Pennsylvania Regulatory Program, 46877-46880 [2010-19017]

Download as PDF Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Proposed Rules Other FAA AD Provisions (m) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM–116, International Branch, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2141; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. 46877 (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (n) Refer to MCAI EASA Airworthiness Directive 2007–0276R1, dated March 18, 2010 (corrected April 12, 2010), and the service information identified in Table 2 of this AD, for related information. TABLE 2—RELATED SERVICE INFORMATION Service information Revision level Date Airbus Mandatory Service Bulletin A320–25A1555 ................ Airbus Service Bulletin A320–25–1557 .................................. Airbus Service Bulletin A320–53–1215 .................................. 02 ............................................................................................ 02 ............................................................................................ Original ................................................................................... November 5, 2008. November 5, 2008. November 5, 2008. Issued in Renton, Washington, on July 27, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–19144 Filed 8–3–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 938 [PA–156–FOR; OSM 2010–0004] Pennsylvania Regulatory Program Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We are announcing receipt of an amendment to the Pennsylvania program (the ‘‘Pennsylvania program’’) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) (Administrative Record No. 888.00). The revisions to the regulations specifically address fourteen required program amendments and the remining financial guarantee program, thereby addressing a portion of the Pennsylvania regulatory provisions that were previously determined not to be approvable. Pennsylvania intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Pennsylvania program and this submittal are available for your jdjones on DSK8KYBLC1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 13:18 Aug 03, 2010 Jkt 220001 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., local time September 3, 2010. If requested, we will hold a public hearing on August 30, 2010. We will accept requests to speak until 4 p.m., local time on August 19, 2010. ADDRESSES: You may submit comments, identified by ‘‘PA–156–FOR; Docket ID: OSM–2010–0004’’ by either of the following two methods: • Federal eRulemaking Portal: http:// www.regulations.gov. The proposed rule has been assigned Docket ID: OSM– 2010–0004. 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. 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 http:// 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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: (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 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 E:\FR\FM\04AUP1.SGM 04AUP1 46878 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Proposed Rules 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. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 II. Description of the Amendment By letter dated March 17, 2010, Pennsylvania sent us an amendment to its program, Administrative Record Number 888.00, under SMCRA (30 U.S.C. 1201 et seq.). Pennsylvania’s submittal is intended to address fourteen required amendments found at 30 CFR 938.16 (rr), (tt), (uu), (vv), (ww), (xx), (zz), (aaa), (ccc), (iii), (jjj), (nnn), (ppp), and (ttt). It is also intended to address a partial disapproval of a 1998 submission that included regulations about remining financial guarantees, which is found at 30 CFR 938.12(c)(3). Required Amendments at 30 CFR 938.16 The required amendments at 30 CFR 938.16 require Pennsylvania to submit proposed amendments to: (rr) section 86.36(c) to require permit denial for unabated violations of any Federal or State program under SMCRA, without the three-year limitation. (tt) section 86.37(a)(10) to require that all violations of the Federal SMCRA and all programs approved under SMCRA be considered in determining whether there is a demonstrated pattern of willful violations. (uu) section 86.37(a) to require that the criteria upon which the regulatory authority bases its decision to approve or deny a permit application are based on all information available to the regulatory authority. (vv) section 86.37(a) to include language that would prohibit permit approval if the applicant or anyone linked to the applicant through the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ has forfeited a bond and the violation upon which the forfeiture was based remains unabated. (ww) sections 86.37(a)(9) and (a)(16) to require denial of a permit if it finds that those linked to the applicant through the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ are delinquent in payment of abandoned mine reclamation fees or delinquent in the payment of State and Federal final civil penalty assessments. (xx) section 86.37(c) to require that the regulatory authority’s VerDate Mar<15>2010 13:18 Aug 03, 2010 Jkt 220001 reconsideration of its decision to approve the permit include a review of information, updated for the period from permit approval to permit issuance, pertaining to the payment of abandoned mine reclamation fees and civil penalty fees and the status of unabated violations upon which a bond forfeiture was based. (zz) section 86.62(b)(2)(ii) to correct the cross-reference to section 86.63 with a reference to section 86.212(c). (aaa) sections 86.62(c) and 87.14(3) to include the requirement that the application include the address for each permit held by a related entity or company, and identification of the regulatory authority for such permit. (ccc) section 86.133(f) to require that exploration on areas designated as unsuitable for mining shall be subject to permitting requirements no less effective than the Federal regulations at 30 CFR 772.12. (iii) section 87.112(c) and 89.111(c) to require a seismic safety factor of at least 1.2 for all impoundments that meet the criteria of 30 