Pennsylvania Regulatory Program, 56619-56623 [E7-19661]
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Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations
On
September 18, 2007 (72 FR 53108), we
published a final rule AD, FR Doc. E7–
18324, in the Federal Register. That AD
applies to Rolls-Royce plc RB211 Trent
500 series turbofan engines. We need to
make the following corrections:
errors that may prove to be misleading
and are in need of clarification.
§ 39.13
PART 1—INCOME TAXES
SUPPLEMENTARY INFORMATION:
[Corrected]
On page 53109, in the second column,
in the FAA’s Determination and
Requirements of This AD paragraph, in
the 22nd line, ‘‘2,190 cycles-since-new’’
is corrected to read ‘‘2,910 cycles-sincenew’’.
I On page 53110, in the second column,
in paragraph (e)(1), in the 7th line,
‘‘2,190 cycles-since-new’’ is corrected to
read ‘‘2,910 cycles-since-new’’.
I
Issued in Burlington, Massachusetts, on
September 28, 2007.
Francis A. Favara,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. E7–19610 Filed 10–3–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Office of Surface Mining Reclamation
and Enforcement
Income taxes, Reporting and
recordkeeping requirements.
30 CFR Part 938
[PA–149–FOR]
Pennsylvania Regulatory Program
Correction of Publication
Authority: 26 U.S.C. 7805 * * *
§ 1.6411–2
[TD 9355]
RIN 1545–BF66
Clarification of Section 6411
Regulations; Correcting Amendment
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
[Corrected]
I Par. 2. Section § 1.6411–2(b), fourth
sentence is amended by removing the
language ‘‘District director’’ in the
second column of the chart and adding
the language ‘‘district director’’ in its
place.
[Corrected]
I Par. 4. Section § 1.6411–3(b), second
sentence is amended by removing the
language ‘‘he’’ in the second column of
the chart and adding the language ‘‘He’’
in its place.
I Par. 5. Section § 1.6411–3(b), fifth
sentence is amended by removing the
language ‘‘May’’ in the third column of
the chart and adding the language
‘‘may’’ in its place.
This document contains
corrections to final and temporary
regulations that were published in the
Federal Register on Monday, August 27,
2007 (72 FR 48933) clarifying that for
purposes of allowing a tentative
adjustment, the IRS may credit or
reduce the tentative adjustment by an
assessed tax liability.
DATES: This correction is effective
October 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Cynthia McGreevy at (202) 622–4910
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
I Par. 6. Section § 1.6411–3(d)(2), fifth
sentence is amended by removing the
language ‘‘The Commissioner’’ in the
third column of the chart and adding
the language ‘‘the Commissioner’’ in its
place.
Background
The final and temporary regulations
(TD 9355) that are the subject of these
corrections are under section 6411 of
the Internal Revenue Code.
BILLING CODE 4830–01–P
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SUMMARY:
La Nita Van Dyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Office of
Associate Chief Counsel (Procedure and
Administration).
[FR Doc. E7–19572 Filed 10–3–07; 8:45 am]
Need for Correction
As published, these final and
temporary regulations (TD 9355) contain
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Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
Accordingly, the final and temporary
regulations (TD 9355) that are the
subject of FR. Doc. E7–16878 are
corrected as follows:
I Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
I Par. 3. Section § 1.6411–3(b), first
sentence is amended by removing the
language ‘‘Deemed’’ in the third column
of the chart and adding the language
‘‘deemed’’ in its place.
26 CFR Part 1
DEPARTMENT OF THE INTERIOR
List of Subjects in 26 CFR Part 1
§ 1.6411–3
Internal Revenue Service
56619
SUMMARY: We are approving an
amendment to the Pennsylvania
regulatory program (the ‘‘Pennsylvania
program’’) regulations under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). The
amendment adds new section 25
Pennsylvania Code (PA Code) 86.6
which provides for the exemption from
the permitting requirements of 25 PA
Code Chapters 87 and 88, relating to
surface mining of coal, when extraction
of coal is incidental to governmentfinanced construction or governmentfinanced reclamation projects and
specified requirements are met.
DATES: Effective Date: October 4, 2007.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Chief, Pittsburgh Field
Division, Telephone: (717) 782–4036,
e-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’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, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of the Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to the Act.’’ 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 background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
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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.
