Reduction Act, the identified by Docket ID No. EPA–R05– are not the subject of an adverse
Unfunded Mandates Reform Act, or OAR–2014–0504, by one of the comment. For additional information,
Executive Orders 12866, 13563, 12630, following methods: see the direct final rule which is located

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Document Created: 2015-12-18 13:02:02
Document Modified: 2015-12-18 13:02:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Decision on petition for rulemaking.
Dates		February 20, 2015.
Contact		Joshua Rockwell, Division of Regulatory Support, 1951 Constitution Ave. NW., Washington, DC 20240; Telephone: 202-208-2633; Email: [email protected]
FR Citation		80 FR 9256
CFR Citation		30 CFR 816 30 CFR 817

80 FR 9256 - Petition To Initiate Rulemaking; Use of Explosives on Surface Coal Mining Operations

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 80, Issue 34 (February 20, 2015)

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement