82_FR_31845 82 FR 31715 - Pennsylvania Regulatory Program

82 FR 31715 - Pennsylvania Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31715-31717
FR Document2017-14376

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment revises the Pennsylvania program to further define the implementation process for the reclamation of alternative bonding system (ABS) ``Legacy Sites,'' and to clearly identify the current list of Legacy Sites, as well as sites that may qualify in the future as Legacy Sites.

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Rules and Regulations]
[Pages 31715-31717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14376]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules 
and Regulations

[[Page 31715]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-164-FOR; Docket No. OSM-2016-0013; S1D1S SS08011000 
SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520]


Pennsylvania Regulatory Program

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

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Pennsylvania regulatory 
program (Pennsylvania program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). This amendment revises the 
Pennsylvania program to further define the implementation process for 
the reclamation of alternative bonding system (ABS) ``Legacy Sites,'' 
and to clearly identify the current list of Legacy Sites, as well as 
sites that may qualify in the future as Legacy Sites.

DATES: Effective August 9, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, Office of Surface Mining Reclamation and Enforcement, 3 
Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

I. Background on the Pennsylvania Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, State laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the 
Secretary of the Interior conditionally approved the Pennsylvania 
program on July 30, 1982. You can find additional background 
information on the Pennsylvania program, including the Secretary's 
findings, the disposition of comments, and conditions of approval in 
the July 30, 1982, Federal Register, (47 FR 33050). You can also find 
later actions concerning Pennsylvania's program and program amendments 
at 30 CFR 938.11, 938.12, 938.13, 938.15 and 938.16.
    By letter dated August 1, 2008 (Administrative Record Number PA 
802.43), Pennsylvania sent us a proposed program amendment that was 
intended to satisfy a required amendment that was imposed by OSMRE in a 
final rule published in the Federal Register on May 31, 1991, (56 FR 
24687), and codified in the Federal regulations at 30 CFR 938.16(h). 
This proposed program amendment, hereinafter referred to as the ``ABS 
Program Amendment,'' was also intended to satisfy requirements of an 
October 1, 1991, letter sent to the state pursuant to the Federal 
regulations at 30 CFR 732.17 (the ``732 letter''). Among other things, 
the August 1, 2008, amendment proposed significant changes to the 
State's revenue raising mechanism for the treatment of pollutional 
discharges at ABS Legacy Sites. The term ``Legacy Sites'' is defined in 
Section III, below.
    On August 10, 2010, we published a Federal Register notice 
announcing our partial approval of the ABS program amendment. 75 FR 
48526. The only issue preventing a complete approval was that 
Pennsylvania had not demonstrated that there was sufficient bond money 
to cover the cost of land reclamation on two known active surface coal 
mining sites. On October 1, 2010, Pennsylvania submitted an amendment 
containing the necessary demonstration of sufficient reclamation funds. 
OSMRE approved this amendment on September 17, 2015, (see 80 FR 55746), 
and removed the aforementioned required amendment at 30 CFR 938.16(h).

II. Submission of the Amendment

    By letter dated November 14, 2016 (Administrative Record No. PA 
897.00), Pennsylvania sent us an amendment to its program under SMCRA 
(30 U.S.C. 1201 et seq.).
    We announced receipt of the proposed amendment in the March 10, 
2017, Federal Register (82 FR 13268). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. OSMRE received 
four public comments. The public comment period ended on April, 10, 
2017. No public hearing or meeting was requested.

