Pennsylvania Regulatory Program, 34960-34962 [2010-14868]
Download as PDF
34960
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
11. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC Online Support at (202) 502–6652
(toll free at 1–866–208–3676) or e-mail
at ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Program in the Federal Register at 75
FR 32341. The reference to the Docket
No. ITA–2010–XXXX, which is
provided to assist the public in
submitting comments in
Regulations.gov, is incorrect. The
Department publishes this notice to
correct this number.
Accordingly, in FR Doc. 2010–13733,
at page 32341 in the June 8, 2010, issue
of the Federal Register, under the
ADDRESSES section in the middle
column, correct ‘‘Docket No. ITA–2010–
XXXX’’ to read ‘‘Docket No. ITA–2010–
0002.’’
Furthermore, in the same paragraph,
that notice stated that all comments
should refer to RIN 0625–AA84. That
RIN number is not applicable to the
notice and need not be included in the
comments.
BILLING CODE 6717–01–P
Dated: June 15, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
[FR Doc. 2010–14940 Filed 6–18–10; 8:45 am]
[FR Doc. 2010–14874 Filed 6–18–10; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
19 CFR Part 351
DEPARTMENT OF THE INTERIOR
[Docket No. 100602237–0250–02]
Import Administration IA ACCESS Pilot
Program
30 CFR Part 938
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Public notice and request for
comments; correction.
sroberts on DSKD5P82C1PROD with PROPOSALS
[PA–155–FOR; OSM 2010–0003]
Pennsylvania Regulatory Program
On Tuesday, June 8, 2010, the
Department of Commerce (the
Department) published the Public
Notice and Request for Comments for
Import Administration IA ACCESS Pilot
Program in the Federal Register. The
reference to the ITA docket number is
incorrect. This document corrects that
number. The June 8 document also
stated that all comments should refer to
RIN 0625–AA84. That RIN number is
not applicable to the notice and need
not be included in the comments.
FOR FURTHER INFORMATION CONTACT:
Evangeline Keenan, Acting APO/
Dockets Unit Director, Import
Administration, APO/Dockets Unit,
Room 1870, U.S. Department of
Commerce, Constitution Avenue and
14th Street, NW., Washington, DC
20230; telephone: (202) 482–9157.
SUPPLEMENTARY INFORMATION: On
Tuesday, June 8, 2010, the Department
of Commerce (the Department)
published the Public Notice and
Request for Comments for Import
Administration IA ACCESS Pilot
SUMMARY:
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Office of Surface Mining Reclamation
and Enforcement
AGENCY: Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
SUMMARY: OSM is announcing receipt of
a request (Administrative Record No.
844.14) to remove a required
amendment to the Pennsylvania
regulatory program (the ‘‘Pennsylvania
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Pennsylvania has
provided a rationale that it believes
supports the position that the required
amendment related to specific
information (cessation orders) for permit
applications should be removed.
This document gives the times and
locations that the Pennsylvania program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
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DATES: We will accept written
comments until 4 p.m., e.s.t. July 21,
2010. If requested, we will hold a public
hearing on July 16, 2010. We will accept
requests to speak until 4 p.m., e.s.t. on
July 6, 2010.
ADDRESSES: You may submit comments,
identified by ‘‘PA–155–FOR; Docket ID:
OSM–2010–0003’’ by either of the
following two methods:
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0003. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier: Mr.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg, PA
17101.
Instructions: 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, information may
also be obtained at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Pittsburgh Field Division Office at:
OSM’s Pittsburgh Field Division Office,
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg,
Pennsylvania 17101, Telephone (717)
782–4036, E-mail: grieger@osmre.gov.
William S. Allen Jr., Acting Director,
Bureau of Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania
17105–8461, Telephone: (717) 787–
5015, E-mail: wallen@state.pa.us.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Telephone: (717) 782–
4036. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
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 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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this 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
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
CFR 938.11, 938.12, 938.13, 938.15 and
938.16.
