Office of Surface Mining Reclamation and Enforcement – Federal Register Recent Federal Regulation Documents
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West Virginia Regulatory Program
We 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) that includes both statutory and regulatory revisions.
Wyoming Regulatory Program
We are issuing a final decision on an amendment to the Wyoming regulatory program (the ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Our decision approves in part, disapproves in part and defers in part the amendment. Wyoming proposed revisions to and additions of rules concerning self-bonding requirements (Administrative Record No. WY-40- 01) under SMCRA (30 U.S.C. 1201 et seq.). Wyoming sent the amendment to reflect changes made at its own initiative. Wyoming intends to revise its program to increase the flexibility of its self-bonding program and at the same time not increase the risk to the State.
Notice of Proposed Information Collection for 1029-0051
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information for 30 CFR part 840Permanent Program Inspection and Enforcement Procedures. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned control number 10290051.
Notice of Proposed Information Collection for 1029-0094
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR part 700General, has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and its expected burden and cost.
Notice of Proposed Information Collection for 1029-0115
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek renewed approval for the collection of information for 30 CFR part 773.
Notice of Proposed Information Collection for 1029-0027
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek renewed authority to collect information for 30 CFR Part 740 which relates to surface coal mining and reclamation operations on Federal lands. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.
Utah Regulatory Program
We are approving an amendment to the Utah regulatory program (the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Utah proposed revisions to and additions of rules about the sealing of wells and boreholes, Division of Oil, Gas and Mining (``Division'' or ``DOGM'') responsibilities when requesting additional information during permit reviews, and the definition of intermittent stream. Utah is revising its program to be consistent with the corresponding Federal regulations, to achieve greater scientific accuracy, and to improve operational efficiency.
Information Quality Guidelines Pursuant to Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001
This is a Notice of Availability of the amended Information Quality guidelines of the Office of Surface Mining Reclamation and Enforcement (OSM). OSM's amended guidelines implement the Information Quality guidelines published by the Office of Management and Budget (OMB) in the Federal Register. The OMB guidelines directed Federal agencies to issue and implement guidelines to ensure and maximize the quality, objectivity, utility, and integrity of Government information disseminated to the public. Accordingly, OSM is amending its Information Quality Guidelines in order to provide current information about the title of the Information Quality contact. We are making no other substantive changes. We are making minor, non-substantive editorial and technical corrections. The corrected guidelines are available on the OSM Internet Web site at: https://www.osmre.gov/ guidance/osm_info_quality.shtm.
Notice of Proposed Information Collection for 1029-0110
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for two technical training program course effectiveness evaluation forms. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.
Notice of Proposed Information Collection for 1029-0098
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information under 30 CFR Part 769Petition process for designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029- 0098.
Montana Regulatory Program
We are announcing the receipt of revisions pertaining to a previously proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes additions of rules and revisions to the Administrative Rules of Montana (ARM) concerning Normal Husbandry Practices. Montana intends to revise its program to improve operational efficiency.
Montana Regulatory Program
We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes revisions to the statute, the Montana Code Annotated (MCA), about determination of revegetation success and final bond release. Montana intends to revise its program to improve operational efficiency.
West Virginia Regulatory Program
We are approving, on an interim basis, an 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). West Virginia revised its Surface Coal Mining and Reclamation Act to effect changes concerning its alternative bonding system. The tax provisions of the amendment are intended to increase and extend the special reclamation tax, subject to biennial review by the legislature, and remove the additional tax. We are approving the increase and extension of the special reclamation tax, at the rate of fourteen and four-tenths cents per ton of clean coal mined, for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund, on an interim basis, with our approval becoming effective upon publication of this interim rule.
Notice of Proposed Information Collection for 1029-0119
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information for 30 CFR 874.16contractor eligibility, and the Abandoned Mine Land Contractor Information form. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0119.
Civil Monetary Penalties
This rule adjusts the penalty amount of certain civil monetary penalties authorized by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 which requires that civil monetary penalties be adjusted for inflation at least once every four years.
Utah Regulatory Program
We are announcing the 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 to delete repeal dates for statutory provisions pertaining to permit eligibility and revegetation requirements on lands eligible for remining. Utah intends to revise its program to remain consistent with the Federal Program under SMCRA.
Failure to Demonstrate Valid Existing Rights for Land Within the Daniel Boone National Forest
This notice announces our decision on a request for a determination of valid existing rights (VER) under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We (OSM) have determined that, based upon the information provided, the applicant has not demonstrated the existence of VER on the Jack Smith, et al. property within the boundaries of the Daniel Boone National Forest in Clay County, Kentucky.
Notice of Proposed Information Collection for 1029-0094
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek the Office of Management and Budget (OMB) approval to continue the collection of information for 30 CFR part 700General. This information collection activity was previously approved by OMB and assigned clearance number 1029-0094. We may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
Notice of Proposed Information Collection for 1029-0061
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for 30 CFR part 795Permanent Regulatory ProgramSmall Operator Assistance Program (SOAP). This collection request has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.