III. OSMRE's Findings

    Pennsylvania submitted this program amendment to further define how 
the Pennsylvania Department of Environmental Protection 
(``Department'') will implement its obligation under the approved ABS 
Program Amendment consistent with OSMRE oversight. As defined in 25 Pa. 
Code Sec.  86.1, ``ABS Legacy Sites'' are ``[m]ine sites, permitted 
under the Primacy Alternate Bonding System [ABS], that have a 
postmining pollutional discharge where the operator has defaulted on 
its obligation to adequately treat the discharge and, either the bond 
posted for the site is insufficient to cover the cost of treating the 
discharge, or a trust to cover the costs of treating the discharge was 
not fully funded and is insufficient to cover the cost of treating the 
discharge.'' The following are the issues Pennsylvania addressed in its 
submittal.
    A. The amendment contains a current list of ABS Legacy Sites.
    B. The amendment provides a process for moving sites from the list 
of potential ABS Legacy Sites to the list of ABS Legacy Sites. Sites 
may become ABS Legacy Sites if a bond forfeiture occurs, or under the 
circumstances set forth in paragraph C, below.
    C. The amendment includes the mechanisms by which a site can be 
added to the list of ABS Legacy Sites if bond release was improperly 
granted, or if the bond or trust fund is subsequently determined to be 
inadequate for certain specified reasons.

[[Page 31716]]

    D. The amendment provides the criteria that must be met in order 
for a mine to be removed from the list of ABS Legacy Sites. Removal 
from the list may occur if there is no longer a post-mining discharge 
requiring treatment, if the amount of bond posted becomes sufficient to 
guarantee adequate treatment of discharges, or if a fully funded trust 
fund is established that will guarantee discharge treatment in 
perpetuity.
    E. The amendment requires the Department to request concurrence 
from OSMRE, consistent with its oversight authority, when sites are 
being added to or removed from the list of ABS Legacy Sites or from the 
list of potential ABS Legacy Sites. This concurrence will be requested 
in writing through a letter or email message to the Pittsburgh Field 
Division, Harrisburg Office. The concurrence request will include a 
justification of the action. After the concurrence is received, the 
Department will publish the notice in the Pennsylvania Bulletin.
    F. The amendment provides schedules for completion of land 
reclamation at ABS bond forfeiture sites, and for installation and 
completion of ABS Legacy Site postmining discharge treatment systems.
    G. The amendment requires the State to submit annual reports to 
OSMRE on the progress toward installation and completion of ABS Legacy 
Site postmining treatment systems.
    H. The amendment states that sites covered by ``mixed site 
trusts,'' (used for discharges from multiple mines that include both 
ABS and non-ABS sites), ``partially funded trusts,'' and ``Department-
directed trusts'' will continue to be considered ABS Legacy Sites.
    We have determined that the amendment contains no provisions that 
are inconsistent with SMCRA and its implementing regulations, and are 
therefore approving it. However, our approval of the provision allowing 
a site to be added to the list of ABS Legacy Sites if bond release was 
improperly granted is with the understanding that, prior to 
reclassifying such a site as an ABS Legacy Site, the Department must 
take action, as appropriate, to require the operator to reclaim the 
site. If the permittee no longer exists or is insolvent, and is 
therefore unable to complete reclamation, the Department must ensure 
that any permittees, and the entities and operators that are owned and 
controlled by them, are linked to any unabated violations and/or bond 
forfeitures resulting from the site as appropriate.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments and requests for public hearings or 
meetings regarding the amendment. We received responses from PennFUTURE 
and from three individuals: Nolan Murphy-Genao, Sue McLendon, and 
Stephen Mee. The following summarizes the comments and our responses to 
them.
    PennFUTURE: PennFUTURE agreed with approving the proposed 
amendment, stating that it has no course-reversing effect on the 
approved State program. Instead, PennFUTURE said that it advances the 
objectives of the previously approved elements of the Pennsylvania 
Regulatory Program and enhances them by adding clarity, certainty and 
transparency to the approved mechanisms.
    OSMRE's Response: We agree with the commenter, and are approving 
the amendment.
    Other Commenters: The three remaining commenters provided comments 
related to the regulation and enforcement of surface coal mining in 
general and did not provide specific substantive comments on the 
amendment proposed.
    OSMRE's Response: The comments provided are not germane to the 
question of approval or disapproval of this amendment.

