Coal

coal
TitlePublishedFR Doc.Description
TitlePublishedFR Doc.Description
Interior Department -- Inflation Adjustments to Civil Monetary Penalty Rates for Calendar Year 20182018-Jan-222018-00969The Office of Natural Resources Revenue (ONRR) publishes this final rule to increase our maximum civil monetary penalty (CMP) rates for inflation occurring between October 2016 and October 2017.
Interior Department -- Effectuating Congressional Nullification of the Resource Management Planning Rule Under the Congressional Review Act2017-Dec-212017-27509By operation of the Congressional Review Act (CRA), the Resource Management Planning Rule (Planning 2.0 Rule) shall be treated as if it had never taken effect. The BLM issues this document to effect the removal of any amendments, deletions or other modifications made by the nullified rule, and the reversion to the text of the regulations in effect immediately prior to the effective date of the Planning 2.0 Rule.
Environmental Protection Agency -- Address and Agency Name Changes for Region 4 State and Local Agencies; Technical Correction2017-Jul-172017-14746The Environmental Protection Agency (EPA) is correcting the addresses and agencies names for EPA Region 4 State and local agencies in EPA regulations. The jurisdiction of EPA Region 4 includes the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Certain EPA air pollution control regulations require submittal of notifications, reports and other documents to the appropriate authorized State or local agency. This technical amendment updates and corrects agency names and the addresses for submitting such information to the EPA Region 4 State and local agency offices.
Interior Department -- Civil Monetary Penalty Rates Inflation Adjustments for Calendar Year 2017 and Initial “Catch-Up” Adjustments2017-Apr-242017-08225In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (Act), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) and recent Office of Management and Budget (OMB) guidance, the Office of Natural Resources Revenue (ONRR) is publishing this final rule to adjust our maximum civil monetary penalty (CMP) rates for calendar year 2017. This final rule also adopts as final a 2016 interim final rule that adjusted the amount of our civil monetary penalties for inflation with initial ``catch-up'' adjustments under the 2015 Act.
Interior Department -- Repeal of Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform2017-Apr-042017-06617The Office of Natural Resources Revenue (ONRR) proposes to repeal the Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform Rule that was published in the Federal Register on July 1, 2016 (``2017 Valuation Rule''). Repeal of the 2017 Valuation Rule would maintain the current regulatory status quo by keeping the longstanding pre-existing regulations in effect.
Interior Department -- Resource Management Planning2016-Dec-122016-28724The Bureau of Land Management (BLM) is amending its regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act (FLPMA). The final rule affirms the important role of other Federal agencies, State and local governments, Indian tribes, and the public during the planning process and enhances opportunities for public involvement and transparency during the preparation of resource management plans. The final rule will enable the BLM to more readily address resource issues at a variety of scales, such as wildfire, wildlife habitat, appropriate development, or the demand for renewable and non-renewable energy sources, and to respond more effectively to change. The final rule emphasizes the role of using high quality information, including the best available scientific information, in the planning process; and the importance of evaluating the resource, environmental, ecological, social, and economic conditions at the onset of planning. Finally, the final rule makes revisions to clarify existing text and to improve the readability of the planning regulations.
Interior Department -- Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform2016-Jul-012016-15420ONRR is amending our regulations governing valuation, for royalty purposes, of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases. This rule also consolidates definitions for oil, gas, and coal product valuation into one subpart that is applicable to the Federal oil and gas and Federal and Indian coal subparts.
Interior Department -- Civil Monetary Penalties Inflation Adjustment2016-Jun-092016-13462The Office of Natural Resources Revenue (ONRR) publishes this interim final rule to adjust the amount of our civil monetary penalties (CMPs) for inflation with an initial ``catch-up'' adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance.
Agriculture Department -- Environmental Policies and Procedures2016-Mar-022016-03433Rural Development, a mission area within the U.S. Department of Agriculture comprised of the Rural Business-Cooperative Service (RBS), Rural Housing Service (RHS), and Rural Utilities Service (RUS), hereafter referred to as the Agency, has unified and updated the environmental policies and procedures covering all Agency programs by consolidating two existing Agency regulations that implement the National Environmental Policy Act (NEPA) and other applicable environmental requirements. These final rules supplement the regulations of the Council on Environmental Quality (CEQ), the regulations of the Advisory Council on Historic Preservation(ACHP), associated environmental statutes, Executive Orders and Departmental Regulations. The majority of the changes to the existing rules relate to the categorical exclusion provisions in the Agency's procedures for implementing NEPA. These changes consolidate the provisions of the Agency's two current NEPA rules, and better conform the Agency's regulations, particularly for those actions listed as categorical exclusions, to the Agency's current activities and recent experiences and to CEQ's Memorandum for Heads of Federal Departments and Agencies entitled ``Establishing, Applying, and Revising Categorical Exclusions under the National Environmental Policy Act'' issued on November 23, 2010.
Interior Department -- Resource Management Planning2016-Feb-252016-03232The Bureau of Land Management (BLM) proposes to amend existing regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act (FLPMA). The proposed rule would enable the BLM to more readily address landscape-scale resource issues, such as wildfire, habitat connectivity, or the demand for renewable and non-renewable energy sources and to respond more effectively to environmental and social changes. The proposed rule would further emphasize the role of science in the planning process and the importance of evaluating the resource, environmental, ecological, social, and economic conditions at the onset of planning. The proposed rule would affirm the important role of other Federal agencies, State and local governments, Indian tribes, and the public during the planning process, and would enhance opportunities for public involvement and transparency during the preparation of resource management plans. Finally, the proposed rule would make revisions to clarify existing text and use plain language to improve the readability of the planning regulations.
Labor Department -- MSHA Headquarters, Pittsburgh Safety and Health Technology Center, and Respirable Dust Processing Laboratory Address Changes2015-Sep-022015-21054The Mine Safety and Health Administration (MSHA) is amending its published regulations that include the Agency's addresses. MSHA relocated its Headquarters offices and also will discontinue renting the Post Office boxes it uses for mail delivery to the Pittsburgh Safety and Health Technology Center and Respirable Dust Processing Laboratory. In addition, MSHA is amending the incorporation by reference language in some of its regulations to include current addresses, telephone numbers, and internet addresses.
Interior Department -- Indian Oil Valuation Amendments2015-May-012015-09955ONRR is amending its regulations governing the valuation, for royalty purposes, of oil produced from Indian leases. This rule will expand and clarify the major portion valuation requirement found in the existing regulations for oil production. This rule represents the recommendations of the Indian Oil Valuation Negotiated Rulemaking Committee (Committee). This rule also changes the form filing requirements necessary to claim a transportation allowance for oil produced from Indian leases.
Agriculture Department -- Rural Development Regulations-Update to FmHA References and to Census References2015-Feb-242015-01571Rural Development (RD) is amending its regulations by updating references to the Farmers Home Administration (FmHA) and clarifying and updating references to the census data. These actions will provide consistency in terminology between program regulations. In addition, clarifying and updating references to census data is needed to account for changes to the decennial Census, which, starting with the 2010 decennial Census is no longer reporting income and unemployment data. Additional revisions are being implemented to show the regulations that do not apply to the Farm Service Agency (FSA) and to remove outdated or unnecessary language.
Interior Department -- Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform2015-Jan-062014-30033The Office of Natural Resources Revenue (ONRR) proposes to change the regulations governing valuation for royalty purposes of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases. The proposed rule also consolidates definitions for oil, gas, and coal product valuation into one subpart applicable to the Federal oil and gas and Federal and Indian coal subparts.
Environmental Protection Agency -- Automatic Delegation of Authority to the States of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming To Implement and Enforce New Source Performance Standards2014-Oct-092014-23765This action informs the public that on February 27, 2014, the EPA authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to the states of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming (hereafter Region 8 states). Also in this action, EPA is taking direct final action to delete the delegation status table of NSPS for Region 8 states in the Code of Federal Regulations (CFR) and replace it with a Web page address reflecting current delegation status of Region 8 states.
