Office of Surface Mining Reclamation and Enforcement – Federal Register Recent Federal Regulation Documents
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Notice of Availability of the Western Energy Company's Rosebud Mine Area F Draft Environmental Impact Statement
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 Draft Environmental Impact Statement (EIS) for the Western Energy Company's Rosebud Mine Area F (Project) in southeastern Montana and by this notice is announcing the opening of the comment period. The Montana Department of Environmental Quality (DEQ) is a co-lead on this EIS process.
Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Abandoned Mine Reclamation Funds
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 with revisions relating to abandoned mine reclamation funds.
Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Subsidence Insurance Program Grants
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 relating to Subsidence insurance program grants.
Oklahoma Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposed revisions to its regulations regarding: Permit eligibility for permits with violations on lands eligible for remining; permit suspension or rescission posting locations and appeal procedures; requiring GPS coordinates for aspects of permit maps; topsoil removal distances; blasting records requirements; annual reporting requirements; temporary cessation of operations requirements; casing and sealing temporary underground openings; right of entry requirements; surface drainage associated with auger mining; correcting reference errors; updating addresses; and correcting spelling and grammatical errors. Oklahoma intended to revise its program to be no less effective than the Federal regulations and to improve operational efficiency.
Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Fee Collection and Coal Production Reporting and Form OSM-1, Coal Reclamation Fee Report
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 relating to the Abandoned Mine Reclamation FundFee Collection and Coal Production Reporting.
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 and disapproves in part the amendment. Wyoming proposes both revisions of and additions to its coal rules and regulations concerning ownership and control, adds a provision concerning variable topsoil depths during reclamation, and addresses four deficiencies that were identified by the Office of Surface Mining Reclamation and Enforcement (OSMRE) during the review of a previous program amendment (WY-038-FOR; Docket ID No. OSM-2009-0012). Wyoming revised its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and improve operational efficiency.
Agency Information Collection Activities: Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan
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 for requirements for reclamation and operation plans.
Agency Information Collection Activities: Requirements for Coal Exploration
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 for requirements for coal exploration.
Agency Information Collection Activities: Requirements for Permits for Special Categories of Mining
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 for requirements for permits for special categories of mining.
Texas Regulatory Program
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 regulations regarding annual permit fees. Texas revised its program at its own initiative to raise revenues sufficient to cover its anticipated share of costs to administer the coal regulatory program and to encourage mining companies to more quickly reclaim lands and request bond release, thereby fulfilling SMCRA's purpose of assuring the reclamation of mined land as quickly as possible.
Congressional Nullification of the Stream Protection Rule Under the Congressional Review Act
By operation of the Congressional Review Act, the Stream Protection Rule shall be treated as if it had never taken effect. The Office of Surface Mining Reclamation and Enforcement issues this document to effect the removal of any amendments, deletions or other modifications made by the nullified rule, and the reversion to the text of the regulations in effect immediately prior to the effective date of the Stream Protection Rule.
Kentucky Regulatory Program
We are approving an amendment to the Kentucky regulatory program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky submitted a proposed amendment to OSMRE that includes revisions to the Kentucky Revised Statutes (KRS) as authorized by House Bill 385 (HB 385), regarding bonding of surface coal mining and reclamation operations.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Federal Inspections and Monitoring
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 to request continued approval to collect and process citizen complaints and requests for inspection.
Indiana Abandoned Mine Land Reclamation Plan
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Indiana Abandoned Mine Land Reclamation (AML) Plan (Indiana Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Updates to the Indiana Plan were proposed to be consistent with changes required by the 2006 amendment to SMCRA.
Grant Notification for Fiscal Year 2018
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 Abandoned Mine Land (AML) Reclamation Program. Additionally, we are notifying the public that we intend to grant funds to eligible applicants for regulating coal mining within their jurisdictional borders under the Regulatory Program. We will award these grants during fiscal year 2018.
Agency Information Collection Activities: OMB Control Number 1029-0039; Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for Underground Mining Permit ApplicationsMinimum Requirements for Reclamation and Operation Plans.
Agency Information Collection Activities: OMB Control Number 1029-0107; Subsidence Insurance Program Grants
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information relating to Subsidence Insurance Program Grants.
Agency Information Collection Activities: Permanent Program Performance Standards-Surface and Underground Mining Activities
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for the permanent program performance standardssurface mining activities and underground mining activities.
