Office of Surface Mining Reclamation and Enforcement – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities; Procedures and Criteria for Approval or Disproval of State Program Submissions
Document Number: 2020-03591
Type: Notice
Date: 2020-02-24
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Revisions; Renewal; and Transfer, Assignment, or Sale of Permit Rights
Document Number: 2020-03169
Type: Notice
Date: 2020-02-19
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are proposing to renew an information collection.
West Virginia Regulatory Program
Document Number: 2020-02886
Type: Proposed Rule
Date: 2020-02-14
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (hereinafter the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The statutory provisions involve the method in which permit applications are advertised. The regulatory provisions involve non- substantive revisions to definitions, reclamation, environmental security account for water quality, water quality enhancement, and modifying sections on incremental bonding, requirement to release bonds, forfeiture of bonds, and effluent limitations. This document gives the times and locations that the West Virginia program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
Document Number: 2020-02885
Type: Proposed Rule
Date: 2020-02-14
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment would make changes to Pennsylvania's Coal Refuse Disposal Control Act. Those changes would include establishing the terms and conditions under which a system that prevents precipitation from contacting coal refuse must be installed, requiring that the regulations regarding temporary cessation at coal refuse disposal areas conform with Federal SMCRA regulations, and providing for future regulations addressing the connection with source mines that are in temporary cessation in determining temporary cessation for the coal refuse disposal permit. This document provides the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
Document Number: 2020-02884
Type: Proposed Rule
Date: 2020-02-14
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania is requesting to adopt changes to its regulations related to blaster's licenses and storage, handling and use of explosives. The proposed changes would update the regulations based on current industry best practices and include blasting requirements related to seismic exploration. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
West Virginia Regulatory Program
Document Number: 2020-02570
Type: Proposed Rule
Date: 2020-02-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of proposed amendments to the West Virginia regulatory program (hereinafter, the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through these proposed amendments, West Virginia seeks to revise its program to amend its statutory and regulatory provisions that involve blasting and make organizational changes within the West Virginia Department of Environmental Protection (WVDEP).
Grant Notification for Fiscal Year 2020
Document Number: 2020-01325
Type: Notice
Date: 2020-01-27
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are notifying the public that we intend to grant funds to eligible applicants for purposes authorized under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) Title IV Abandoned Mine Land (AML) Reclamation Program and Title V Regulatory Program. We will award these grants during fiscal year 2020.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations
Document Number: 2019-26334
Type: Notice
Date: 2019-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; General Reclamation Requirements
Document Number: 2019-26333
Type: Notice
Date: 2019-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors
Document Number: 2019-26332
Type: Notice
Date: 2019-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are proposing to renew an information collection.
Wyoming Regulatory Program
Document Number: 2019-26132
Type: Rule
Date: 2019-12-04
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes both revisions of and additions to its coal rules and regulations concerning valid existing rights and individual civil penalties, as well as ownership and control provisions. Wyoming also proposes to revise a provision concerning periodic monitoring of blasting. Wyoming revised its program to address deficiencies we previously identified, which are now consistent with the corresponding Federal regulations and SMCRA.
Alaska Regulatory Program
Document Number: 2019-26128
Type: Rule
Date: 2019-12-04
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, with four exceptions and six additional requirements, an amendment to the Alaska regulatory program (the Alaska program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment was submitted by Alaska to address changes made at its own initiative and in response to the required program amendment concerning postmining land use. Alaska intends to revise its program to be consistent with the corresponding Federal regulations and to conform to the drafting manual for the State of Alaska.
Texas Regulatory Program
Document Number: 2019-25186
Type: Rule
Date: 2019-11-20
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposed revisions to its program regarding annual permit fees for calendar years 2017 and 2018. Texas also proposed to remove a restriction in its rules that conflicts with the United States Bankruptcy Code.