Interior Department -- Indian Oil Valuation Amendments2014-Jun-192014-13967ONRR proposes to amend its regulations governing the valuation, for royalty purposes, of oil produced from Indian leases. The proposed rule would clarify the major portion valuation requirement found in the existing regulations for oil production. The proposed rule would represent recommendations of the Indian Oil Valuation Negotiated Rulemaking Committee. This proposed rule also contains new reporting requirements to implement the changes to the major portion valuation requirement.
Labor Department -- Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors2014-May-012014-09084The Mine Safety and Health Administration (MSHA) is revising the Agency's existing standards on miners' occupational exposure to respirable coal mine dust in order to: Lower the existing exposure limits; provide for full-shift sampling; redefine the term ``normal production shift''; and add reexamination and decertification requirements for persons certified to sample for dust, and maintain and calibrate sampling devices. In addition, the rule provides for single shift compliance sampling by MSHA inspectors, establishes sampling requirements for mine operators' use of the Continuous Personal Dust Monitor (CPDM), requires operator corrective action on a single, full- shift operator sample, changes the averaging method to determine compliance on operator samples, and expands requirements for medical surveillance of coal miners. Chronic exposure to respirable coal mine dust causes lung diseases that can lead to permanent disability and death. The final rule will greatly improve health protections for coal miners by reducing their occupational exposure to respirable coal mine dust and by lowering the risk that they will suffer material impairment of health or functional capacity over their working lives.
Agriculture Department -- Environmental Policies and Procedures2014-Feb-042014-00220Rural Development, a mission area within the U.S. Department of Agriculture comprised of the Rural Housing Service (RHS), Rural Business-Cooperative Service (RBS) and Rural Utilities Service (RUS), hereafter referred to as the Agency, is proposing to unify and update environmental policies and procedures covering all Agency programs by consolidating two existing Agency regulations that implement the National Environmental Policy Act (NEPA) and other applicable environmental requirements. These rules supplement the regulations of the Council on Environmental Quality (CEQ), the regulations of the Advisory Council on Historic Preservation (ACHP), associated environmental statutes, Executive orders and Departmental Regulations. The majority of the proposed changes relate to the categorical exclusion provisions in the Agency's procedures for implementing NEPA. These proposed changes are intended to better align the Agency's regulations, particularly for those actions listed as categorical exclusions, to the Agency's current activities and recent experiences and to the CEQ's Memorandum for Heads of Federal Departments and Agencies entitled ``Establishing, Applying, and Revising Categorical Exclusions under the National Environmental Policy Act'' issued on November 23, 2010, and to consolidate the provisions of the Agency's two current NEPA rules at 7 CFR parts 1794 and 1940, subpart G.
Interior Department -- Lease Modifications, Lease and Logical Mining Unit Diligence, Advance Royalty, Royalty Rates, and Bonds2013-Aug-122013-19198The Bureau of Land Management (BLM) is proposing to amend its regulations pertaining to the administration of Federal coal leases and logical mining units (LMUs). The proposed rule would implement Title IV, Subtitle D of the Energy Policy Act of 2005; clarify that a royalty rate of 12\1/2\ percent will be assessed on all Federal coal except coal that is mined from underground mines; withdraw the Logical Mining Unit Application and Processing Guidelines (LMU Guidelines); promulgate portions of the LMU Guidelines as regulations; establish new processing fees; and make technical and editorial corrections to the regulations.
Interior Department -- Valuation of Federal Coal for Advance Royalty Purposes and Information Collection Applicable to All Solid Minerals Leases2013-Aug-122013-19199ONRR proposes new regulations to implement the provisions of the Energy Policy Act of 2005 (EPAct) governing the payment of advance royalty on coal resources produced from Federal leases. The EPAct provisions amend the Mineral Leasing Act of 1920 (MLA). ONRR also proposes to add information collection requirements that are applicable to all solid minerals leases and also are necessary to implement the EPAct Federal coal advance royalty provisions.
Environmental Protection Agency -- Delegation of Authority to the Southern Ute Indian Tribe To Implement and Enforce National Emissions Standards for Hazardous Air Pollutants and New Source Performance Standards2013-Jul-082013-16327EPA is taking final action to approve the Southern Ute Indian Tribe's (SUIT) July 3, 2012 request for delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS). This request establishes and requires SUIT to administer a NSPS and NESHAPs program per EPA regulations. The delegation is facilitated by SUIT's treatment ``in the same manner as a state'' (TAS) document, per CAA requirements.
Environmental Protection Agency -- Change of Address for Region 7; Technical Correction2013-Jun-252013-15039EPA is amending its regulations to reflect a change in address for EPA's Region 7 office. This action is editorial in nature and is intended to provide accuracy and clarity to the Agency's regulations.
Interior Department -- Amendments to ONRR's Remaining OMB-Approved Forms and Acronyms To Reflect Reorganization2013-May-222013-11993On May 19, 2010, the Secretary of the Interior separated and reassigned responsibilities previously performed by the former Minerals Management Service (MMS) to three separate organizations. As part of this reorganization, on October 1, 2010, the Secretary established the Office of Natural Resources Revenue (ONRR) within the Office of the Assistant Secretary--Policy, Management and Budget (PMB). At the same time, ONRR initiated a CFR chapter reorganization. This direct final rule amends the remaining Office of Management and Budget (OMB) approved form numbers for information collection requirements and corresponding technical corrections to part and position titles, agency names, and acronyms.
Interior Department -- Segregation of Lands-Renewable Energy2013-Apr-302013-10087The Bureau of Land Management (BLM) is amending its regulations to add provisions allowing the BLM to temporarily segregate from the operation of the public land laws, by publication of a Federal Register notice, public lands included in a pending wind or solar energy generation right-of-way (ROW) application, and public lands that the BLM identifies for potential future wind or solar energy generation right-of-way applications under applicable legal requirements. The purpose of such segregation is to promote the orderly administration of the public lands. Lands segregated under this rule will not be subject to appropriation under the public land laws, including location under the Mining Law of 1872 (Mining Law), for up to two years from the date of publication of notice under this rule, subject to valid existing rights, but would remain open under the Mineral Leasing Act of 1920 (MLA) and the Materials Act of 1947 (Materials Act).
Environmental Protection Agency -- Change of Address for Region 4, State and Local Agencies; Technical Correction2012-Apr-192012-9234EPA is amending its regulations to reflect a change in address for EPA's Region 4 office as well as the state agencies for Georgia, Mississippi, North Carolina and local agencies for Forsyth County, Mecklenburg County Land Use & Environmental Services Agency and Western North Carolina Regional Air Quality Agency. The jurisdiction of EPA Region 4 includes the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Certain EPA air pollution control regulations requiring submittal of notifications, reports and other documents to the EPA Regional office must also be submitted to the appropriate authorized state or local agency. This technical amendment updates and corrects the addresses for submitting such information to the EPA's Region 4 office as well as the state and local agency offices.
Agriculture Department -- Intergovernmental Review2011-Dec-272011-33025The U. S. Department of Agriculture (``Department'') is amending several regulations, which make reference to RD Instruction 1940-J, Intergovernmental Review.'' This action is necessary since the affected regulations refer to RD Instruction 1940-J, which is being rewritten and replaced by RD Instruction 1970-I. The intended effect is to simplify and update the regulations and to ensure the Department's field offices have current guidance on intergovernmental review of proposed projects being reviewed pursuant to the National Environmental Policy Act.