CFR 77.216(a) or are located where failure could cause loss of life or serious property damage. (jjj) section 90.112(c)(2) to require that all impounding structures that meet the criteria of 30 CFR 77.216(a) and are either constructed of coal mine waste or intended to impound coal mine waste have sufficient spillway capacity and/or storage capacity to safely pass or control the runoff from the 6-hour PMP or greater precipitation event. (nnn) section 86.159(1)(2) to require two officer signatures for each corporate indemnitor, an affidavit from the corporation(s) certifying that entering into the indemnity agreement is valid under all applicable Federal and State laws, and documents that evidence the authority of the signatories to bind the corporation and an authorization by the parent corporation to enter into the indemnity agreement. (ppp) section 86.5(m), or otherwise amend its program, to provide for notification of the operator and any intervenors of a decision not to revoke an exemption. (ttt) sections 88.321 and 90.133, or otherwise amend its program to require that no noncoal waste be deposited in a coal refuse pile or impounding structure. Pennsylvania Response to Required Amendments at 30 CFR 938.16 The provisions of the Pennsylvania rules that Pennsylvania proposes to revise and/or add are found at 25 Pennsylvania Code. The following is a summary of the regulatory changes PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 being proposed to address program deficiencies noted at 30 CFR 938.16. Section 86.1, Definitions The Noncoal Surface Mining and Reclamation Act is being added to the list for the definition of Acts. When Chapter 86 was promulgated in 1983, noncoal mining was regulated under the authority of the Surface Mining Conservation and Reclamation Act (SMCRA). In 1984, the Noncoal Surface Mining Conservation and Reclamation Act (NSMCRA) was enacted, superseding the role of SMCRA for noncoal mining. In order to comply with Federal program requirements (and to have an effective regulatory program) relating to incidental extraction of coal under noncoal mining permits, it is necessary to include NSMCRA in the applicable Acts. This amendment addresses the requirement set forth at 30 CFR 938.16 (tt). The definition of ‘‘owned or controlled’’ and ‘‘owns or controls’’ is being corrected to include the current reference to the Federal regulations relating to definitions. This addresses Federal regulation revisions that resulted in the definition being placed in a different section of the State program. Section 86.5, Extraction of Coal Incidental to Noncoal Surface Mining Section 86.5(m) is amended to add the requirement for the Department to notify interested parties in the case that the Department decides not to revoke an exemption from the coal permitting requirements. This amendment addresses the requirement set forth at 30 CFR 938.16 (ppp). Section 86.36, Review of Permit Applications Section 86.36 is amended to delete the three-year time limitation for the review of an outstanding Federal violation. This amendment addresses the requirement set forth at 30 CFR 938.16 (rr). Section 86.37, Criteria for Permit Approval or Denial Section 86.37(a)(8) is amended to include a reference to the Federal definition of a violation. This amendment was required by the Federal requirement set forth at 30 CFR 938.16 (ww). This amendment also addresses the deficiencies set forth at 30 CFR 938.16 (uu), (vv), and (xx). Section 86.62, Identification of Interests Section 86.62(b)(2)(ii) is being amended to correct the reference to the Federal minimum enforcement action. E:\FR\FM\04AUP1.SGM 04AUP1 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Proposed Rules This amendment addresses the requirement set forth at 30 CFR 938.16(zz). Section 86.62(c) is being amended to include the permittee name and address as required information relating to permits for related entities and to clarify that issued permits must be reported as part of an application. This amendment addresses the requirement set forth at 30 CFR 938.16 (aaa). Section 86.103(g), Procedure; Section 86.129, Coal Exploration on Areas Designated as Unsuitable for Surface Mining Operations; and Section 86.133, General Requirements Section 86.103(g) is being added to require that the procedures for processing an assertion of Valid Existing Rights (VER) follow the Federal requirements by incorporating the Federal procedural requirements by reference. Section 86.129(b) is being amended to provide specific procedures and requirements for permit applications for exploration activities on lands designated as unsuitable for mining. The detailed requirements mirror the Federal procedures and standards for approval. This amendment also results in the renumbering of current subsections 86.129(b)(1) and 86.129(b)(2). Section 86.133(f) is being amended to clarify that a permit is required for exploration activities on lands designated as unsuitable for mining. These amendments address the requirements set forth at 30 CFR 938.16(ccc). jdjones on DSK8KYBLC1PROD with PROPOSALS-1 Section 86.159, Self-Bonding Section 86.159(l)(1) is amended to incorporate the language in the Federal regulations regarding the indemnification of self-bonds in the case of a corporate applicant that has a parent company. This amendment addresses the requirement set forth at 30 CFR 938.16(nnn). Section 87.112, Hydrologic Balance: Dams, Ponds, Embankments and Impoundments—Design, Construction and Maintenance and Section 89.111, Large Impoundments Section 87.112(c) is amended to add a requirement to protect miners or the public. Section 87.112(c)(1) is amended to add the required seismic safety factor. Section 89.111(c) is amended to add a requirement to protect miners or the public. Section 89.11(c)(1) is amended to add the required seismic safety factor. These amendments address the requirement set forth at 30 CFR 938.16(iii). VerDate Mar<15>2010 13:18 Aug 03, 2010 Jkt 220001 Section 88.321, Disposal of Noncoal Wastes and Section 90.133, Disposal of Noncoal Wastes Section 88.321 is amended to include all noncoal wastes and to apply the prohibition to impoundments. Section 90.133 is amended