Montana Regulatory Program
Document Number: 2019-23514
Type: Rule
Date: 2019-10-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is approving an amendment to the Montana coal regulatory program (the Montana program or the State program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed changes to the Montana program are in response to a 2011 state legislative change, which enacted a new State statutory provision under the Montana Strip and Underground Mine Reclamation Act (MSUMRA). The statutory change, directs the State Board to adopt rules governing underground mining that uses in situ coal gasification. Montana proposes to revise its State program to incorporate the addition and proposes changes to the Administrative Rules of Montana (ARM) pertaining to the regulation of in situ coal gasification operations.
Virginia Regulatory Program
Document Number: 2019-22946
Type: Rule
Date: 2019-10-23
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Virginia regulatory program (the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the Virginia Coal Surface Mining Reclamation Regulations (the State regulations). The changes involve adding a provision to Virginia Administrative Code (VAC) to require Virginia to enter permit information into the Federal Applicant Violator System (AVS) and add a provision to the Virginia program to specify that the final compliance review conducted prior to permit issuance must occur no more than five business days before issuance.
Montana Regulatory Program
Document Number: 2019-22945
Type: Rule
Date: 2019-10-23
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Montana regulatory program (the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposed revisions and additions to the Montana statute, known as the Montana Code Annotated (MCA) about permit application requirements, coal prospecting requirements, annual reporting requirements for coal permittees, and lawsuits related to damages to water supplies. Montana also proposed to revise its regulations, the Administrative Rules of Montana (ARM), to incorporate changes about a new short form coal prospecting permit process.
Mississippi Abandoned Mine Land Reclamation Plan
Document Number: 2019-21722
Type: Proposed Rule
Date: 2019-10-07
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Mississippi Abandoned Mine Land Plan (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes revisions to its Plan to allow its AML program to receive limited liability protection for certain non-coal reclamation projects. Mississippi intends to revise its Plan in order to meet the requirements of SMCRA and the implementing Federal regulations. This document gives the times and locations where the Mississippi Plan and this proposed amendment to that Plan are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Ohio Regulatory Program
Document Number: 2019-19163
Type: Proposed Rule
Date: 2019-09-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Ohio regulatory program, hereinafter the Ohio program, under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio seeks to amend its program by revising a definition involving the transfer, assignment, or sale of permit rights. This document gives the times and locations that the Ohio program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments, on the amendment and the procedures that we will follow for the public hearing, if one is requested.
Colorado Regulatory Program
Document Number: 2019-18697
Type: Rule
Date: 2019-09-03
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Colorado regulatory program (Colorado program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Colorado proposed both additions to and revisions of the rules and regulations of the Colorado Mined Land Reclamation Board for Coal Mining concerning valid existing rights, ownership and control, and other regulatory issues. Additionally, Colorado proposed revisions to and additions of definitions supporting those proposed rule changes. Colorado revised its program to be consistent with SMCRA and the corresponding Federal regulations, clarify ambiguities, address all outstanding required rule changes, and improve operational efficiency.
Closure of Petition for Rulemaking; Use of Explosives on Surface Coal Mining Operations
Document Number: 2019-16125
Type: Proposed Rule
Date: 2019-07-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), withdraw our decision to initiate rulemaking related to the release of emissions generated by blasting on surface coal mining operations. After granting a petition to initiate rulemaking in 2015 without stating the content of the rule we planned to propose, OSMRE has since determined that it lacks statutory authority to establish an air quality standard as urged by petitioners, and that in the rare instances where injury might occur, the Surface Mining Control and Reclamation Act of 1977 (SMCRA), provides adequate mechanisms for enforcement.