Interior Department -- Amendments to OMB Control Numbers and Certain Forms2011-Dec-082011-31500On May 19, 2010, the Secretary of the Interior separated the responsibilities previously performed by the former Minerals Management Service (MMS) and reassigned those responsibilities to three separate organizations. As part of this reorganization, the Secretary renamed MMS's Minerals Revenue Management Program (MRM) the Office of Natural Resources Revenue (ONRR) and directed that ONRR transition to the Office of the Assistant Secretary--Policy, Management and Budget (PMB). This change required ONRR to reorganize its regulations and repromulgate them in chapter XII, title 30 of the Code of Federal Regulations (CFR). This direct final rule amends the Office of Management and Budget (OMB) control numbers for information collection requirements, certain form numbers, and corresponding technical corrections to part and position titles, agency names, and acronyms listed in chapter XII of 30 CFR.
Environmental Protection Agency -- Change of Address for Region 1; Technical Correction2011-Aug-112011-20035The Environmental Protection Agency (EPA) is amending its regulations to reflect a change in address for EPA's Region 1 office. This action is editorial in nature and is intended to provide accuracy and clarity to the agency's regulations.
Interior Department -- Reorganization of Title 30, Code of Federal Regulations2011-Jul-012011-16681The Office of Natural Resources Revenue (ONRR) published a rule in the Federal Register on October 4, 2010, announcing that the Minerals Revenue Management Program (MRM) of the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) (formerly known as the Minerals Management Service (MMS)) was renamed the Office of Natural Resources Revenue by the Secretary of the Interior and was separated from BOEMRE and transferred to the supervision of the Assistant Secretary for Policy, Management and Budget. In the rule, ONRR also announced the reorganization of title 30 of the Code of Federal Regulations (30 CFR) resulting from the division of BOEMRE into two separate agencies. The rule removed certain regulations from chapter II in 30 CFR, which pertains to BOEMRE and recodified them in new chapter XII, which pertains to ONRR. This document corrects the rule published on October 4, 2010.
Interior Department -- Segregation of Lands-Renewable Energy2011-Apr-262011-10017The Bureau of Land Management (BLM) is proposing this rule to amend the BLM's regulations found in 43 CFR parts 2090 and 2800 by adding provisions allowing the BLM to temporarily segregate from the operation of the public land laws, by publication of a Federal Register notice, public lands included in a pending or future wind or solar energy generation right-of-way (ROW) application, or public lands identified by the BLM for a potential future wind or solar energy generation ROW authorization under the BLM's ROW regulations, in order to promote the orderly administration of the public lands. If segregated under this rule, such lands would not be subject to appropriation under the public land laws, including location under the Mining Law of 1872 (Mining Law), but not the Mineral Leasing Act of 1920 (Mineral Leasing Act) or the Materials Act of 1947 (Materials Act), subject to valid existing rights, for a period of up to 2 years. The BLM is also publishing in today's Federal Register an interim temporary final rule (Interim Rule) that is substantively similar to this proposed rule. The Interim Rule is effective immediately upon publication in the Federal Register for a period not to exceed 2 years after publication, or the completion of the notice and comment rulemaking process for this proposed rule whichever occurs first.
Interior Department -- Segregation of Lands-Renewable Energy2011-Apr-262011-10019The Bureau of Land Management (BLM) is issuing this interim temporary final rule (Interim Rule) to amend the BLM's regulations found in 43 CFR parts 2090 and 2800 by adding provisions allowing the BLM to temporarily segregate from the operation of the public land laws, by publication of a Federal Register notice, public lands included in a pending or future wind or solar energy generation right- of-way (ROW) application, or public lands identified by the BLM for a potential future wind or solar energy generation ROW authorization under the BLM's ROW regulations, in order to promote the orderly administration of the public lands. If segregated under this rule, such lands will not be subject to appropriation under the public land laws, including location under the Mining Law of 1872 (Mining Law), but not the Mineral Leasing Act of 1920 (Mineral Leasing Act) or the Materials Act of 1947 (Materials Act), subject to valid existing rights, for a period of up to 2 years. This Interim Rule is effective immediately upon publication in the Federal Register for a period not to exceed 2 years after publication, but public comments received within 60 days of the publication of this rule will be considered by the BLM. Any necessary changes will be made to the Interim Rule. The BLM is also publishing in today's Federal Register a proposed rule that would make this segregation authority permanent. At the completion of the notice and comment rulemaking process for the proposed rule, or at the end of 2 years, whichever occurs first, this Interim Rule will expire.
Labor Department -- Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors2010-Oct-192010-25249The Mine Safety and Health Administration (MSHA) proposes to lower miners' exposure to respirable coal mine dust by revising the Agency's existing standards on miners' occupational exposure to respirable coal mine dust. The major provisions of the proposal would lower the existing exposure limit; provide for full-shift sampling; redefine the term ``normal production shift; '' and add reexamination and decertification requirements for persons certified to sample, and maintain and calibrate sampling devices. In addition, the proposed rule would provide for single shift compliance sampling under the mine operator and MSHA's inspector sampling programs, and would establish sampling requirements for use of the Continuous Personal Dust Monitor (CPDM) and expanded requirements for medical surveillance. The proposed rule would significantly improve health protections for this Nation's coal miners by reducing their occupational exposure to respirable coal mine dust and lowering the risk that they will suffer material impairment of health or functional capacity over their working lives.
Interior Department -- Reorganization of Title 30, Code of Federal Regulations2010-Oct-042010-24721On May 19, 2010, the Secretary of the Interior separated the responsibilities previously performed by the former Minerals Management Service (MMS) and reassigned those responsibilities to three separate organizations. As part of this reorganization, the Secretary renamed MMS's Minerals Revenue Management Program (MRM) the Office of Natural Resources Revenue (ONRR) and directed that ONRR transition to the Office of the Assistant Secretary--Policy, Management and Budget (PMB). This change requires reorganization of title 30 of the Code of Federal Regulations (30 CFR). This direct final rule amends chapter II in 30 CFR, establishes a new chapter XII in 30 CFR, removes certain regulations from chapter II, and recodifies them in the new chapter XII.
Interior Department -- Reporting Amendments2008-Oct-088-23788The MMS published a final rule in the Federal Register on Wednesday, March 26, 2008 (73 FR 15885), announcing amendments to existing regulations for reporting production and royalties on oil, gas, coal and other solid minerals, and geothermal resources produced from Federal and Indian leases. This docutment corrects the final rule, which contained a clerical error in the tables identifying OMB-approved information collections and their corresponding forms.
Interior Department -- Reporting Amendments2008-Mar-268-5929The MMS is amending existing regulations for reporting production and royalties on oil, gas, coal and other solid minerals, and geothermal resources produced from Federal and Indian leases in order to align the regulations with current MMS business practices. These amendments reflect changes that were implemented as a result of major reengineering of MMS financial systems and other legal requirements.
Environmental Protection Agency -- Revisions to Definition of Cogeneration Unit in Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans, Clean Air Mercury Rule (CAMR); and Technical Corrections to CAIR, CAIR FIPs, CAMR, and Acid Rain Program Rules2007-Oct-197-20447The Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans (FIPs), and Clean Air Mercury Rule (CAMR) each include an exemption for cogeneration units that meet certain criteria. In light of information concerning biomass-fired cogeneration units that may not qualify for the exemption due to their particular combination of fuel and technical design characteristics, EPA is changing the cogeneration unit definition in CAIR, the CAIR model cap- and-trade rules, the CAIR FIPs, CAMR, and the CAMR model cap-and-trade rule. Specifically, EPA is revising the calculation methodology for the efficiency standard in the cogeneration unit definition to exclude energy input from biomass making it more likely that units co-firing biomass will be able to meet the efficiency standard and qualify for exemption. Because this change will only affect a small number of relatively low emitting units, it will have little effect on the projected emissions reductions and the environmental benefits of these rules. If EPA finalizes the proposed CAMR Federal Plan, it intends to make the definitions in that rule conform to the CAMR model cap-and- trade rule and thus, with today's action. This action also clarifies the term ``total energy input'' used in the efficiency calculation and makes minor technical corrections to CAIR, the CAIR FIPs, CAMR, and the Acid Rain Program rules.
