83 FR 20774 - Pennsylvania Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 89 (May 8, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 89 (May 8, 2018)
| Page Range | 20774-20775 | |
| FR Document | 2018-09767 |
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)] [Proposed Rules] [Pages 20774-20775] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09767] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 938 [PA-166-FOR; Docket ID: OSM-2017-0008 S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Pennsylvania Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSMRE), Interior. ACTION: Proposed rule; reopening of the public comment period and notice of public hearing. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period and will be holding a public hearing on the proposed amendment to the Commonwealth of Pennsylvania's approved regulatory program (the Pennsylvania program) published on March 12, 2018. The comment period is being reopened in order to afford the public additional time to comment and to allow for a public hearing. Approximately sixty citizens asked to both extend the comment period and for a public hearing. We are also notifying the public of the date, time, and location for the public hearing. Through this proposed amendment, Pennsylvania seeks to revise its Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) to include language clarifying the circumstances where a finding of presumptive evidence of pollution is not warranted under the Commonwealth's Clean Streams Law. DATES: We will accept written comments until 4 p.m., Eastern Standard Time (EST), June 7, 2018. The public hearing will be held on May 1, [[Page 20775]] 2018, from 5:30 p.m. until 7:30 p.m. EST. ADDRESSES: You may submit comments, identified by ``PA-166-FOR; Docket ID: OSM-2017-0008'', by either of the following two methods:Federal eRulemaking Portal: http://www.regulations.gov. The proposed rule has been assigned Docket ID: OSM-2017-0008. If you would like to submit comments through the Federal eRulemaking Portal, go to http://www.regulations.gov and follow the instructions. Mail/Hand Delivery/Courier: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Three Parkway Center, Second Floor, Pittsburgh, PA 15220. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see III. Public Comment Procedures in the SUPPLEMENTARY INFORMATION section of the proposed rule published on March 12, 2018. Public Hearing: The public hearing will be held at the Double Tree by Hilton Pittsburgh-Green Tree, 500 Mansfield Avenue, Pittsburgh, Pennsylvania 15205; phone number: 412-922-8400, on Tuesday, May 1, 2018, from 5:30 p.m. to 7:30 p.m. EST. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m. Docket: For access to the docket to review copies of the Pennsylvania regulations, the relevant amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE's Pittsburgh Field Division; or the full text of the program amendment is available at www.regulations.gov. In addition, you may review a copy of the amendment during regular business hours at one of the following locations: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Appalachian Regional Office, 3 Parkway Center, Second Floor, Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: [email protected]. Mr. William Allen, Chief, Permitting and Compliance, 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) 783-9580, E-Mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field Division, Telephone: (412) 937-2827. Email: [email protected]. SUPPLEMENTARY INFORMATION: On March 12, 2018, we published a proposed rule that would revise the Pennsylvania program. 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 not 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 (Pub. 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.'' During the initial comment period, (Administrative Record Number PA 899.05), we received multiple citizen requests to extend the comment period and to hold a public hearing on the amendment. We are reopening the public comment period to afford the public more time to comment on the amendment and to allow enough time to schedule and hold the hearing. The date, time and location for the public hearing may be found under DATES and ADDRESSES. The hearing will be open to anyone who would like to attend and/or testify. The primary purpose of the public hearing is to obtain your comments on the proposed rule so that we can prepare a complete and objective analysis of the proposal. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m. at the hearing location. Other attendees are not required to register. Written testimony will also be accepted. The hearing officer will conduct the hearing and receive the comments submitted. Comments submitted during the hearing will be responded to in the preamble to the final rule, not at the hearing. We appreciate all comments, but those most useful and likely to influence decisions on the final rule will be those that either involve personal experience or include citations to, and analyses of, the Surface Mining Control and Reclamation Act of 1977, its legislative history, its implementing regulations, case law, other State or Federal laws and regulations, data, technical literature, or relevant publications. At the hearing, a court reporter will record and make a written record of the statements presented. This written record will be made part of the administrative record for the rule. If you have a written copy of your testimony, we encourage you to give us a copy. It will assist the court reporter in preparing the written record. Any disabled individual who needs reasonable accommodation to attend the public hearing is encouraged to contact the person listed under FOR FURTHER INFORMATION CONTACT. Dated: April 5, 2018. Thomas D. Shope, Regional Director, Appalachian Region . [FR Doc. 2018-09767 Filed 5-7-18; 8:45 am] BILLING CODE 4310-05-P
![20774 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules
Montana now proposes adding a new Public Hearing approved in part, or not approved. At
ARM 17.24.905, which specifies that the If you wish to speak at the public that time, we will also make the
ARMs pertaining to air pollution control hearing, contact the person listed under determinations and certifications
plans, monitoring for settlement of FOR FURTHER INFORMATION CONTACT by required by the various laws and
regraded areas, augering and remining 4:00 p.m., m.d.t. on May 23, 2018. If you executive orders governing the
do not apply to in situ coal gasification. are disabled and need reasonable rulemaking process and include them in
Montana also proposes ministerial accommodations to attend a public the final rule.
