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Stream Protection Rule Esq., Office of Surface Mining for Permit Applications Reclamation and Enforcement, U.S

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Stream Protection Rule Esq., Office of Surface Mining for Permit Applications Reclamation and Enforcement, U.S 93066 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR final rule consists of editorial revisions 4. Section 773.17: What conditions must and organizational changes intended to the regulatory authority place on each Office of Surface Mining Reclamation improve consistency, clarity, accuracy, permit issued? and Enforcement and ease of use. 5. Section 773.20: What actions must the regulatory authority take when a permit DATES: This rule is effective January 19, is issued on the basis of inaccurate 30 CFR Parts 700, 701, 773, 774, 777, 2017. information? 779, 780, 783, 784, 785, 800, 816, 817, FOR FURTHER INFORMATION CONTACT: For E. Part 774: Revision; Renewal; Transfer, 824, and 827 the final rule: Dennis G. Rice, Office of Assignment, or Sale of Permit Rights; Post-Permit Issuance Requirements [Docket ID: OSM–2010–0018; S1D1S Surface Mining Reclamation and Enforcement, U.S. Department of the 1. Section 774.10: When must the SS08011000 SX064A000 178S180110; regulatory authority review a permit? S2D2S SS08011000 SX064A000 17X501520] Interior, 1951 Constitution Avenue NW., 2. Section 774.15: How may I renew a Washington, DC 20240. Telephone: RIN 1029–AC63 permit? 202–208–2829. Kathleen G. Sheehan, F. Part 777: General Content Requirements Stream Protection Rule Esq., Office of Surface Mining for Permit Applications Reclamation and Enforcement, U.S. 1. Section 777.11: What are the format and AGENCY: Office of Surface Mining Department of the Interior, 3 Parkway content requirements for permit Reclamation and Enforcement, Interior. Center, 2nd Floor, Pittsburgh, applications? Pennsylvania 15220. Telephone: 412– 2. Section 777.13: What requirements ACTION: Final rule. apply to the collection, analysis, and 937–2829. reporting of technical data and to the use SUMMARY: We, the Office of Surface For the final environmental impact of models? Mining Reclamation and Enforcement statement: Robin T. Ferguson, Office of 3. Section 777.14: What general (OSMRE or OSM), are revising our Surface Mining Reclamation and requirements apply to maps and plans? regulations, based on, among other Enforcement, U.S. Department of the 4. Section 777.15: What information must things, advances in science, to improve Interior, 1951 Constitution Avenue NW., my application include to be the balance between environmental Washington, DC 20240. Telephone: administratively complete? protection and the Nation’s need for 202–208–2802. G. Part 779: Surface Mining Permit coal as a source of energy. This final For the final regulatory impact Applications—Minimum Requirements analysis: Mark Gehlhar, Office of for Information on Environmental rule will better protect water supplies, Resources and Conditions surface water and groundwater quality, Surface Mining Reclamation and 1. Section 779.1: What does this part do? streams, fish, wildlife, and related Enforcement, U.S. Department of the 2. Section 779.2: What is the objective of environmental values from the adverse Interior, 1951 Constitution Avenue NW., this part? impacts of surface coal mining Washington, DC 20240. Telephone: 3. Why are we removing 30 CFR 779.11 operations and provide mine operators 202–208–2716. and 779.12? with a regulatory framework to avoid For information collection matters: 4. Section 779.19: What information on water pollution and the long-term costs John A. Trelease, Office of Surface vegetation must I include in my permit associated with water treatment. We Mining Reclamation and Enforcement, application? 5. Section 779.20: What information on have revised our regulations to define U.S. Department of the Interior, 1951 Constitution Avenue NW., Washington, fish and wildlife resources must I ‘‘material damage to the hydrologic include in my permit application? balance outside the permit area’’ and DC 20240. Telephone: 202–208–2716. 6. Section 779.21: What information on require that each permit specify the SUPPLEMENTARY INFORMATION: soils must I include in my permit point at which adverse mining-related Table of Contents application? impacts on groundwater and surface 7. Section 779.22: What information on water would reach that level of damage; I. Executive Summary land use and productivity must I include collect adequate premining data about II. Why are we revising our regulations? in my permit application? the site of the proposed mining III. What opportunity did we provide for 8. Section 779.24: What maps, plans, and public comment on the proposed rule cross-sections must I submit with my operation and adjacent areas to establish and supporting documents? permit application? an adequate baseline for evaluation of IV. What general comments did we receive H. Part 780: Surface Mining Permit the impacts of mining and the on the proposed rule? Applications—Minimum Requirements effectiveness of reclamation; adjust V. Tabular Summaries of Revisions and for Reclamation and Operation