Environmental Protection Agency -- Revisions to Definition of Cogeneration Unit in Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plan, Clean Air Mercury Rule (CAMR), and CAMR Proposed Federal Plan; Revision to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters; and Technical Corrections to CAIR and Acid Rain Program Rules2007-Apr-257-7536In 2005, EPA finalized the Clean Air Interstate Rule (CAIR) to address emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) and the Clean Air Mercury Rule (CAMR) to establish standards of performance for mercury (Hg) for coal-fired electric utility steam generating units. Both CAIR and CAMR include model cap-and-trade rules that states may adopt to meet the applicable requirements. In 2006, EPA finalized the Federal Implementation Plan (FIP) for CAIR and also proposed a Federal Plan for CAMR. All four rules include an exemption for certain cogeneration units. To qualify for this exemption, a unit must, among other things, meet an efficiency standard included in the cogeneration unit definition. Today, in light of information concerning existing biomass-fired cogeneration units that may not qualify for the exemption, EPA is proposing a change in the cogeneration unit definition in CAIR, the CAIR model cap-and-trade rules, the CAIR FIP, CAMR, and the CAMR model cap-and-trade rule, and the proposed CAMR Federal Plan. Specifically, EPA is proposing to revise the efficiency standard in the cogeneration unit definition so that the standard would apply, with regard to certain units, only to the fossil fuel portion of a unit's energy input. This change to the CAIR model cap-and-trade rules, CAIR FIP, CAMR, and proposed CAMR Federal Plan would likely make it possible for some additional units to qualify for the cogeneration unit exemption in these rules. Because it would only affect a small number of relatively low emitting units, this would have little effect on the projected emissions reductions and the environmental benefits of these rules. EPA is also considering revisions to the definition of ``total energy input,'' a term used in the efficiency standard. This action also proposes minor technical corrections to CAIR and the Acid Rain Program rules. Finally, this action proposes minor revisions to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (``boiler MACT'').
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Administrative Procedures2007-Feb-017-1619EPA is approving a State Implementation Plan (SIP) revision submitted by the Governor of Utah on August 15, 2001. This SIP submittal deletes Utah's rules R307-102-3, ``Administrative Procedures and Hearings,'' and R307-414-3, ``Request for Review.'' EPA is removing Utah's rules R307-102-3 and R307-414-3 from Utah's federally approved SIP, because these rules are not required to be in Utah's SIP. This action is being taken under section 110 of the Clean Air Act. EPA is also providing notice that on November 8, 2006, Utah was delegated authority to implement and enforce certain New Source Performance Standards, as of July 1, 2005. In addition, we are approving updates to the NSPS ``Delegation Status of New Source Performance Standards'' table.
Environmental Protection Agency -- Revisions of Standards of Performance for New and Existing Stationary Sources; Electric Utility Steam Generating Units; Federal Plan Requirements for Clean Air Mercury Rule; and Revisions of Acid Rain Program Rules2006-Dec-226-21573In this action, EPA proposes a Federal Plan to implement Clean Air Act (CAA) section 111 mercury (Hg) standards of performance for new and existing coal-fired electric utility steam generating units (Utility Unit or EGU) located in States or Indian Country covered by the Clean Air Mercury Rule (CAMR) which do not have EPA approved and currently effective State plans. The EPA will not take final action on the proposed Federal Plan until EPA either finds that a State has failed to timely submit a plan or disapproves a submitted plan. Any final Federal Plan is expected to serve primarily to temporarily fill a regulatory gap in circumstances where either a State fails to timely submit a plan or EPA disapproves a submitted plan as, in either case, States will be free to submit an approvable plan after promulgation of the Federal Plan and upon approval of the State Plan by EPA, the Federal Plan will no longer apply to coal-fired Utility Units covered by the State Plan. This action also proposes certain revisions to both the CAMR State Plan model cap-and-trade rule (in order to make it compatible with the Federal Plan cap-and-trade rule and to make technical corrections) and the Acid Rain Program regulations (in order to simplify the provision concerning alternate designated representatives and to make the administrative appeals process applicable to the decisions of the Administrator under the State Plan and Federal Plan cap-and-trade rules).
Interior Department -- Reporting Amendments2006-Jul-0706-5988The MMS is proposing to amend its existing regulations for reporting production and royalties on oil, gas, coal, and geothermal resources produced on Federal and Indian leases in order to align the regulations with current MMS business practices. These amendments reflect changes that were implemented as a result of a major reengineering of MMS's financial system and other legal requirements.
Environmental Protection Agency -- Revision of December 2000 Clean Air Act Section 112(n) Finding Regarding Electric Utility Steam Generating Units; and Standards of Performance for New and Existing Electric Utility Steam Generating Units: Reconsideration2006-Jun-0906-5173This action sets forth EPA's decision after reconsidering certain aspects of the March 29, 2005 final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). We are also issuing our final decision regarding reconsideration of certain issues in the May 18, 2005 final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units'' (Clean Air Mercury Rule; CAMR). After considering the petitions for reconsideration and the comments received, we are not revising the final Section 112(n) Revision Rule other than explaining in more detail what we meant by the effectiveness element in the term ``necessary.'' The only two substantive changes we are making to CAMR in response to comments involve revisions to the State mercury (Hg) allocations, and to the new source performance standards (NSPS). We also are finalizing the regulatory text that clarifies the applicability of CAMR to municipal waste combusters (MWC) and certain industrial boilers. Finally, we are denying the requests for reconsideration with respect to all other issues raised in the petitions for reconsideration submitted for both rules.
Labor Department -- Department of Labor Regulatory Review and Update2006-Apr-0306-3041The Department of Labor (DOL) is amending existing regulations to update obsolete non-substantive or nomenclature references in the Code of Federal Regulations (CFR). This action is intended to improve the accuracy of the agency's regulations and does not impose any new regulatory or technical requirements. DOL is also publishing concurrently a separate rule amending existing Occupational Safety and Health Administration regulations to update obsolete non-substantive references.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; New Source Performance Standards for Montana; Final Rule2006-Jan-2406-634EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Montana on August 20, 2003, except for revisions to three rules that EPA will act on at a later date. The revisions modify definitions and references to federal regulations and other materials in the Administrative Rules of Montana. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. This action is being taken under section 110 of the Clean Air Act.
Environmental Protection Agency -- Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units: Reconsideration2005-Oct-2805-21457On May 18, 2005, pursuant to section 111 of the Clean Air Act (CAA), EPA published a final rule, entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Steam Generating Units'' (the Clean Air Mercury Rule or CAMR; see 70 FR 28606). The final rule establishes standards of performance for emissions of mercury (Hg) from new and existing coal-fired electric utility steam generating units (Utility Units or EGU). After the notice of final rule appeared in the Federal Register, the Administrator received four petitions for reconsideration of certain aspects of CAMR. In this notice, EPA is announcing reconsideration of specific issues in CAMR, and we are requesting comment on those issues. We are seeking comment only on the aspects of CAMR specifically identified in this notice. We will not respond to any comments addressing other provisions of CAMR or any related rulemakings.
Environmental Protection Agency -- Cross-Media Electronic Reporting2005-Oct-1305-19601EPA is establishing the framework by which it will accept electronic reports from regulated entities in satisfaction of certain document submission requirements in EPA's regulations. EPA will provide public notice when the Agency is ready to receive direct submissions of certain documents from regulated entities in electronic form consistent with this rulemaking via an EPA electronic document receiving system. This rule does not mandate that regulated entities utilize electronic methods to submit documents in lieu of paper-based submissions. In addition, EPA is not taking final action on the electronic recordkeeping requirements at this time. States, tribes, and local governments will be able to seek EPA approval to accept electronic documents to satisfy reporting requirements under environmental programs that EPA has delegated, authorized, or approved them to administer. This rule includes performance standards against which a state's, tribe's, or local government's electronic document receiving system will be evaluated before EPA will approve changes to the delegated, authorized, or approved program to provide electronic reporting, and establishes a streamlined process that states, tribes, and local governments can use to seek and obtain such approvals.