changes to ARM 17.24.902 and ARM hearing, contact the person listed under List of Subjects in 30 CFR Part 926
17.24.903 that reflect these exemptions. FOR FURTHER INFORMATION CONTACT. We
Finally, Montana proposes to allow the will arrange the location and time of the Intergovernmental relations, Surface
regulatory authority to apply other hearing with those persons requesting mining, Underground mining.
rules, which are not routinely applied to the hearing. If no one requests an Dated: April 18, 2018.
all in situ operations, on a mine-specific opportunity to speak, we will not hold David Berry,
basis. a hearing. Regional Director, Western Region.
The full text of the program To assist the transcriber and ensure an [FR Doc. 2018–09768 Filed 5–7–18; 8:45 am]
amendment is available for you to read accurate record, we request, if possible, BILLING CODE 4310–05–P
at the locations listed above under that each person who speaks at the
ADDRESSES or at www.regulations.gov. public hearing provide us with a written
copy of his or her comments. The public DEPARTMENT OF THE INTERIOR
III. Public Comment Procedures hearing will continue on the specified
date until everyone scheduled to speak Office of Surface Mining Reclamation
Under the provisions of 30 CFR has been given an opportunity to be and Enforcement
732.17(h), we are seeking your heard. If you are in the audience and
comments on whether the amendment have not been scheduled to speak and 30 CFR Part 938
satisfies the applicable program wish to do so, you will be allowed to
approval criteria of 30 CFR 732.15. If we speak after those who have been [PA–166–FOR; Docket ID: OSM–2017–0008
approve the amendment, it will become scheduled. We will end the hearing after S1D1S SS08011000 SX064A000
part of the Montana program. 189S180110; S2D2S SS08011000
everyone scheduled to speak and others SX064A000 18XS501520]
Electronic or Written Comments present in the audience who wish to
speak, have been heard. Pennsylvania Regulatory Program
If you submit written or electronic
Public Meeting AGENCY: Office of Surface Mining
comments on the proposed rule during
the 30-day comment period, they should If only one person requests an Reclamation and Enforcement (OSMRE),
be specific, confined to issues pertinent opportunity to speak, we may hold a Interior.
to the proposed regulations, and explain public meeting rather than a public ACTION: Proposed rule; reopening of the
the reason for any recommended hearing. If you wish to meet with us to public comment period and notice of
change(s). We appreciate any and all discuss the amendment, please request public hearing.
comments, but those most useful and a meeting by contacting the person
likely to influence decisions on the final listed under FOR FURTHER INFORMATION SUMMARY: We, the Office of Surface
regulations will be those that either CONTACT. All such meetings are open to Mining Reclamation and Enforcement
involve personal experience or include the public and, if possible, we will post (OSMRE), are reopening the public
citations to and analyses of SMCRA, its notices of meetings at the locations comment period and will be holding a
legislative history, its implementing listed under ADDRESSES. We will make public hearing on the proposed
regulations, case law, other pertinent a written summary of each meeting a amendment to the Commonwealth of
state or federal laws or regulations, part of the administrative record. Pennsylvania’s approved regulatory
technical literature, or other relevant program (the Pennsylvania program)
IV. Procedural Determinations published on March 12, 2018. The
publications.