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II. Submission of the Amendment
By letter dated December 18, 2006,
the Pennsylvania Department of
Environmental Protection (PADEP) sent
us an amendment to revise its program
regulations at 25 Pennsylvania Code
(Administrative Record No. PA 891.00)
under SMCRA (30 U.S.C. 1201 et seq.).
The revisions that Pennsylvania
proposed at its own initiative concern
program changes to address the
exemption of permitting requirements
when the extraction of coal is incidental
to government-financed construction or
government-financed reclamation
projects.
We announced receipt of the
proposed amendment in the February 6,
2007, Federal Register (72 FR 5380). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the amendment’s adequacy
(Administrative Record No. PA 891.03).
The public comment period ended on
March 8, 2007. We did not hold a public
hearing or meeting because no one
requested one. We did not receive any
public comments. We received written
comments from three Federal agencies:
Mine Safety and Health Administration,
District 1 (Administrative Record No.
891.04); Mine Safety and Health
Administration, District 2
(Administrative Record No. 891.02); and
Environmental Protection Agency
(Administrative Record No. 891.05).
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment which
amends Chapter 86 of the Pennsylvania
Code by adding the subsection 86.6,
Extraction of coal incidental to
government-financed construction or
government-financed reclamation. Any
revisions that we do not specifically
discuss below concern nonsubstantive
wording, editorial, or re-numbering of
section changes and are approved here
without discussion.
The Federal regulations regarding
government-financed construction
contracts are found at: (1) 30 CFR part
707, Exemption for Coal Extraction
Incident to Government-Financed
Highway or Other Construction. This
part establishes the procedures for
determining those surface coal mining
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and reclamation operations which are
exempt from permitting requirements
because the extraction of coal is an
incidental part of Federal, State, or local
government-financed highway or other
construction and meets specified
criteria that ensure that the construction
is government-financed and that the
extraction of coal is incidental to it; and
(2) 30 CFR 874.17, Abandoned Mine
Land agency procedures for reclamation
projects receiving less than 50%
government financing. This section sets
forth the requirements for the AML
agency when considering an abandoned
mine land reclamation project as
government-financed construction
under 30 CFR part 707. This section
only applies if the level of funding for
the construction will be less than 50%
of the total cost because of planned coal
extraction. Pennsylvania had previously
adopted the provisions of 30 CFR part
874 in prior rulemaking. This
amendment concerns the provisions of
30 CFR part 707.
This amendment concerns the
exemption from the permitting
requirements of 25 Pa Code Chapters 87
and 88 when the extraction of coal is
incidental to government-financed
construction contracts or governmentfinanced abandoned mine land
reclamation projects. Pennsylvania has
added a new section, 25 Pa Code 86.6,
to address the definitions, eligibility
requirements (applicability) for
exemption, and information to be
maintained on-site. With a few
exceptions, this new section contains
language that mirrors the Federal
definitions, eligibility requirements, etc.
provided at 30 CFR part 707. The
specific sections and findings are
provided below.
25 Pa Code 86.6(a)(1) provides that
the PADEP be provided an opportunity
to provide comments to the government
entity financing the construction or
reclamation during the site selection
process and prior to development of
final construction plans regarding the
potential environmental impacts of the
project. There is no Federal counterpart
to this requirement. However, this
change requires additional coordination
to assure that environmental impacts are
considered. Therefore, we find that the
addition of 25 Pa Code 86.6(a)(1) does
not render the Pennsylvania program
inconsistent with SMCRA or the Federal
regulations and can be approved.
25 Pa Code 86.6(a)(2) provides for the
eligibility limits of the extraction of coal
as it pertains to the right-of-way for
roads, utility lines, or other similar
construction. This is consistent with the
Federal regulations at 707.5, Definitions.
However, there is no mention that any
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extraction outside of the right-of-way or
boundary of the area is subject to the
requirements of the Act as mentioned in
the Federal regulations at 707.5. One
can deduce that once it is determined
that the exemption criteria cannot be
met, the exemption does not apply and
the applicability of this chapter does not
exist. Therefore, we find that the
addition of 25 Pa Code 86.6(a)(2) is no
less stringent than SMCRA and no less
effective than the Federal regulations
and can be approved.
