Pennsylvania Regulatory Program, 20774-20775 [2018-09767]

Download as PDF 20774 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules Montana now proposes adding a new ARM 17.24.905, which specifies that the ARMs pertaining to air pollution control plans, monitoring for settlement of regraded areas, augering and remining do not apply to in situ coal gasification. Montana also proposes ministerial changes to ARM 17.24.902 and ARM 17.24.903 that reflect these exemptions. Finally, Montana proposes to allow the regulatory authority to apply other rules, which are not routinely applied to all in situ operations, on a mine-specific basis. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Montana program. Electronic or Written Comments If you submit written or electronic comments on the proposed rule during the 30-day comment period, 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 state 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 (see ADDRESSES) will be included in the docket for this rulemaking and considered. sradovich on DSK3GMQ082PROD with PROPOSALS Public Availability of Comments Before including your address, phone number, email 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 can 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. VerDate Sep<11>2014 16:44 May 07, 2018 Jkt 244001 Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., m.d.t. on May 23, 2018. 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 a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the 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 only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, 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 rulemaking 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 OSMRE 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, PO 00000 Frm 00037 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 926 Intergovernmental relations, Surface mining, Underground mining. Dated: April 18, 2018. David Berry, Regional Director, Western Region. [FR Doc. 2018–09768 Filed 5–7–18; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 938 [PA–166–FOR; Docket ID: OSM–2017–0008 S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Pennsylvania Regulatory Program Office of Surface Mining Reclamation and Enforcement (OSMRE), Interior. ACTION: Proposed rule; reopening of the public comment period and notice of public hearing. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period and will be holding a public hearing on the proposed amendment to the Commonwealth of Pennsylvania’s approved regulatory program (the Pennsylvania program) published on March 12, 2018. The comment period is being reopened in order to afford the public additional time to comment and to allow for a public hearing. Approximately sixty citizens asked to both extend the comment period and for a public hearing. We are also notifying the public of the date, time, and location for the public hearing. Through this proposed amendment, Pennsylvania seeks to revise its Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) to include language clarifying the circumstances where a finding of presumptive evidence of pollution is not warranted under the Commonwealth’s Clean Streams Law. DATES: We will accept written comments until 4 p.m., Eastern Standard Time (EST), June 7, 2018. The public hearing will be held on May 1, SUMMARY: E:\FR\FM\08MYP1.SGM 08MYP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules 2018, from 5:30 p.m. until 7:30 p.m. EST. ADDRESSES: You may submit comments, identified by ‘‘PA–166–FOR; Docket ID: OSM–2017–0008’’, by either of the following two methods: • Federal eRulemaking Portal: https:// www.regulations.gov. The proposed rule has been assigned Docket ID: OSM– 2017–0008. If you would like to submit comments through the Federal eRulemaking Portal, go to https:// www.regulations.gov and follow the instructions. • Mail/Hand Delivery/Courier: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Three Parkway Center, Second Floor, Pittsburgh, PA 15220. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see III. Public Comment Procedures in the SUPPLEMENTARY INFORMATION section of the proposed rule published on March 12, 2018. Public Hearing: The public hearing will be held at the Double Tree by Hilton Pittsburgh-Green Tree, 500 Mansfield Avenue, Pittsburgh, Pennsylvania 15205; phone number: 412–922–8400, on Tuesday, May 1, 2018, from 5:30 p.m. to 7:30 p.m. EST. