Rule2024-18512
Pennsylvania Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2024
Effective
August 19, 2024
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are removing our disapproval of two provisions of the Pennsylvania regulatory program (the Pennsylvania program) that we have previously addressed, but which remained codified in the Code of Federal Regulations (CFR). The disapprovals are no longer necessary because Pennsylvania subsequently submitted and obtained OSMRE approval of revised regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 160 (Monday, August 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Rules and Regulations]
[Pages 66989-66991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18512]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[SATS No. PA-175-FOR; Docket ID: OSM-2022-0003; S1D1S SS08011000
SX064A000 245S180110; S2D2S SS08011000 SX064A000 24XS501520]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are removing our disapproval of two provisions of the
Pennsylvania regulatory program (the Pennsylvania program) that we have
previously addressed, but which remained codified in the Code of
Federal Regulations (CFR). The disapprovals are no longer necessary
because Pennsylvania subsequently submitted and obtained OSMRE approval
of revised regulations.
DATES: Effective August 19, 2024.
FOR FURTHER INFORMATION CONTACT: Ben Owens, Acting Field Office
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation
and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220, Telephone:
(412) 937-2827, Email: <a href="/cdn-cgi/l/email-protection#a2c0cdd5c7ccd1e2cdd1cfd0c78cc5cdd4"><span class="__cf_email__" data-cfemail="96f4f9e1f3f8e5d6f9e5fbe4f3b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Discussion of Final Rule
II. Statutory and Executive Order Reviews
I. Discussion of Final Rule
By letter dated March 7, 2022 (SATS No. PA-175-FOR; Administrative
Record No. OSM-2022-0003), Pennsylvania requested that we remove our
previous disapprovals at 30 CFR 938.12(e)(1) and (2), which disapproved
proposed 2006 revisions to Pennsylvania's regulations at Title 25 of
the Pennsylvania Code (Pa. Code) 86.17(e) and 86.283(c). Pennsylvania
believes that removal of the disapprovals will clarify that the
deficiencies noted in the CFR were resolved and that no further action
by Pennsylvania is required.
On May 23, 2006, Pennsylvania sent us an amendment to revise its
program regulations at Title 25 of the Pa. Code (SATS No. PA-147-FOR;
Administrative Record No. PA 793.11) in response to five required
program amendments. See 72 FR 19117 (Apr. 17, 2007). The proposed
amendment also included four additional changes, which were made at
Pennsylvania's own initiative. Two of the four additional changes that
Pennsylvania proposed concerned money received from reclamation fees
intended to supplement funding for the reclamation bond pool that
supported its Alternative Bonding System (ABS). Pennsylvania contended
that there was no longer a basis for maintaining the reclamation fee
because the State had discontinued its ABS and revised its bonding
regulations to require that all mine permits post a full-cost
reclamation bond. Pennsylvania submitted a request to discontinue the
collection of the $100 per acre reclamation fee authorized under 25 Pa.
Code 86.17(e) by proposing the following sentence: ``This fee shall not
be required after (effective date of this rulemaking).''
Pennsylvania also proposed to amend Title 25 of the Pennsylvania
Code by removing section 86.283(c) because it referenced the
reclamation fee in relation to mine operators approved to participate
in the remining financial guarantees program. Pennsylvania submitted
the amendment to create consistency with the proposed amendment to
section 86.17(e) that would delete the reclamation fee.
While we approved the other requested changes related to PA-147-
FOR, we deferred our decision on the
[[Page 66990]]
two changes pertaining to the discontinuation of a $100 per acre
reclamation fee. We deferred our decision because aspects of
Pennsylvania's decision to eliminate its ABS in favor of a
conventional, or ``full-cost,'' bonding system had been challenged, and
the matter was pending before the United States Court of Appeals for
the Third Circuit in Pennsylvania Federation of Sportsmen's Clubs v.
Kempthorne, 497 F.3d 337 (3d Cir. 2007). The Third Circuit in
Kempthorne set aside our decision to rescind a requirement that we
imposed on Pennsylvania in 1991, which had required Pennsylvania to
submit information sufficient to demonstrate that the revenues
generated by the collection of the reclamation fee under 25 Pa. Code
86.17(e) would assure that the State's bond pool fund satisfied our
bonding requirements at 30 CFR 800.11(e). Following the Kempthorne
decision, we disapproved Pennsylvania's proposed deletion of the
reclamation fee under 25 Pa. Code 86.17(e) and related reference in 25
Pa. Code 86.283(c), see 73 FR 38918 (July 8, 2008), and reinserted the
1991 required amendment at 30 CFR 938.16(h), see 74 FR 12265 (Mar. 24,
2009).