Louisiana Abandoned Mine Land Reclamation Plan
Document Number: 2019-14335
Type: Proposed Rule
Date: 2019-07-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Louisiana Abandoned Mine Land Plan (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Louisiana proposes revisions to its Plan to allow its AML program to receive limited liability protection for certain non-coal reclamation projects. Louisiana intends to revise its Plan in order to meet the requirements of SMCRA and the implementing Federal regulations. This document gives the times and locations where the Louisiana Plan and this proposed amendment to that Plan are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Kansas Regulatory Program
Document Number: 2019-14334
Type: Proposed Rule
Date: 2019-07-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposes revisions to its Ownership and Control rules, and additional revisions made for organizational clarity. Kansas intends to revise its program to be as effective as the Federal regulations. This document gives the times and locations where the Kansas program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Notice of Record of Decision for the Coal Hollow Mine Mining Plan
Document Number: 2019-14333
Type: Notice
Date: 2019-07-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces its decision to adopt the Bureau of Land Management's (BLM) Final Environmental Impact Statement (FEIS) for the Alton Coal Tract Lease by Application at the Coal Hollow Mine located in Kane County, UT. In accordance with Section 102 of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality's (CEQ) regulations implementing NEPA, and other applicable authorities, OSMRE has conducted an independent review and evaluation of the BLM's FEIS for the Alton Coal Tract Lease by Application at the Coal Hollow Mine dated July 2018. As a cooperating agency with responsibility for the Federal Lands Program and the preparation of mining plan decision documents for review by the Assistant Secretary for Land and Minerals Management (ASLM), OSMRE provided subject matter expertise to the BLM during the environmental review process. Based on its independent review and evaluation, OSMRE has determined the FEIS, including all supporting documentation, as incorporated by reference, adequately assesses and discloses the environmental impacts for the mining plan, and that adoption of the 2018 FEIS by OSMRE is authorized. Accordingly, OSMRE adopts the 2018 FEIS, and takes full responsibility for the scope and content that addresses the proposed mining plan at Coal Hollow Mine.
Notice of Record of Decision for the Western Energy Company's Rosebud Mine Area F Final Environmental Impact Statement
Document Number: 2019-13778
Type: Notice
Date: 2019-06-28
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Record of Decision (ROD) for the Final Environmental Impact Statement (EIS) for the Western Energy Company's Rosebud Mine Area F (Project) in southeastern Montana. This Notice of Availability (NOA) serves to notify the public that OSMRE has prepared the ROD and it is available for review. In developing the ROD, the OSMRE considered the public comments received on the Final EIS.
Illinois Regulatory Program
Document Number: 2019-12084
Type: Proposed Rule
Date: 2019-06-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period and providing an opportunity for a public hearing on a proposed amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) published on May 1, 2019. The public comment period is being reopened and an opportunity for a public hearing is being provided at the request of three Illinois citizen's organizations. The granting of this request affords the public additional time to provide written comment and the opportunity to request to speak at a public hearing. Illinois proposes revisions to its regulations, including allowing the extraction of coal as an incidental part of a government-financed construction project, revising its Ownership and Control rules, and clarifying land use changes requiring a significant permit revision. Illinois intends to revise its program to be as effective as the Federal regulations. This document gives the times and locations where the Illinois program documents and this proposed amendment to that program are available for your inspection, establishes the new comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Kentucky Regulatory Program
Document Number: 2019-09560
Type: Proposed Rule
Date: 2019-05-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Kentucky regulatory program, (herein referred to as `the Kentucky program'), under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Kentucky seeks to revise its program to include statutory changes that involve civil penalty escrow accounts, civil penalty fund distributions, self-bonding, and major permit revisions related to underground mining. This document gives the times and locations that the Kentucky program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Missouri Abandoned Mine Land Reclamation Plan
Document Number: 2019-09558
Type: Proposed Rule
Date: 2019-05-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Missouri Abandoned Mine Land Reclamation Fund and Abandoned Mine Reclamation and Restoration regulations (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape Reduction Initiative (Executive Order 17- 03), Missouri proposes amendments to its Plan in order to reduce the volume of these regulations without reducing the Plan's requirements. Missouri also proposes revisions to several sections of its Plan to align with the 2006 amendments to SMCRA and the subsequent November 14, 2008, changes to the Federal regulations. This document gives the times and locations where the Missouri Plan and this proposed amendment to that Plan are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Ohio Abandoned Mine Land Program and Plan
Document Number: 2019-09556