II. Description of the Amendment
By letter dated March 4, 2010,
Pennsylvania sent us a request to
remove a required amendment codified
at 30 CFR 938.16(bbb) (Administrative
Number PA 844.14), under SMCRA (30
U.S.C. 1201 et seq.). The required
amendment reads as follows:
By May 1, 1993, Pennsylvania shall submit
a proposed amendment to section 86.63(a)(3)
to require that all applications for surface
mining permits include the specific
information required by section
86.63(a)(3)(i)–(viii) for all cessation orders
received, by the applicant and anyone linked
to the applicant through ownership and
control, prior to the date of the application.
sroberts on DSKD5P82C1PROD with PROPOSALS
Section 86.63 of 25 Pennsylvania Code
outlines the compliance information
that is required for an application and
subsection 86.63(a)(3) reads as follows:
(3) For a violation of a provision of the
acts, or law, rule or regulation of the United
States, or of State law, rule or regulation
enacted under Federal law, rule or regulation
pertaining to air or water environmental
protection incurred in connection with a coal
mining activity, a list of the violation notices
received by the applicant during the 3-year
period preceding the application date and a
list of the unabated cessation orders and
unabated air and water quality violation
notices received prior to the date of the
application by a coal mining activity owned
or controlled by either the applicant or by a
person who owns or controls the applicant
under the definition of ‘‘owned or controlled’’
or ‘‘owns or controls’’ in section 86.1. The
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application shall also contain a statement
regarding each violation notice including the
following:
(i) The identification number of the permit
or operation and the MSHA number
including the date of issuance of the MSHA
number.
(ii) The date of issuance of the violation
notice with the Federal or State identification
number.
(iii) The name of the issuing regulatory
authority, department or agency.
(iv) The name of the person to whom the
violation notice was issued.
(v) A brief description of the particular
violation.
(vi) The date, location and type of
administrative or judicial proceedings
initiated concerning the violation.
(vii) The current status of the violation.
(viii) The actions taken by the applicant to
abate the violation, and proof which is
satisfactory to the regulatory authority,
department or agency which has jurisdiction
over the violation that the violation has been
corrected, or is in the process of being
corrected.
Pennsylvania states that under the
Pennsylvania program, a cessation order
is a type of violation notice. A cessation
order is a compliance order that requires
cessation of all or part of a mining
operation. Pennsylvania manages its
enforcement such that all violations are
handled through enforcement actions.
All enforcement actions are ‘‘violation
notices’’ because they are the vehicle
through which a violator is notified that
there is a violation. In practice, the term
‘‘violation notice’’ in 25 Pa. Code
86.63(a)(3) includes the following
enforcement actions: Compliance
Orders, Cessation Orders, Failure to
Abate Cessation Orders, Permit
Suspensions, and Bond Forfeitures.
Pennsylvania manages violation and
enforcement data using the eFACTS
(Environment, Facility, Application,
Compliance Tracking System) database.
The practice to include cessation orders
along with the other enforcement
actions is embedded in the report that
is used to verify violation history data.
The regulation at 25 Pa. Code
86.63(a)(3) requires cessation orders to
be reported because in practice the term
‘‘violation notice’’ includes cessation
orders. Therefore, Pennsylvania is
requesting that the required program
amendment at 30 CFR 938.16(bbb) be
removed. The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the submission
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
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34961
approve the amendment, it will become
part of the Pennsylvania program.
