16714 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

Dated: March 4, 2011. 

Ari Alexander, 

Director, Center for Faith-Based and 

Community Initiatives. 

[FR Doc. 2011–6974 Filed 3–24–11; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[PA–160–FOR; OSM 2010–0019] 

Pennsylvania Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on program amendment. 

SUMMARY: We are announcing receipt of 

a proposed 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 correspondence 

related to implementation of the 

approved Pennsylvania program, 

Pennsylvania has submitted regulatory 

changes for approval to render its 

program no less effective than the 

Federal regulations as they relate to 

effluent limitations for post-mining 

discharges that are amenable to passive 

treatment technology. 

This document gives the times and 

locations that the Pennsylvania program 

and this submittal are available for your 

inspection, the comment period during 

which you may submit written 

comments, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments until 4 p.m., local time April 

25, 2011. If requested, we will hold a 

public hearing on April 19, 2011. We 

will accept requests to speak until 

4 p.m., local time on April 11, 2011. 

ADDRESSES: You may submit comments, 

identified by ‘‘PA–160–FOR; Docket ID: 

OSM–2010–0019’’ by either of the 

following two methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2010–0019. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions. 

Mail/Hand Delivery/Courier: Mr. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 

415 Market St., Suite 304, Harrisburg, 

PA 17101. 

Instructions: 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 http:// 

www.regulations.gov, information may 

also be obtained at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may receive one free copy 

of the amendment by contacting OSM’s 

Pittsburgh Field Division Office. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Harrisburg Transportation Center, 

415 Market St., Suite 304, Harrisburg, 

Pennsylvania 17101, Telephone: (717) 

782–4036, E-mail: grieger@osmre.gov. 

Thomas Callaghan, P.G., Director, 

Bureau of Mining and Reclamation, 

Pennsylvania Department of 

Environmental Protection, Rachel 

Carson State Office Building, P.O. Box 

8461, Harrisburg, Pennsylvania 

17105–8461, Telephone: (717) 787– 

5015, E-mail: tcallaghan@state.pa.us. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Telephone: (717) 782– 

4036. E-mail: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program 

II. Description of the Request 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Pennsylvania 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the 

Pennsylvania program on July 30, 1982. 

You can find background information 

on the Pennsylvania program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval of the Pennsylvania program 

in the July 30, 1982, Federal Register 

(47 FR 33050). You can also find later 

actions concerning the Pennsylvania 

program and program amendments at 30 

CFR 938.11, 938.12, 938.13, 938.15, and 

938.16. 

II. Description of the Request 

By letter dated October 1, 2010, 

(Administrative Record Number PA 

854.03), Pennsylvania sent us a request 

to approve statutory language and 

revised regulations related to postmining pollutional discharges, the use 

of passive treatment technologies on 

regulated coal mining sites, and the 

elimination of manganese effluent limits 

on certain pollutional discharges under 

the influence of identified precipitation 

events. Pennsylvania is requesting 

approval of the statutory language found 

at Section 4.2(j) of PA Surface Mining 

Conservation Reclamation Act (PA 

SMCRA) and the revised regulations 

found at: 25 Pa Code Chapters 86.1; 

87.102(a) and (e); 88.92(a) and (e); 

88.187(a) and (e); 88.292(a) and (e); 

89.52(c); and 90.102(a) and (e). 

This proposed amendment was 

initiated by Pennsylvania as a result of 

a coal mine permit inspection, 

conducted by OSM, in which a post 

mining pollutional discharge was 

observed being treated under the 

provisions of 87.102(e). Section 

87.102(e), Postmining pollutional 

discharges and corresponding 

provisions in Chapters 88, 89, and 90, 

were published in the Pennsylvania 

Bulletin on November 15, 1997, and 

have been implemented. To date, these 

regulations have not been submitted as 

a program amendment to Pennsylvania’s 

approved regulatory program. Federal 

regulations at 30 CFR 732.17(g) provide 

that no change to laws or regulations 

shall take effect for the purposes of a 

State program until approved as an 

amendment. In a letter dated July 7, 

2010, OSM notified Pennsylvania that 

until the regulations are approved by 

OSM, use of the provisions to approve 

the construction of new passive 

treatment facilities at regulated coal 

mine permits must be discontinued. 

Statutory Changes: Section 4.2(j) of 

PA SMCRA is available online at 

Regulations.gov and in the 

Administrative Record at the addresses 

listed above under ADDRESSES. 

Regulatory Changes: Pennsylvania 

submits the following summary of the 

proposed regulatory provisions changes 

at 25 Pa Code: The revision to 86.1 

includes the definitions of ‘‘Passive 

Treatment System’’ and ‘‘Post-mining 

Pollutional Discharge.’’ The revisions to 

Sections 87.102(a), 88.92(a), 88.187(a), 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 16715 

88.292(a), 89.52(c), and 90.102(a) result 

in the elimination of the manganese 

limits for Group B discharges which 

include surface runoff and discharges 

during precipitation events less than or 

equal to the 10 year/24 hour storm 

event. The addition of 87.102(e); 

88.92(e); 88.187(e); 88.292(e); and 

90.102(e) establish three specific 

categories of discharges that can be 

adequately treated using passive 

treatment technologies. They are: where 

pH is always greater than 6.0 and 

alkalinity always exceeds acidity; where 

acidity is always less than 100mg/l, iron 

is always less than 10mg/l, manganese 

is always less than 18mg/l, and flow is 

always less than 3 gpm; and where net 

acidity is always less than 300mg/l. The 

regulations do not limit applicability to 

only these three categories. The 

proposed regulations also establish 

construction and performance criteria 

for the treatment systems. 

Supporting Documentation: 

Pennsylvania also provided references 

to OSM’s regulations, excerpts from 40 

CFR part 434, references to past 

correspondence with EPA on this issue, 

and a 1994 Pennsylvania report entitled 

‘‘Best Professional Judgment Analysis 

for the Treatment of Post-Mining 

Discharges from Surface Mining 

Activities.’’ 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Pennsylvania program. 

Electronic or Written Comments 

If you submit written comments, 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 Tribal 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 above (see ADDRESSES) will be 

included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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 may 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. We will not consider anonymous 

comments. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., local time April 11, 2011. 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 

the hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a 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 there is only limited interest in 

participating in a public hearing, we 

may hold a public meeting rather than 

a public hearing. If you wish to meet 

with us to discuss the submission, 

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 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

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: January 31, 2011. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

[FR Doc. 2011–7107 Filed 3–24–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1117] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Raritan River, Arthur Kill and Their 

Tributaries, Staten Island, NY and 

Elizabeth, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations governing the operation of 

the Arthur Kill (AK) Railroad Bridge at 

mile 11.6, across Arthur Kill between 

Staten Island, New York and Elizabeth, 

New Jersey. This proposed rule would 

provide relief to the bridge owner from 

crewing their bridge by allowing the 

bridge to be operated from a remote 

location while continuing to meet the 

present and future needs of navigation. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 24, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 


erowe on DSK5CLS3C1PROD with PROPOSALS