[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Proposed Rules]
[Pages 22607-22609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10483]


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DEPARTMENT OF INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 938

[SATS No. PA-165-FOR; Docket ID: OSM-2016-0013; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Pennsylvania Abandoned Mine Land Reclamation Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the 
Pennsylvania Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, 
the Plan) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Through this proposed amendment, Pennsylvania would 
modify its AMLR Plan by adding Reclamation Plan Amendment No. 3, to 
allow the Pennsylvania Department of Environmental Protection (PADEP) 
to administer a State Emergency Program under Title IV of the Surface 
Mining Control and Reclamation Act of 1977. The plan covers 
coordination of emergency reclamation work between the Commonwealth and 
the OSMRE as well as procedures for implementing the National 
Environmental Policy Act and other Commonwealth procedures.
    This document gives the locations and times where the Pennsylvania 
AMLR Plan documents 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 we will follow for the public hearing, if one is 
requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), June 15, 2018. If requested, we 
will hold a public hearing about the amendment on June 11, 2018. We 
will accept

[[Page 22608]]

requests to speak at a hearing until 4:00 p.m., e.s.t. on May 31, 2018.

ADDRESSES: You may submit comments, identified by SATS No. PA-165-FOR; 
Docket ID: OSM-2016-0013 by any of the following methods:
     Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field 
Office, Office of Surface Mining Reclamation and Enforcement, 3 Parkway 
Center, Pittsburgh, PA, 15220.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: In addition to obtaining copies of documents at 
www.regulations.gov, you may receive one free copy of the amendment by 
contacting OSMRE's Pittsburgh Field Office (PFO). For access to the 
docket to review copies of the Pennsylvania program, this amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document, you may go to the address listed 
below during normal business hours, Monday through Friday, excluding 
holidays.
    Mr. Ben Owens, Chief, Pittsburgh Field Office, Office of Surface 
Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 
15220, Telephone: (412) 937-2827, Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field 
Office, Office of Surface Mining Reclamation and Enforcement, 3 Parkway 
Center, Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania AMLR Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Pennsylvania AMLR Program

    The AMLR program was established by Title IV of SMCRA in response 
to concerns over threats to the health and safety of the public and 
environmental damage caused by coal mining activities conducted before 
the enactment of the Act. The program is funded by a reclamation fee 
collected on each active coal mine to finance the reclamation of 
abandoned coal mines and for other authorized activities. Section 405 
of the Act allows States and Tribes to assume exclusive responsibility 
for reclamation activity within the State or on Tribal lands if they 
develop and submit to the Secretary of the Interior (Secretary) for 
approval, a program for the reclamation of abandoned coal mines. The 
Secretary approved the Pennsylvania AMLR Plan, effective July 31, 1982. 
You can find background information on the Plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the Plan in the July 30 1982, Federal Register (47 FR 33083). You can 
find later actions concerning the Pennsylvania AMLR Plan and amendments 
to the Plan at 30 CFR 938.20 and 938.25.