Type: Proposed Rule
Date: 2019-05-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Ohio Reclamation Plan (the Ohio Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Ohio seeks to amend its Abandoned Mine Land (AML) program by revising certain statutory provisions and modifying its AML reclamation plan. The revisions involve incorporating changes to SMCRA requirements (i.e., project eligibility and prioritization), eliminating the 50% match requirement for watershed groups, implementing changes to grant administration requirements, updating organizational changes, and incorporating other program changes. This document gives the times and locations that the Ohio program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
North Dakota Regulatory Program
Document Number: 2019-09559
Type: Rule
Date: 2019-05-09
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the North Dakota regulatory program (North Dakota program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment, proposed by North Dakota, makes numerous rule changes to the North Dakota Administrative Code for surface coal mining and reclamation operations based on statutory changes that were made during North Dakota's 2015 Legislative Session. The statutory changes added a definition of ``commercial leonardite'' (oxidized lignite) and excluded commercial leonardite from the statutory definition of ``coal.'' The statutory changes also added the phrase ``and commercial leonardite'' and ``or commercial leonardite'' to many other sections of North Dakota's reclamation statute. The statutory changes necessitated a number of similarly related changes to North Dakota's administrative rules. Finally, some of North Dakota's proposed rule revisions include minor non-substantive grammatical, codification, and statutory citation cross-reference changes. North Dakota's revisions are intended to improve operational efficiency. OSMRE does not have any corresponding statutes or regulations about leonardite, and the changes are consistent with OSMRE policy about leonardite. As such, North Dakota's proposed statutory and regulatory changes add specificity about the regulation of leonardite beyond that contained in SMCRA and the Federal regulations, and we are approving them. OSMRE's approval of North Dakota's proposed statutory and regulatory changes are solely for purposes of complying with SMCRA and may not be viewed as waiving any property interests that the United States may have in leonardite deposits that are part of the federal coal estate in certain lands in North Dakota.
Kansas Abandoned Mine Land Reclamation Plan
Document Number: 2019-09557
Type: Rule
Date: 2019-05-09
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Kansas Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposed revisions to modernize its Plan, which remains largely unchanged since its approval on February 1, 1982, and encompasses the November 14, 2008, changes to the Federal regulations.
Notice of Record of Decision for the San Juan Mine Deep Lease Extension Mining Plan Modification
Document Number: 2019-08869
Type: Notice
Date: 2019-05-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Record of Decision (ROD) for the Westmoreland San Juan Mining, LLC (SJCC) proposed Deep Lease Extension (DLE) at the existing San Juan Mine (Project) in San Juan County, New Mexico. This Notice of Availability (NOA) serves to notify the public that the ROD has been prepared and is available for review. In developing the ROD, the OSMRE considered the public comments received on the Final EIS.
Illinois Regulatory Program
Document Number: 2019-08868
Type: Proposed Rule
Date: 2019-05-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Illinois proposes revisions to its regulations, including allowing the extraction of coal as an incidental part of a government-financed construction project, revising its Ownership and Control rules, and clarifying land use changes requiring a significant permit revision. Illinois intends to revise its program to be as effective as the Federal regulations. This document gives the times and locations where the Illinois program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
Document Number: 2019-08867
Type: Proposed Rule
Date: 2019-05-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a request to remove a required amendment to the Pennsylvania regulatory program, hereinafter the Pennsylvania program, under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania provided a rationale it believes supports its position that an amendment we required related to the timing of the reclamation of temporary storm water control facilities (siltation structures) should be removed. This document gives the times and locations that the Pennsylvania program and this request 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.
Missouri Regulatory Program
Document Number: 2019-08866
Type: Proposed Rule
Date: 2019-05-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape Reduction Initiative (Executive Order 17-03), Missouri proposes amendments and rescissions to its Missouri Coal Mining Regulations in order to reduce the volume of these regulations without reducing the program's requirements. Missouri proposes amendments to multiple sections of its regulations to incorporate by reference the corresponding Federal regulations. Missouri also proposes to rescind multiple sections of its regulations that will be incorporated by reference in the aforementioned proposed amended sections. Missouri intends these revisions to its program to remain as effective as the Federal regulations. This document gives the times and locations where the Missouri program documents and this proposed amendment to that program are available for your inspection, establishes the comment period during which you may submit written comments on the amendment, and describes the procedures that we will follow for the public hearing, if one is requested.
