Stream Protection Rule; Final Environmental Impact Statement, 80592-80593 [2016-27655]

Download as PDF 80592 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations DECOMMISSIONING APPLICATIONS AND REPORTS TABLE Decommissioning applications and reports * * (i) A certified summary of expenditures for permanently plugging any well, removal of any platform or other facility, clearance of any site after wells have been plugged or platforms or facilities removed, and decommissioning of pipelines. (j) If requested by the Regional Supervisor, additional information in support of any decommissioning activity expenditures included in a summary submitted under paragraph (i) of this section. When to submit * * * * * Within 120 days after completion Submit to the Regional Supervisor a complete summary of expendiof each decommissioning activity tures actually incurred for each decommissioning activity (including, specified in this paragraph. but not limited to, the use of rigs, vessels, equipment, supplies and materials; transportation of any kind; personnel; and services). Include in, or attach to, the summary a certified statement by an authorized representative of your company attesting to the truth, accuracy and completeness of the summary. The Regional Supervisor may provide specific instructions or guidance regarding how to submit the certified summary. Within a reasonable time as deter- The Regional Supervisor will review the summary and may provide mined by the Regional Superspecific instructions or guidance regarding the submission of addivisor. tional information (including, but not limited to, copies of contracts and invoices), if requested, to complete or otherwise support the summary. [FR Doc. 2016–27416 Filed 11–15–16; 8:45 am] BILLING CODE 4310–VH–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827 [Docket ID: OSM–2010–0021; S1D1S SS08011000 SX064A000 178S180110; S2D2S SS08011000 SX064A000 17XS501520] Stream Protection Rule; Final Environmental Impact Statement Office of Surface Mining Reclamation and Enforcement, Department of the Interior. ACTION: Notice of availability; final environmental impact statement. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce the availability of the Final Environmental Impact Statement (FEIS) for the Stream Protection Rule developed pursuant to the National Environmental Policy Act (NEPA). DATES: The final EIS is available on November 16, 2016. ADDRESSES: Copies of the FEIS are available for public inspection at the following OSMRE locations: • Administrative Record, Room 101 SIB, 1951 Constitution Avenue NW., Washington, DC 20240, (Phone: 202– 208–2823). • Appalachian Regional Office, Three Parkway Center, Pittsburgh, Pennsylvania 15220 (Phone: (412) 937– 2815). mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:03 Nov 15, 2016 Instructions Jkt 241001 • Mid-Continent Regional Office, William L. Beatty Federal Building, 501 Belle Street, Room 216, Alton, Illinois 62002 (Phone: (618) 463–6460). • Western Regional Office, 1999 Broadway, Suite 3320, Denver, Colorado 80201 (Phone: (303) 293–5000). • Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301 (Phone: (304) 347–7158). • Knoxville Field Office, 710 Locust Street, 2nd floor, Knoxville, Tennessee 37902 (Phone: (865) 545–4103). • Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503 (Phone: (859) 260–3902). • Beckley Area Office, 313 Harper Park Drive, Beckley, West Virginia 25801 (Phone: (304) 255–5265). • Harrisburg Area Office, 215 Limekiln Road, New Cumberland, Pennsylvania 17070 (Phone: (717) 730– 6985). • Albuquerque Area Office, 100 Sun Avenue NE., Pan American Building, Suite 330, Albuquerque, New Mexico 87109 (Phone: (505) 761–8989). • Casper Area Office, Dick Cheney Federal Building, 150 East B Street, Casper, Wyoming 82601 (Phone: (307) 261–6550). • Birmingham Field Office, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209 (Phone: (205) 290– 7282). • Tulsa Field Office, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128 (Phone: (918) 581– 6430). Electronic copies of the FEIS are available at: • Federal eRulemaking Portal: https:// www.regulations.gov. The Docket ID for the FEIS is OSM–2010–0021. • OSMRE Web site: www.osmre.gov. In addition, a limited number of CD