II. Description of the Proposed Amendment

    By letter dated November 22, 2016 (Administrative Record No. PA 
898.00), Pennsylvania sent us an amendment to its AMLR Plan under SMCRA 
(30 U.S.C. 1201 et seq.).
    Pennsylvania is requesting to modify the Commonwealth's Plan to 
allow the PADEP to administer a State Emergency Program under Title IV 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. 
Sec. Sec.  1201-1328). The coordination of emergency reclamation work 
between the Commonwealth and the OSMRE will be handled by the PADEP. 
The PADEP intends to follow Chapter 4-120 of OSMRE's Federal Assistance 
Manual (FAM) entitled, ``State Emergency AML Reclamation Program.'' 
Coordination with other agencies for environmental clearance will be on 
a project specific basis as outlined in the ``OSMRE Handbook on 
Procedures for Implementing the National Environmental Policy Act'' and 
other Commonwealth procedures.
    OSMRE notes that before September 30, 2010, OSMRE conducted 
emergency AML reclamation in Pennsylvania. Effective October 1, 2010, 
OSMRE transitioned emergency AML reclamation responsibilities to PADEP 
leading to the submittal of the proposed amendment. [Administrative 
Record Number PA 898.05]. The following are the proposed changes 
contained in Pennsylvania's submission.
    A. Attached to the proposed program amendment are an official 
designation by the Governor of Pennsylvania in 1978 that the Department 
of Environmental Resources is the State Agency authorized to implement 
and administer the Abandoned Mine Reclamation Program, and a 2016 
memorandum from the PADEP's Office of Chief Counsel specifying PADEP's 
statutory authority to establish and administer an Emergency Program as 
part of its State AMLR Plan. The Office of Chief Counsel's memorandum 
notes that ``Section 16 of the Land and Water Conservation and 
Reclamation Act (32 P.S. Sec.  5116 (Allotment of moneys)) and the Mine 
Fire and Subsidence Remedial Project Indemnification Law (52 P.S. 
30.201-30.206) provide PADEP the authority to conduct activities 
consistent with an Emergency Reclamation Program.''
    The proposed program amendment includes policies and procedures the 
Commonwealth will follow in conducting the Emergency Response Program. 
Emergency response reclamation activities involve entering upon any 
land where eligible abandoned coal mine related emergencies exist and 
doing all things necessary or expedient to protect the public health, 
safety or general welfare from the adverse effects of legacy coal 
mining practices. PADEP will handle the coordination of emergency 
reclamation work between the State and OSMRE as outlined in PFO's OSMRE 
Emergency Response protocol and using the procedures set out in OSMRE's 
FAM. PADEP will conduct all investigations and eligibility findings 
required by Title IV of SMCRA. When emergency conditions warrant an 
immediate response, the PADEP will initiate appropriate action upon 
receipt of an approval, a ``Limited Emergency Response,'' or a verbal 
approval from OSMRE. A Limited Emergency Response is described in 
OSMRE's Federal Assistance Manual. The objective of the Limited 
Emergency Response is to stabilize the emergency aspects of the problem 
by eliminating the immediate danger to public health, safety, and 
welfare. Any remaining reclamation should then be accomplished as part 
of a regular non-emergency AML project.
    B. PADEP may enter on any land where an emergency exists or on land 
adjacent thereto for access, to prevent the adverse impacts of the 
emergency in order to protect the public health, safety and general 
welfare. While PADEP will make all reasonable efforts to notify the 
landowners and receive consent for right of entry, the State will 
obtain access in accordance with 30 CFR 877.14 when property owners 
will not grant permission. All emergency project development, design, 
realty, construction, and administration will generally be done by 
PADEP, following the procedures used in the State's Non-Emergency Title 
IV Program.
    On October 14, 2016, PADEP posted public notice that an opportunity

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existed for public comment on the draft amendment and specifically 
notified stakeholders of this opportunity. The public Notice was posted 
in the PA Bulletin on both PADEP's online eComment and on the Bureau of 
Abandoned Mine Reclamation websites. No comments were received.
    C. Under the proposed amendment, PADEP may undertake an emergency 
project in any of the eligible coalfields found in Pennsylvania and 
these projects may involve any eligible legacy coal mining related 
problems. A site is eligible for AML funding if it was mined for coal 
or was affected by such mining, was abandoned or left in an inadequate 
reclamation status prior to August 3, 1977, the date of enactment of 
SMCRA, and if it is determined that there is no continuing reclamation 
responsibility under State or other Federal laws. See 30 U.S.C. 1234. A 
site that was mined after August 3, 1977, may be eligible for AML 
funding if it meets the criteria in section 402(g)(4)(B)(i) or (ii). 
See 30 U.S.C. 1232(g)(4)(B)(i) or (ii).
    D. The proposed program amendment satisfies the objectives of the 
abandoned mine land program as set out in Section 403 of SMCRA, FAM 
Chapter 4, OSMRE Directive AML-4 and the NEPA handbook, which are 
available at https://www.osmre.gov. The State has indicated that it 
will have the capability and the administrative structure to properly 
implement the Emergency Response Program as described in this amendment 
and is willing and able to work closely with OSMRE to ensure its 
success.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at 
www.regulations.gov.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Pennsylvania's State Program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
May 31, 2018. If you are disabled and need reasonable accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak, and others present 
in the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a plan amendment to OSMRE for review and that 
amendment changes the objectives, scope or major policies followed, our 
regulations at 30 CFR 884.14 and 884.15 require us either to hold a 
public hearing on a plan amendment or make a finding that the State 
provided adequate notice and opportunity for public comment. 
Pennsylvania has elected to have OSMRE publish a notice in the Federal 
Register indicating receipt of the proposed amendment and soliciting 
comments. We will conclude our review of the proposed amendment after 
the close of the public comment period and determine whether the 
amendment should be approved, approved in part, or not approved. At 
that time, we will also make the determinations and certifications 
required by the various laws and executive orders governing the 
rulemaking process and include them in the final rule.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 9, 2018
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2018-10483 Filed 5-15-18; 8:45 am]
 BILLING CODE 4310-05-P