[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43326-43327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17592]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 816 and 817
[Docket ID: OSM-2014-0003; S1D1S SS08011000 SX066A00067F 134S180110;
S2D2S SS08011000 SX066A00 33F 13XS501520]
Petition To Initiate Rulemaking; Use of Explosives on Surface
Coal Mining Operations
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice; availability of petition to initiate rulemaking and
request for comments on the petition.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), seek comments concerning a petition, submitted pursuant to the
Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 et seq.
(SMCRA or the Act), requesting that we amend our regulations governing
the use of explosives to prohibit visible nitrogen oxide clouds. We are
requesting comments on the merits of the petition and the rule changes
suggested in the petition. Comments received will assist the Director
of OSMRE in making the decision whether to grant or deny the petition.
DATES: Electronic or written comments: We will accept written comments
on the proposed rule on or before August 25, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. The
petition has been assigned Docket ID: OSM-2014-0003. Please follow the
online instructions for submitting comments.
Mail/Hand-Delivery/Courier: Office of Surface Mining Reclamation
and Enforcement, Administrative Record, Room 252 SIB, 1951 Constitution
Avenue NW., Washington, DC 20240. Please include the Docket ID: OSM-
2014-0003.
FOR FURTHER INFORMATION CONTACT: Joshua Rockwell, Division of
Regulatory Support, 1951 Constitution Ave. NW., Washington, DC 20240;
Telephone: 202-208-2633; Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. How does the petition process operate?
II. What action does the petition request that we take?
III. How may I view the petition and exhibits?
IV. How do I submit comments on the petition?
V. Procedural Matters and Required Determinations
I. How does the petition process operate?
Section 201(g) of SMCRA, 30 U.S.C. 1201(g), provides that any
person may petition the Director of OSMRE to initiate a proceeding for
the issuance, amendment, or repeal of any regulation adopted under
SMCRA. It also specifies that ``the Director shall either grant or deny
the petition'' within 90 days after receipt. On March 13, 1979, OSMRE
adopted regulations at 30 CFR 700.12 to further implement this
statutory provision.
Under 30 CFR 700.12(c), we will accept a petition for rulemaking
only if the Director determines that it sets forth ``facts, technical
justification and law which may provide a reasonable basis for
issuance, amendment or repeal of a regulation.'' The rule also states
that facts, technical justification or law previously considered in a
different petition or rulemaking on the same issue do not qualify as a
reasonable basis. Any petition that does not meet this threshold will
be rejected without prejudice.
If we accept the petition, we will publish a notice in the Federal
Register seeking comments on whether we should grant or deny the
petition. At the close of the comment period, the Director will decide
to either grant or deny the petition, in whole or in part. We will
publish notice of that decision in the Federal Register. If the
Director grants the petition, we will initiate rulemaking proceedings
in which we again will seek public comment before adopting a final
rule. If the Director denies the petition, we will notify the
petitioner of the reasons for the decision not to initiate any
rulemaking action pursuant to the petition.
In accordance with 30 CFR 700.12(d), the Director's decision on a
petition is a final decision for the Department, which means that the
petitioner is not entitled to administrative review of the decision.
The Director's decision on a petition constitutes the final decision of
the Department of the Interior. Accordingly, it is not subject to
review by the Office of Hearings and Appeals. However, the petitioner
may seek judicial review of a decision to reject or deny the petition.
II. What action does the petition request that we take?
On April 18, 2014, we received from WildEarth Guardians a petition
for rulemaking requesting that OSMRE promulgate rules to prohibit the
production of visible nitrogen oxides (NOX) emissions during
blasting at surface coal mining operations in order to protect the
health, welfare, and safety of the public and of mine workers, and to
prevent injury to persons. The petition requests that we amend our
regulations at 30 CFR 816.67 and 817.67 to prohibit visible
NOX emissions during blasting and to require that the
operator visually monitor all blasting activities and report all
instances of visible emissions of NOX to the regulatory
authority.
III. How may I view the petition and exhibits?
You may view and download the complete text of the petition and
accompanying exhibits on our home page at http://www.osmre.gov/programs/rcm/petitions/WEGPetition041414.pdf and http://www.osmre.gov/programs/rcm/petitions/WEGPetitionExhibits.pdf respectively. The
petition and exhibits also are available for inspection at the location
listed under ADDRESSES.
IV. How may I comment on the petition?
General Guidance
We are seeking comment on the merits of the petition and the
requested rule changes. In addition, we seek comment on the extent to
which the decision in In re Permanent Surface Min. Regulation Litig. I,
Round II, 1980 U.S. Dist. LEXIS 17660 at *43-44 (D.D.C., May 16, 1980),
19 Env't Rep. Cas. (BNA) 1477, 1491-1492, regarding OSMRE's authority
to regulate air quality, should guide the Director in making the
decision to grant or deny the
[[Page 43327]]
petition. In that decision, the court remanded the 1979 version of 30
CFR 816.95 and 817.95, which contained extensive provisions regulating
fugitive dust (including fugitive dust from blasting \1\), because the
court found that ``the Secretary's authority to regulate [air]
pollution is limited to activities related to erosion.'' Id. at 1491.
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\1\ 30 CFR 816.95(b)(15) (1979).
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We will review and consider all comments submitted to the addresses
listed above (see ADDRESSES) by the close of the comment period (see
DATES).
Please include the Docket ID ``OSM-2014-0003'' at the beginning of
all written comments. We cannot ensure that comments received after the
close of the comment period (see DATES) or at locations other than
those listed above (see ADDRESSES) will be included in the docket or
considered in the development of a proposed rule.
Public Availability of Comments
Before including your address, phone number, 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
We will not hold a public hearing on the petition. The petitioner
did not request a hearing and we have determined under 30 CFR 700.12(c)
that no hearing is necessary. However, OSMRE personnel will be
available to meet with the public during business hours (8 a.m. to 4
p.m.) during the comment period. Contact the person listed under FOR
FURTHER INFORMATION CONTACT if you wish to arrange a meeting.
V. Procedural Matters and Required Determinations
This notice is not a proposed or final rule, policy, or guidance.
Therefore, it is not subject to the Regulatory Flexibility Act, the
Small Business Regulatory Enforcement Fairness Act, the Paperwork
Reduction Act, the Unfunded Mandates Reform Act, or Executive Orders
12866, 13563, 12630, 13132, 12988, 13175, and 13211. We will conduct
the analyses required by these laws and executive orders only if we
decide to grant the petition and develop a proposed rule.
In developing this notice, we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554, section 15).
This notice is not subject to the requirement to prepare an
Environmental Assessment or Environmental Impact Statement under the
National Environmental Policy Act (NEPA), 42 U.S.C. 4332(2)(C), because
no proposed action, as described in 40 CFR 1508.18(a) and (b), yet
exists. This notice only seeks public comment on whether the Director
should grant the petition and initiate rulemaking. If the Director
ultimately grants the petition, we will prepare the appropriate NEPA
compliance documents as part of the rulemaking process.
List of Subjects
30 CFR Part 816
Environmental protection, Reporting and recordkeeping requirements,
Surface mining.
30 CFR Part 817
Environmental protection, Reporting and recordkeeping requirements,
Underground mining.
Dated: July 15, 2014.
Joseph G. Pizarchik,
Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2014-17592 Filed 7-24-14; 8:45 am]
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