25 Pa Code 86.6(a)(3) and (a)(4)
provide the cost sharing requirements
necessary for the construction project or
reclamation to be eligible for
consideration under this subchapter.
The language provides that the
construction or reclamation be funded
by a unit of government and it be
funded 50% or more by funds
appropriated from the government
unit’s budget or obtained from general
revenue bonds. Funding at less than
50% may qualify if the construction is
undertaken as a Department-approved
reclamation contract or project.
There is no mention of the
requirement for the project to meet the
eligibility requirements of Title IV of
SMCRA. However, the Pennsylvania
statute [PA SMCRA Section 4.8(c)(1)]
makes specific reference to abandoned
mine land reclamation eligibility as a
condition to secure special
authorization under this section and the
regulations must be read in the context
of the authorizing statute, as it serves to
limit the application of 86.6(a)(4) to
abandoned mine land reclamation.
Furthermore, the AML plan as amended
in 1999 includes provisions requiring
coordination between the AML and
Title V Agency and an authorization
which includes the requirement that the
project be an abandoned mine land
reclamation project. Because the AML
eligibility requirement is provided in
the statute and in the AML plan, we find
that the addition of 25 Pa Code
86.6(a)(3) and (4) is no less stringent
than SMCRA and no less effective than
the Federal regulations and can be
approved.
25 Pa Code 86.6(a)(5) and (a)(6)
provide that the construction be
performed under a bond, contract and
specifications that substantially provide
for and require protection of the
environment, reclamation of the affected
area, and handling of excavated
materials in a manner consistent with
the acts and regulations implementing
the acts. In addition, it provides that the
Department approve the standards and
specifications for protection of the
environment that will apply to the
project when potential adverse
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environmental impacts have been
identified. There is no Federal
counterpart to this requirement.
However, these requirements provide
additional assurance that reclamation
will be performed in a satisfactory
manner. Therefore, we find that the
addition of 25 Pa Code 86.6(a)(5) and
(a)(6) do not render the Pennsylvania
program inconsistent with SMCRA or
the Federal regulations and can be
approved.
25 Pa Code 86.6(b) provides that
construction funded through
government financing agency
guarantees, insurance, loans, funds
obtained through industrial revenue
bonds or their equivalent or in-kind
payments does not qualify as
government-financed construction. This
is consistent with the Federal
regulations at 30 CFR 707.5, Definitions.
We find that the addition of 25 Pa Code
86.6(b) is no less stringent than SMCRA
and no less effective than the Federal
regulations and can be approved.
25 Pa Code 86.6(c) provides that
documentation must be available for
inspection on-site when a person
extracting coal incidental to
government-financed construction or
government-financed reclamation
extracts more than 250 tons of coal or
affects more than 2 acres. The required
documentation is provided in
subsections 86.6(c)(1) through (c)(4).
Subsections 86.6(c)(1) through (c)(3) are
consistent with the Federal regulations
at 30 CFR 707.12(a), (b), and (c).
Therefore, we find that addition of 25 Pa
Code 86.6(c)(1) through (c)(3) is no less
stringent than SMCRA and no less
effective than the Federal regulations
and can be approved.
There is no Federal counterpart for
subsection 86.6(c)(4), which requires
that when an area is wholly or partially
within an area designated unsuitable for
mining by the Environmental Quality
Board under 86.130, a copy of the
detailed report required by subsection
86.124(e) relating to procedures (initial
processing, recordkeeping and
notification requirements) must be
maintained on the site and made
available for inspection. The change
reflects an additional information
requirement and therefore, we find that
the addition of 25 Pa Code 86.6(c)(4)
does not render the Pennsylvania
program inconsistent with SMCRA or
the Federal regulations and can be
approved.
25 Pa Code 86.6(d) provides that
government-financed construction
projects and government-financed
reclamation must comply with Chapters
91–96, 102 and 105. The reference
requires that the project and reclamation
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comply with the State regulations
pertaining to water quality, National
Pollutant Discharge Elimination System,
sediment control, waste management,
and dam safety. There is no Federal
counterpart for subsection 86.6(d). The
Pennsylvania regulations require
compliance with other environmental
standards and, therefore, we find that
the addition of 25 Pa Code 86.6(d) does
not render the Pennsylvania program
inconsistent with SMCRA or the Federal
regulations and can be approved.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment through the Federal
Register Notice dated February 6, 2007,
(72 FR 5380) (Administrative Record
No. PA 891.03). We did not receive any
comments from the public.