Kentucky Regulatory Program
Document Number: 2019-08864
Type: Proposed Rule
Date: 2019-05-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Kentucky regulatory program, hereinafter the Kentucky program, under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Kentucky seeks to revise its program to include statutory changes that remove the requirement to permit the area overlying underground mine works and amend related public notification requirements. Kentucky also seeks to revise or add administrative regulations that implement the statutory changes, define necessary terms, prescribe how underground permitting would be addressed moving forward, remove the requirement to submit a preliminary application, and update required forms. This document gives the times and locations that the Kentucky program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
West Virginia Regulatory Program
Document Number: 2019-06826
Type: Proposed Rule
Date: 2019-04-08
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On May 3, 2017, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE to modify its pre- blasting survey requirements, bond release and bonding requirements, and to modify disbursements from the Water Reclamation Trust Fund. This document gives the times and locations that the West Virginia program and this proposed amendment are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
West Virginia Regulatory Program
Document Number: 2019-06494
Type: Proposed Rule
Date: 2019-04-03
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act (SMCRA or the Act). On June 14, 2016, West Virginia Department of Environmental Protection (WVDEP) submitted a program amendment to OSMRE that includes regulatory revisions, authorized under the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), relating to bonding requirements for operations seeking permit renewals, topsoil, inactive status, and contemporaneous reclamation. This document gives the times and locations that the West Virginia program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Ohio Regulatory Program
Document Number: 2019-06492
Type: Proposed Rule
Date: 2019-04-03
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Ohio seeks to revise its program to require permit applications to list all unabated ``violation notices,'' as that term is defined in the approved program. This change is necessary to be consistent with the Federal regulations. This document gives the times and locations that the Ohio program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
Document Number: 2019-06490
Type: Proposed Rule
Date: 2019-04-03
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania seeks to revise its regulatory program regulations that involve remining operations with pollutional discharges. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Pennsylvania Regulatory Program
Document Number: 2019-06489
Type: Proposed Rule
Date: 2019-04-03
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania seeks to revise its regulatory program to include statutory provisions that permit reclamation bond coverage for no cost to surface mining operators who remine and then reclaim the area with biofuel crops and establish a Land Reclamation Financial Guarantee program that provides for land reclamation financial guarantees as a form of reclamation bond. Implementing regulations are also included. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Civil Monetary Penalty Inflation Adjustments
Document Number: 2019-05507
Type: Rule
Date: 2019-03-22
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), and Office of Management and Budget (OMB) guidance, this rule adjusts for inflation the level of civil monetary penalties assessed under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
Notice of Record of Decision for the West Elk Mine Mining Plan Modification
Document Number: 2019-04839
Type: Notice
Date: 2019-03-15
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces its decision to adopt the U.S. Forest Service (USFS) Supplemental Final Environmental Impact Statement (SFEIS) for Federal Coal Lease Modifications COC-1362 and COC-67232 (including on-lease exploration plan) at the West Elk Mine located in Gunnison County, CO. In accordance with Section 102 of the National Environmental Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's (``CEQ'') regulations implementing NEPA, and other applicable authorities, OSMRE has conducted an independent review and evaluation of the USFS's SFEIS for Federal Coal Lease Modifications COC-1362 and COC-67232 (including on-lease exploration plan) at the West Elk Mine dated August 2017. As a cooperating agency with responsibility for the Federal Lands Program and the preparation of mining plan decision documents for review by the Assistant Secretary for Land and Minerals Management (ASLM), OSMRE provided subject matter expertise to the USFS during the environmental review process. Based on its independent review and evaluation, OSMRE has determined the SFEIS, including all supporting documentation, as incorporated by reference, adequately assesses and discloses the environmental impacts for the mining plan modification, and that adoption of the 2017 SFEIS by OSMRE is authorized under 40 CFR 1506.3, Adoption. Accordingly, OSMRE adopts the 2017 SFEIS, and takes full responsibility for the scope and content that addresses the proposed mining plan modification at West Elk Mine. Documents are available on OSMRE's website: https://www.wrcc.osmre.gov/ westElkMine.shtm.