Notice of Proposed Information Collection for 1029-0027
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collections of information under 30 CFR Part 740, Surface Coal Mining and Reclamation Operations on Federal Lands. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance numbers 1029-0027.
Notice of Proposed Information Collection for 1029-0103
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request regarding noncoal reclamation, found at 30 CFR Part 875, has been forwarded to the Office of Management and Budget (OMB) for renewed approval. The information collection request describes the nature of the information collection and the expected burden and cost.
Pennsylvania Regulatory Program
We recently approved an amendment to the Pennsylvania regulatory program (the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The changes related to blasting for the development of shafts for underground mines and other changes to the blasting regulations in the Pennsylvania program. After our approval of the amendment, the Pennsylvania Department of Environmental Protection (PADEP) requested a clarification of our findings in support of that approval. Therefore, OSM is publishing a clarification of our previous findings.
Notice of Proposed Information Collection for 1029-0025
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for 30 CFR Part 733Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs, has been forwarded to the Office of Management and Budget (OMB) for review and approval. This information collection request describes the nature of the information collection and its expected burden and cost.
Notice of Proposed Information Collection for 1029-0110
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information for two technical training program course effectiveness evaluation forms. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0110.
Ohio Regulatory Program
We are announcing receipt of an amendment to the Ohio regulatory program (the ``Ohio program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio has submitted changes to its regulations as a result of its five-year review of Ohio's internal and procedural rules. Changes relate to practice and procedures before the reclamation commission, including definitions, commission meetings, appearance and practice before the commission; appeals to the reclamation commission; filing and service of papers; temporary relief; responsive pleadings; discovery; motions; pre-hearing procedures; notice of hearings and continuance of hearings; site views and location of hearings; conduct of evidentiary hearings; reports and recommendations of the hearing officer; and decisions of the commission.
Virginia Regulatory Program
We are reopening the public comment period on a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Since the close of the comment period, Virginia revised its regulations pertaining to Valid Existing Rights (VER) and made other minor wording and organizational changes. Virginia intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA and is responding, in part, to 30 CFR Part 732 letters.
Pennsylvania Regulatory Program
We are reinstating a requirement for the Pennsylvania regulatory program (the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The requirement deals with documentation for the bonding provisions of the Pennsylvania program.
Notice of Proposed Information Collection for 1029-0061
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information under 30 CFR Part 795Permanent Regulatory Program Small Operator Assistance Program (SOAP). This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0061.
Notice of Proposed Information Collection for 1029-0035
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for the title described below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and its expected burden and cost.
Notice of Proposed Information Collection for 1029-0103
In compliance with the Paperwork Reduction Act of 1996, the Office of Surface Mining (OSM) is announcing its intention to renew its authority for the collection of information for 30 CFR Part 875 Noncoal Reclamation.
Notice of Proposed Information Collection for 1029-0025
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for 30 CFR Part 733Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs.
Pennsylvania Regulatory Program
We, the Office of Surface Mining (OSM), are announcing the withdrawal of a proposed rule pertaining to a request to delete a required amendment related to the Pennsylvania regulatory program (the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania requested that a required amendment pertaining to regulatory exemptions for coal extraction incidental to the extraction of other minerals be removed.
Notice of Proposed Information Collection for 1029-0059
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for 30 CFR Part 735Grants for Program Development and Administration and Enforcement, 30 CFR Part 885Grants for Certified States and Indian Tribes, and 30 CFR Part 886State and Tribal Reclamation Grants. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.
Pennsylvania Regulatory Program
We are announcing receipt of an amendment to the Pennsylvania regulatory program (the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). In response to a required program amendment codified in the Federal regulations and to a subsequent notification by letter, Pennsylvania has submitted changes to its regulations involving definitions; permit and reclamation fees; and the use of money and has provided additional descriptions, assurances, and supporting information to ensure that the reclamation of all sites that were bonded under its previous Alternative Bonding System (ABS) will be provided for under the approved Pennsylvania program and consistent with Federal regulations at 30 CFR Part 800. This document gives the times and locations that the Pennsylvania 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.
Oklahoma Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma is proposing revisions to the Appeals procedures in section 460:20-5-13, Appeals board in section 460:20-5-14, and Notice of violations in section 460:20-59-4. This document gives the times and locations that the Oklahoma program and proposed amendments 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 will be followed for the public hearing, if one is requested.
Montana Regulatory Program
We 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 to its statute as discussed in SUPPLEMENTARY INFORMATION, II. Proposed Amendment, to clarify ambiguities and improve operational efficiency.
West Virginia Regulatory Program
We are approving two proposed amendments to the West Virginia regulatory program related to the State's cumulative hydrologic impact assessment (CHIA) process and regarding material damage to the hydrologic balance. The West Virginia Department of Environmental Protection (WVDEP) proposed to delete its existing definition of ``cumulative impact.'' The WVDEP also proposed to amend its regulation outlining CHIA requirements by adding a sentence defining ``material damage to the hydrologic balance outside the permit area.'' We are approving both proposed amendments.