Federal Agency Comments
Under Federal regulations at 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
(Administrative Record No. PA 891.01).
The Mine Safety and Health
Administration (MSHA), District 1,
responded (Administrative Record No.
PA 891.04) and stated that it did not
have any comments or concerns
regarding this request. The Mine Safety
and Health Administration (MSHA),
District 2, responded (Administrative
Record No. PA 891.02) and stated that
in the case of government-financed
construction or other governmentfinanced reclamation projects, MSHA
reserves the right to assess each project
where the extraction of coal is
incidental to the project, to determine
jurisdictional standing.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under Federal regulations at 30 CFR
732.17(h)(11)(i) and (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.
On December 20, 2006, we requested
comments on the amendment from EPA
(Administrative Record No. PA 891.01).
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56621
The EPA, Region III, responded
(Administrative Record No. 891.05) and
stated that it did not identify any
inconsistencies with the Clean Water
Act or any other statutes or regulations
under its jurisdiction.
V. OSM’s Decision
Based on the above findings, we
approve the amendment Pennsylvania
sent to us on December 18, 2006. We are
approving the changes to the
Pennsylvania program at 25 Pa. Code
86.6.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 938, which codify decisions
concerning the Pennsylvania program.
We find that good cause exists under 5
U.S.C. 553(d)(3) to make this final rule
effective immediately. 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. Making this regulation
effective immediately will expedite that
process. 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 regulations.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted 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, to the extent
allowable by law, 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
OSM. 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
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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
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. 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 Federallyrecognized 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
program involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 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
Section 702(d) of SMCRA (30 U.S.C.
1292(d)) provides that a decision on a
proposed State regulatory program
provision does not constitute a major
Federal action within the meaning of
Section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C.
4332(2)(c)). A determination has been
made that such decisions are
categorically excluded from the NEPA
process (516 DM 8.4.A).
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
amendment that is the subject of this
rule is based on 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.
Accordingly, this rule will ensure that
existing requirements previously
promulgated by OSM will be
implemented by the State. 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, geographic
regions, or Federal, State, or local
government agencies; 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 fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose a cost of
$100 million or more in any given year
on any governmental entity or the
private sector.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 30, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian
Region.
For the reasons set out in the
preamble, 30 CFR part 938 is amended
as set forth below:
I
PART 938—PENNSYLVANIA
1. The authority citation for part 938
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 938.15 is amended by
adding a new entry in the table in
chronological order by ‘‘Date of final
publication’’ to read as follows:
I
§ 938.15 Approval of Pennsylvania
regulatory program amendments.
*
*
*
Date of final publication
*
*
*
December 18, 2006 .........................................................
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Original amendment submission date
*
*
*
October 4, 2007 ...............................................................
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*
*
Citation/description
04OCR1
*
25 Pa. Code 86.6 [add].
Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations
[FR Doc. E7–19661 Filed 10–3–07; 8:45 am]
BILLING CODE 4310–05–P
the public that the rule will not take
effect.
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–0835, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: Lesane.Heidi@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2007–
0835’’, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Heidi
Lesane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2007–
0835’’. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0835–200740(a);
FRL–8475–4]
Approval of Implementation Plans of
Kentucky: Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: EPA is approving a revision to
the Kentucky State Implementation Plan
(SIP) submitted on July 19, 2007. This
revision addresses the requirements of
EPA’s Clean Air Interstate Rule (CAIR),
promulgated on May 12, 2005 and
subsequently revised on April 28, 2006,
and December 13, 2006. EPA has
determined that the SIP revision fully
implements the CAIR requirements for
Kentucky. Therefore, as a consequence
of the SIP approval, EPA will also
withdraw the CAIR Federal
Implementation Plans (FIPs) concerning
sulfur dioxide (SO2), nitrogen oxides
(NOX) annual, and NOX ozone season
emissions for Kentucky. The CAIR FIPs
for all States in the CAIR region were
promulgated on April 28, 2006, and
subsequently revised on December 13,
2006.