Federal Agency Comments

    On November 16, 2016 (Administrative Record PA 897.01), under 30 
CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments 
on the amendment from various Federal agencies with an actual or 
potential interest in the Pennsylvania program. We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under Federal regulations at 30 CFR 732.17(h)(11)(ii), we are 
required to get a written concurrence from EPA for those provisions of 
the program amendment that relate to air or water quality standards 
issued under the authority of the Clean Water Act (33 U.S.C. 1251 et 
seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). None of the 
revisions that Pennsylvania proposed to make in this amendment pertain 
to air or water quality standards. Therefore, we did not ask EPA to 
concur on the amendment. However, on November 16, 2016, we requested 
comments from the EPA on the amendment. The EPA responded in a letter 
dated January 6, 2017, stating, ``The EPA has reviewed the proposed 
amendment and will not be providing comments.'' (Administrative Record 
PA 897.02).

V. OSMRE's Decision

    Based on the above finding, we are approving Pennsylvania's 
amendment that was submitted on November 14, 2016.
    To implement this decision, we are amending the Federal 
regulations, at 30 CFR part 938, that codify decisions concerning the 
Pennsylvania program. Section 503(a) of SMCRA requires that the State's 
program demonstrate that the State has the capability of carrying out 
the provisions of the Act and meeting its purposes. SMCRA requires 
consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSMRE. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) 
and the Federal regulations at 30 CFR 730.11, 732.15, and 
732.17(h)(10), decisions on proposed State regulatory programs and 
program amendments submitted by the States must be based solely on a 
determination of whether the submittal is consistent with SMCRA and its 
implementing Federal regulations and whether the other requirements of 
30 CFR parts 730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society

[[Page 31717]]

and the environment from the adverse effects of surface coal mining 
operations.'' Section 503(a)(1) of SMCRA requires that State laws 
regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
The basis for this determination is that our decision is on a State 
regulatory program and does not involve a Federal regulation involving 
Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, which requires agencies to 
prepare a Statement of Energy Effects for a rule that is (1) considered 
significant under Executive Order 12866, and (2) likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Because this rule is exempt from review under Executive Order 
12866 and is not expected to have a significant adverse effect on the 
supply, distribution, or use of energy, a Statement of Energy Effects 
is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 31, 2017.
Thomas D. Shope,
Regional Director, Appalachian Region.

    For the reasons set out in the preamble, 30 CFR part 938 is amended 
as set forth below:

PART 938--PENNSYLVANIA

0
1. The authority citation for part 938 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Section 938.15 is amended by adding an entry to the table in 
chronological order by ``Date of publication of final rule'' to read as 
follows:


Sec.  938.15  Approval of Pennsylvania regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                        Date of publication of
 Original amendment submission dates          final rule                      Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
November 14, 2016....................  July 10, 2017..........  Pennsylvania's commitment to the completion of
                                                                 treatment systems for pollutional discharges on
                                                                 ABS Legacy Sites.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-14376 Filed 7-7-17; 8:45 am]
BILLING CODE 4310-05-P