Likewise, Pennsylvania revised its program to comply with the Third
Circuit's judgment in Kempthorne. On August 1, 2008, Pennsylvania
submitted a number of revisions that, among other things, retained the
reclamation fee under 25 Pa. Code 86.17(e), making it adjustable on an
annual basis in lieu of a fixed $100 per acre fee, and retained the
related reference in 25 Pa. Code 86.283(c). On August 10, 2010, we
approved Pennsylvania's revision to 25 Pa. Code 86.17(e) and retention
of 25 Pa. Code 86.283(c). See 75 FR 48526 (Aug. 10, 2010). The 2010
approval resolved our initial disapproval of Pennsylvania's proposed
elimination of the reclamation fee. It also meant that the disapprovals
at 30 CFR 938.12(e)(1) and (2) became moot. At Pennsylvania's request,
we are removing 30 CFR 938.12(e)(1) and (2) in this final rule.
This final rule, which removes our disapproval of Pennsylvania's
2006 proposed amendment, does not entail any new substantive decisions
on this or any other part of the Pennsylvania program, nor does it
alter the terms of any of our prior decisions. Pennsylvania's letter of
March 7, 2022, confirms that the state has implemented and will
continue to implement 25 Pa. Code 86.17(e) and 25 Pa. Code 86.283(c) of
its regulations in a manner consistent with our 2010 approval of the
2008 amendment.
II. Statutory and Executive Order Reviews
Administrative Procedure Act
We are publishing this final rule without prior public notice or
opportunity for public comment. The Administrative Procedure Act, 5
U.S.C. 533, provides an exception to notice and comment requirements
when an agency finds that there is good cause for dispensing with
notice and comment procedures on the basis that they are impracticable,
unnecessary, or contrary to the public interest. We have determined
that under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with
the notice of proposed rulemaking and public comment procedures for
this rule.
Specifically, we have determined that notice and comment is
unnecessary for this rule because it is non-substantiative. As
discussed above, this rule removes provisions concerning now-moot state
program disapprovals for Pennsylvania that remained codified at 30 CFR
938.12(e). This rule neither imposes new regulatory requirements nor
removes any existing regulatory requirements.
For the same reasons, we find that good cause exists under 5 U.S.C.
533(d)(3) to have the regulation become effective on a date that is
less than 30 days after the date of publication in the Federal
Register.
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not effect a taking of private property or
otherwise have taking implications that would result in private
property being taken for government use without just compensation under
the law. Therefore, a takings implication assessment is not required.
This determination is based on the nature of this rule, in which we do
not make any substantive decision.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review, and 14094--Modernizing
Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs in the
Office of Management and Budget (OMB) will review all significant
rules. Pursuant to OMB guidance (OMB Memo M-94-3), dated October 12,
1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866, as amended by Executive Order
14094. Executive Order 13563, which reaffirms and supplements Executive
Order 12866, retains this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register document
and to changes to the Federal regulations.
Executive Order 13132--Federalism
This rule has no potential Federalism implications as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Pennsylvania, through its approved
regulatory program, implements and administers SMCRA and its
implementing regulations at the State level. This rule only corrects
the CFR to reflect our prior disapprovals of the Pennsylvania program
submitted and drafted by the State, and thus, has no effect on the
maximum administrative discretion we are directed to give to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the Federal Government and Tribes. The basis for this
determination is that our
[[Page 66991]]
decision on the Pennsylvania program does not include Indian lands as
defined by SMCRA or other Tribal lands and it does not affect the
regulation of activities on Indian lands or other Tribal lands. Indian
lands under SMCRA are regulated independently under the applicable
Federal Indian program. The Department's consultation policy also
acknowledges that our rules may have Tribal implications where the
state proposing the amendment encompasses ancestral lands in areas with
minable coal. We are currently working to identify and engage
appropriate Tribal stakeholders to devise a constructive approach for
consulting on these amendments.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject
of this rule, requests that we correct the CFR to accurately reflect
our prior approval of parts of the Pennsylvania program, and therefore,
would not have a significant economic effect upon a substantial number
of small entities.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based on the nature of this rule, in
which we do not make any substantive decision.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on the nature of this rule, in which we do not make any
substantive decision. Therefore, a statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
For the reasons set out in the preamble, 30 CFR part 938 is amended
as set forth below:
PART 938--PENNSYLVANIA
0
1. The authority citation for part 938 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 938.12 Amended]
0
2. In Sec. 938.12, remove paragraph (e) and redesignate paragraph (f)
as paragraph (e).
[FR Doc. 2024-18512 Filed 8-16-24; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 19, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.