to include all noncoal wastes and to apply the prohibition to impoundments. These amendments address the requirements set forth at 30 CFR 938.16(ttt). Section 90.112, Hydrologic Balance: Dams, Ponds, Embankments and Impoundments—Design, Construction and Maintenance Section 90.112(c) is amended to add a requirement to protect miners or the public. Section 90.112(c)(2) is amended to match the language in the Federal regulations regarding spillway capacity for large impoundments at coal refuse disposal sites. These amendments address the requirements set forth at 30 CFR 938.16 (jjj). OSM Partial Disapproval of 1998 Regulatory Amendment Found at 30 CFR 938.12(c)(3) We did not approve a provision of a proposed program amendment that Pennsylvania submitted on December 18, 1998, regarding 25 Pa Code 86.281(e). The last sentence which states, ‘‘If the actual cost of reclamation by the Department exceeds the amount reserved, additional funds from the Remining Financial Assurance Fund will be used to complete reclamation’’ was not approved. Pennsylvania’s Response to the OSM Disapproval at 30 CFR 938.12(c)(3) The provisions of the Pennsylvania rules that Pennsylvania proposes to revise and/or add are found at 25 Pennsylvania Code. The following regulatory changes are being made to the remining financial guarantee program and should address the portion of 25 Pa Code 86.281(e) that was not approved as documented at 30 CFR 938.12(c)(3). Section 86.165, Failure to Maintain Proper Bond Section 86.165(a) is amended to add that an operator’s obligation to maintain a proper bond includes the payments required under the Remining Financial Guarantee program. This amendment will allow the enforcement of the payment requirement using consistent procedures. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 46879 Section 86.281, Financial Guarantees To Insure Reclamation—General Section 86.281(c) is amended to provide that the Department will designate a specified amount in the financial guarantees special account as financial assurance for the reclamation obligation of a permit with an approved remining area, rather than reserving a portion of those funds. This change is necessary in light of the conversion to a conventional bonding program. Under conventional bonding, the total reclamation cost is accounted for when determining the bond amount, thus enabling the Department to calculate more precisely the amount of funds that may need to be used to reclaim an approved remining area covered by a remining financial guarantee. Section 86.281(e) is amended in conjunction with the revision in Section 86.281(c) and to clarify that all of the bonds forfeited (including the Remining Financial Guarantee) on a permit are to be used for reclamation of the mine site (including the remining area). It also is amended to allow, rather than require, the use of additional funds from the Remining Financial Assurance Fund if they are needed to complete the reclamation of the mine site. This change is based primarily on the concept that under conventional bonding, the bond amount posted is the amount required to complete the reclamation. In addition, it provides the Department with flexibility to use money from the Remining Financial Assurance Fund to pay for the necessary reclamation. Section 86.282, Participation Requirements Section 86.282(a)(2) is being revised to delete the option of using the ability to obtain a letter of credit as a demonstration of financial responsibility. Experience in implementing the Remining Financial Guarantee program has shown that the ability to obtain a letter of credit from a bank is not a good test of financial responsibility. Section 86.283, Procedures Section 86.283(a)(1) is amended to change the way the amount of the payment is determined as a result of the change to conventional bonding. The deleted language is based on the peracre bond rate system. The proposed wording is based on the amount of the Remining Financial Guarantee. Section 86.283(d) is amended to clarify how financial guarantee funds are allocated. Section 86.283(e) is amended to delete language relating to the process of E:\FR\FM\04AUP1.SGM 04AUP1 46880 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Proposed Rules ‘‘bond rollover’’ that was allowed under the Alternative Bonding System (ABS). The concept of ‘‘bond rollover’’ is not pertinent to conventional bonding. Section 86.283(f) is being added to reduce the potential risk of insolvency of the Remining Financial Assurance Fund by requiring the replacement of a Remining Financial Guarantee in the event a pollutional discharge occurs at a mine site bonded with a Remining Financial Guarantee. Section 86.284, Forfeiture Sections 86.284(a) and (c) are amended to be consistent with the changes made in Sections 86.281(c) and (e). 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. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., local time August 19, 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 present in the audience who wish to speak, have been heard. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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 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. 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. 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, VerDate Mar<15>2010 13:18 Aug 03, 2010 Jkt 220001 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. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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. 2010–19017 Filed 8–3–10; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2010–0503; FRL–9183–5] Revisions to the California State Implementation Plan, South Coast Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOx) emissions from natural gas-fired, fan-type central furnaces and other miscellaneous NOx sources. We are proposing to approve the local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by September 3, 2010. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2010–0503, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov., including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected SUMMARY: E:\FR\FM\04AUP1.SGM 04AUP1