Interior Department -- Oil and Gas Leasing; Geothermal Resources Leasing; Coal Management; Management of Solid Minerals Other Than Coal; Mineral Materials Disposal; and Mining Claims Under the General Mining Laws2005-Oct-0705-19851The Bureau of Land Management (BLM) is issuing this final rule to amend its mineral resources regulations to increase certain fees and to impose new fees to cover BLM's costs of processing documents relating to its minerals programs. The new fees include costs of actions such as environmental studies performed by BLM, lease applications, name changes, corporate mergers, lease consolidations and reinstatements, and other processing-related costs. BLM established some fixed fees and some fees on a case-by-case basis. BLM based these fee changes on statutory authorities, which authorize us to charge for our processing costs, and on policy guidance from the Office of Management and Budget (OMB) and the Department of the Interior (DOI) requiring BLM to charge these fees. This rule also responds to recommendations issued in audit reports by the DOI's Office of Inspector General (OIG). The final rule also reflects changes to the proposed rule required by the Energy Policy Act of 2005.
Environmental Protection Agency -- Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units2005-Aug-3005-16927This action corrects and clarifies certain text of the final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units.'' The final rule was published in the Federal Register on May 18, 2005 (70 FR 28606). This action corrects certain section designations set forth in the final rule at 70 FR 28652. In addition, this action corrects certain revisions set forth in the final rule at 70 FR 28678. These corrections do not affect the substance of the action, nor do they change the rights or obligations of any party. Rather, this action merely corrects certain section designations to eliminate duplication with other rules. Thus, it is proper to issue these final rule corrections without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).
Interior Department -- Oil and Gas Leasing; Geothermal Resources Leasing; Coal Management; Management of Solid Minerals Other Than Coal; Mineral Materials Disposal; and Mining Claims Under the General Mining Laws2005-Jul-1905-13613The Bureau of Land Management (BLM) is again proposing to amend its mineral resources regulations to increase many fees and to impose new fees to cover BLM's costs of processing certain documents relating to its minerals programs. This would include costs for actions such as environmental studies, monitoring activities, and other processing-related costs. The BLM would establish some fixed fees and some fees on a case-by-case basis. The proposed fee changes are based on statutory authorities, which authorize BLM to charge for its processing costs, and on policy guidance from the Office of Management and Budget (OMB) and the Department of the Interior (DOI) requiring BLM to charge these fees. The fee changes also respond to recommendations issued in audit reports by the DOI's Office of Inspector General (OIG).
Environmental Protection Agency -- Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units2005-May-1805-8447In this document, EPA is finalizing the Clean Air Mercury Rule (CAMR) and establishing standards of performance for mercury (Hg) for new and existing coal-fired electric utility steam generating units (Utility Units), as defined in Clean Air Act (CAA) section 111. The amendments to CAA section 111 rules would establish a mechanism by which Hg emissions from new and existing coal-fired Utility Units are capped at specified, nation-wide levels. A first phase cap of 38 tons per year (tpy) becomes effective in 2010, and a second phase cap of 15 tpy becomes effective in 2018. Facilities must demonstrate compliance with the standard by holding one ``allowance'' for each ounce of Hg emitted in any given year. Allowances are readily transferrable among all regulated facilities. Such a ``cap-and-trade'' approach to limiting Hg emissions is the most cost-effective way to achieve the reductions in Hg emissions from the power sector. The added benefit of the cap-and-trade approach is that it dovetails well with the sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>) emission caps under the final Clean Air Interstate Rule (CAIR) that was signed on March 10, 2005. CAIR establishes a broadly-applicable cap-and-trade program that significantly limit SO<INF>2</INF> and NO<INF>X</INF> emissions from the power sector. The advantage of regulating Hg at the same time and using the same regulatory mechanism as for SO<INF>2</INF> and NO<INF>X</INF> is that significant Hg emissions reductions, especially reductions of oxidized Hg, can and will be achieved by the air pollution controls designed and installed to reduce SO<INF>2</INF> and NO<INF>X</INF>. Significant Hg emissions reductions can be obtained as a ``co-benefit'' of controlling emissions of SO<INF>2</INF> and NO<INF>X</INF>; thus, the coordinated regulation of Hg, SO<INF>2</INF>, and NO<INF>X</INF> allows Hg reductions to be achieved in a cost- effective manner. The final rule also finalizes a performance specification (PS) (Performance Specification 12A, ``Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources'') and a test method (``Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems''). The EPA is also taking final action to amend the definition of ``designated pollutant.'' The existing definition predates the Clean Air Act Amendments of 1990 (the CAAA) and, as a result, refers to section 112(b)(1)(A) which no longer exists. The EPA is also amending the definition of ``designated pollutant'' so that it conforms to EPA's interpretation of the provisions of CAA section 111(d)(1)(A), as amended by the CAAA. That interpretation is explained in detail in a separate Federal Register notice (70 FR 15994; March 29, 2005) announcing EPA's revision of its December 2000 regulatory determination and removing Utility Units from the 112(c) list of categories. For these reasons, EPA has determined that it is appropriate to promulgate the revised definition of ``designated pollutant'' without prior notice and opportunity for comment.
Environmental Protection Agency -- Clean Air Act Approval and Promulgation of Air Quality Implementation Plan Revision for North Dakota; Revisions to the Air Pollution Control Rules; Delegation of Authority for New Source Performance Standards2004-Oct-2104-23585EPA is approving certain revisions to the State Implementation Plan submitted by the Governor of North Dakota with a letter dated April 11, 2003. The revisions affect portions of air pollution control rules regarding general provisions and emissions of particulate matter and sulfur compounds. This action is being taken under section 110 of the Clean Air Act. In addition, EPA is providing notice that on November 6, 2003, North Dakota was delegated authority to implement and enforce certain New Source Performance Standards, as of January 31, 2002.
Environmental Protection Agency -- Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; New Source Performance Standards for Montana2004-Jul-2004-16448EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Montana on April 18, 2003 and August 20, 2003. The revisions modify the open burning rules, definitions and references to Federal regulations and other materials in the Administrative Rules of Montana. The intended effect of this action is to make federally enforceable those provisions that EPA is proposing to approve and to disapprove those provisions that are not approvable. We are also announcing that on January 9, 2004, we updated the delegation of authority for the implementation of the New Source Performance Standards (NSPS) to the State of Montana. This action is being taken under sections 110 and 111 of the Clean Air Act.
Environmental Protection Agency -- Clean Air Act Approval and Promulgation of Air Quality Implementation Plan Revision for North Dakota; Revisions to the Air Pollution Control Rules; Delegation of Authority for New Source Performance Standards2004-Jul-0704-15341EPA is proposing to approve revisions to the State Implementation Plan submitted by the Governor of North Dakota with a letter dated April 11, 2003. The revisions affect portions of air pollution control rules regarding general provisions and emissions of particulate matter and sulfur compounds. This action is being taken under section 110 of the Clean Air Act. EPA is not acting on revisions to the shutdown and malfunction provisions, the construction and minor source permitting rules or the prevention of significant deterioration rules at this time. EPA will handle separately direct delegation requests for revisions to emission standards for hazardous air pollutants, emission standards for source categories and the State's Acid Rain Program. In addition, EPA is providing notice that on November 6, 2003, North Dakota was delegated authority to implement and enforce certain New Source Performance Standards, as of January 31, 2002.