CAIR requires States to reduce
emissions of SO2 and NOX that
significantly contribute to, and interfere
with maintenance of, the national
ambient air quality standards for fine
particulates and/or ozone in any
downwind state. CAIR establishes State
budgets for SO2 and NOX and requires
States to submit SIP revisions that
implement these budgets in States that
EPA concluded did contribute to
nonattainment in downwind states.
States have the flexibility to choose
which control measures to adopt to
achieve the budgets, including
participating in the EPA-administered
cap-and-trade programs. In the SIP
revision that EPA is approving,
Kentucky would meet CAIR
requirements by participating in the
EPA-administered cap-and-trade
programs addressing SO2, NOX annual,
and NOX ozone season emissions.
DATES: This direct final rule is effective
December 3, 2007 without further
notice, unless EPA receives adverse
comment by November 5, 2007. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
VerDate Aug<31>2005
16:13 Oct 03, 2007
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Frm 00007
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56623
Electronic files should avoid the use of
special characters and any form of
encryption and should be free of any
defects or viruses. For additional
information about EPA’s public docket
visit the EPA Docket Center homepage
at https://www.epa.gov/epahome/
dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning today’s
action, please contact Heidi LeSane,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9074.
Mrs. LeSane can also be reached via
electronic mail at
LeSane.Heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR
and the CAIR FIPs?
III. What Are the General Requirements of
CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP
Submittals?
V. Analysis of Kentucky’s CAIR SIP
Submittal
A. State Budgets for Allowance Allocations
B. CAIR Cap-and-Trade Programs
C. Applicability Provisions for non-EGU
NOX SIP Call Sources
D. NOX Allowance Allocations
E. Allocation of NOX Allowances From the
Compliance Supplement Pool
F. Individual Opt-In Units
VI. Final Action
VII. Statutory and Executive Order Reviews
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Rules and Regulations]
[Pages 56619-56623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19661]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-149-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the Pennsylvania regulatory
program (the ``Pennsylvania program'') regulations under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
amendment adds new section 25 Pennsylvania Code (PA Code) 86.6 which
provides for the exemption from the permitting requirements of 25 PA
Code Chapters 87 and 88, relating to surface mining of coal, when
extraction of coal is incidental to government-financed construction or
government-financed reclamation projects and specified requirements are
met.
DATES: Effective Date: October 4, 2007.
FOR FURTHER INFORMATION CONTACT: George Rieger, Chief, Pittsburgh Field
Division, Telephone: (717) 782-4036, e-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM'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, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' 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 background information on the Pennsylvania program, including
the Secretary's findings, the disposition of comments, and conditions
of
[[Page 56620]]
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.
II. Submission of the Amendment
By letter dated December 18, 2006, the Pennsylvania Department of
Environmental Protection (PADEP) sent us an amendment to revise its
program regulations at 25 Pennsylvania Code (Administrative Record No.
PA 891.00) under SMCRA (30 U.S.C. 1201 et seq.). The revisions that
Pennsylvania proposed at its own initiative concern program changes to
address the exemption of permitting requirements when the extraction of
coal is incidental to government-financed construction or government-
financed reclamation projects.
We announced receipt of the proposed amendment in the February 6,
2007, Federal Register (72 FR 5380). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy (Administrative Record
No. PA 891.03). The public comment period ended on March 8, 2007. We
did not hold a public hearing or meeting because no one requested one.
We did not receive any public comments. We received written comments
from three Federal agencies: Mine Safety and Health Administration,
District 1 (Administrative Record No. 891.04); Mine Safety and Health
Administration, District 2 (Administrative Record No. 891.02); and
Environmental Protection Agency (Administrative Record No. 891.05).
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment which amends Chapter 86 of the Pennsylvania
Code by adding the subsection 86.6, Extraction of coal incidental to
government-financed construction or government-financed reclamation.
Any revisions that we do not specifically discuss below concern
nonsubstantive wording, editorial, or re-numbering of section changes
and are approved here without discussion.
The Federal regulations regarding government-financed construction
contracts are found at: (1) 30 CFR part 707, Exemption for Coal
Extraction Incident to Government-Financed Highway or Other
Construction. This part establishes the procedures for determining
those surface coal mining and reclamation operations which are exempt
from permitting requirements because the extraction of coal is an
incidental part of Federal, State, or local government-financed highway
or other construction and meets specified criteria that ensure that the
construction is government-financed and that the extraction of coal is
incidental to it; and (2) 30 CFR 874.17, Abandoned Mine Land agency
procedures for reclamation projects receiving less than 50% government
financing. This section sets forth the requirements for the AML agency
when considering an abandoned mine land reclamation project as
government-financed construction under 30 CFR part 707. This section
only applies if the level of funding for the construction will be less
than 50% of the total cost because of planned coal extraction.