Agencies

[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Proposed Rules]
[Pages 46877-46880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19017]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-156-FOR; OSM 2010-0004]


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.

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SUMMARY: We are announcing receipt of an amendment to the Pennsylvania 
program (the ``Pennsylvania program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act) (Administrative Record 
No. 888.00). The revisions to the regulations specifically address 
fourteen required program amendments and the remining financial 
guarantee program, thereby addressing a portion of the Pennsylvania 
regulatory provisions that were previously determined not to be 
approvable. Pennsylvania intends to revise its program to be consistent 
with the corresponding Federal regulations. 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., local time 
September 3, 2010. If requested, we will hold a public hearing on 
August 30, 2010. We will accept requests to speak until 4 p.m., local 
time on August 19, 2010.

ADDRESSES: You may submit comments, identified by ``PA-156-FOR; Docket 
ID: OSM-2010-0004'' by either of the following two methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
The proposed rule has been assigned Docket ID: OSM-2010-0004. 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. 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 http://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: 
(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

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

[[Page 46878]]

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 17, 2010, Pennsylvania sent us an amendment 
to its program, Administrative Record Number 888.00, under SMCRA (30 
U.S.C. 1201 et seq.). Pennsylvania's submittal is intended to address 
fourteen required amendments found at 30 CFR 938.16 (rr), (tt), (uu), 
(vv), (ww), (xx), (zz), (aaa), (ccc), (iii), (jjj), (nnn), (ppp), and 
(ttt). It is also intended to address a partial disapproval of a 1998 
submission that included regulations about remining financial 
guarantees, which is found at 30 CFR 938.12(c)(3).