                                                                                                                                                                                              31715

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 82, No. 130

                                                                                                                                                            Monday, July 10, 2017



                                             This section of the FEDERAL REGISTER                     regulation of surface coal mining and                 80 FR 55746), and removed the
                                             contains regulatory documents having general             reclamation operations on non-Federal                 aforementioned required amendment at
                                             applicability and legal effect, most of which            and non-Indian lands within its borders               30 CFR 938.16(h).
                                             are keyed to and codified in the Code of                 by demonstrating that its State program
                                             Federal Regulations, which is published under                                                                  II. Submission of the Amendment
                                                                                                      includes, among other things, State laws
                                             50 titles pursuant to 44 U.S.C. 1510.                                                                             By letter dated November 14, 2016
                                                                                                      and regulations that govern surface coal
                                             The Code of Federal Regulations is sold by               mining and reclamation operations in                  (Administrative Record No. PA 897.00),
                                             the Superintendent of Documents.                         accordance with the Act and consistent                Pennsylvania sent us an amendment to
                                                                                                      with the Federal regulations. See 30                  its program under SMCRA (30 U.S.C.
                                                                                                      U.S.C. 1253(a)(1) and (7). On the basis               1201 et seq.).
                                             DEPARTMENT OF THE INTERIOR                               of these criteria, the Secretary of the                  We announced receipt of the
                                                                                                      Interior conditionally approved the                   proposed amendment in the March 10,
                                             Office of Surface Mining Reclamation                     Pennsylvania program on July 30, 1982.                2017, Federal Register (82 FR 13268). In
                                             and Enforcement                                          You can find additional background                    the same document, we opened the
                                                                                                      information on the Pennsylvania                       public comment period and provided an
                                             30 CFR Part 938                                          program, including the Secretary’s                    opportunity for a public hearing or
                                             [SATS No. PA–164–FOR; Docket No. OSM–                    findings, the disposition of comments,                meeting on the adequacy of the
                                             2016–0013; S1D1S SS08011000 SX064A000                    and conditions of approval in the July                amendment. OSMRE received four
                                             178S180110; S2D2S SS08011000                             30, 1982, Federal Register, (47 FR                    public comments. The public comment
                                             SX064A000 17XS501520]                                    33050). You can also find later actions               period ended on April, 10, 2017. No
                                                                                                      concerning Pennsylvania’s program and                 public hearing or meeting was
                                             Pennsylvania Regulatory Program                                                                                requested.
                                                                                                      program amendments at 30 CFR 938.11,
                                             AGENCY:   Office of Surface Mining                       938.12, 938.13, 938.15 and 938.16.                    III. OSMRE’s Findings
                                             Reclamation and Enforcement (OSMRE),                        By letter dated August 1, 2008                        Pennsylvania submitted this program
                                             Interior.                                                (Administrative Record Number PA                      amendment to further define how the
                                             ACTION: Final rule; approval of                          802.43), Pennsylvania sent us a                       Pennsylvania Department of
                                             amendment.                                               proposed program amendment that was                   Environmental Protection
                                                                                                      intended to satisfy a required                        (‘‘Department’’) will implement its
                                             SUMMARY:   We, the Office of Surface                     amendment that was imposed by
                                             Mining Reclamation and Enforcement                                                                             obligation under the approved ABS
                                                                                                      OSMRE in a final rule published in the                Program Amendment consistent with
                                             (OSMRE), are approving an amendment                      Federal Register on May 31, 1991, (56
                                             to the Pennsylvania regulatory program                                                                         OSMRE oversight. As defined in 25 Pa.
                                                                                                      FR 24687), and codified in the Federal                Code § 86.1, ‘‘ABS Legacy Sites’’ are
                                             (Pennsylvania program) under the                         regulations at 30 CFR 938.16(h). This
                                             Surface Mining Control and                                                                                     ‘‘[m]ine sites, permitted under the
                                                                                                      proposed program amendment,                           Primacy Alternate Bonding System
                                             Reclamation Act of 1977 (SMCRA or the                    hereinafter referred to as the ‘‘ABS
                                             Act). This amendment revises the                                                                               [ABS], that have a postmining
                                                                                                      Program Amendment,’’ was also                         pollutional discharge where the
                                             Pennsylvania program to further define                   intended to satisfy requirements of an
                                             the implementation process for the                                                                             operator has defaulted on its obligation
                                                                                                      October 1, 1991, letter sent to the state             to adequately treat the discharge and,
                                             reclamation of alternative bonding                       pursuant to the Federal regulations at 30
                                             system (ABS) ‘‘Legacy Sites,’’ and to                                                                          either the bond posted for the site is
                                                                                                      CFR 732.17 (the ‘‘732 letter’’). Among                insufficient to cover the cost of treating
                                             clearly identify the current list of Legacy              other things, the August 1, 2008,
                                             Sites, as well as sites that may qualify                                                                       the discharge, or a trust to cover the
                                                                                                      amendment proposed significant                        costs of treating the discharge was not
                                             in the future as Legacy Sites.                           changes to the State’s revenue raising
                                             DATES: Effective August 9, 2017.
                                                                                                                                                            fully funded and is insufficient to cover
                                                                                                      mechanism for the treatment of                        the cost of treating the discharge.’’ The
                                             FOR FURTHER INFORMATION CONTACT: Mr.                     pollutional discharges at ABS Legacy                  following are the issues Pennsylvania
                                             Ben Owens, Chief, Pittsburgh Field                       Sites. The term ‘‘Legacy Sites’’ is                   addressed in its submittal.
                                             Division, Office of Surface Mining                       defined in Section III, below.                           A. The amendment contains a current
                                             Reclamation and Enforcement, 3                              On August 10, 2010, we published a                 list of ABS Legacy Sites.
                                             Parkway Center, Pittsburgh, PA 15220,                    Federal Register notice announcing our                   B. The amendment provides a process
                                             Telephone: (412) 937–2827, Email:                        partial approval of the ABS program                   for moving sites from the list of
                                             bowens@osmre.gov.                                        amendment. 75 FR 48526. The only                      potential ABS Legacy Sites to the list of
                                             SUPPLEMENTARY INFORMATION:                               issue preventing a complete approval                  ABS Legacy Sites. Sites may become
                                             I. Background on the Pennsylvania Program                was that Pennsylvania had not                         ABS Legacy Sites if a bond forfeiture
                                             II. Submission of the Amendment                          demonstrated that there was sufficient                occurs, or under the circumstances set
                                             III. OSMRE’s Findings
                                             IV. Summary and Disposition of Comments
                                                                                                      bond money to cover the cost of land                  forth in paragraph C, below.
                                                                                                      reclamation on two known active                          C. The amendment includes the
nlaroche on DSK30NT082PROD with RULES