Pennsylvania had previously adopted the provisions of 30 CFR part 874
in prior rulemaking. This amendment concerns the provisions of 30 CFR
part 707.
This amendment concerns the exemption from the permitting
requirements of 25 Pa Code Chapters 87 and 88 when the extraction of
coal is incidental to government-financed construction contracts or
government-financed abandoned mine land reclamation projects.
Pennsylvania has added a new section, 25 Pa Code 86.6, to address the
definitions, eligibility requirements (applicability) for exemption,
and information to be maintained on-site. With a few exceptions, this
new section contains language that mirrors the Federal definitions,
eligibility requirements, etc. provided at 30 CFR part 707. The
specific sections and findings are provided below.
25 Pa Code 86.6(a)(1) provides that the PADEP be provided an
opportunity to provide comments to the government entity financing the
construction or reclamation during the site selection process and prior
to development of final construction plans regarding the potential
environmental impacts of the project. There is no Federal counterpart
to this requirement. However, this change requires additional
coordination to assure that environmental impacts are considered.
Therefore, we find that the addition of 25 Pa Code 86.6(a)(1) does not
render the Pennsylvania program inconsistent with SMCRA or the Federal
regulations and can be approved.
25 Pa Code 86.6(a)(2) provides for the eligibility limits of the
extraction of coal as it pertains to the right-of-way for roads,
utility lines, or other similar construction. This is consistent with
the Federal regulations at 707.5, Definitions. However, there is no
mention that any extraction outside of the right-of-way or boundary of
the area is subject to the requirements of the Act as mentioned in the
Federal regulations at 707.5. One can deduce that once it is determined
that the exemption criteria cannot be met, the exemption does not apply
and the applicability of this chapter does not exist. Therefore, we
find that the addition of 25 Pa Code 86.6(a)(2) is no less stringent
than SMCRA and no less effective than the Federal regulations and can
be approved.
25 Pa Code 86.6(a)(3) and (a)(4) provide the cost sharing
requirements necessary for the construction project or reclamation to
be eligible for consideration under this subchapter.
The language provides that the construction or reclamation be
funded by a unit of government and it be funded 50% or more by funds
appropriated from the government unit's budget or obtained from general
revenue bonds. Funding at less than 50% may qualify if the construction
is undertaken as a Department-approved reclamation contract or project.
There is no mention of the requirement for the project to meet the
eligibility requirements of Title IV of SMCRA. However, the
Pennsylvania statute [PA SMCRA Section 4.8(c)(1)] makes specific
reference to abandoned mine land reclamation eligibility as a condition
to secure special authorization under this section and the regulations
must be read in the context of the authorizing statute, as it serves to
limit the application of 86.6(a)(4) to abandoned mine land reclamation.
Furthermore, the AML plan as amended in 1999 includes provisions
requiring coordination between the AML and Title V Agency and an
authorization which includes the requirement that the project be an
abandoned mine land reclamation project. Because the AML eligibility
requirement is provided in the statute and in the AML plan, we find
that the addition of 25 Pa Code 86.6(a)(3) and (4) is no less stringent
than SMCRA and no less effective than the Federal regulations and can
be approved.
25 Pa Code 86.6(a)(5) and (a)(6) provide that the construction be
performed under a bond, contract and specifications that substantially
provide for and require protection of the environment, reclamation of
the affected area, and handling of excavated materials in a manner
consistent with the acts and regulations implementing the acts. In
addition, it provides that the Department approve the standards and
specifications for protection of the environment that will apply to the
project when potential adverse
[[Page 56621]]
environmental impacts have been identified. There is no Federal
counterpart to this requirement. However, these requirements provide
additional assurance that reclamation will be performed in a
satisfactory manner. Therefore, we find that the addition of 25 Pa Code
86.6(a)(5) and (a)(6) do not render the Pennsylvania program
inconsistent with SMCRA or the Federal regulations and can be approved.