Environmental Protection Agency -- Delegation of Authority to the Oregon Department of Environmental Quality for New Source Performance Standards2004-Feb-1304-3225The Oregon Department of Environmental Quality (ODEQ) has submitted a request for an updated delegation of authority for implementation and enforcement of New Source Performance Standards (NSPS). The submissions cover new EPA standards and, in some instances, revisions to standards previously delegated to ODEQ. EPA has reviewed ODEQ's updated regulations and determined that ODEQ has adequate and effective procedures for the implementation and enforcement of these Federal NSPS standards. This action informs the public of the updated delegation to ODEQ. EPA is also making a technical amendment to update the addresses of delegated air agencies in Oregon. This is a nonregulatory action.
Environmental Protection Agency -- Delegation of Authority to the Washington State Department of Ecology, Benton Clean Air Authority, Northwest Air Pollution Authority, Olympic Regional Clean Air Agency, Puget Sound Clean Air Agency, Spokane County Air Pollution Control Authority, Southwest Clean Air Agency, and Yakima Regional Clean Air Authority for New Source Performance Standards2004-Feb-1304-3227The Washington State Department of Ecology (Ecology), Benton Clean Air Authority (BCAA), Northwest Air Pollution Authority (NWAPA), Olympic Regional Clean Air Agency (ORCAA), Puget Sound Clean Air Agency (PSCAA), Spokane County Air Pollution Control Authority (SCAPCA), Southwest Clean Air Agency (SWCAA), and Yakima Regional Clean Air Authority (YRCAA) have submitted requests for delegation of EPA authority for implementation and enforcement of New Source Performance Standards (NSPS). The submissions cover new EPA standards and, in some instances, revisions to standards previously delegated to these agencies. EPA has reviewed the updated regulations and determined that these State and local air agencies have adequate and effective procedures for the implementation and enforcement of these Federal NSPS standards. This action informs the public of delegations to the above- mentioned State and local air agencies. EPA is also making a technical amendment to update the names and addresses of the State and local air agencies that have delegation of NSPS standards in Washington and to update the informational table that shows which NSPS standards have been delegated to State and local agencies in Washington. This is a nonregulatory action.
Environmental Protection Agency -- Proposed National Emission Standards for Hazardous Air Pollutants; and, in the Alternative, Proposed Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units2004-Jan-3004-1539In this document, EPA is proposing to: set national emission standards for hazardous air pollutants (NESHAP) pursuant to section 112 of the Clean Air Act (CAA); alternatively, to revise the regulatory finding that it made on December 20, 2000 (65 FR 79825) pursuant to CAA section 112(n)(1)(A); and if the December 2000 finding is revised as proposed herein, to set standards of performance for mercury (Hg) for new and existing coal-fired electric utility steam generating units (Utility Units), as defined in CAA section 112(a)(8), and for nickel (Ni) for new and existing oil-fired Utility Units pursuant to CAA section 111. The decision concerning which authority to base regulation of Hg and Ni emissions on, CAA section 112 or section 111, will depend upon whether EPA takes final action to revise the December 2000 section 112(n)(1)(A) finding in the manner described herein. In either event, however, EPA intends to require reductions in the emissions of Hg and Ni from coal- and oil-fired Utility Units, respectively. This action is one part of a broader effort to issue a coordinated set of emissions limitations for the power sector. In December 2000, EPA found pursuant to CAA section 112(n)(1)(A) that regulation of coal- and oil-fired Utility Units under CAA section 112 is appropriate and necessary. Today's proposed section 112 ``MACT'' rule would require coal- and oil-fired Utility Units to meet hazardous air pollutant (HAP) emissions standards reflecting the application of the maximum achievable control technology (MACT) determined pursuant to the procedures set forth in CAA section 112(d). The EPA also is co- proposing and soliciting comment on implementing a cap-and-trade program under section 112, similar to that being proposed under section 111 of the CAA. Coal- and oil-fired Utility Units emit a wide variety of metal, organic, and inorganic HAP, depending on the type of fuel that is combusted. The proposed CAA section 112 MACT rule would limit emissions of Hg and Ni. Exposure to Hg and Ni above identified thresholds has been demonstrated to cause a variety of adverse health effects. Today's proposed amendments to CAA section 111 rules would establish a mechanism by which Hg emissions from new and existing coal- fired Utility Units would be capped at specified, nation-wide levels. A first phase cap would become effective in 2010 and a second phase cap in 2018. Facilities would demonstrate compliance with the standard by holding one ``allowance'' for each ounce of Hg emitted in any given year. Allowances would be readily transferrable among all regulated facilities. We believe that such a ``cap and trade'' approach to limiting Hg emissions is the most cost effective way to achieve the reductions in Hg emissions from the power sector that are needed to protect human health and the environment. The added benefit of this cap-and-trade approach is that it dovetails well with the sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>) Interstate Air Quality Rule (IAQR) published elsewhere in today's Federal Register. That proposed rule would establish a broadly-applicable cap and trade program that would significantly limit SO<INF>2</INF> and NO<INF>X</INF> emissions from the power sector. The advantage of regulating Hg at the same time and using the same regulatory mechanism as for SO<INF>2</INF> and NO<INF>X</INF> is that significant Hg emissions reductions can and will be achieved by the air pollution controls designed and installed to reduce SO<INF>2</INF> and NO<INF>X</INF>. In other words, significant Hg emissions reductions can be obtained as a ``co-benefit'' of controlling emissions of SO<INF>2</INF> and NO<INF>X</INF>. Thus, the coordinated regulation of Hg, SO<INF>2</INF>, and NO<INF>X</INF> allows Hg reductions to be achieved in a cost effective manner. This is consistent with Congress's intent expressed in CAA section 112(n), that EPA would regulate HAP emissions from Utility Units only after taking into account compliance with other CAA programs. This action also proposes to add Performance Specification 12A, ``Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources'' to 40 CFR part 60, appendix B, and to add one EPA method to 40 CFR part 63, appendix A: Method 324, ``Determination of Vapor Phase Flue Gas Mercury Emissions from Stationary Sources Using Dry Sorbent Trap Sampling.''
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; States of Montana and Wyoming; Revisions to the Administrative Rules of Montana; New Source Performance Standards for Wyoming and Montana2003-Nov-0503-27265EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the Governor of Montana on October 28, 2002. The October 28, 2002 submittal revises the Administrative Rules of Montana (ARM) by updating the Incorporation by Reference rules, deleting the definition for volatile organic compounds (VOCs), and making other minor corrections to the rules. The October 28, 2002 submittal also makes revisions to the Yellowstone County Air Pollution Control Program (YCAPCP). EPA is only approving the revisions to the section of the YCAPCP that have been approved into the SIP. The intended effect of this action is to make these revisions federally enforceable. We are also announcing that on June 24, 2003, we updated the delegation of authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State of Montana. On August 9, 2000, August 2, 2001 and June 30, 2003, the State of Wyoming submitted revisions to the NSPS in the Wyoming Air Quality Standards and Regulations and requested delegation of the NSPS. We are announcing that on August 13, 2003, we delegated the authority for the implementation and enforcement of the NSPS to the State of Wyoming. In addition, we are updating the ``Delegation Status of New Source Performance Standards [(NSPS) for Region VIII]'' table to add entries for newly delegated NSPS subparts for the State of Montana and the State of Wyoming. These actions are being taken under sections 110 and 111 of the Clean Air Act (CAA).
Agriculture Department -- Loan Payments and Collections2003-Oct-2803-27046The Agencies are revising their internal loan payment and collections regulations to replace the current regulations. This action is necessary since existing regulations are obsolete and do not accurately reflect the current payment and collections methodologies employed by the Agencies. The intended effect is to simplify and update the regulations; update internal control procedures for safeguarding collections; remove references to the Concentration Banking System (CBS) procedures which were eliminated in November 1997; and to add procedures for new electronic payment methods that are currently in use by the Agencies (Preauthorized Debits, FedWire, Customer Initiated Payments, etc.). These amended regulations are to ensure the Agencies' field offices have current guidance on the payment and collection methods available and how to use them.