copies of the FEIS are available upon PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 request. You may obtain a CD by contacting the person identified in FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Robin Ferguson, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue NW., Washington, DC 20240. Telephone: 202–208–2802. Email: rferguson@osmre.gov. SUPPLEMENTARY INFORMATION: Background Significant advances in scientific knowledge and mining and reclamation techniques have occurred in the more than 30 years that have elapsed since the enactment of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., and the adoption of Federal regulations implementing that law. On July 27, 2015, OSMRE proposed the Stream Protection Rule for the primary purpose of updating its regulations and providing regulatory certainty to industry using these advances in scientific knowledge to minimize the adverse impacts of surface coal mining and underground mining operations on surface water, groundwater, fish, wildlife, and related environmental values, with particular emphasis on protecting or restoring streams and aquatic ecosystems. (See 80 FR 44436.) The draft environmental impact statement (DEIS) for the proposed rule was made available for public review and comment on July 17, 2015. (See 80 FR 42535.) After an extension was granted, the comment period closed on October 26, 2015. (See 80 FR 54590.) During the comment period, OSMRE held six public hearings in Colorado, Kentucky, Missouri, Pennsylvania, Virginia, and West Virginia, and E:\FR\FM\16NOR1.SGM 16NOR1 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations received approximately 95,000 comments on the proposed rule, DEIS, and the draft Regulatory Impact Analysis. The FEIS for the Stream Protection Rule analyzes the environmental, socioeconomic, and other effects of the preferred alternative—Alternative 8, as revised—and a reasonable range of other alternatives, including a No Action Alternative. The FEIS, including Alternative 8, has been revised, as appropriate, in response to comments and other information received on the DEIS, proposed rule, and draft Regulatory Impact Analysis. It also includes the input of cooperating agencies. Authority: 40 CFR 1506.6, 40 CFR 1506.1 Dated: November 11, 2016. Sterling Rideout, Assistant Director, Program Support. [FR Doc. 2016–27655 Filed 11–15–16; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL–9955–23–OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for the 2016 Compliance Year Environmental Protection Agency (EPA). ACTION: Final rule; notice of data availability (NODA). AGENCY: The Environmental Protection Agency (EPA) is providing notice of emission allowance allocations to certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR) federal implementation plans (FIPs). EPA has completed final calculations for the second round of NUSA allowance allocations for the 2016 compliance year of the CSAPR NOX Ozone Season Trading Program. EPA has posted spreadsheets showing the second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances to new units as well as the allocations to existing units of the remaining CSAPR NOX Ozone Season allowances not allocated to new units in either round of the 2016 NUSA allocation process. EPA will record the allocated CSAPR NOX Ozone Season allowances in sources’ Allowance Management System (AMS) accounts by November 15, 2016. mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:03 Nov 15, 2016 Jkt 241001 DATES: November 16, 2016. FOR FURTHER INFORMATION CONTACT: Questions concerning this action should be addressed to Robert Miller at (202) 343–9077 or miller.robertl@epa.gov or to Kenon Smith at (202) 343–9164 or smith.kenon@epa.gov. SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each state budget for each of the four CSAPR trading programs 1 is reserved as a NUSA from which allowances are allocated to eligible units through an annual one- or two-round process. EPA has described the CSAPR NUSA allocation process in three NODAs previously published this year in the Federal Register (81 FR 33636 May 27, 2016; 81 FR 50630 August 2, 2016; 81 FR 63156 September 14, 2016). In the most recent of these previous NODAs, EPA provided notice of preliminary