83 FR 10646 - Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 48 (March 12, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 48 (March 12, 2018)
| Page Range | 10646-10647 | |
| FR Document | 2018-04910 |
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)] [Proposed Rules] [Pages 10646-10647] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04910] [[Page 10646]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 904 [SATS No. AR-040-FOR; Docket ID: OSM-2012-0017; S1D1SSS08011000 SX064A000 189S180110; S2D2SSS08011000 SX064A000 18XS501520] Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing the withdrawal of a proposed rule pertaining to an amendment to the Arkansas regulatory program (Arkansas program) and the Arkansas Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas submitted the amendment to revise substantial portions of its regulatory program and AMLR Plan to be no less effective than the counterpart Federal regulations, as well as to clarify ambiguities, improve operational efficiency, correct grammar and punctuation, revise dates, and delete and add citations and subsections. DATES: The proposed rule published September 10, 2012, at 77 FR 55430, is withdrawn March 12, 2018. ADDRESSES: Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128. FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128. Telephone: (918) 581-6430. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background on the Arkansas Program and AMLR Plan II. Submission of the Withdrawal I. Background on the Arkansas Program and AMLR Plan 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 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 (Secretary) conditionally approved the Arkansas program effective November 21, 1980. You can find background information on the Arkansas program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Arkansas program, in the November 21, 1980, Federal Register (45 FR 77003). You can find later actions on the Arkansas program at 30 CFR 904.10, 904.12, and 904.15. The Abandoned Mine Land Reclamation Program was established by Title IV of the Act in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. On the basis of these criteria, the Secretary approved the Arkansas Plan effective May 2, 1983. You can find background information on the Arkansas Plan, including the Secretary's findings, the disposition of comments, and the approval of the plan in the May 2, 1983, Federal Register (48 FR 19710). You can find later actions concerning the Arkansas Plan at 30 CFR 904.25 and 904.26. II. Submission of the Withdrawal By letter dated June 25, 2012 (Administrative Record No. AR-572), Arkansas submitted a proposed amendment to its program and plan pursuant to SMCRA. Arkansas submitted the amendment in response to a September 30, 2009, letter (Administrative Record No. AR-571) from OSMRE in accordance with 30 CFR 732.17 (c), concerning multiple changes to ownership and control requirements. Arkansas also proposed substantive and nonsubstantive revisions to other sections of its regulatory program and its abandoned mine land reclamation plan at its own initiative. We announced receipt of the proposed amendment in the September 10, 2012, Federal Register (77 FR 55430). 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. We did not hold a public hearing or meeting because neither was requested. The public comment period ended on October 10, 2012. We did not receive any public comments. OSMRE reviewed the proposed amendment, and in a letter dated January 3, 2013 (Administrative Record No. AR-572.03), requested clarifications and suggested revisions to some provisions. Arkansas responded with minor revisions to their submittal by a letter dated January 11, 2013 (Administrative Record No. AR-572.04). OSMRE requested additional clarifications from Arkansas by email on February 28, 2013 (Administrative Record No. AR-572.05), and on March 5, 2013 (Administrative Record No. AR-572.06). Arkansas responded by email on March 5, 2013 (Administrative Record No. AR-572.07). On April 24, 2013 (Administrative Record No. AR-572.10), OSMRE notified Arkansas that our technical review was complete. On April 25, 2013, Arkansas submitted a revised version of the proposed amendment reflecting all clarifications and edits made during the technical review period (Administrative Record No. AR-572.09). On March 6, 2014, Arkansas submitted a revised amendment that withdrew the proposed changes to Reg.20.817.57 (Administrative Record No. AR-572.11). On July 1, 2014, Arkansas submitted a final version of the proposed amendment with minor corrections regarding page numbering and typographical errors (Administrative Record No. AR-572.12). On July 11, 2014, Arkansas requested the withdrawal of sections related to its Abandoned Mine Land and Administrative sections from its original amendment request (Administrative Record No. AR 572.14). The Office of the Solicitor, upon their review of the proposed amendment, found additional inconsistencies with the Federal rule. In a letter dated August 7, 2017, Arkansas notified us that they were withdrawing the proposed amendment at this time (Administrative Record No. AR-572.15). Arkansas stated in the letter that they would submit a new proposed amendment after working with OSMRE informally to address the deficiencies. List of Subjects in 30 CFR Part 904 Intergovernmental relations, Surface mining, Underground mining. [[Page 10647]] Dated: September 1, 2017. Alfred L. Clayborne, Regional Director, Mid-Continent Region. Editorial Note: The Office of the Federal Register received this document on March 7, 2018. [FR Doc. 2018-04910 Filed 3-9-18; 8:45 am] BILLING CODE 4310-05-P
![10646 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules
DEPARTMENT OF THE INTERIOR includes, among other things, state laws 10, 2012, Federal Register (77 FR
and regulations that govern surface coal 55430). In the same document, we
Office of Surface Mining Reclamation mining and reclamation operations in opened the public comment period and
and Enforcement accordance with the Act and consistent provided an opportunity for a public
with the Federal regulations. See 30 hearing or meeting on the adequacy of
30 CFR Part 904 U.S.C. 1253(a)(1) and (7). On the basis the amendment. We did not hold a
[SATS No. AR–040–FOR; Docket ID: OSM–
of these criteria, the Secretary of the public hearing or meeting because
2012–0017; S1D1SSS08011000 SX064A000 Interior (Secretary) conditionally neither was requested. The public
189S180110; S2D2SSS08011000 SX064A000 approved the Arkansas program comment period ended on October 10,
18XS501520] effective November 21, 1980. You can 2012. We did not receive any public
find background information on the comments.