Agency Information Collection Activities: OMB Control Number 1029-0063; Abandoned Mine Reclamation Fund-Fee Collection and Coal Production Reporting and Form OSM-1, Coal Reclamation Fee Report
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the continued collection of information for the Abandoned Mine Reclamation FundFee Collection and Coal Production Reporting and the form it implements, the OSM-1, Coal Reclamation Fee Report. This collection was previously approved by the Office of Management and Budget (OMB) and assigned control number 1029-0063.
Agency Information Collection Activities: OMB Control Number 1029-0054; Abandoned Mine Reclamation Funds
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed authority for the collection of information relating to abandoned mine reclamation funds.
Agency Information Collection Activities: OMB Control Number 1029-0083; Certification of blasters in Federal Program States and on Indian Lands
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval to collect information for the certification of blasters in Federal program states and on Indian lands, and the related form.
Agency Information Collection Activities: OMB Control Number 1029-0091; Requirements for Surface Coal Mining and Reclamation Operations on Indian Lands
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for the requirements for surface coal mining and reclamation operations on Indian lands 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, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment revises the Pennsylvania program to further define the implementation process for the reclamation of alternative bonding system (ABS) ``Legacy Sites,'' and to clearly identify the current list of Legacy Sites, as well as sites that may qualify in the future as Legacy Sites.
Agency Information Collection Activities: OMB Control Number 1029-0118; Federal Inspections and Monitoring
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request continued approval for the collection of information which relates to a citizen's written request for a Federal inspection.
Agency Information Collection Activities: OMB Control Number 1029-0067; Restriction on Financial Interests of State Employees
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for the restriction on financial interests of State employees has been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. The information collection package was previously approved and assigned clearance number 1029-0067. This notice describes the nature of the information collection activity and the expected burden and cost.
Agency Information Collection Activities: OMB Control Number 1029-0114; Technical Evaluation Surveys
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for its Technical Evaluation customer surveys 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. The OMB control number for this collection of information is 1029-0114 and is on the forms as well as the expiration date.
Agency Information Collection Activities: OMB Control Number 1029-0055; Rights of Entry
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for states or Indian tribes, pursuant to an approved reclamation program, to use police powers, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available. The collection described below 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 burdens and costs.
Notice of Proposed Information Collection for 1029-0024
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for the Procedures and Criteria for Approval or Disapproval of State Program Submissions, 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.
Alabama Abandoned Mine Land Reclamation Plan
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Alabama Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to modernize its Plan, which remains largely unchanged since its approval on May 20, 1982, and encompass the November 14, 2008, changes to the Federal regulations. This document gives the times and locations that the Alabama Plan and proposed amendment to that plan 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.
Notice of Proposed Information Collection; Request for Comments for 1029-0091
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request continued approval for the collection of information associated with surface coal mining and reclamation operations on Indian lands.
Virginia Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Virginia regulatory program (the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Virginia seeks to revise its program regulations to require Virginia to enter permit information into the Applicant Violator System (AVS) database upon receipt of a complete permit application and require Virginia to conduct a final compliance review between the application approval and permit issuance. This document gives the times and locations that the 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.
North Dakota Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the North Dakota regulatory program (North Dakota program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposes numerous rule changes to the North Dakota Administrative Code for surface coal mining and reclamation operations and reclamation law changes that were made during North Dakota's 2015 Legislative Session. The law changes added a definition of ``commercial leonardite'' and excluded oxidized lignite (leonardite) from the statutory definition of ``coal.'' The law changes also added the phrase ``or commercial leonardite'' to many other sections of the reclamation law. North Dakota intends to revise its program to improve operational efficiency. This document gives the times and locations that the North Dakota 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.
Notice of Intent To Initiate Public Scoping and Prepare an Environmental Impact Statement for the San Juan Mine Deep Lease Extension Mining Plan Modification
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are notifying the public that we intend to prepare a draft environmental impact statement (EIS) to evaluate the impacts of alternatives relating to the San Juan Coal Company's proposed mining plan modification for the Deep Lease Extension (DLE). The EIS will analyze the direct, indirect, and cumulative impacts of the Company's DLE mining plan modification, Federal Coal Lease NM-99144, at the existing San Juan Mine. The EIS will also analyze the effects of coal combustion at the Public Service Company of New Mexico's San Juan Generating Station (SJGS or the Generating Station). OSMRE is soliciting public comments on the proposed Project, scope of the EIS, and the significant issues that should be analyzed in the EIS.