lists of new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances and provided an opportunity for the public to submit objections. EPA received no objections to the preliminary lists of new units eligible for second-round 2016 NUSA allocations of CSAPR NOX Ozone Season allowances whose availability was announced in the September 14 NODA. EPA is therefore making secondround 2016 NUSA allocations of CSAPR NOX Ozone Season allowances to the new units identified on these lists in accordance with the procedures set forth in 40 CFR 97.512(a)(9) and (12). As described in the September 14 NODA, any allowances remaining in the CSAPR NOX Ozone Season NUSA for a given state and control period after the second round of NUSA allocations to new units are to be allocated to the existing units in the state according to the procedures set forth in 40 CFR 97.512(a)(10) and (12). EPA has determined that CSAPR NOX Ozone Season allowances do remain in the 1 In the recently finalized Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR Update Rule), 81 FR 74504 (October 26, 2016), EPA is establishing new or modified FIP requirements for EGUs in 22 states to address transported pollution with regard to the 2008 ozone NAAQS, including requirements to participate in a new fifth CSAPR trading program—the CSAPR NOX Ozone Season Group 2 Trading Program—for emissions occurring in 2017 and later years. In the same rule, EPA is also withdrawing the FIP provisions requiring EGUs in 24 states to participate in the existing trading program addressing transported pollution with regard to the 1997 ozone NAAQS for emissions occurring after 2016. (When the CSAPR Update rule takes effect in December 2016, the existing program will be renamed the CSAPR NOX Ozone Season Group 1 Trading Program.) The 2016 allowance allocations described in this notice concern the existing program and are not affected by the CSAPR Update Rule. PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 80593 NUSAs for a number of states following completion of second-round 2016 NUSA allocations; accordingly, EPA is allocating these allowances to existing units. The NUSA allowances are generally allocated to the existing units in proportion to the allocations previously made to the existing units under 40 CFR 97.511(a)(1), adjusted for rounding. Under 40 CFR 97.512(b)(10), any allowances remaining in the CSAPR NOX Ozone Season Indian country NUSA for a given state and control period after the second round of Indian country NUSA allocations to new units are added to the NUSA for that state or are made available for allocation by the state pursuant to an approved SIP revision. No new units eligible for allocations of CSAPR NOX Ozone Season allowances from any 2016 Indian country NUSA have been identified, and no state has an approved SIP revision governing allocation of 2016 CSAPR NOX Ozone Season allowances. The Indian country NUSA allowances are therefore being added to the NUSAs for the respective states and are included in the pools of allowances that are being allocated to existing units under 40 CFR 97.512(10) and (12). The final unit-by-unit data and allowance allocation calculations are set forth in Excel spreadsheets titled ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_ Round_Final_Data_New_Units’’, and ‘‘CSAPR_NUSA_2016_NOx_OS_2nd_ Round_Final_Data_Existing_Units’’, available on EPA’s Web site at https:// www3.epa.gov/airtransport/CSAPR/ actions.html. Pursuant to CSAPR’s allowance recordation timing requirements, the allocated NUSA allowances will be recorded in sources’ AMS accounts by November 15, 2016. EPA notes that an allocation or lack of allocation of allowances to a given unit does not constitute a determination that CSAPR does or does not apply to the unit. EPA also notes that NUSA allocations of CSAPR NOX Ozone Season allowances are subject to potential correction if a unit to which NUSA allowances have been allocated for a given compliance year is not actually an affected unit as of May 1 of the compliance year.2 Authority: 40 CFR 97.511(b). Dated: November 2, 2016. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2016–27541 Filed 11–15–16; 8:45 am] BILLING CODE 6560–50–P 2 See E:\FR\FM\16NOR1.SGM 40 CFR 97.511(c). 16NOR1