Notice of Availability for the San Juan Mine Deep Lease Extension Mining Plan Modification Final Environmental Impact Statement
Document Number: 2019-04833
Type: Notice
Date: 2019-03-15
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Final Environmental Impact Statement (EIS) for the San Juan Coal Company's (SJCC) proposed Deep Lease Extension (DLE) at the existing San Juan Mine (Project) in San Juan County, New Mexico. This Notice of Availability (NOA) serves to notify the public that the Final EIS has been prepared and is available for review. In developing the Final EIS, the OSMRE considered the public comments received on the Draft EIS.
Grant Notification for Fiscal Year 2019
Document Number: 2019-03963
Type: Notice
Date: 2019-03-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
We, the Office of Surface Mining Reclamation and Enforcement, are notifying the public that we intend to grant funds to eligible applicants for purposes authorized under the Title IV Abandoned Mine Land Reclamation Program and the Title V Regulatory Program under the Surface Mining Control and Reclamation Act of 1977. We will award these grants during fiscal year 2019.
Agency Information Collection Activities: Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information
Document Number: 2018-26965
Type: Notice
Date: 2018-12-13
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our intention to request renewed approval from the Office of Management and Budget (OMB) to continue collecting information for Permit ApplicationsMinimum Requirements for Legal, Financial, Compliance, and Related Information. The information collection request describes the nature of the information collection and its expected burden and cost.
Agency Information Collection Activities: Nomination and Request for Payment Form for OSMRE's National Technical Training Courses
Document Number: 2018-26426
Type: Notice
Date: 2018-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are announcing our intention to request renewed approval for the collection of information which is used to identify and evaluate the training courses requested by students to enhance their job performance, to calculate the number of classes and instructors needed to complete OSMRE's technical training mission, and to estimate costs to the training program.
Agency Information Collection Activities: Exemption for Coal Extraction Incidental to the Extraction of Other Minerals
Document Number: 2018-26425
Type: Notice
Date: 2018-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our intention to request renewed approval for the collection of information which implements the requirement in Section 701(28) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This grants an exemption from the requirements of SMCRA to operators extracting not more than 16 \2/3\ percentage tonnage of coal incidental to the extraction of other minerals. This information will be used by the regulatory authorities to make that determination.
Agency Information Collection Activities: Requirements for Permits and Permit Processing
Document Number: 2018-26424
Type: Notice
Date: 2018-12-06
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our intention to request renewed approval for the collection of information for permits and permit processing. This information collection also authorizes the collection of permit processing fees approved under OSMRE regulations.
Notice of Availability of the Western Energy Company's Rosebud Mine Area F Final Environmental Impact Statement; S1D1S SS08011000 SX064A000 190S180110; S2D2S SS08011000 SX064A000 19XS501520
Document Number: 2018-26042
Type: Notice
Date: 2018-11-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Final Environmental Impact Statement (EIS) for the Western Energy Company's Rosebud Mine Area F (Project) in southeastern Montana. This notice is announcing its availability. The Montana Department of Environmental Quality (DEQ) is a co-lead on this EIS process.
Agency Information Collection Activities: OSM-76-Abandoned Mine Land Problem Area Description Form
Document Number: 2018-23305
Type: Notice
Date: 2018-10-25
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our intention to request renewed approval for the collection of information which is used to update the Office of Surface Mining Reclamation and Enforcement's electronic inventory of abandoned mine lands (e-AMLIS). From this inventory, the most serious problem areas are selected for reclamation through the apportionment of funds to States and Indian tribes.