Required Amendments at 30 CFR 938.16

    The required amendments at 30 CFR 938.16 require Pennsylvania to 
submit proposed amendments to:
    (rr) section 86.36(c) to require permit denial for unabated 
violations of any Federal or State program under SMCRA, without the 
three-year limitation.
    (tt) section 86.37(a)(10) to require that all violations of the 
Federal SMCRA and all programs approved under SMCRA be considered in 
determining whether there is a demonstrated pattern of willful 
violations.
    (uu) section 86.37(a) to require that the criteria upon which the 
regulatory authority bases its decision to approve or deny a permit 
application are based on all information available to the regulatory 
authority.
    (vv) section 86.37(a) to include language that would prohibit 
permit approval if the applicant or anyone linked to the applicant 
through the definition of ``owned or controlled'' or ``owns or 
controls'' has forfeited a bond and the violation upon which the 
forfeiture was based remains unabated.
    (ww) sections 86.37(a)(9) and (a)(16) to require denial of a permit 
if it finds that those linked to the applicant through the definition 
of ``owned or controlled'' or ``owns or controls'' are delinquent in 
payment of abandoned mine reclamation fees or delinquent in the payment 
of State and Federal final civil penalty assessments.
    (xx) section 86.37(c) to require that the regulatory authority's 
reconsideration of its decision to approve the permit include a review 
of information, updated for the period from permit approval to permit 
issuance, pertaining to the payment of abandoned mine reclamation fees 
and civil penalty fees and the status of unabated violations upon which 
a bond forfeiture was based.
    (zz) section 86.62(b)(2)(ii) to correct the cross-reference to 
section 86.63 with a reference to section 86.212(c).
    (aaa) sections 86.62(c) and 87.14(3) to include the requirement 
that the application include the address for each permit held by a 
related entity or company, and identification of the regulatory 
authority for such permit.
    (ccc) section 86.133(f) to require that exploration on areas 
designated as unsuitable for mining shall be subject to permitting 
requirements no less effective than the Federal regulations at 30 CFR 
772.12.
    (iii) section 87.112(c) and 89.111(c) to require a seismic safety 
factor of at least 1.2 for all impoundments that meet the criteria of 
30 CFR 77.216(a) or are located where failure could cause loss of life 
or serious property damage.
    (jjj) section 90.112(c)(2) to require that all impounding 
structures that meet the criteria of 30 CFR 77.216(a) and are either 
constructed of coal mine waste or intended to impound coal mine waste 
have sufficient spillway capacity and/or storage capacity to safely 
pass or control the runoff from the 6-hour PMP or greater precipitation 
event.
    (nnn) section 86.159(1)(2) to require two officer signatures for 
each corporate indemnitor, an affidavit from the corporation(s) 
certifying that entering into the indemnity agreement is valid under 
all applicable Federal and State laws, and documents that evidence the 
authority of the signatories to bind the corporation and an 
authorization by the parent corporation to enter into the indemnity 
agreement.
    (ppp) section 86.5(m), or otherwise amend its program, to provide 
for notification of the operator and any intervenors of a decision not 
to revoke an exemption.
    (ttt) sections 88.321 and 90.133, or otherwise amend its program to 
require that no noncoal waste be deposited in a coal refuse pile or 
impounding structure.