                                             V. OSMRE’s Decision
                                             VI. Procedural Determinations                            surface coal mining sites. On October 1,              mechanisms by which a site can be
                                                                                                      2010, Pennsylvania submitted an                       added to the list of ABS Legacy Sites if
                                             I. Background on the Pennsylvania                        amendment containing the necessary                    bond release was improperly granted, or
                                             Program                                                  demonstration of sufficient reclamation               if the bond or trust fund is subsequently
                                                Section 503(a) of the Act permits a                   funds. OSMRE approved this                            determined to be inadequate for certain
                                             State to assume primacy for the                          amendment on September 17, 2015, (see                 specified reasons.


                                        VerDate Sep<11>2014   15:06 Jul 07, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\10JYR1.SGM   10JYR1


                                             31716               Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations

                                                D. The amendment provides the                         IV. Summary and Disposition of                        the proposed amendment and will not
                                             criteria that must be met in order for a                 Comments                                              be providing comments.’’
                                             mine to be removed from the list of ABS                                                                        (Administrative Record PA 897.02).
                                                                                                      Public Comments
                                             Legacy Sites. Removal from the list may                                                                        V. OSMRE’s Decision
                                             occur if there is no longer a post-mining                  We asked for public comments and
                                             discharge requiring treatment, if the                    requests for public hearings or meetings                Based on the above finding, we are
                                             amount of bond posted becomes                            regarding the amendment. We received                  approving Pennsylvania’s amendment
                                             sufficient to guarantee adequate                         responses from PennFUTURE and from                    that was submitted on November 14,
                                             treatment of discharges, or if a fully                   three individuals: Nolan Murphy-                      2016.
                                             funded trust fund is established that                    Genao, Sue McLendon, and Stephen                        To implement this decision, we are
                                             will guarantee discharge treatment in                    Mee. The following summarizes the                     amending the Federal regulations, at 30
                                             perpetuity.                                              comments and our responses to them.                   CFR part 938, that codify decisions
                                                E. The amendment requires the                           PennFUTURE: PennFUTURE agreed                       concerning the Pennsylvania program.
                                             Department to request concurrence from                   with approving the proposed                           Section 503(a) of SMCRA requires that
                                             OSMRE, consistent with its oversight                     amendment, stating that it has no                     the State’s program demonstrate that the
                                             authority, when sites are being added to                 course-reversing effect on the approved               State has the capability of carrying out
                                             or removed from the list of ABS Legacy                   State program. Instead, PennFUTURE                    the provisions of the Act and meeting its
                                                                                                      said that it advances the objectives of               purposes. SMCRA requires consistency
                                             Sites or from the list of potential ABS
                                                                                                      the previously approved elements of the               of State and Federal standards.
                                             Legacy Sites. This concurrence will be
                                             requested in writing through a letter or                 Pennsylvania Regulatory Program and                   VI. Procedural Determinations
                                             email message to the Pittsburgh Field                    enhances them by adding clarity,
                                                                                                      certainty and transparency to the                     Executive Order 12630—Takings
                                             Division, Harrisburg Office. The
                                             concurrence request will include a                       approved mechanisms.                                    This rule does not have takings
                                             justification of the action. After the                     OSMRE’s Response: We agree with                     implications. This determination is
                                             concurrence is received, the Department                  the commenter, and are approving the                  based on the analysis performed for the
                                             will publish the notice in the                           amendment.                                            counterpart Federal regulation.
                                             Pennsylvania Bulletin.                                     Other Commenters: The three
                                                                                                      remaining commenters provided                         Executive Order 12866—Regulatory
                                                F. The amendment provides                                                                                   Planning and Review
                                                                                                      comments related to the regulation and
                                             schedules for completion of land
                                                                                                      enforcement of surface coal mining in                   This rule is exempt from review by
                                             reclamation at ABS bond forfeiture sites,
                                                                                                      general and did not provide specific                  the Office of Management and Budget
