83 FR 10647 - Pennsylvania Regulatory Program

DEPARTMENT OF INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range		10647-10648
FR Document		2018-04911

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania seeks to revise its Bituminous Mine Subsidence and Land Conversation Act to include language clarifying the circumstances where a finding of presumptive evidence of pollution is warranted under the Commonwealth's Clean Streams Law. This document gives the locations and times where the Pennsylvania program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures we will follow for the public hearing, if one is requested.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10647-10648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04911]


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DEPARTMENT OF INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-166-FOR, Docket ID: OSM-2017-0008; S1D1S SS08011000 SX064A000 
189A180110 S2D2S SS08011000 SX064A000 18XS501520]


Pennsylvania Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the 
Pennsylvania program under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA or the Act). Through this proposed amendment, 
Pennsylvania seeks to revise its Bituminous Mine Subsidence and Land 
Conversation Act to include language clarifying the circumstances where 
a finding of presumptive evidence of pollution is warranted under the 
Commonwealth's Clean Streams Law.
    This document gives the locations and times where the Pennsylvania 
program documents and this proposed amendment to that program are 
available for your inspection, establishes the comment period during 
which you may submit written comments on the amendment, and describes 
the procedures we will follow for the public hearing, if one is 
requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), April 11, 2018. If requested, we 
will hold a public hearing on the amendment on April 6, 2018. We will 
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on March 
27, 2018.

ADDRESSES: You may submit comments, identified by SATS No. PA-166-FOR; 
Docket ID: OSM-2017-0008 by any of the following methods:
     Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, Office of Surface Mining Reclamation and Enforcement, 3 
Parkway Center, Pittsburgh, PA 15220.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name and 
docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: In addition to obtaining copies of documents at 
www.regulations.gov, you may receive one free copy of the amendment by 
contacting OSMRE's Pittsburgh Field Division. To access the docket to 
review copies of the Pennsylvania program, this amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document, you may visit the address listed below 
during normal business hours, Monday through Friday, excluding 
holidays.
    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: bowens@osmre.gov.
    Thomas Callaghan, P. G., Director, Bureau of Mining and 
Reclamation, Pennsylvania Department of Environmental Protection, 
Rachel Carson State Office Building, P.O. Box 8461, Harrisburg, PA 
17105-8461, Telephone: (717) 787-5015, E-Mail: tcallaghan@pa.gov.

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: 
bowens@osmre.gov.

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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, effective July 31, 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, at 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.

II. Description of the Proposed Amendment

    By letter dated August 4, 2017 (Administrative Record No. PA 
899.00), Pennsylvania sent us an amendment to its program under SMCRA 
(30 U.S.C. 1201 et seq.). The Pennsylvania General Assembly recently 
amended the BMSLCA to include language clarifying the circumstances 
where a finding of presumptive evidence of pollution is warranted under 
the Commonwealth's Clean Streams Law.
    A. By way of State Bill 624, Pennsylvania proposes additional 
language to the BMSLCA, Section 5 (i) that states:

    In a permit application to conduct bituminous coal mining 
operations, subject to this act, planned subsidence in a predictable 
and controlled manner which is not predicted to result in the 
permanent disruption of premining existing or designated uses of 
surface waters of the Commonwealth shall not be considered 
presumptive evidence that the proposed bituminous coal mining 
operations have the potential to cause pollution as defined in 
section 1 of the act of June 22, 1937 (P.L. 1987, No. 394), known as 
`The Clean Streams Law.

    B. Further, Pennsylvania proposes additional language to BMSLCA, 
Section 5 (j) as follows:

    The provisions of subsection (i) shall only apply if: (1) A 
person submits an application to conduct bituminous mining 
operations subject to this act to the department that provides for 
the restoration of the premining range of flows and restoration of 
premining biological communities in any waters of this Commonwealth 
predicted to be adversely affected by subsidence. The restoration 
shall be consistent with the premining existing and designated uses 
of the waters of this Commonwealth; and (2) the application is 
approved by the department.

[[Page 10648]]

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
March 27, 2018. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak, and others present 
in the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 15, 2017.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2018-04911 Filed 3-9-18; 8:45 am]
 BILLING CODE 4310-05-P

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.

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Document Created: 2018-11-01 08:51:21
Document Modified: 2018-11-01 08:51:21

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; public comment period and opportunity for public hearing on proposed amendment.
Dates		We will accept written comments on this amendment until 4:00 p.m., Eastern Standard Time (e.s.t.), April 11, 2018. If requested, we will hold a public hearing on the amendment on April 6, 2018. We will accept requests to speak at a hearing until 4:00 p.m., e.s.t. on March 27, 2018.
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]
FR Citation		83 FR 10647
CFR Associated		Intergovernmental Relations; Surface Mining and Underground Mining

83 FR 10647 - Pennsylvania Regulatory Program

DEPARTMENT OF INTERIOROffice of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 48 (March 12, 2018)

DEPARTMENT OF INTERIOR
Office of Surface Mining Reclamation and Enforcement