81 FR 80592 - Stream Protection Rule; Final Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range		80592-80593
FR Document		2016-27655

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce the availability of the Final Environmental Impact Statement (FEIS) for the Stream Protection Rule developed pursuant to the National Environmental Policy Act (NEPA).

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016)

[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Rules and Regulations]
[Pages 80592-80593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27655]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 
816, 817, 824, and 827

[Docket ID: OSM-2010-0021; S1D1S SS08011000 SX064A000 178S180110; S2D2S 
SS08011000 SX064A000 17XS501520]


Stream Protection Rule; Final Environmental Impact Statement

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

ACTION: Notice of availability; final environmental impact statement.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), announce the availability of the Final Environmental Impact 
Statement (FEIS) for the Stream Protection Rule developed pursuant to 
the National Environmental Policy Act (NEPA).

DATES: The final EIS is available on November 16, 2016.

ADDRESSES: Copies of the FEIS are available for public inspection at 
the following OSMRE locations:
     Administrative Record, Room 101 SIB, 1951 Constitution 
Avenue NW., Washington, DC 20240, (Phone: 202-208-2823).
     Appalachian Regional Office, Three Parkway Center, 
Pittsburgh, Pennsylvania 15220 (Phone: (412) 937-2815).
     Mid-Continent Regional Office, William L. Beatty Federal 
Building, 501 Belle Street, Room 216, Alton, Illinois 62002 (Phone: 
(618) 463-6460).
     Western Regional Office, 1999 Broadway, Suite 3320, 
Denver, Colorado 80201 (Phone: (303) 293-5000).
     Charleston Field Office, 1027 Virginia Street East, 
Charleston, West Virginia 25301 (Phone: (304) 347-7158).
     Knoxville Field Office, 710 Locust Street, 2nd floor, 
Knoxville, Tennessee 37902 (Phone: (865) 545-4103).
     Lexington Field Office, 2675 Regency Road, Lexington, 
Kentucky 40503 (Phone: (859) 260-3902).
     Beckley Area Office, 313 Harper Park Drive, Beckley, West 
Virginia 25801 (Phone: (304) 255-5265).
     Harrisburg Area Office, 215 Limekiln Road, New Cumberland, 
Pennsylvania 17070 (Phone: (717) 730-6985).
     Albuquerque Area Office, 100 Sun Avenue NE., Pan American 
Building, Suite 330, Albuquerque, New Mexico 87109 (Phone: (505) 761-
8989).
     Casper Area Office, Dick Cheney Federal Building, 150 East 
B Street, Casper, Wyoming 82601 (Phone: (307) 261-6550).
     Birmingham Field Office, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209 (Phone: (205) 290-7282).
     Tulsa Field Office, 1645 South 101st East Avenue, Suite 
145, Tulsa, Oklahoma 74128 (Phone: (918) 581-6430).
    Electronic copies of the FEIS are available at:
     Federal eRulemaking Portal: http://www.regulations.gov. 
The Docket ID for the FEIS is OSM-2010-0021.
     OSMRE Web site: www.osmre.gov.
    In addition, a limited number of CD copies of the FEIS are 
available upon request. You may obtain a CD by contacting the person 
identified in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Robin Ferguson, Office of Surface 
Mining Reclamation and Enforcement, U.S. Department of the Interior, 
1951 Constitution Avenue NW., Washington, DC 20240. Telephone: 202-208-
2802. Email: rferguson@osmre.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Significant advances in scientific knowledge and mining and 
reclamation techniques have occurred in the more than 30 years that 
have elapsed since the enactment of the Surface Mining Control and 
Reclamation Act of 1977, 30 U.S.C. 1201 et seq., and the adoption of 
Federal regulations implementing that law. On July 27, 2015, OSMRE 
proposed the Stream Protection Rule for the primary purpose of updating 
its regulations and providing regulatory certainty to industry using 
these advances in scientific knowledge to minimize the adverse impacts 
of surface coal mining and underground mining operations on surface 
water, groundwater, fish, wildlife, and related environmental values, 
with particular emphasis on protecting or restoring streams and aquatic 
ecosystems. (See 80 FR 44436.)
    The draft environmental impact statement (DEIS) for the proposed 
rule was made available for public review and comment on July 17, 2015. 
(See 80 FR 42535.) After an extension was granted, the comment period 
closed on October 26, 2015. (See 80 FR 54590.) During the comment 
period, OSMRE held six public hearings in Colorado, Kentucky, Missouri, 
Pennsylvania, Virginia, and West Virginia, and

[[Page 80593]]

received approximately 95,000 comments on the proposed rule, DEIS, and 
the draft Regulatory Impact Analysis.
    The FEIS for the Stream Protection Rule analyzes the environmental, 
socioeconomic, and other effects of the preferred alternative--
Alternative 8, as revised--and a reasonable range of other 
alternatives, including a No Action Alternative. The FEIS, including 
Alternative 8, has been revised, as appropriate, in response to 
comments and other information received on the DEIS, proposed rule, and 
draft Regulatory Impact Analysis. It also includes the input of 
cooperating agencies.