25 Pa Code 86.6(b) provides that construction funded through
government financing agency guarantees, insurance, loans, funds
obtained through industrial revenue bonds or their equivalent or in-
kind payments does not qualify as government-financed construction.
This is consistent with the Federal regulations at 30 CFR 707.5,
Definitions. We find that the addition of 25 Pa Code 86.6(b) is no less
stringent than SMCRA and no less effective than the Federal regulations
and can be approved.
25 Pa Code 86.6(c) provides that documentation must be available
for inspection on-site when a person extracting coal incidental to
government-financed construction or government-financed reclamation
extracts more than 250 tons of coal or affects more than 2 acres. The
required documentation is provided in subsections 86.6(c)(1) through
(c)(4). Subsections 86.6(c)(1) through (c)(3) are consistent with the
Federal regulations at 30 CFR 707.12(a), (b), and (c). Therefore, we
find that addition of 25 Pa Code 86.6(c)(1) through (c)(3) is no less
stringent than SMCRA and no less effective than the Federal regulations
and can be approved.
There is no Federal counterpart for subsection 86.6(c)(4), which
requires that when an area is wholly or partially within an area
designated unsuitable for mining by the Environmental Quality Board
under 86.130, a copy of the detailed report required by subsection
86.124(e) relating to procedures (initial processing, recordkeeping and
notification requirements) must be maintained on the site and made
available for inspection. The change reflects an additional information
requirement and therefore, we find that the addition of 25 Pa Code
86.6(c)(4) does not render the Pennsylvania program inconsistent with
SMCRA or the Federal regulations and can be approved.
25 Pa Code 86.6(d) provides that government-financed construction
projects and government-financed reclamation must comply with Chapters
91-96, 102 and 105. The reference requires that the project and
reclamation comply with the State regulations pertaining to water
quality, National Pollutant Discharge Elimination System, sediment
control, waste management, and dam safety. There is no Federal
counterpart for subsection 86.6(d). The Pennsylvania regulations
require compliance with other environmental standards and, therefore,
we find that the addition of 25 Pa Code 86.6(d) does not render the
Pennsylvania program inconsistent with SMCRA or the Federal regulations
and can be approved.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment through the Federal
Register Notice dated February 6, 2007, (72 FR 5380) (Administrative
Record No. PA 891.03). We did not receive any comments from the public.
Federal Agency Comments
Under Federal regulations at 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 (Administrative Record No. PA 891.01). The Mine
Safety and Health Administration (MSHA), District 1, responded
(Administrative Record No. PA 891.04) and stated that it did not have
any comments or concerns regarding this request. The Mine Safety and
Health Administration (MSHA), District 2, responded (Administrative
Record No. PA 891.02) and stated that in the case of government-
financed construction or other government-financed reclamation
projects, MSHA reserves the right to assess each project where the
extraction of coal is incidental to the project, to determine
jurisdictional standing.
Environmental Protection Agency (EPA) Concurrence and Comments
Under Federal regulations at 30 CFR 732.17(h)(11)(i) and (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.
On December 20, 2006, we requested comments on the amendment from
EPA (Administrative Record No. PA 891.01). The EPA, Region III,
responded (Administrative Record No. 891.05) and stated that it did not
identify any inconsistencies with the Clean Water Act or any other
statutes or regulations under its jurisdiction.
V. OSM's Decision
Based on the above findings, we approve the amendment Pennsylvania
sent to us on December 18, 2006. We are approving the changes to the
Pennsylvania program at 25 Pa. Code 86.6.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 938, which codify decisions concerning the Pennsylvania
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. 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. Making this regulation effective immediately will expedite
that process. 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
regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted 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, to the
extent allowable by law, 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 OSM. 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
[[Page 56622]]
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 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. 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 program involving
Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 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
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of Section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(c)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
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 amendment that is the subject of this rule is based on
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. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. 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, geographic regions, or Federal, State, or local government
agencies; 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 fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 30, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
0
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 a new entry in the table in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 938.15 Approval of Pennsylvania regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
December 18, 2006.................... October 4, 2007.............. 25 Pa. Code 86.6 [add].
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[[Page 56623]]
[FR Doc. E7-19661 Filed 10-3-07; 8:45 am]
BILLING CODE 4310-05-P