Electronic or Written Comments
If you submit written comments, 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 Tribal 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 above (see ADDRESSES) will be
included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, e-mail 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 may 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. We will not consider anonymous
comments.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., e.s.t July 6, 2010. 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
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a 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
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
present in the audience who wish to
speak, have been heard.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the submission,
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
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM 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: April 28, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
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BILLING CODE 4310–05–P
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30 CFR Part 938
[PA–154–FOR; OSM 2010–0002]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
SUMMARY: OSM is announcing the
receipt of a proposed amendment to the
Pennsylvania regulatory program (the
‘‘Pennsylvania program’’) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The proposed amendment
(Administrative Record Number PA
837.111) consists of a recent statutory
amendment to Pennsylvania’s Coal
Refuse Disposal Control Act (CRDA), 52
Pennsylvania Statute Section 30.51 et
seq. Section 4.1(a) of the CRDA was
amended by adding subsection (6) to
section 4.1(a), which added another
category of sites to the list of ‘‘preferred
sites’’ currently found in section 4.1.
This document gives the times and
locations that the Pennsylvania program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., e.s.t. July 21,
2010. If requested, we will hold a public
hearing on July 16, 2010. We will accept
requests to speak until 4 p.m., e.s.t. on
July 6, 2010.
ADDRESSES: You may submit comments,
identified by ‘‘PA–154–FOR; Docket ID:
OSM–2010–0002’’ by either of the
following two methods:
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2010–0002. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
Mail/Hand Delivery/Courier: Mr.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg, PA
17101.
Instructions: For detailed instructions
on submitting comments and additional
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Fmt 4702
Sfmt 4702
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, information may
also be obtained at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Pittsburgh Field Division Office.
George Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement,
Harrisburg Transportation Center, 415
Market St., Suite 304, Harrisburg,
Pennsylvania 17101, Telephone No.
(717) 782–4036, E-mail:
grieger@osmre.gov.
William S. Allen Jr., Acting Director,
Bureau of Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania 17105–
8461, Telephone: (717) 787–5015, Email: wallen@state.pa.us.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Telephone: (717) 782–
4036. E-mail: grieger@osmre.gov
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the 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 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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this 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
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
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Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Proposed Rules]
[Pages 34960-34962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14868]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-155-FOR; OSM 2010-0003]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of a request (Administrative Record
No. 844.14) to remove a required amendment to the Pennsylvania
regulatory program (the ``Pennsylvania program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Pennsylvania has provided a rationale that it believes supports the
position that the required amendment related to specific information
(cessation orders) for permit applications should be removed.
This document gives the times and locations that the Pennsylvania
program and this submittal are available for your inspection, the
comment period during which you may submit written comments, and the
procedures that we will follow for the public hearing, if one is
requested.
DATES: We will accept written comments until 4 p.m., e.s.t. July 21,
2010. If requested, we will hold a public hearing on July 16, 2010. We
will accept requests to speak until 4 p.m., e.s.t. on July 6, 2010.
ADDRESSES: You may submit comments, identified by ``PA-155-FOR; Docket
ID: OSM-2010-0003'' by either of the following two methods:
Federal eRulemaking Portal: www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM-2010-0003. If you would like to submit
comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
Harrisburg Transportation Center, 415 Market St., Suite 304,
Harrisburg, PA 17101.
Instructions: 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, information may also be obtained at the addresses
listed below during normal business hours, Monday through Friday,
excluding holidays. You may receive one free copy of the amendment by
contacting OSM's Pittsburgh Field Division Office at:
OSM's Pittsburgh Field Division Office, George Rieger, Chief,
Pittsburgh Field Division, Office of Surface Mining Reclamation and
Enforcement, Harrisburg Transportation Center, 415 Market St., Suite
304, Harrisburg, Pennsylvania 17101, Telephone (717) 782-4036, E-mail:
grieger@osmre.gov.
William S. Allen Jr., Acting Director, Bureau of Mining and
Reclamation, Pennsylvania Department of Environmental Protection,
Rachel Carson State Office Building, P.O. Box 8461, Harrisburg,
Pennsylvania 17105-8461, Telephone: (717) 787-5015, E-mail:
wallen@state.pa.us.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (717) 782-
4036. E-mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Amendment
III. Public Comment Procedures
IV. Procedural Determinations
[[Page 34961]]
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 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 this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this 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 approval of
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR
33050). You can also find later actions concerning the Pennsylvania
program and program amendments at 30 CFR 938.11, 938.12, 938.13, 938.15
and 938.16.