Agencies

[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Rules and Regulations]
[Pages 80592-80593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27655]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 
816, 817, 824, and 827

[Docket ID: OSM-2010-0021; S1D1S SS08011000 SX064A000 178S180110; S2D2S 
SS08011000 SX064A000 17XS501520]


Stream Protection Rule; Final Environmental Impact Statement

AGENCY: Office of Surface Mining Reclamation and Enforcement, 
Department of the Interior.

ACTION: Notice of availability; final environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), announce the availability of the Final Environmental Impact 
Statement (FEIS) for the Stream Protection Rule developed pursuant to 
the National Environmental Policy Act (NEPA).

DATES: The final EIS is available on November 16, 2016.

ADDRESSES: Copies of the FEIS are available for public inspection at 
the following OSMRE locations:
     Administrative Record, Room 101 SIB, 1951 Constitution 
Avenue NW., Washington, DC 20240, (Phone: 202-208-2823).
     Appalachian Regional Office, Three Parkway Center, 
Pittsburgh, Pennsylvania 15220 (Phone: (412) 937-2815).
     Mid-Continent Regional Office, William L. Beatty Federal 
Building, 501 Belle Street, Room 216, Alton, Illinois 62002 (Phone: 
(618) 463-6460).
     Western Regional Office, 1999 Broadway, Suite 3320, 
Denver, Colorado 80201 (Phone: (303) 293-5000).
     Charleston Field Office, 1027 Virginia Street East, 
Charleston, West Virginia 25301 (Phone: (304) 347-7158).
     Knoxville Field Office, 710 Locust Street, 2nd floor, 
Knoxville, Tennessee 37902 (Phone: (865) 545-4103).
     Lexington Field Office, 2675 Regency Road, Lexington, 
Kentucky 40503 (Phone: (859) 260-3902).
     Beckley Area Office, 313 Harper Park Drive, Beckley, West 
Virginia 25801 (Phone: (304) 255-5265).
     Harrisburg Area Office, 215 Limekiln Road, New Cumberland, 
Pennsylvania 17070 (Phone: (717) 730-6985).
     Albuquerque Area Office, 100 Sun Avenue NE., Pan American 
Building, Suite 330, Albuquerque, New Mexico 87109 (Phone: (505) 761-
8989).
     Casper Area Office, Dick Cheney Federal Building, 150 East 
B Street, Casper, Wyoming 82601 (Phone: (307) 261-6550).
     Birmingham Field Office, 135 Gemini Circle, Suite 215, 
Homewood, Alabama 35209 (Phone: (205) 290-7282).
     Tulsa Field Office, 1645 South 101st East Avenue, Suite 
145, Tulsa, Oklahoma 74128 (Phone: (918) 581-6430).
    Electronic copies of the FEIS are available at:
     Federal eRulemaking Portal: https://www.regulations.gov. 
The Docket ID for the FEIS is OSM-2010-0021.
     OSMRE Web site: www.osmre.gov.
    In addition, a limited number of CD copies of the FEIS are 
available upon request. You may obtain a CD by contacting the person 
identified in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Robin Ferguson, Office of Surface 
Mining Reclamation and Enforcement, U.S. Department of the Interior, 
1951 Constitution Avenue NW., Washington, DC 20240. Telephone: 202-208-
2802. Email: rferguson@osmre.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Significant advances in scientific knowledge and mining and 
reclamation techniques have occurred in the more than 30 years that 
have elapsed since the enactment of the Surface Mining Control and 
Reclamation Act of 1977, 30 U.S.C. 1201 et seq., and the adoption of 
Federal regulations implementing that law. On July 27, 2015, OSMRE 
proposed the Stream Protection Rule for the primary purpose of updating 
its regulations and providing regulatory certainty to industry using 
these advances in scientific knowledge to minimize the adverse impacts 
of surface coal mining and underground mining operations on surface 
water, groundwater, fish, wildlife, and related environmental values, 
with particular emphasis on protecting or restoring streams and aquatic 
ecosystems. (See 80 FR 44436.)
    The draft environmental impact statement (DEIS) for the proposed 
rule was made available for public review and comment on July 17, 2015. 
(See 80 FR 42535.) After an extension was granted, the comment period 
closed on October 26, 2015. (See 80 FR 54590.) During the comment 
period, OSMRE held six public hearings in Colorado, Kentucky, Missouri, 
Pennsylvania, Virginia, and West Virginia, and

[[Page 80593]]

received approximately 95,000 comments on the proposed rule, DEIS, and 
the draft Regulatory Impact Analysis.
    The FEIS for the Stream Protection Rule analyzes the environmental, 
socioeconomic, and other effects of the preferred alternative--
Alternative 8, as revised--and a reasonable range of other 
alternatives, including a No Action Alternative. The FEIS, including 
Alternative 8, has been revised, as appropriate, in response to 
comments and other information received on the DEIS, proposed rule, and 
draft Regulatory Impact Analysis. It also includes the input of 
cooperating agencies.


    Authority: 40 CFR 1506.6, 40 CFR 1506.1

    Dated: November 11, 2016.
Sterling Rideout,
Assistant Director, Program Support.
[FR Doc. 2016-27655 Filed 11-15-16; 8:45 am]
 BILLING CODE 4310-05-P

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