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m. Docket: For access to the docket to review copies of the Pennsylvania regulations, the relevant amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE’s Pittsburgh Field Division; or the full text of the program amendment is available at www.regulations.gov. In addition, you may review a copy of the amendment during regular business hours at one of the following locations: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Appalachian Regional Office, 3 Parkway Center, Second Floor, Pittsburgh, PA 15220, Telephone: (412) 937–2827, Email: bowens@osmre.gov. Mr. William Allen, Chief, Permitting and Compliance, Bureau of Mining and Reclamation, Pennsylvania Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 8461, Harrisburg, PA 17105–8461, Telephone: (717) 783–9580, E-Mail: wallen@pa.gov. VerDate Sep<11>2014 16:44 May 07, 2018 Jkt 244001 Mr. Ben Owens, Chief, Pittsburgh Field Division, Telephone: (412) 937–2827. Email: bowens@osmre.gov. SUPPLEMENTARY INFORMATION: On March 12, 2018, we published a proposed rule that would revise the Pennsylvania program. By letter dated August 4, 2017 (Administrative Record No. PA 899.00), Pennsylvania sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The Pennsylvania General Assembly recently amended the BMSLCA to include language clarifying the circumstances where a finding of presumptive evidence of pollution is not warranted under the Commonwealth’s Clean Streams Law. A. By way of State Bill 624, Pennsylvania proposes additional language to the BMSLCA, Section 5(i) that states: ‘‘In a permit application to conduct bituminous coal mining operations, subject to this act, planned subsidence in a predictable and controlled manner which is not predicted to result in the permanent disruption of premining existing or designated uses of surface waters of the Commonwealth shall not be considered presumptive evidence that the proposed bituminous coal mining operations have the potential to cause pollution as defined in section 1 of the act of June 22, 1937 (Pub. L. 1987, No. 394), known as ‘‘The Clean Streams Law’’. B. Further, Pennsylvania proposes additional language to BMSLCA, Section 5(j) as follows: ‘‘The provisions of subsection (i) shall only apply if: (1) A person submits an application to conduct bituminous mining operations subject to this act to the department that provides for the restoration of the premining range of flows and restoration of premining biological communities in any waters of this Commonwealth predicted to be adversely affected by subsidence. The restoration shall be consistent with the premining existing and designated uses of the waters of this Commonwealth; and (2) the application is approved by the department.’’ During the initial comment period, (Administrative Record Number PA 899.05), we received multiple citizen requests to extend the comment period and to hold a public hearing on the amendment. We are reopening the public comment period to afford the public more time to comment on the amendment and to allow enough time to schedule and hold the hearing. The date, time and location for the public hearing may be found under DATES and ADDRESSES. The hearing will be open to anyone who would like to attend and/or testify. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 20775 The primary purpose of the public hearing is to obtain your comments on the proposed rule so that we can prepare a complete and objective analysis of the proposal. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m. at the hearing location. Other attendees are not required to register. Written testimony will also be accepted. The hearing officer will conduct the hearing and receive the comments submitted. Comments submitted during the hearing will be responded to in the preamble to the final rule, not at the hearing. We appreciate all comments, but those most useful and likely to influence decisions on the final rule will be those that either involve personal experience or include citations to, and analyses of, the Surface Mining Control and Reclamation Act of 1977, its legislative history, its implementing regulations, case law, other State or Federal laws and regulations, data, technical literature, or relevant publications. At the hearing, a court reporter will record and make a written record of the statements presented. This written record will be made part of the administrative record for the rule. If you have a written copy of your testimony, we encourage you to give us a copy. It will assist the court reporter in preparing the written record. Any disabled individual who needs reasonable accommodation to attend the public hearing is encouraged to contact the person listed under FOR FURTHER INFORMATION CONTACT. Dated: April 5, 2018. Thomas D. Shope, Regional Director, Appalachian Region . [FR Doc. 2018–09767 Filed 5–7–18; 8:45 am] BILLING CODE 4310–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–HQ–OAR–2014–0606; FRL–9977–68– OAR] RIN 2060–AT96 Amendments to Federal Implementation Plan for Managing Air Emissions From True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: E:\FR\FM\08MYP1.SGM 08MYP1