II. Description of the Amendment
By letter dated March 4, 2010, Pennsylvania sent us a request to
remove a required amendment codified at 30 CFR 938.16(bbb)
(Administrative Number PA 844.14), under SMCRA (30 U.S.C. 1201 et
seq.). The required amendment reads as follows:
By May 1, 1993, Pennsylvania shall submit a proposed amendment
to section 86.63(a)(3) to require that all applications for surface
mining permits include the specific information required by section
86.63(a)(3)(i)-(viii) for all cessation orders received, by the
applicant and anyone linked to the applicant through ownership and
control, prior to the date of the application.
Section 86.63 of 25 Pennsylvania Code outlines the compliance
information that is required for an application and subsection
86.63(a)(3) reads as follows:
(3) For a violation of a provision of the acts, or law, rule or
regulation of the United States, or of State law, rule or regulation
enacted under Federal law, rule or regulation pertaining to air or
water environmental protection incurred in connection with a coal
mining activity, a list of the violation notices received by the
applicant during the 3-year period preceding the application date
and a list of the unabated cessation orders and unabated air and
water quality violation notices received prior to the date of the
application by a coal mining activity owned or controlled by either
the applicant or by a person who owns or controls the applicant
under the definition of ``owned or controlled'' or ``owns or
controls'' in section 86.1. The application shall also contain a
statement regarding each violation notice including the following:
(i) The identification number of the permit or operation and the
MSHA number including the date of issuance of the MSHA number.
(ii) The date of issuance of the violation notice with the
Federal or State identification number.
(iii) The name of the issuing regulatory authority, department
or agency.
(iv) The name of the person to whom the violation notice was
issued.
(v) A brief description of the particular violation.
(vi) The date, location and type of administrative or judicial
proceedings initiated concerning the violation.
(vii) The current status of the violation.
(viii) The actions taken by the applicant to abate the
violation, and proof which is satisfactory to the regulatory
authority, department or agency which has jurisdiction over the
violation that the violation has been corrected, or is in the
process of being corrected.
Pennsylvania states that under the Pennsylvania program, a cessation
order is a type of violation notice. A cessation order is a compliance
order that requires cessation of all or part of a mining operation.
Pennsylvania manages its enforcement such that all violations are
handled through enforcement actions. All enforcement actions are
``violation notices'' because they are the vehicle through which a
violator is notified that there is a violation. In practice, the term
``violation notice'' in 25 Pa. Code 86.63(a)(3) includes the following
enforcement actions: Compliance Orders, Cessation Orders, Failure to
Abate Cessation Orders, Permit Suspensions, and Bond Forfeitures.
Pennsylvania manages violation and enforcement data using the
eFACTS (Environment, Facility, Application, Compliance Tracking System)
database. The practice to include cessation orders along with the other
enforcement actions is embedded in the report that is used to verify
violation history data.
The regulation at 25 Pa. Code 86.63(a)(3) requires cessation orders
to be reported because in practice the term ``violation notice''
includes cessation orders. Therefore, Pennsylvania is requesting that
the required program amendment at 30 CFR 938.16(bbb) be removed. The
full text of the program amendment is available for you to read at the
locations listed above under ADDRESSES.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the submission satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Pennsylvania program.
Electronic or Written Comments
If you submit written comments, 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 Tribal 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 above (see ADDRESSES) will be included in the docket for
this rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail 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 may
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. We will not consider anonymous comments.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.s.t July 6,
2010. 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 the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a 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
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present in the audience who wish to speak, have been heard.
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than a public hearing. If
you wish to meet with us to discuss the submission, 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
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM 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: April 28, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2010-14868 Filed 6-18-10; 8:45 am]
BILLING CODE 4310-05-P