Executive Order 12866—Regulatory comment period is being reopened in
We cannot ensure that comments Planning and Review order to afford the public additional
received after the close of the comment time to comment and to allow for a
period (see DATES) or sent to an address This rulemaking is exempted from
review by the Office of Management and public hearing. Approximately sixty
other than those listed (see ADDRESSES) citizens asked to both extend the
will be included in the docket for this Budget (OMB) under Executive Order
12866. comment period and for a public
rulemaking and considered. hearing. We are also notifying the public
Other Laws and Executive Orders of the date, time, and location for the
Public Availability of Comments
Affecting Rulemaking public hearing. Through this proposed
Before including your address, phone When a state submits a program amendment, Pennsylvania seeks to
number, email address, or other amendment to OSMRE for review, our revise its Bituminous Mine Subsidence
personal identifying information in your regulations at 30 CFR 732.17(h) require and Land Conservation Act (BMSLCA)
comment, you should be aware that us to publish a notice in the Federal to include language clarifying the
sradovich on DSK3GMQ082PROD with PROPOSALS
your entire comment including your Register indicating receipt of the circumstances where a finding of
personal identifying information, may proposed amendment, its text or a presumptive evidence of pollution is
be made publicly available at any time. summary of its terms, and an not warranted under the
While you can ask us in your comment opportunity for public comment. We Commonwealth’s Clean Streams Law.
to withhold your personal identifying conclude our review of the proposed DATES: We will accept written
information from public review, we amendment after the close of the public comments until 4 p.m., Eastern
cannot guarantee that we will be able to comment period and determine whether Standard Time (EST), June 7, 2018. The
do so. the amendment should be approved, public hearing will be held on May 1,
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![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules 20775
2018, from 5:30 p.m. until 7:30 p.m. FOR FURTHER INFORMATION CONTACT: Mr. The primary purpose of the public
EST. Ben Owens, Chief, Pittsburgh Field hearing is to obtain your comments on
ADDRESSES: You may submit comments, Division, Telephone: (412) 937–2827. the proposed rule so that we can
identified by ‘‘PA–166–FOR; Docket ID: Email: bowens@osmre.gov. prepare a complete and objective
OSM–2017–0008’’, by either of the SUPPLEMENTARY INFORMATION: On March analysis of the proposal. Those wishing
following two methods: 12, 2018, we published a proposed rule to provide oral testimony need to
• Federal eRulemaking Portal: http:// that would revise the Pennsylvania register between 5:00 p.m. and 5:30 p.m.
www.regulations.gov. The proposed rule program. By letter dated August 4, 2017 at the hearing location. Other attendees
has been assigned Docket ID: OSM– (Administrative Record No. PA 899.00), are not required to register. Written
2017–0008. If you would like to submit Pennsylvania sent us an amendment to testimony will also be accepted. The
comments through the Federal its program under SMCRA (30 U.S.C. hearing officer will conduct the hearing
eRulemaking Portal, go to http:// 1201 et seq.). The Pennsylvania General and receive the comments submitted.
www.regulations.gov and follow the Assembly recently amended the Comments submitted during the hearing
instructions. BMSLCA to include language clarifying will be responded to in the preamble to
• Mail/Hand Delivery/Courier: Mr. the circumstances where a finding of the final rule, not at the hearing. We
Ben Owens, Chief, Pittsburgh Field presumptive evidence of pollution is appreciate all comments, but those most
Division, Office of Surface Mining not warranted under the useful and likely to influence decisions
Reclamation and Enforcement, Three Commonwealth’s Clean Streams Law. on the final rule will be those that either
Parkway Center, Second Floor, A. By way of State Bill 624, involve personal experience or include
Pittsburgh, PA 15220. Pennsylvania proposes additional citations to, and analyses of, the Surface
Instructions: For detailed instructions language to the BMSLCA, Section 5(i) Mining Control and Reclamation Act of
on submitting comments and additional that states: ‘‘In a permit application to 1977, its legislative history, its
information on the rulemaking process, conduct bituminous coal mining implementing regulations, case law,
see III. Public Comment Procedures in operations, subject to this act, planned other State or Federal laws and
the SUPPLEMENTARY INFORMATION section subsidence in a predictable and regulations, data, technical literature, or
of the proposed rule published on controlled manner which is not relevant publications.