    Authority: 40 CFR 1506.6, 40 CFR 1506.1

    Dated: November 11, 2016.
Sterling Rideout,
Assistant Director, Program Support.
[FR Doc. 2016-27655 Filed 11-15-16; 8:45 am]
 BILLING CODE 4310-05-P

80592 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations

DECOMMISSIONING APPLICATIONS AND REPORTS TABLE
Decommissioning applications and When to submit Instructions
reports

* * * * * * *
(i) A certified summary of expendi- Within 120 days after completion Submit to the Regional Supervisor a complete summary of expendi-
tures for permanently plugging of each decommissioning activity tures actually incurred for each decommissioning activity (including,
any well, removal of any plat- specified in this paragraph. but not limited to, the use of rigs, vessels, equipment, supplies and
form or other facility, clearance materials; transportation of any kind; personnel; and services). In-
of any site after wells have been clude in, or attach to, the summary a certified statement by an au-
plugged or platforms or facilities thorized representative of your company attesting to the truth, accu-
removed, and decommissioning racy and completeness of the summary. The Regional Supervisor
of pipelines. may provide specific instructions or guidance regarding how to sub-
mit the certified summary.
(j) If requested by the Regional Su- Within a reasonable time as deter- The Regional Supervisor will review the summary and may provide
pervisor, additional information in mined by the Regional Super- specific instructions or guidance regarding the submission of addi-
support of any decommissioning visor. tional information (including, but not limited to, copies of contracts
activity expenditures included in and invoices), if requested, to complete or otherwise support the
a summary submitted under summary.
paragraph (i) of this section.

[FR Doc. 2016–27416 Filed 11–15–16; 8:45 am] • Mid-Continent Regional Office, request. You may obtain a CD by
BILLING CODE 4310–VH–P William L. Beatty Federal Building, 501 contacting the person identified in FOR
Belle Street, Room 216, Alton, Illinois FURTHER INFORMATION CONTACT.
62002 (Phone: (618) 463–6460). FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE INTERIOR • Western Regional Office, 1999 Robin Ferguson, Office of Surface
Broadway, Suite 3320, Denver, Colorado Mining Reclamation and Enforcement,
Office of Surface Mining Reclamation 80201 (Phone: (303) 293–5000). U.S. Department of the Interior, 1951
and Enforcement • Charleston Field Office, 1027 Constitution Avenue NW., Washington,
Virginia Street East, Charleston, West DC 20240. Telephone: 202–208–2802.
30 CFR Parts 700, 701, 773, 774, 777, Virginia 25301 (Phone: (304) 347–7158). Email: rferguson@osmre.gov.
779, 780, 783, 784, 785, 800, 816, 817, • Knoxville Field Office, 710 Locust
SUPPLEMENTARY INFORMATION:
824, and 827 Street, 2nd floor, Knoxville, Tennessee
[Docket ID: OSM–2010–0021; S1D1S 37902 (Phone: (865) 545–4103). Background
SS08011000 SX064A000 178S180110; • Lexington Field Office, 2675 Significant advances in scientific
S2D2S SS08011000 SX064A000 Regency Road, Lexington, Kentucky knowledge and mining and reclamation
17XS501520] 40503 (Phone: (859) 260–3902). techniques have occurred in the more
• Beckley Area Office, 313 Harper
than 30 years that have elapsed since
Stream Protection Rule; Final Park Drive, Beckley, West Virginia
the enactment of the Surface Mining
Environmental Impact Statement 25801 (Phone: (304) 255–5265).
Control and Reclamation Act of 1977, 30
• Harrisburg Area Office, 215
AGENCY: Office of Surface Mining U.S.C. 1201 et seq., and the adoption of
Limekiln Road, New Cumberland,
Reclamation and Enforcement, Federal regulations implementing that
Pennsylvania 17070 (Phone: (717) 730–
Department of the Interior. law. On July 27, 2015, OSMRE proposed
6985).
ACTION: Notice of availability; final • Albuquerque Area Office, 100 Sun the Stream Protection Rule for the
environmental impact statement. Avenue NE., Pan American Building, primary purpose of updating its
Suite 330, Albuquerque, New Mexico regulations and providing regulatory
SUMMARY: We, the Office of Surface certainty to industry using these
Mining Reclamation and Enforcement 87109 (Phone: (505) 761–8989).
• Casper Area Office, Dick Cheney advances in scientific knowledge to
(OSMRE), announce the availability of minimize the adverse impacts of surface
Federal Building, 150 East B Street,
the Final Environmental Impact coal mining and underground mining
Casper, Wyoming 82601 (Phone: (307)
Statement (FEIS) for the Stream operations on surface water,
261–6550).
Protection Rule developed pursuant to • Birmingham Field Office, 135 groundwater, fish, wildlife, and related
the National Environmental Policy Act Gemini Circle, Suite 215, Homewood, environmental values, with particular
(NEPA). Alabama 35209 (Phone: (205) 290– emphasis on protecting or restoring
DATES: The final EIS is available on 7282). streams and aquatic ecosystems. (See 80
November 16, 2016. • Tulsa Field Office, 1645 South FR 44436.)
ADDRESSES: Copies of the FEIS are 101st East Avenue, Suite 145, Tulsa, The draft environmental impact
available for public inspection at the Oklahoma 74128 (Phone: (918) 581– statement (DEIS) for the proposed rule
following OSMRE locations: 6430). was made available for public review
• Administrative Record, Room 101 Electronic copies of the FEIS are and comment on July 17, 2015. (See 80
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SIB, 1951 Constitution Avenue NW., available at: FR 42535.) After an extension was
Washington, DC 20240, (Phone: 202– • Federal eRulemaking Portal: http:// granted, the comment period closed on
208–2823). www.regulations.gov. The Docket ID for October 26, 2015. (See 80 FR 54590.)
• Appalachian Regional Office, Three the FEIS is OSM–2010–0021. During the comment period, OSMRE
Parkway Center, Pittsburgh, • OSMRE Web site: www.osmre.gov. held six public hearings in Colorado,
Pennsylvania 15220 (Phone: (412) 937– In addition, a limited number of CD Kentucky, Missouri, Pennsylvania,
2815). copies of the FEIS are available upon Virginia, and West Virginia, and