Pennsylvania Regulatory Program
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 program to further define the implementation process for the reclamation of alternative bonding system (ABS) ``Legacy Sites'', and to clearly identify the current list of Legacy Sites, as well as sites that may qualify in the future as Legacy Sites. 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.
Notice of Proposed Information Collection; Request for Comments for 1029-0055
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for Rights of Entry.
Notice of Proposed Information Collection; Request for Comments for 1029-0067
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed authority for the collection of information for the Form OSM-23, Restriction on financial interests of state employees and its associated regulations. The Office of Management and Budget (OMB) previously approved the collection and assigned it clearance number 1029-0067.
Notice of Proposed Information Collection; Request for Comments for 1029-0114
In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed authority to collect information for a series of customer surveys to evaluate OSMRE's performance in meeting the performance goals outlined in its annual plans developed pursuant to the Government Performance and Results Act (GPRA). The Office of Management and Budget (OMB) previously approved the collection and assigned it clearance number 1029-0114.
Notice of Proposed Information Collection; Request for Comments for 1029-0116
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, has been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. The information collection package was previously approved and assigned control number 1029-0116. This notice describes the nature of the information collection activity and the expected burdens.
Civil Monetary Penalty Inflation Adjustments
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 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 Proposed Information Collection; Request for Comments for 1029-0024
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for the Procedures and Criteria for Approval or Disapproval of State Program Submissions.
Stream Protection Rule
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are revising our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This final rule will better protect water supplies, surface water and groundwater quality, streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We have revised our regulations to define ``material damage to the hydrologic balance outside the permit area'' and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. Approximately thirty percent of the final rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.
Notice of Proposed Information Collection; Request for Comments for 1029-0113
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for General Reclamation Requirements, 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; Request for Comments for 1029-0049
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for 30 CFR 822 Special Permanent Program Performance StandardsOperations in Alluvial Valley Floors, has been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. The information collection package was previously approved and assigned control number 1029-0049. This notice describes the nature of the information collection activity and the expected burdens.
Stream Protection Rule; Final Environmental Impact Statement
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), announce the availability of the Final Environmental Impact Statement (FEIS) for the Stream Protection Rule developed pursuant to the National Environmental Policy Act (NEPA).
North Cumberland Wildlife Management Area, Tennessee Lands Unsuitable for Mining Final Petition Evaluation Document and Environmental Impact Statement OSM-EIS-37
The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces that the final Petition Evaluation Document and Environmental Impact Statement (PED/EIS) for the North Cumberland Wildlife Management Area Petition to Find Certain Lands Unsuitable for Surface Coal Mining Operations is available for public review and comment.
Alabama Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions to its Program to closely follow the Federal regulations regarding awarding of appropriate costs and expenses including attorneys' fees. Alabama is revising its program to be no less effective than the Federal regulations.
Action Subject to Intergovernmental Review
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 Abandoned Mine Land (AML) Reclamation Program. Additionally, we are notifying the public that we intend to grant funds to eligible applicants for regulating coal mining within their jurisdictional borders under the Regulatory Program. We will award these grants during fiscal year 2017.
Notice of Proposed Information Collection; Request for Comments for 1029-0030
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval for the collection of information for State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations. 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; Request for Comments for 1029-0116
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request renewed approval from the Office of Management and Budget (OMB) to continue the collection of information for the Revisions; Renewals; and Transfer, Assignment, or Sale of Permit Rights.
Petition To Initiate Rulemaking; Ensuring That Companies With a History of Financial Insolvency, and Their Subsidiary Companies, Are Not Allowed To Self-Bond Coal Mining Operations
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing our final decision on a petition for rulemaking that was submitted by WildEarth Guardians. The petition requested that we revise our current regulations to better ensure that self-bonded companies provide sufficient information to guarantee that reclamation obligations are adequately met and that the self-bonded entity is financially solvent. The Director has decided to grant the petition, although we do not intend to propose the specific rule changes requested in the petition. We will initiate a rulemaking to address this issue as discussed more fully below.
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