Labor Department -- Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust2003-Mar-0603-3941This proposed rule supercedes the proposed rule published by MSHA on July 7, 2000. Under this proposed rule mine operators would be required to verify and periodically monitor, through sampling, the effectiveness of the dust control parameters for each mechanized mining unit (MMU) specified in the mine ventilation plan. For samples to be valid, the operator would be required to sample on a production shift during which the amount of material produced by a MMU is at or above the verification production level using only the dust control parameters listed in the ventilation plan. The use of approved powered, air-purifying respirators (PAPRs) and/or verifiable administrative controls would be allowed as a supplemental means of compliance when MSHA determines that all feasible engineering or environmental controls are being used. MSHA is also proposing to rescind operator compliance sampling in underground coal mines. The use of a personal, continuous dust monitor (PCDM), once developed and approved, could be used by an operator in conjunction with the dust control parameters specified in the mine ventilation plan. The proposed rule would significantly improve miners health protection by limiting the exposure of individual miners to respirable coal mine dust.
Agriculture Department -- Reengineering and Reinvention of the Direct Section 502 and 504 Single Family Housing (SFH) Programs2002-Dec-2402-32190The Rural Housing Service (RHS), published an interim final rule on November 22, 1996 (61 FR 59761-59802) requesting comments on the Single Family Housing regulations. This action incorporates the changes made as a result of the comments received and is taken to further reduce unnecessary Federal regulations, improve customer service, and improve the agency's ability to achieve greater efficiency, flexibility and effectiveness in managing its SFH portfolio. The intended effect of this action is to improve service to rural America and comply with the Administration's goal of reducing unnecessary Federal regulations.
Interior Department -- Coal Management: Noncompetitive Leases; Coal Management Provisions and Limitations2002-Oct-1502-26064This final rule corrects a technical error relating to coal lease modifications made in a 1999 final rule. It also amends the regulations to reflect the statutory increase in the maximum acreage of Federal leases for coal that an individual or entity may hold in any one state and nationally.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Utah; New Source Performance Standards2002-Sep-1902-23378On January 8, 1999 and December 10, 1999, the Governor of Utah submitted revisions to the New Source Performance Standards (NSPS) rules in Utah's Air Conservation Regulations. We are announcing that on June 10, 2002 we delegated the authority for the implementation and enforcement of the NSPS to the State. Given that the State has been delegated the authority for implementation and enforcement of the NSPS, we are removing the NSPS rules from the Utah SIP. In addition, we are approving updates to the NSPS ``Delegation Status of New Source Performance Standards'' table. These actions are being taken under sections 110 and 111 of the Clean Air Act.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; New Source Performance Standards2002-Sep-1102-22976On June 30, 2000, the State of South Dakota submitted a request for delegation of the New Source Performance Standards (NSPS) and requested that the NSPS be removed from the State Implementation Plan (SIP). On April 2, 2002, EPA delegated to the State of South Dakota the authority to implement and enforce the NSPS program. Since the State has been delegated the authority to implement and enforce the NSPS program, the intended effect of this action is to remove the NSPS sections from the SIP and also update the NSPS ``Delegation Status of New Source Performance Standards'' table. These actions are being taken under sections 110 and 111 of the Clean Air Act. Other parts of the June 30, 2000 submittal will be acted on in a separate notice.
Environmental Protection Agency -- Clean Air Act Approval and Promulgation of Air Quality Implementation Plans for the State of Montana; Revisions to the Administrative Rules of Montana2002-Aug-2802-21944EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the Governor of Montana on April 30, 2001, May 21, 2001 and December 20, 2001. The April 30, 2001 and December 20, 2001 submittals revise the State's Administrative Rules of Montana (ARM) by updating Incorporation by Reference rules. The May 21, 2001 submittal repeals the State's Sulfur Oxide--Primary Copper rule. EPA is also announcing that on February 1, 2002, we updated the delegation of authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State. Finally, the Governor's April 30, 2001 submittal contains other SIP revisions which have been or will be addressed separately. The intended effect of this action is to make these revisions federally enforceable. The EPA is taking this action under section 110 of the Clean Air Act (CAA).
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; New Source Performance Standards2002-Jul-1002-17358On June 30, 2000, the State of South Dakota submitted a request for delegation of the New Source Performance Standards (NSPS) and requested that the NSPS be removed from the State Implementation Plan (SIP). Through this Federal Register notice, EPA is announcing that on April 2, 2002 we delegated to the State of South Dakota the authority to implement and enforce the NSPS program. Since the State has been delegated the authority to implement and enforce the NSPS program, we are proposing to remove the NSPS sections from the SIP. EPA is also proposing updates to the NSPS ``Delegation Status of New Source Performance Standards'' table. These actions are being taken under sections 110 and 111 of the Clean Air Act. Other parts of the June 30, 2000 submittal will be acted on in a separate notice.
Interior Department -- Technical Amendments2002-Apr-1802-9242The MMS is updating its regulations to reflect changes in our organization name, system names, handbook titles, addresses, and regulatory cites as well as correcting miscellaneous clerical errors. We are also removing certain parts of the CFR relating to laws that have been repealed. These technical amendments will make MMS regulations more accurate and useful.
Interior Department -- Coal Management: Noncompetitive Leases; Coal Management Provisions and Limitations2002-Jan-1802-1339The purposes of this proposed rule are to correct a technical error relating to coal lease modifications made in a final rule published on September 28, 1999 (64 FR 52239)(the 1999 rule), and to amend the regulations to reflect the statutory increase in the maximum acreage of Federal leases for coal that may be held by an individual or entity in any one state as well as nationally. This rule would revise the regulations of the Bureau of Land Management (BLM) to reflect correction of a technical error regarding the requirement of a public hearing and publication (in the Federal Register and a general circulation newspaper) of a notice of availability of environmental analysis documents for coal lease modifications. This error was made in conjunction with the BLM's September 1999 regulatory revisions incorporating public participation procedures into the competitive coal leasing regulations.