                                             and for installation and completion of
                                                                                                      substantive comments on the                           under Executive Order 12866.
                                             ABS Legacy Site postmining discharge
                                                                                                      amendment proposed.
                                             treatment systems.                                                                                             Executive Order 12988—Civil Justice
                                                                                                        OSMRE’s Response: The comments
                                                G. The amendment requires the State                                                                         Reform
                                                                                                      provided are not germane to the
                                             to submit annual reports to OSMRE on                     question of approval or disapproval of                   The Department of the Interior has
                                             the progress toward installation and                     this amendment.                                       conducted the reviews required by
                                             completion of ABS Legacy Site                                                                                  section 3 of Executive Order 12988 and
                                             postmining treatment systems.                            Federal Agency Comments                               has determined that this rule meets the
                                                H. The amendment states that sites                      On November 16, 2016                                applicable standards of subsections (a)
                                             covered by ‘‘mixed site trusts,’’ (used for              (Administrative Record PA 897.01),                    and (b) of that section. However, these
                                             discharges from multiple mines that                      under 30 CFR 732.17(h)(11)(i) and                     standards are not applicable to the
                                             include both ABS and non-ABS sites),                     section 503(b) of SMCRA, we requested                 actual language of State regulatory
                                             ‘‘partially funded trusts,’’ and                         comments on the amendment from                        programs and program amendments
                                             ‘‘Department-directed trusts’’ will                      various Federal agencies with an actual               because each program is drafted and
                                             continue to be considered ABS Legacy                     or potential interest in the Pennsylvania             promulgated by a specific State, not by
                                             Sites.                                                   program. We did not receive any                       OSMRE. Under sections 503 and 505 of
                                                We have determined that the                           comments.                                             SMCRA (30 U.S.C. 1253 and 1255) and
                                             amendment contains no provisions that                                                                          the Federal regulations at 30 CFR
                                             are inconsistent with SMCRA and its                      Environmental Protection Agency (EPA)
                                                                                                                                                            730.11, 732.15, and 732.17(h)(10),
                                             implementing regulations, and are                        Concurrence and Comments
                                                                                                                                                            decisions on proposed State regulatory
                                             therefore approving it. However, our                       Under Federal regulations at 30 CFR                 programs and program amendments
                                             approval of the provision allowing a site                732.17(h)(11)(ii), we are required to get             submitted by the States must be based
                                             to be added to the list of ABS Legacy                    a written concurrence from EPA for                    solely on a determination of whether the
                                             Sites if bond release was improperly                     those provisions of the program                       submittal is consistent with SMCRA and
                                             granted is with the understanding that,                  amendment that relate to air or water                 its implementing Federal regulations
                                             prior to reclassifying such a site as an                 quality standards issued under the                    and whether the other requirements of
                                             ABS Legacy Site, the Department must                     authority of the Clean Water Act (33                  30 CFR parts 730, 731, and 732 have
                                             take action, as appropriate, to require                  U.S.C. 1251 et seq.) or the Clean Air Act             been met.
                                             the operator to reclaim the site. If the                 (42 U.S.C. 7401 et seq.). None of the
                                             permittee no longer exists or is                         revisions that Pennsylvania proposed to               Executive Order 13132—Federalism
                                             insolvent, and is therefore unable to                    make in this amendment pertain to air                   This rule does not have Federalism
                                             complete reclamation, the Department                     or water quality standards. Therefore,                implications. SMCRA delineates the
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                                             must ensure that any permittees, and                     we did not ask EPA to concur on the                   roles of the Federal and State
                                             the entities and operators that are                      amendment. However, on November 16,                   governments with regard to the
                                             owned and controlled by them, are                        2016, we requested comments from the                  regulation of surface coal mining and
                                             linked to any unabated violations and/                   EPA on the amendment. The EPA                         reclamation operations. One of the
                                             or bond forfeitures resulting from the                   responded in a letter dated January 6,                purposes of SMCRA is to ‘‘establish a
                                             site as appropriate.                                     2017, stating, ‘‘The EPA has reviewed                 nationwide program to protect society