Agencies

[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Proposed Rules]
[Pages 20774-20775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09767]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[PA-166-FOR; Docket ID: OSM-2017-0008 S1D1S SS08011000 SX064A000 
189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSMRE), 
Interior.

ACTION: Proposed rule; reopening of the public comment period and 
notice of public hearing.

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

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are reopening the public comment period and will be holding a 
public hearing on the proposed amendment to the Commonwealth of 
Pennsylvania's approved regulatory program (the Pennsylvania program) 
published on March 12, 2018. The comment period is being reopened in 
order to afford the public additional time to comment and to allow for 
a public hearing. Approximately sixty citizens asked to both extend the 
comment period and for a public hearing. We are also notifying the 
public of the date, time, and location for the public hearing. Through 
this proposed amendment, Pennsylvania seeks to revise its Bituminous 
Mine Subsidence and Land Conservation Act (BMSLCA) to include language 
clarifying the circumstances where a finding of presumptive evidence of 
pollution is not warranted under the Commonwealth's Clean Streams Law.

DATES: We will accept written comments until 4 p.m., Eastern Standard 
Time (EST), June 7, 2018. The public hearing will be held on May 1,

[[Page 20775]]

2018, from 5:30 p.m. until 7:30 p.m. EST.

ADDRESSES: You may submit comments, identified by ``PA-166-FOR; Docket 
ID: OSM-2017-0008'', by either of the following two methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
The proposed rule has been assigned Docket ID: OSM-2017-0008. If you 
would like to submit comments through the Federal eRulemaking Portal, 
go to https://www.regulations.gov and follow the instructions.
     Mail/Hand Delivery/Courier: Mr. Ben Owens, Chief, 
Pittsburgh Field Division, Office of Surface Mining Reclamation and 
Enforcement, Three Parkway Center, Second Floor, Pittsburgh, PA 15220.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see III. Public 
Comment Procedures in the SUPPLEMENTARY INFORMATION section of the 
proposed rule published on March 12, 2018.
    Public Hearing: The public hearing will be held at the Double Tree 
by Hilton Pittsburgh-Green Tree, 500 Mansfield Avenue, Pittsburgh, 
Pennsylvania 15205; phone number: 412-922-8400, on Tuesday, May 1, 
2018, from 5:30 p.m. to 7:30 p.m. EST. Those wishing to provide oral 
testimony need to register between 5:00 p.m. and 5:30 p.m.
    Docket: For access to the docket to review copies of the 
Pennsylvania regulations, the relevant amendment, a listing of any 
scheduled public hearings, and all written comments received in 
response to this document, you must go to the address listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSMRE's Pittsburgh Field Division; or the full text of the program 
amendment is available at www.regulations.gov.
    In addition, you may review a copy of the amendment during regular 
business hours at one of the following locations:
    Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface 
Mining Reclamation and Enforcement, Appalachian Regional Office, 3 
Parkway Center, Second Floor, Pittsburgh, PA 15220, Telephone: (412) 
937-2827, Email: [email protected].
    Mr. William Allen, Chief, Permitting and Compliance, Bureau of 
Mining and Reclamation, Pennsylvania Department of Environmental 
Protection, Rachel Carson State Office Building, P.O. Box 8461, 
Harrisburg, PA 17105-8461, Telephone: (717) 783-9580, E-Mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, Telephone: (412) 937-2827. Email: [email protected].

SUPPLEMENTARY INFORMATION: On March 12, 2018, we published a proposed 
rule that would revise the Pennsylvania program. By letter dated August 
4, 2017 (Administrative Record No. PA 899.00), Pennsylvania sent us an 
amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The 
Pennsylvania General Assembly recently amended the BMSLCA to include 
language clarifying the circumstances where a finding of presumptive 
evidence of pollution is not warranted under the Commonwealth's Clean 
Streams Law.
    A. By way of State Bill 624, Pennsylvania proposes additional 
language to the BMSLCA, Section 5(i) that states: ``In a permit 
application to conduct bituminous coal mining operations, subject to 
this act, planned subsidence in a predictable and controlled manner 
which is not predicted to result in the permanent disruption of 
premining existing or designated uses of surface waters of the 
Commonwealth shall not be considered presumptive evidence that the 
proposed bituminous coal mining operations have the potential to cause 
pollution as defined in section 1 of the act of June 22, 1937 (Pub. L. 
1987, No. 394), known as ``The Clean Streams Law''.
    B. Further, Pennsylvania proposes additional language to BMSLCA, 
Section 5(j) as follows: ``The provisions of subsection (i) shall only 
apply if: (1) A person submits an application to conduct bituminous 
mining operations subject to this act to the department that provides 
for the restoration of the premining range of flows and restoration of 
premining biological communities in any waters of this Commonwealth 
predicted to be adversely affected by subsidence. The restoration shall 
be consistent with the premining existing and designated uses of the 
waters of this Commonwealth; and (2) the application is approved by the 
department.''
    During the initial comment period, (Administrative Record Number PA 
899.05), we received multiple citizen requests to extend the comment 
period and to hold a public hearing on the amendment. We are reopening 
the public comment period to afford the public more time to comment on 
the amendment and to allow enough time to schedule and hold the 
hearing. The date, time and location for the public hearing may be 
found under DATES and ADDRESSES.
    The hearing will be open to anyone who would like to attend and/or 
testify. The primary purpose of the public hearing is to obtain your 
comments on the proposed rule so that we can prepare a complete and 
objective analysis of the proposal. Those wishing to provide oral 
testimony need to register between 5:00 p.m. and 5:30 p.m. at the 
hearing location. Other attendees are not required to register. Written 
testimony will also be accepted. The hearing officer will conduct the 
hearing and receive the comments submitted. Comments submitted during 
the hearing will be responded to in the preamble to the final rule, not 
at the hearing. We appreciate all comments, but those most useful and 
likely to influence decisions on the final rule will be those that 
either involve personal experience or include citations to, and 
analyses of, the Surface Mining Control and Reclamation Act of 1977, 
its legislative history, its implementing regulations, case law, other 
State or Federal laws and regulations, data, technical literature, or 
relevant publications.
    At the hearing, a court reporter will record and make a written 
record of the statements presented. This written record will be made 
part of the administrative record for the rule. If you have a written 
copy of your testimony, we encourage you to give us a copy. It will 
assist the court reporter in preparing the written record. Any disabled 
individual who needs reasonable accommodation to attend the public 
hearing is encouraged to contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

    Dated: April 5, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region .
[FR Doc. 2018-09767 Filed 5-7-18; 8:45 am]
 BILLING CODE 4310-05-P

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