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)

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.

[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