Arkansas Regulatory Program and Arkansas program, including the OSMRE reviewed the proposed
Abandoned Mine Land Reclamation Secretary’s findings, the disposition of amendment, and in a letter dated
Plan comments, and the conditions of January 3, 2013 (Administrative Record
approval of the Arkansas program, in No. AR–572.03), requested clarifications
AGENCY: Office of Surface Mining and suggested revisions to some
the November 21, 1980, Federal
Reclamation and Enforcement, Interior. Register (45 FR 77003). You can find provisions. Arkansas responded with
ACTION: Proposed rule; withdrawal. later actions on the Arkansas program at minor revisions to their submittal by a
30 CFR 904.10, 904.12, and 904.15. letter dated January 11, 2013
SUMMARY: We, the Office of Surface
The Abandoned Mine Land (Administrative Record No. AR–572.04).
Mining Reclamation and Enforcement
Reclamation Program was established OSMRE requested additional
(OSMRE), are announcing the
by Title IV of the Act in response to clarifications from Arkansas by email on
withdrawal of a proposed rule
concerns over extensive environmental February 28, 2013 (Administrative
pertaining to an amendment to the
damage caused by past coal mining Record No. AR–572.05), and on March
Arkansas regulatory program (Arkansas
activities. The program is funded by a 5, 2013 (Administrative Record No. AR–
program) and the Arkansas Abandoned
reclamation fee collected on each ton of 572.06). Arkansas responded by email
Mine Land Reclamation (AMLR) Plan coal that is produced. The money on March 5, 2013 (Administrative
(hereinafter, the plan) under the Surface collected is used to finance the Record No. AR–572.07). On April 24,
Mining Control and Reclamation Act of reclamation of abandoned coal mines 2013 (Administrative Record No. AR–
1977 (SMCRA or the Act). Arkansas and for other authorized activities. 572.10), OSMRE notified Arkansas that
submitted the amendment to revise Section 405 of the Act allows States and our technical review was complete. On
substantial portions of its regulatory Tribes to assume exclusive April 25, 2013, Arkansas submitted a
program and AMLR Plan to be no less responsibility for reclamation activity revised version of the proposed
effective than the counterpart Federal within the State or on Indian lands if amendment reflecting all clarifications
regulations, as well as to clarify they develop and submit to the and edits made during the technical
ambiguities, improve operational Secretary for approval, a program (often review period (Administrative Record
efficiency, correct grammar and referred to as a plan) for the reclamation No. AR–572.09). On March 6, 2014,
punctuation, revise dates, and delete of abandoned coal mines. On the basis Arkansas submitted a revised
and add citations and subsections. of these criteria, the Secretary approved amendment that withdrew the proposed
DATES: The proposed rule published the Arkansas Plan effective May 2, 1983. changes to Reg.20.817.57
September 10, 2012, at 77 FR 55430, is You can find background information (Administrative Record No. AR–572.11).
withdrawn March 12, 2018. on the Arkansas Plan, including the On July 1, 2014, Arkansas submitted a
ADDRESSES: Tulsa Field Office, Office of Secretary’s findings, the disposition of final version of the proposed
Surface Mining Reclamation and comments, and the approval of the plan amendment with minor corrections
Enforcement, 1645 South 101st East in the May 2, 1983, Federal Register (48 regarding page numbering and
Avenue, Suite 145, Tulsa, Oklahoma FR 19710). You can find later actions typographical errors (Administrative
74128. concerning the Arkansas Plan at 30 CFR Record No. AR–572.12). On July 11,
FOR FURTHER INFORMATION CONTACT:
904.25 and 904.26. 2014, Arkansas requested the
William L. Joseph, Director, Tulsa Field withdrawal of sections related to its
II. Submission of the Withdrawal
Office, Office of Surface Mining Abandoned Mine Land and
By letter dated June 25, 2012 Administrative sections from its original
Reclamation and Enforcement, 1645 (Administrative Record No. AR–572),
South 101st East Avenue, Suite 145, amendment request (Administrative
Arkansas submitted a proposed Record No. AR 572.14).