Pennsylvania Response to Required Amendments at 30 CFR 938.16

    The provisions of the Pennsylvania rules that Pennsylvania proposes 
to revise and/or add are found at 25 Pennsylvania Code. The following 
is a summary of the regulatory changes being proposed to address 
program deficiencies noted at 30 CFR 938.16.
Section 86.1, Definitions
    The Noncoal Surface Mining and Reclamation Act is being added to 
the list for the definition of Acts. When Chapter 86 was promulgated in 
1983, noncoal mining was regulated under the authority of the Surface 
Mining Conservation and Reclamation Act (SMCRA). In 1984, the Noncoal 
Surface Mining Conservation and Reclamation Act (NSMCRA) was enacted, 
superseding the role of SMCRA for noncoal mining. In order to comply 
with Federal program requirements (and to have an effective regulatory 
program) relating to incidental extraction of coal under noncoal mining 
permits, it is necessary to include NSMCRA in the applicable Acts. This 
amendment addresses the requirement set forth at 30 CFR 938.16 (tt).
    The definition of ``owned or controlled'' and ``owns or controls'' 
is being corrected to include the current reference to the Federal 
regulations relating to definitions. This addresses Federal regulation 
revisions that resulted in the definition being placed in a different 
section of the State program.
Section 86.5, Extraction of Coal Incidental to Noncoal Surface Mining
    Section 86.5(m) is amended to add the requirement for the 
Department to notify interested parties in the case that the Department 
decides not to revoke an exemption from the coal permitting 
requirements. This amendment addresses the requirement set forth at 30 
CFR 938.16 (ppp).
Section 86.36, Review of Permit Applications
    Section 86.36 is amended to delete the three-year time limitation 
for the review of an outstanding Federal violation. This amendment 
addresses the requirement set forth at 30 CFR 938.16 (rr).
Section 86.37, Criteria for Permit Approval or Denial
    Section 86.37(a)(8) is amended to include a reference to the 
Federal definition of a violation. This amendment was required by the 
Federal requirement set forth at 30 CFR 938.16 (ww). This amendment 
also addresses the deficiencies set forth at 30 CFR 938.16 (uu), (vv), 
and (xx).
Section 86.62, Identification of Interests
    Section 86.62(b)(2)(ii) is being amended to correct the reference 
to the Federal minimum enforcement action.

[[Page 46879]]

This amendment addresses the requirement set forth at 30 CFR 
938.16(zz).
    Section 86.62(c) is being amended to include the permittee name and 
address as required information relating to permits for related 
entities and to clarify that issued permits must be reported as part of 
an application. This amendment addresses the requirement set forth at 
30 CFR 938.16 (aaa).
Section 86.103(g), Procedure; Section 86.129, Coal Exploration on Areas 
Designated as Unsuitable for Surface Mining Operations; and Section 
86.133, General Requirements
    Section 86.103(g) is being added to require that the procedures for 
processing an assertion of Valid Existing Rights (VER) follow the 
Federal requirements by incorporating the Federal procedural 
requirements by reference.
    Section 86.129(b) is being amended to provide specific procedures 
and requirements for permit applications for exploration activities on 
lands designated as unsuitable for mining. The detailed requirements 
mirror the Federal procedures and standards for approval. This 
amendment also results in the renumbering of current subsections 
86.129(b)(1) and 86.129(b)(2).
    Section 86.133(f) is being amended to clarify that a permit is 
required for exploration activities on lands designated as unsuitable 
for mining.
    These amendments address the requirements set forth at 30 CFR 
938.16(ccc).
Section 86.159, Self-Bonding
    Section 86.159(l)(1) is amended to incorporate the language in the 
Federal regulations regarding the indemnification of self-bonds in the 
case of a corporate applicant that has a parent company. This amendment 
addresses the requirement set forth at 30 CFR 938.16(nnn).
Section 87.112, Hydrologic Balance: Dams, Ponds, Embankments and 
Impoundments--Design, Construction and Maintenance and Section 89.111, 
Large Impoundments
    Section 87.112(c) is amended to add a requirement to protect miners 
or the public. Section 87.112(c)(1) is amended to add the required 
seismic safety factor.
    Section 89.111(c) is amended to add a requirement to protect miners 
or the public. Section 89.11(c)(1) is amended to add the required 
seismic safety factor.
    These amendments address the requirement set forth at 30 CFR 
938.16(iii).
Section 88.321, Disposal of Noncoal Wastes and Section 90.133, Disposal 
of Noncoal Wastes
    Section 88.321 is amended to include all noncoal wastes and to 
apply the prohibition to impoundments.
    Section 90.133 is amended to include all noncoal wastes and to 
apply the prohibition to impoundments.
    These amendments address the requirements set forth at 30 CFR 
938.16(ttt).
Section 90.112, Hydrologic Balance: Dams, Ponds, Embankments and 
Impoundments--Design, Construction and Maintenance
    Section 90.112(c) is amended to add a requirement to protect miners 
or the public. Section 90.112(c)(2) is amended to match the language in 
the Federal regulations regarding spillway capacity for large 
impoundments at coal refuse disposal sites. These amendments address 
the requirements set forth at 30 CFR 938.16 (jjj).