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Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations 80593

received approximately 95,000 DATES: November 16, 2016. NUSAs for a number of states following
comments on the proposed rule, DEIS, FOR FURTHER INFORMATION CONTACT: completion of second-round 2016
and the draft Regulatory Impact Questions concerning this action should NUSA allocations; accordingly, EPA is
Analysis. be addressed to Robert Miller at (202) allocating these allowances to existing
The FEIS for the Stream Protection 343–9077 or miller.robertl@epa.gov or to units. The NUSA allowances are
Rule analyzes the environmental, Kenon Smith at (202) 343–9164 or generally allocated to the existing units
socioeconomic, and other effects of the smith.kenon@epa.gov. in proportion to the allocations
preferred alternative—Alternative 8, as SUPPLEMENTARY INFORMATION: Under the
previously made to the existing units
revised—and a reasonable range of other CSAPR FIPs, a portion of each state under 40 CFR 97.511(a)(1), adjusted for
alternatives, including a No Action budget for each of the four CSAPR rounding.
Alternative. The FEIS, including Under 40 CFR 97.512(b)(10), any
trading programs 1 is reserved as a
Alternative 8, has been revised, as allowances remaining in the CSAPR
NUSA from which allowances are
appropriate, in response to comments NOX Ozone Season Indian country
allocated to eligible units through an
and other information received on the NUSA for a given state and control
annual one- or two-round process. EPA
DEIS, proposed rule, and draft period after the second round of Indian
has described the CSAPR NUSA
Regulatory Impact Analysis. It also country NUSA allocations to new units
allocation process in three NODAs
includes the input of cooperating are added to the NUSA for that state or
previously published this year in the are made available for allocation by the
agencies. Federal Register (81 FR 33636 May 27, state pursuant to an approved SIP
Authority: 40 CFR 1506.6, 40 CFR 1506.1 2016; 81 FR 50630 August 2, 2016; 81 revision. No new units eligible for
FR 63156 September 14, 2016). In the allocations of CSAPR NOX Ozone
Dated: November 11, 2016. most recent of these previous NODAs,
Sterling Rideout, Season allowances from any 2016
EPA provided notice of preliminary lists Indian country NUSA have been
Assistant Director, Program Support. of new units eligible for second-round identified, and no state has an approved
[FR Doc. 2016–27655 Filed 11–15–16; 8:45 am] 2016 NUSA allocations of CSAPR NOX SIP revision governing allocation of
BILLING CODE 4310–05–P Ozone Season allowances and provided 2016 CSAPR NOX Ozone Season
an opportunity for the public to submit allowances. The Indian country NUSA
objections. allowances are therefore being added to
ENVIRONMENTAL PROTECTION EPA received no objections to the the NUSAs for the respective states and
AGENCY preliminary lists of new units eligible are included in the pools of allowances
for second-round 2016 NUSA that are being allocated to existing units
40 CFR Part 97 allocations of CSAPR NOX Ozone under 40 CFR 97.512(10) and (12).
Season allowances whose availability The final unit-by-unit data and
[FRL–9955–23–OAR]
was announced in the September 14 allowance allocation calculations are set
Allocations of Cross-State Air NODA. EPA is therefore making second- forth in Excel spreadsheets titled
Pollution Rule Allowances From New round 2016 NUSA allocations of CSAPR ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_
Unit Set-Asides for the 2016 NOX Ozone Season allowances to the Round_Final_Data_New_Units’’, and
Compliance Year new units identified on these lists in ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_
accordance with the procedures set Round_Final_Data_Existing_Units’’,
AGENCY: Environmental Protection forth in 40 CFR 97.512(a)(9) and (12). available on EPA’s Web site at https://
Agency (EPA). As described in the September 14 www3.epa.gov/airtransport/CSAPR/
ACTION: Final rule; notice of data NODA, any allowances remaining in the actions.html.