Notice of Proposed Information Collection for 1029-0043
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for the title described below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost for 30 CFR 800, Bonding and insurance requirements for surface coal mining and reclamation operations under regulatory programs.
Request for Determination of Valid Existing Rights Within the Daniel Boone National Forest, Kentucky
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are providing opportunity for the public to comment on a request for a determination of valid existing rights (VER) to use an existing Forest Service road as a coal mine access and haul road across Federal lands within the boundaries of the Daniel Boone National Forest in Leslie County, Kentucky. The remainder of the mine would be located on privately owned land.
Notice of Proposed Information Collection for 1029-0035 and 1029-0038
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek continued approval for two collections of information which we are consolidating into one collection activity: 30 CFR Parts 779 and 783Surface and Underground Mining Permit ApplicationsMinimum Requirements for Information on Environmental Resources.
Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are amending our regulations concerning stream buffer zones, stream-channel diversions, siltation structures, impoundments, excess spoil, and coal mine waste. Among other things, this rule requires that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. We have revised the stream buffer zone rule to more closely reflect the underlying provisions of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), to adopt related permit application requirements, to require that disturbance of perennial and intermittent streams and their buffer zones generally be avoided unless it is not reasonably possible to do so, to identify exceptions to the requirement to maintain an undisturbed buffer zone for perennial and intermittent streams, and to clarify the relationship between SMCRA and the Clean Water Act.
Mississippi Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposed revisions to its regulations and statute regarding ``valid existing rights'' as they pertain to designation of lands as unsuitable for surface coal mining operations. Mississippi intends to revise its program to be consistent with SMCRA.
Notice of Proposed Information Collection for 1029-0112
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR Part 772Requirements for Coal Exploration has been submitted to the Office of Management and Budget (OMB) for review and approval. This information collection request describes the nature of the information collection and the expected burden and cost for 30 CFR Part 772.
Notice of Proposed Information Collection for 1029-0111
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR Part 761Areas Designated by Act of Congress, has been submitted to the Office of Management and Budget (OMB) for review and approval. This information collection request describes the nature of the information collection and the expected burden and cost for 30 CFR Part 761.
Pennsylvania Regulatory Program
We are approving an amendment to the Pennsylvania regulatory program (the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The revisions relate to blasting for the development of shafts for underground mines and to blasting regulations in 25 Pa. Code Chapters 87, 88, 89, and 210.
Kansas Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving amendments to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposed revisions to its 2006 Revegetation Success Guidelines, Normal Husbandry Practices, and State Regulations. Kansas intends to revise its program to improve operational efficiency.
New Mexico Regulatory Program
We are approving an amendment to the New Mexico regulatory program (the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). New Mexico is proposing additions to and revisions of the New Mexico Administrative Code (NMAC) to improve and clarify the public notification process during permitting actions, to correct outdated citations, and to comply with formatting requirements for New Mexico administrative law. The revisions also include non-substantive editorial changes. New Mexico revised its program to provide additional safeguards, clarify ambiguities, and achieve stylistic consistency.
Abandoned Mine Land Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are revising our regulations for the Abandoned Mine Reclamation Fund (Fund) and the Abandoned Mine Land (AML) program. This rule revises our regulations to be consistent with the Tax Relief and Health Care Act of 2006, Public Law 109-432, signed into law on December 20, 2006, which included the Surface Mining Control and Reclamation Act Amendments of 2006 (the 2006 amendments). The rule reflects the extension of our statutory authority to collect reclamation fees for an additional fourteen years and to reduce the fee rates. The rule also updates the regulations in light of the statutory amendments that change the activities State and Tribal reclamation programs may perform under the AML program, funding for reclamation grants to States and Indian tribes, and transfers to the United Mine Workers of America (UMWA) Combined Benefit Fund (CBF), the UMWA 1992 Benefit Plan, and the UMWA Multiemployer Health Benefit Plan (1993 Benefit Plan). Finally, our rule extends incentives reauthorized by the 2006 amendments pertaining to the remining of certain lands and water adversely affected by past mining.
Montana Regulatory Program
We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes additions of rules and revisions to the Administrative Record of Montana (ARM) concerning Normal Husbandry Practices. Montana intends to revise its program to improve operational efficiency. This document gives the times and locations that the Montana 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.
Black Mesa Project Final Environmental Impact Statement, OSM-EIS-033
The Office of Surface Mining Reclamation and Enforcement (we or OSM), as lead Federal agency, announces the availability of the final environmental impact statement (EIS) for the proposed Black Mesa Project. The proposed project consists of Peabody Western Coal Company's (Peabody's) operation and reclamation plans for coal mining at the Black Mesa Complex near Kayenta, Arizona.
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