Tulsa, Oklahoma 74128. Telephone: amendment to its program and plan The Office of the Solicitor, upon their
(918) 581–6430. Email: bjoseph@ pursuant to SMCRA. Arkansas review of the proposed amendment,
osmre.gov. submitted the amendment in response found additional inconsistencies with
SUPPLEMENTARY INFORMATION: to a September 30, 2009, letter the Federal rule. In a letter dated August
I. Background on the Arkansas Program and (Administrative Record No. AR–571) 7, 2017, Arkansas notified us that they
AMLR Plan from OSMRE in accordance with 30 were withdrawing the proposed
II. Submission of the Withdrawal CFR 732.17 (c), concerning multiple amendment at this time (Administrative
changes to ownership and control Record No. AR–572.15). Arkansas stated
daltland on DSKBBV9HB2PROD with PROPOSALS
I. Background on the Arkansas requirements. Arkansas also proposed
Program and AMLR Plan in the letter that they would submit a
substantive and nonsubstantive new proposed amendment after working
Section 503(a) of the Act permits a revisions to other sections of its with OSMRE informally to address the
State to assume primacy for the regulatory program and its abandoned deficiencies.
regulation of surface coal mining and mine land reclamation plan at its own
reclamation operations on non-Federal initiative. List of Subjects in 30 CFR Part 904
and non-Indian lands within its borders We announced receipt of the Intergovernmental relations, Surface
by demonstrating that its program proposed amendment in the September mining, Underground mining.
VerDate Sep<11>2014 17:41 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12MRP1.SGM 12MRP1](https://thefederalregister.org/doc/83_FR_10694/page/1.svg)
![Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules 10647
Dated: September 1, 2017. Docket ID: OSM–2017–0008 by any of includes, among other things, State laws
Alfred L. Clayborne, the following methods: and regulations that govern surface coal
Regional Director, Mid-Continent Region. • Mail/Hand Delivery: Mr. Ben mining and reclamation operations in
Owens, Chief, Pittsburgh Field Division, accordance with the Act and consistent
Editorial Note: The Office of the Federal Office of Surface Mining Reclamation with the Federal regulations. See 30
Register received this document on March 7,
2018.
and Enforcement, 3 Parkway Center, U.S.C. 1253(a)(1) and (7). On the basis
Pittsburgh, PA 15220. of these criteria, the Secretary of the
[FR Doc. 2018–04910 Filed 3–9–18; 8:45 am]
• Federal eRulemaking Portal: http:// Interior conditionally approved the
BILLING CODE 4310–05–P www.regulations.gov. Follow the Pennsylvania program, effective July 31,
instructions for submitting comments. 1982.
Instructions: All submissions received You can find additional background
DEPARTMENT OF INTERIOR must include the agency name and information on the Pennsylvania
Office of Surface Mining Reclamation docket number for this rulemaking. For program, including the Secretary’s
and Enforcement detailed instructions on submitting findings, the disposition of comments,
comments and additional information and conditions of approval in the July
30 CFR Part 938 on the rulemaking process, see the 30, 1982, Federal Register, at 47 FR
‘‘Public Comment Procedures’’ heading 33050. You can also find later actions
of the SUPPLEMENTARY INFORMATION concerning Pennsylvania’s program and
[PA–166–FOR, Docket ID: OSM–2017–0008; section of this document.
S1D1S SS08011000 SX064A000 189A180110 program amendments at 30 CFR 938.11,
S2D2S SS08011000 SX064A000
Docket: In addition to obtaining 938.12, 938.13, 938.15 and 938.16.