Plans monitoring requirements to enable Organizational Changes 1. Section 780.1: What does this part do? timely detection and correction of any VI. How do our final regulations differ from 2. Section 780.2: What is the objective of adverse trends in the quality or quantity our proposed regulations? this part? of surface water and groundwater or the A. Section 700.11(d): Termination and 3. Section 780.12: What information must biological condition of streams; ensure Reassertion of Jurisdiction the reclamation plan include? B. Section 701.5: Definitions 4. Section 780.13: What additional maps protection or restoration of perennial C. Section 701.16: How will the stream and plans must I include in the and intermittent streams and related protection rule apply to existing and reclamation plan? resources; ensure that permittees and future permits and permit applications? 5. Why are we removing the provisions for regulatory authorities make use of D. Part 773: Requirements for Permits and air pollution control plans in previous 30 advances in science and technology; Permit Processing CFR 780.15? ensure that land disturbed by mining 1. Section 773.5: How must the regulatory 6. Section 780.16: What must I include in operations is restored to a condition authority coordinate the permitting the fish and wildlife protection and capable of supporting the uses that it process with requirements under other enhancement plan? was capable of supporting before laws? 7. Section 780.19: What baseline 2. Section 773.7: How and when will the information on hydrology, geology, and mining; and update and codify the regulatory authority review and make a aquatic biology must I provide? requirements and procedures for decision on a permit application? 8. Section 780.20: How must I prepare the protection of threatened or endangered 3. Section 773.15: What findings must the determination of the probable hydrologic species and designated critical habitat. regulatory authority make before consequences of my proposed operation Approximately thirty percent of the approving a permit application? (PHC determination)? VerDate Sep<11>2014 00:19 Dec 20, 2016 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20DER4.SGM 20DER4 srobinson on DSK5SPTVN1PROD with RULES4 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 93067 9. Section 780.21: What requirements 8. Section 784.24: What requirements 14. Section 800.40: How do I apply for apply to preparation and review of the apply to the postmining land use? release of all or part of a performance cumulative hydrologic impact 9. Why are we removing the provisions for bond? assessment (CHIA)? air pollution plans in previous 30 CFR 15. Section 800.41: How will the regulatory 10. Section 780.22: What information must 784.26? authority process my application for I include in the hydrologic reclamation 10. Section 784.26: What information must bond release? plan and what information must I I provide if I plan to return coal 16. Section 800.42: What are the criteria for provide on alternative water resources? processing waste to abandoned bond release? 11. Section 780.23: What information must underground workings? 17. Section 800.43: When and how must I include in plans for the monitoring of 11. Section 780.27: What additional the regulatory authority provide groundwater, surface water, and the permitting requirements apply to notification of its decision on a bond biological condition of streams during activities in or through an ephemeral release application? and after mining? stream? 18. Section 800.44: Who may file an objection to a bond release application 12. Section 780.24: What requirements 12. Section 784.28: What additional and how must the regulatory authority apply to the postmining land use? permitting requirements apply to 13. Section 780.25: What information must respond to an objection? activities in, through, or adjacent to a I provide for siltation structures, 19. Section 800.50: When and how will a perennial or intermittent stream? impoundments, and refuse piles? performance bond be forfeited? 14. Section 780.26: What special 13. Section 784.30: When must I prepare a 20. Section 800.60: What liability requirements apply to surface mining subsidence control plan and what insurance must I carry? near underground mining? information must that plan include? 21. Section 800.70: What special bonding 15. Section 780.27: What additional 14. Section 784.35: What information must provisions apply to anthracite operations permitting requirements apply to I provide concerning the minimization in Pennsylvania? activities in or through an ephemeral and disposal of excess spoil? M. Part 816: Permanent Program stream? 15. Section 784.40: May I submit permit Performance Standards—Surface Mining 16. Section 780.28: What additional application information in increments as Activities permitting requirements apply to mining progresses? 1. Section 816.1: What does this part do? activities in, through, or adjacent to a 16. Why are we removing 30 CFR 784.200? 2. Section 816.2: What is the objective of perennial or intermittent stream? K. Part 785: Requirements for Permits for this part? 17.
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