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                                                                 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations                                                 31717

                                             and the environment from the adverse                     National Environmental Policy Act                      individual industries, Federal, State, or
                                             effects of surface coal mining                             This rule does not require an                        local government agencies, or
                                             operations.’’ Section 503(a)(1) of                                                                              geographic regions; and (c) Does not
                                                                                                      environmental impact statement
                                             SMCRA requires that State laws                                                                                  have significant adverse effects on
                                                                                                      because section 702(d) of SMCRA (30
                                             regulating surface coal mining and                                                                              competition, employment, investment,
                                                                                                      U.S.C. 1292(d)) provides that agency
                                             reclamation operations be ‘‘in                                                                                  productivity, innovation, or the ability
                                                                                                      decisions on proposed State regulatory
                                             accordance with’’ the requirements of                                                                           of U.S.-based enterprises to compete
                                                                                                      program provisions do not constitute
                                             SMCRA, and section 503(a)(7) requires                                                                           with foreign-based enterprises. This
                                                                                                      major Federal actions within the
                                             that State programs contain rules and                                                                           determination is based upon the
                                                                                                      meaning of section 102(2)(C) of the
                                             regulations ‘‘consistent with’’                                                                                 analysis performed under various laws
                                                                                                      National Environmental Policy Act (42
                                             regulations issued by the Secretary                                                                             and executive orders for the counterpart
                                                                                                      U.S.C. 4332(2)(C)).
                                             pursuant to SMCRA.                                                                                              Federal regulations.
                                             Executive Order 13175—Consultation                       Paperwork Reduction Act
                                                                                                                                                             Unfunded Mandates
                                             and Coordination With Indian Tribal                        This rule does not contain
                                             Governments                                              information collection requirements that                  This rule will not impose an
                                                                                                      require approval by OMB under the                      unfunded mandate on State, local, or
                                                In accordance with Executive Order                                                                           tribal governments or the private sector
                                             13175, we have evaluated the potential                   Paperwork Reduction Act (44 U.S.C.
                                                                                                      3507 et seq.).                                         of $100 million or more in any given
                                             effects of this rule on Federally-                                                                              year. This determination is based upon
                                             recognized Indian tribes and have                        Regulatory Flexibility Act                             the analysis performed under various
                                             determined that the rule does not have                                                                          laws and executive orders for the
                                             substantial direct effects on one or more                  The Department of the Interior
                                                                                                      certifies that this rule will not have a               counterpart Federal regulations.
                                             Indian tribes, on the relationship
                                             between the Federal Government and                       significant economic impact on a                       List of Subjects in 30 CFR Part 938
                                             Indian tribes, or on the distribution of                 substantial number of small entities
                                                                                                      under the Regulatory Flexibility Act (5                 Intergovernmental relations, Surface
                                             power and responsibilities between the
                                                                                                      U.S.C. 601 et seq.). The State submittal,              mining, Underground mining.
                                             Federal Government and Indian tribes.
                                             The basis for this determination is that                 which is the subject of this rule, is based              Dated: May 31, 2017.
                                             our decision is on a State regulatory                    upon counterpart Federal regulations for               Thomas D. Shope,
                                             program and does not involve a Federal                   which an economic analysis was                         Regional Director, Appalachian Region.
                                             regulation involving Indian lands.                       prepared and certification made that
                                                                                                      such regulations would not have a                        For the reasons set out in the
                                             Executive Order 13211—Regulations                        significant economic effect upon a                     preamble, 30 CFR part 938 is amended
                                             That Significantly Affect the Supply,                    substantial number of small entities. In               as set forth below:
                                             Distribution, or Use of Energy                           making the determination as to whether
                                                                                                                                                             PART 938—PENNSYLVANIA
                                                Executive Order 13211 of May 18,                      this rule would have a significant
                                             2001, which requires agencies to                         economic impact, the Department relied                 ■ 1. The authority citation for part 938
                                             prepare a Statement of Energy Effects for                upon the data and assumptions for the                  continues to read as follows:
                                             a rule that is (1) considered significant                counterpart Federal regulations.
                                             under Executive Order 12866, and (2)                                                                                Authority: 30 U.S.C. 1201 et seq.
                                                                                                      Small Business Regulatory Enforcement
                                             likely to have a significant adverse effect                                                                     ■ 2. Section 938.15 is amended by
                                                                                                      Fairness Act
                                             on the supply, distribution, or use of                                                                          adding an entry to the table in
                                             energy. Because this rule is exempt from                    This rule is not a major rule under 5               chronological order by ‘‘Date of
                                             review under Executive Order 12866                       U.S.C. 804(2), the Small Business                      publication of final rule’’ to read as
                                             and is not expected to have a significant                Regulatory Enforcement Fairness Act.                   follows:
                                             adverse effect on the supply,                            This rule: (a) Does not have an annual
                                             distribution, or use of energy, a                        effect on the economy of $100 million;                 § 938.15 Approval of Pennsylvania
                                             Statement of Energy Effects is not                       (b) Will not cause a major increase in                 regulatory program amendments.
                                             required.                                                costs or prices for consumers,                         *       *      *     *    *