March 12, 2018. predicted to result in the permanent At the hearing, a court reporter will
Public Hearing: The public hearing disruption of premining existing or record and make a written record of the
will be held at the Double Tree by designated uses of surface waters of the statements presented. This written
Hilton Pittsburgh-Green Tree, 500 Commonwealth shall not be considered record will be made part of the
Mansfield Avenue, Pittsburgh, presumptive evidence that the proposed administrative record for the rule. If you
Pennsylvania 15205; phone number: bituminous coal mining operations have have a written copy of your testimony,
412–922–8400, on Tuesday, May 1, the potential to cause pollution as we encourage you to give us a copy. It
2018, from 5:30 p.m. to 7:30 p.m. EST. defined in section 1 of the act of June will assist the court reporter in
Those wishing to provide oral testimony 22, 1937 (Pub. L. 1987, No. 394), known preparing the written record. Any
need to register between 5:00 p.m. and as ‘‘The Clean Streams Law’’. disabled individual who needs
5:30 p.m. B. Further, Pennsylvania proposes reasonable accommodation to attend the
Docket: For access to the docket to additional language to BMSLCA, public hearing is encouraged to contact
review copies of the Pennsylvania Section 5(j) as follows: ‘‘The provisions the person listed under FOR FURTHER
regulations, the relevant amendment, a of subsection (i) shall only apply if: (1) INFORMATION CONTACT.
listing of any scheduled public hearings, A person submits an application to
and all written comments received in conduct bituminous mining operations Dated: April 5, 2018.
response to this document, you must go subject to this act to the department that Thomas D. Shope,
to the address listed below during provides for the restoration of the Regional Director, Appalachian Region .
normal business hours, Monday through premining range of flows and [FR Doc. 2018–09767 Filed 5–7–18; 8:45 am]
Friday, excluding holidays. You may restoration of premining biological BILLING CODE 4310–05–P
receive one free copy of the amendment communities in any waters of this
by contacting OSMRE’s Pittsburgh Field Commonwealth predicted to be
Division; or the full text of the program adversely affected by subsidence. The
ENVIRONMENTAL PROTECTION
amendment is available at restoration shall be consistent with the
www.regulations.gov. AGENCY
premining existing and designated uses
In addition, you may review a copy of of the waters of this Commonwealth; 40 CFR Part 49
the amendment during regular business and (2) the application is approved by
hours at one of the following locations: the department.’’ [EPA–HQ–OAR–2014–0606; FRL–9977–68–
Mr. Ben Owens, Chief, Pittsburgh During the initial comment period, OAR]
Field Division, Office of Surface Mining (Administrative Record Number PA
Reclamation and Enforcement, 899.05), we received multiple citizen RIN 2060–AT96
Appalachian Regional Office, 3 Parkway requests to extend the comment period
Center, Second Floor, Pittsburgh, PA Amendments to Federal
and to hold a public hearing on the
15220, Telephone: (412) 937–2827, Implementation Plan for Managing Air
amendment. We are reopening the
Email: bowens@osmre.gov. public comment period to afford the Emissions From True Minor Sources in
sradovich on DSK3GMQ082PROD with PROPOSALS
Mr. William Allen, Chief, Permitting public more time to comment on the Indian Country in the Oil and Natural
and Compliance, Bureau of Mining and amendment and to allow enough time to Gas Production and Natural Gas
Reclamation, Pennsylvania Department schedule and hold the hearing. The Processing Segments of the Oil and
of Environmental Protection, Rachel date, time and location for the public Natural Gas Sector
Carson State Office Building, P.O. Box hearing may be found under DATES and AGENCY: Environmental Protection
8461, Harrisburg, PA 17105–8461, ADDRESSES. Agency (EPA).
Telephone: (717) 783–9580, E-Mail: The hearing will be open to anyone
ACTION: Proposed rule.
wallen@pa.gov. who would like to attend and/or testify.
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Document Created: 2018-05-08 01:32:02
Document Modified: 2018-05-08 01:32:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of the public comment period and notice of public hearing. | |
| Dates | We will accept written comments until 4 p.m., Eastern Standard Time (EST), June 7, 2018. The public hearing will be held on May 1, 2018, from 5:30 p.m. until 7:30 p.m. EST. | |
| Contact | Mr. Ben Owens, Chief, Pittsburgh Field Division, Telephone: (412) 937-2827. Email: [email protected] | |
| FR Citation | 83 FR 20774 |
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