18XS501520] copies of documents at
www.regulations.gov, you may receive II. Description of the Proposed
Pennsylvania Regulatory Program one free copy of the amendment by Amendment
contacting OSMRE’s Pittsburgh Field
AGENCY: Office of Surface Mining Division. To access the docket to review By letter dated August 4, 2017
Reclamation and Enforcement (OSMRE), copies of the Pennsylvania program, this (Administrative Record No. PA 899.00),
Interior. amendment, a listing of any scheduled Pennsylvania sent us an amendment to
ACTION: Proposed rule; public comment public hearings, and all written its program under SMCRA (30 U.S.C.
period and opportunity for public comments received in response to this 1201 et seq.). The Pennsylvania General
hearing on proposed amendment. document, you may visit the address Assembly recently amended the
listed below during normal business BMSLCA to include language clarifying
SUMMARY: We, the Office of Surface hours, Monday through Friday, the circumstances where a finding of
Mining Reclamation and Enforcement excluding holidays. presumptive evidence of pollution is
(OSMRE), are announcing receipt of a Mr. Ben Owens, Chief, Pittsburgh warranted under the Commonwealth’s
proposed amendment to the Field Division, Office of Surface Mining Clean Streams Law.
Pennsylvania program under the Reclamation and Enforcement, 3 A. By way of State Bill 624,
Surface Mining Control and Parkway Center, Pittsburgh, PA 15220, Pennsylvania proposes additional
Reclamation Act of 1977 (SMCRA or the Telephone: (412) 937–2827, Email: language to the BMSLCA, Section 5 (i)
Act). Through this proposed bowens@osmre.gov. that states:
amendment, Pennsylvania seeks to Thomas Callaghan, P. G., Director,
revise its Bituminous Mine Subsidence In a permit application to conduct
Bureau of Mining and Reclamation, bituminous coal mining operations, subject
and Land Conversation Act to include Pennsylvania Department of to this act, planned subsidence in a
language clarifying the circumstances Environmental Protection, Rachel predictable and controlled manner which is
where a finding of presumptive Carson State Office Building, P.O. Box not predicted to result in the permanent
evidence of pollution is warranted 8461, Harrisburg, PA 17105–8461, disruption of premining existing or
under the Commonwealth’s Clean Telephone: (717) 787–5015, E-Mail: designated uses of surface waters of the
Streams Law. tcallaghan@pa.gov. Commonwealth shall not be considered
This document gives the locations presumptive evidence that the proposed
FOR FURTHER INFORMATION CONTACT: Mr. bituminous coal mining operations have the
and times where the Pennsylvania
Ben Owens, Chief, Pittsburgh Field potential to cause pollution as defined in
program documents and this proposed
Division, Office of Surface Mining section 1 of the act of June 22, 1937 (P.L.
amendment to that program are
Reclamation and Enforcement 3 1987, No. 394), known as ‘The Clean Streams
available for your inspection,
Parkway Center, Pittsburgh, PA 15220; Law.
establishes the comment period during
Telephone: (412) 937–2827; Email:
which you may submit written B. Further, Pennsylvania proposes
bowens@osmre.gov.
comments on the amendment, and additional language to BMSLCA,
describes the procedures we will follow SUPPLEMENTARY INFORMATION:
Section 5 (j) as follows:
for the public hearing, if one is I. Background on the Pennsylvania Program
requested. II. Description of the Proposed Amendment The provisions of subsection (i) shall only
III. Public Comment Procedures apply if: (1) A person submits an application
DATES: We will accept written IV. Procedural Determinations to conduct bituminous mining operations
comments on this amendment until 4:00 subject to this act to the department that
daltland on DSKBBV9HB2PROD with PROPOSALS
p.m., Eastern Standard Time (e.s.t.), I. Background on the Pennsylvania provides for the restoration of the premining
April 11, 2018. If requested, we will Program range of flows and restoration of premining
hold a public hearing on the biological communities in any waters of this
Section 503(a) of the Act permits a Commonwealth predicted to be adversely
amendment on April 6, 2018. We will State to assume primacy for the affected by subsidence. The restoration shall
accept requests to speak at a hearing regulation of surface coal mining and be consistent with the premining existing
until 4:00 p.m., e.s.t. on March 27, 2018. reclamation operations on non-Federal and designated uses of the waters of this
ADDRESSES: You may submit comments, and non-Indian lands within its borders Commonwealth; and (2) the application is
identified by SATS No. PA–166–FOR; by demonstrating that its State program approved by the department.
VerDate Sep<11>2014 17:41 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12MRP1.SGM 12MRP1](https://thefederalregister.org/doc/83_FR_10694/page/2.svg)
Document Created: 2018-11-01 08:50:59
Document Modified: 2018-11-01 08:50:59
| 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 | Proposed rule; withdrawal. | |
| Dates | The proposed rule published September 10, 2012, at 77 FR 55430, is withdrawn March 12, 2018. | |
| Contact | William L. Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128. Telephone: (918) 581-6430. Email: [email protected] | |
| FR Citation | 83 FR 10646 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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