                                               Original amendment           Date of publication of                                                 Citation/description
                                                submission dates                  final rule


                                                    *                          *                       *                 *                   *                    *                     *
                                             November 14, 2016 ....       July 10, 2017 .............. Pennsylvania’s commitment to the completion of treatment systems for pollutional discharges
                                                                                                         on ABS Legacy Sites.



                                             [FR Doc. 2017–14376 Filed 7–7–17; 8:45 am]               DEPARTMENT OF DEFENSE                                  ACTION:     Final rule.
                                             BILLING CODE 4310–05–P
                                                                                                      Department of the Navy                                 SUMMARY:   The Department of the Navy
                                                                                                                                                             (DoN) is amending its certifications and
nlaroche on DSK30NT082PROD with RULES




                                                                                                      32 CFR Part 706                                        exemptions under the International
                                                                                                                                                             Regulations for Preventing Collisions at
                                                                                                      Certifications and Exemptions Under                    Sea, 1972 (72 COLREGS), to reflect that
                                                                                                      the International Regulations for                      the Deputy Assistant Judge Advocate
                                                                                                      Preventing Collisions at Sea, 1972                     General (DAJAG) (Admiralty and
                                                                                                                                                             Maritime Law) has determined that
                                                                                                      AGENCY:    Department of the Navy, DoD.                certain vessels of the VIRGINIA SSN


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Document Created: 2017-07-08 00:55:28
Document Modified: 2017-07-08 00:55:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; approval of amendment.
DatesEffective August 9, 2017.
ContactMr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: [email protected]
FR Citation82 FR 31715 
CFR AssociatedIntergovernmental Relations; Surface Mining and Underground Mining

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