availability (NODA). CSAPR NOX Ozone Season NUSA for a Pursuant to CSAPR’s allowance
given state and control period after the recordation timing requirements, the
SUMMARY: The Environmental Protection second round of NUSA allocations to allocated NUSA allowances will be
Agency (EPA) is providing notice of new units are to be allocated to the recorded in sources’ AMS accounts by
emission allowance allocations to existing units in the state according to November 15, 2016. EPA notes that an
certain units under the new unit set- the procedures set forth in 40 CFR allocation or lack of allocation of
aside (NUSA) provisions of the Cross- 97.512(a)(10) and (12). EPA has allowances to a given unit does not
State Air Pollution Rule (CSAPR) determined that CSAPR NOX Ozone constitute a determination that CSAPR
federal implementation plans (FIPs). Season allowances do remain in the does or does not apply to the unit. EPA
EPA has completed final calculations also notes that NUSA allocations of
for the second round of NUSA 1 In the recently finalized Cross-State Air
CSAPR NOX Ozone Season allowances
allowance allocations for the 2016 Pollution Rule Update for the 2008 Ozone NAAQS
(CSAPR Update Rule), 81 FR 74504 (October 26, are subject to potential correction if a
compliance year of the CSAPR NOX 2016), EPA is establishing new or modified FIP unit to which NUSA allowances have
Ozone Season Trading Program. EPA requirements for EGUs in 22 states to address been allocated for a given compliance
has posted spreadsheets showing the transported pollution with regard to the 2008 ozone
year is not actually an affected unit as
second-round 2016 NUSA allocations of NAAQS, including requirements to participate in a
new fifth CSAPR trading program—the CSAPR NOX of May 1 of the compliance year.2
CSAPR NOX Ozone Season allowances Ozone Season Group 2 Trading Program—for
to new units as well as the allocations Authority: 40 CFR 97.511(b).
emissions occurring in 2017 and later years. In the
to existing units of the remaining same rule, EPA is also withdrawing the FIP Dated: November 2, 2016.
CSAPR NOX Ozone Season allowances provisions requiring EGUs in 24 states to participate Reid P. Harvey,
mstockstill on DSK3G9T082PROD with RULES

in the existing trading program addressing
not allocated to new units in either transported pollution with regard to the 1997 ozone Director, Clean Air Markets Division, Office
round of the 2016 NUSA allocation NAAQS for emissions occurring after 2016. (When of Atmospheric Programs, Office of Air and
process. EPA will record the allocated the CSAPR Update rule takes effect in December Radiation.
CSAPR NOX Ozone Season allowances 2016, the existing program will be renamed the [FR Doc. 2016–27541 Filed 11–15–16; 8:45 am]
CSAPR NOX Ozone Season Group 1 Trading
in sources’ Allowance Management Program.) The 2016 allowance allocations described BILLING CODE 6560–50–P
System (AMS) accounts by November in this notice concern the existing program and are
15, 2016. not affected by the CSAPR Update Rule. 2 See 40 CFR 97.511(c).

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Document Created: 2016-11-16 00:57:36
Document Modified: 2016-11-16 00:57:36

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		Rules and Regulations
Action		Notice of availability; final environmental impact statement.
Dates		The final EIS is available on November 16, 2016.
Contact		Robin Ferguson, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue NW., Washington, DC 20240. Telephone: 202-208- 2802. Email: [email protected]
FR Citation		81 FR 80592
CFR Citation		30 CFR 700 30 CFR 701 30 CFR 773 30 CFR 774 30 CFR 777 30 CFR 779 30 CFR 780 30 CFR 783 30 CFR 784 30 CFR 785 30 CFR 800 30 CFR 816 30 CFR 817 30 CFR 824 30 CFR 827

81 FR 80592 - Stream Protection Rule; Final Environmental Impact Statement

DEPARTMENT OF THE INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 81, Issue 221 (November 16, 2016)

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement