Office of Surface Mining Reclamation and Enforcement September 2012 – Federal Register Recent Federal Regulation Documents

We are reopening and extending the public comment period and will be holding two public hearings on the proposed amendment to the Commonwealth of Pennsylvania's approved regulatory program (the ``Pennsylvania program'') published on July 11, 2012. The comment period is being reopened and extended in order to afford the public more time to comment and to allow ample time to conduct two public hearings. This extension was requested by the Citizens Coal Council and the Environmental Integrity Project. We are also notifying the public of the date, time, and locations for the public hearing. Pennsylvania is introducing beneficial use of coal ash into the Pennsylvania statutory scheme via Pennsylvania's Solid Waste Management Act (``SWMA''), the Clean Streams Law (``CSL''), the Surface Mining Conservation and Reclamation Act, and the Administrative Code. Pennsylvania intends to revise its approved program pursuant to the additional flexibility afforded by the revised Federal regulations and SMCRA, as amended, to ensure Pennsylvania's proposed provision is consistent with and in accordance with SMCRA and the corresponding regulations.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Mississippi regulatory program (Mississippi Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes revisions to its regulations regarding: definitions; identification of interests; lands eligible for remining; permit eligibility determination; review of permit applications; eligibility for provisionally issued permits; criteria for permit approval or denial; initial review and finding requirements for improvidently issued permits; notice requirements for improvidently issued permits; suspension or rescission requirements for improvidently issued permits; unanticipated events or conditions at remining sites; verification of ownership or control application information; who may challenge ownership or control listings and findings; how to challenge an ownership or control listing or finding; burden of proof for ownership or control challenges; written agency decision on challenges to ownership or control listings or findings; post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information; post-permit issuance requirements for permittees; backfilling and grading: previously mined areas; and alternative enforcement. Mississippi intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency. This document gives the times and locations of the Mississippi 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.

We are announcing our intent to remove two required amendments to the Kentucky regulatory program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of OSM's review of the Kentucky program concerning its regulations and procedures relating to Ownership and Control, and Transfer, Assignment or Sale of Permit Rights, OSM has determined that two previously required amendments can be removed. Kentucky's program with regard to Ownership and Control, and Transfer, Assignment, or Sale of Permit Rights, is now consistent with the corresponding Federal regulations and SMCRA. This document gives the times and locations that the Kentucky program is 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.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Arkansas regulatory program (Arkansas program) and the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposes to revise substantial portions of its regulatory program and abandoned mine land reclamation plan, make grammatical changes, correct punctuation, revise dates, and delete and add citations. The proposed amendment consists of substantive changes to Arkansas's regulations regarding: Subchapter AGeneral; Subchapter FAreas Unsuitable for Mining; Subchapter GSurface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems; Subchapter JBond and Insurance Requirements for Surface Coal Mining and Reclamation Operations; Subchapter KState Program Performance Standards; Subchapter LState Program Inspection and Enforcement Procedures; Subchapter MTraining Programs for Blasters and Members of Blasting Crews, and Certification Programs for Blasters; and Subchapter R Abandoned Mine Land Reclamation. This document provides the times and locations that the Arkansas program, Arkansas plan, and this proposed amendment are available for your review; 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.

We are announcing receipt of a proposed amendment to the Utah regulatory program (hereinafter, the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Utah proposes revisions and additions of rules pertaining to ownership and control. Utah intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Utah program and 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.