OSM Partial Disapproval of 1998 Regulatory Amendment Found at 30 CFR 
938.12(c)(3)

    We did not approve a provision of a proposed program amendment that 
Pennsylvania submitted on December 18, 1998, regarding 25 Pa Code 
86.281(e). The last sentence which states, ``If the actual cost of 
reclamation by the Department exceeds the amount reserved, additional 
funds from the Remining Financial Assurance Fund will be used to 
complete reclamation'' was not approved.

Pennsylvania's Response to the OSM Disapproval at 30 CFR 938.12(c)(3)

    The provisions of the Pennsylvania rules that Pennsylvania proposes 
to revise and/or add are found at 25 Pennsylvania Code. The following 
regulatory changes are being made to the remining financial guarantee 
program and should address the portion of 25 Pa Code 86.281(e) that was 
not approved as documented at 30 CFR 938.12(c)(3).
Section 86.165, Failure to Maintain Proper Bond
    Section 86.165(a) is amended to add that an operator's obligation 
to maintain a proper bond includes the payments required under the 
Remining Financial Guarantee program. This amendment will allow the 
enforcement of the payment requirement using consistent procedures.
Section 86.281, Financial Guarantees To Insure Reclamation--General
    Section 86.281(c) is amended to provide that the Department will 
designate a specified amount in the financial guarantees special 
account as financial assurance for the reclamation obligation of a 
permit with an approved remining area, rather than reserving a portion 
of those funds. This change is necessary in light of the conversion to 
a conventional bonding program. Under conventional bonding, the total 
reclamation cost is accounted for when determining the bond amount, 
thus enabling the Department to calculate more precisely the amount of 
funds that may need to be used to reclaim an approved remining area 
covered by a remining financial guarantee.
    Section 86.281(e) is amended in conjunction with the revision in 
Section 86.281(c) and to clarify that all of the bonds forfeited 
(including the Remining Financial Guarantee) on a permit are to be used 
for reclamation of the mine site (including the remining area). It also 
is amended to allow, rather than require, the use of additional funds 
from the Remining Financial Assurance Fund if they are needed to 
complete the reclamation of the mine site. This change is based 
primarily on the concept that under conventional bonding, the bond 
amount posted is the amount required to complete the reclamation. In 
addition, it provides the Department with flexibility to use money from 
the Remining Financial Assurance Fund to pay for the necessary 
reclamation.
Section 86.282, Participation Requirements
    Section 86.282(a)(2) is being revised to delete the option of using 
the ability to obtain a letter of credit as a demonstration of 
financial responsibility. Experience in implementing the Remining 
Financial Guarantee program has shown that the ability to obtain a 
letter of credit from a bank is not a good test of financial 
responsibility.
Section 86.283, Procedures
    Section 86.283(a)(1) is amended to change the way the amount of the 
payment is determined as a result of the change to conventional 
bonding. The deleted language is based on the per-acre bond rate 
system. The proposed wording is based on the amount of the Remining 
Financial Guarantee.
    Section 86.283(d) is amended to clarify how financial guarantee 
funds are allocated.
    Section 86.283(e) is amended to delete language relating to the 
process of

[[Page 46880]]

``bond rollover'' that was allowed under the Alternative Bonding System 
(ABS). The concept of ``bond rollover'' is not pertinent to 
conventional bonding.
    Section 86.283(f) is being added to reduce the potential risk of 
insolvency of the Remining Financial Assurance Fund by requiring the 
replacement of a Remining Financial Guarantee in the event a 
pollutional discharge occurs at a mine site bonded with a Remining 
Financial Guarantee.
Section 86.284, Forfeiture
    Sections 86.284(a) and (c) are amended to be consistent with the 
changes made in Sections 86.281(c) and (e).
    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., local time 
August 19, 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 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. 2010-19017 Filed 8-3-10; 8:45 am]
BILLING CODE 4310-05-P