Interior Department -- Solid Minerals Reporting Requirements2001-Aug-3001-21638MMS is updating its solid minerals reporting regulations to implement our reengineered royalty compliance strategy. The new reporting requirements will provide the necessary information to timely verify that mineral revenues due the government are correctly paid in compliance with applicable laws, regulations, and lease terms. The new reporting requirements replace several existing information collections and decrease the reporting burden for solid mineral reporters.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Montana2001-Aug-1301-20039On June 15, 2001, EPA published a direct final rule (66 FR 32545) partially approving and partially disapproving, and a parallel proposed rule (66 FR 32594) proposing to partially approve and partially disapprove, State Implementation Plan (SIP) revisions submitted by the Governor of Montana on September 19, 1997; December 10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These submitted revisions are intended to recodify and modify the State's air quality rules so that they are consistent with Federal requirements, minimize repetition in the air quality rules, and clarify existing provisions. They also contain Yellowstone County's Local Regulation No. 002--Open Burning. Also, in our June 15, 2001 publication, EPA announced that on May 16, 2001, we delegated the authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State. EPA also updated the NSPS and National Emissions Standards for Hazardous Air Pollutants (NESHAP) ``Status of Delegation Tables'' and the names and addresses of the Regional Office and State Offices in the Region. EPA also updated regulations to indicate that Montana provided a negative declaration. The direct final and proposed rule preambles explained that the direct final rule was to become effective on August 14, 2001. However, if EPA received an adverse comment by July 16, 2001, EPA would publish a timely withdrawal of the direct final rule and it would not take effect. Only the June 15, 2001, parallel proposed rule preamble also stated that EPA would address all public comments in a subsequent final rule based on the proposed rule and that EPA would not institute a second comment period. Even though EPA did not receive adverse comments on the June 15, 2001, actions, EPA is withdrawing the June 15, 2001, parallel proposed rule because the direct final and parallel proposed rules contain a number of errors that we have independently identified and want to correct before the direct final rule would otherwise become effective on August 14, 2001. EPA will issue another direct final rule and a parallel proposed rule correcting these errors and addressing the Governor of Montana's September 19, 1997, December 10, 1997, April 14, 1999, December 6, 1999, and March 3, 2000, submittals.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Montana2001-Aug-1301-19872EPA is taking direct final action partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the Governor of Montana on September 19, 1997; December 10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These submitted revisions are intended to recodify and modify the State's air quality rules so that they are consistent with Federal requirements, minimize repetition in the air quality rules, and clarify existing provisions. They also contain Yellowstone County's Local Regulation No. 002--Open Burning. We are also announcing that on May 16, 2001 we delegated the authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State. We are updating the NSPS and National Emissions Standards for Hazardous Air Pollutants (NESHAP) ``Status of Delegation Tables'' and the names and addresses of the Regional Office and State Offices in the Region. We are also updating regulations to indicate that Montana provided a negative declaration. EPA is either not acting on or disapproving certain provisions of the State's air quality rules that should not be in the SIP because they are not generally related to attainment of the National Ambient Air Quality Standards (NAAQS) or they are inconsistent with our SIP requirements. Finally, some provisions of the rules will be acted on at a later date. This action is being taken under sections 110 and 111 of the Clean Air Act.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Montana2001-Aug-1301-19871On June 15, 2001, EPA published a direct final rule (66 FR 32545) partially approving and partially disapproving, and a parallel proposed rule (66 FR 32594) proposing to partially approve and partially disapprove, State Implementation Plan (SIP) revisions submitted by the Governor of Montana on September 19, 1997; December 10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These submitted revisions are intended to recodify and modify the State's air quality rules so that they are consistent with Federal requirements, minimize repetition in the air quality rules, and clarify existing provisions. They also contain Yellowstone County's Local Regulation No.002--Open Burning. Also, in our June 15, 2001 publication, EPA announced that on May 16, 2001, we delegated the authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State. EPA also updated the NSPS and National Emissions Standards for Hazardous Air Pollutants (NESHAP) ``Status of Delegation Tables'' and the names and addresses of the Regional Office and State Offices in the Region. EPA also updated regulations to indicate that Montana provided a negative declaration. The direct final and proposed rule preambles explained that the direct final rule was to become effective on August 14, 2001. However, if EPA received an adverse comment by July 16, 2001, EPA would publish a timely withdrawal of the direct final rule and it would not take effect. Only the June 15, 2001, parallel proposed rule preamble also stated that EPA would address all public comments in a subsequent final rule based on the proposed rule and that EPA would not institute a second comment period. Even though EPA did not receive adverse comments on the June 15, 2001, actions, EPA is withdrawing the June 15, 2001, direct final rule because the direct final and parallel proposed rules contain a number of errors that we have independently identified and want to correct before the direct final rule would otherwise become effective on August 14, 2001. EPA will issue another direct final rule and a parallel proposed rule correcting these errors and addressing the Governor of Montana's September 19, 1997, December 10, 1997, April 14, 1999, December 6, 1999, and March 3, 2000, submittals.
Environmental Protection Agency -- Approval and Promulgation of Air Quality Implementation Plans; Montana2001-Jun-1501-15027EPA is taking direct final action partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the Governor of Montana on September 19, 1997; December 10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These revisions recodify and modify the State's air quality rules so that they are consistent with Federal requirements, minimize repetition in the air quality rules, and clarify existing provisions. In addition, we are also approving into the SIP Yellowstone County's Local Regulation No.002--Open Burning. Finally, we are also announcing that we delegated the authority for the implementation and enforcement of the New Source Performance Standards (NSPS) to the State. EPA is either not acting on or disapproving certain provisions of the State's air quality rules that should not be in the SIP because they are not generally related to attainment of the National Ambient Air Quality Standards (NAAQS) or they are inconsistent with our SIP requirements. Finally, some provisions of the rules will be acted on at a later date. This action is being taken under sections 110 and 111 of the Clean Air Act.
Interior Department -- Solid Minerals Reporting Requirements2001-Jun-0501-14123MMS is proposing to revise its solid minerals reporting regulations. The new reporting requirements would replace several existing information collections and decrease the reporting burden for solid mineral reporters. The new requirements would also improve MMS's ability to verify that revenues due the government have been paid correctly under applicable laws, regulations and lease terms.
Interior Department -- Mining Claims Under the General Mining Laws; Surface Management2001-Mar-2301-7071The Bureau of Land Management (BLM) proposes to suspend final regulations published on November 21, 2000, that amended the rules governing mining operations involving metallic and some other minerals on public lands. A suspension would provide the BLM an opportunity to review some of the new requirements in light of issues plaintiffs raise in four lawsuits challenging the rules and in light of issues the Governor of Nevada and others have raised since the final rules were published. BLM has concerns about substantial policy and legal issues raised in the lawsuits and wants to resolve such concerns before implementing a new regulatory program. To avoid a regulatory vacuum that would result from a suspension, BLM proposes to republish and reinstate as a final rule the rules that were in place on January 19, 2001, the day before the revised rules became effective.
Labor Department -- Diesel Particulate Matter Exposure of Underground Coal Miners; Delay of Effective Dates2001-Mar-1501-6430In accordance with the memorandum dated January 20, 2001, from Andrew H. Card, Jr., the Assistant to the President and Chief of Staff, entitled ``Regulatory Review Plan,'' published in the Federal Register on January 24, 2001 (66 FR 7702), the Mine Safety and Health Administration is delaying for 60 days the effective dates of the final rule entitled, ``Diesel Particulate Matter Exposure of Underground Coal Miners,'' published in the Federal Register on January 19, 2001 (66 FR 5526). This temporary delay will allow the Department an opportunity for further consideration of this rule.
Environmental Protection Agency -- Standards of Performance for New Stationary Sources; Supplemental Delegation of Authority to the State of Colorado2001-Mar-0601-5416The purpose of this document is to inform the public that, on September 8, 2000, EPA updated its delegation of authority to the State of Colorado for implementation and enforcement of the Federal new source performance standards (NSPS) as in effect on July 1, 1996 and for the NSPS for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996 (40 CFR 60, subpart Ec, promulgated on September 15, 4838-FR-622). EPA granted delegation in response to requests dated June 27, 1997 and December 16, 1998 from the State of Colorado. EPA is also updating the table in 40 CFR part 60 regarding the NSPS delegation status for EPA Region VIII States. Last, EPA is updating the EPA Region VIII address and the State of Colorado's address listed in 40 CFR part 60.
Interior Department -- Mining Claims Under the General Mining Laws; Surface Management2000-Nov-2100-29472The Bureau of Land Management (BLM or ``we'') amends its regulations governing mining operations involving metallic and some other minerals on public lands. We are amending the regulations to improve their clarity and organization, address technical advances in mining, incorporate policies we developed after we issued the previous regulations twenty years ago, and better protect natural resources and our Nation's natural heritage lands from the adverse impacts of mining. We intend these regulations to prevent unnecessary or undue degradation of BLM-administered lands by mining operations authorized under the mining laws.
Interior Department -- Interest Rate Applicable to Late Payment or Underpayment of Monies Due on Solid Minerals and Geothermal Leases2000-Sep-1300-23402The Minerals Management Service (MMS) is revoking its rulemaking published on March 29, 1994, regarding interest rates used to assess interest on late payment or underpayment of monies due on solid minerals and geothermal leases. A decision of the United States Court of Appeals for the District of Columbia Circuit invalidated the amendments promulgated in 1994. This rule reinstates the pre-1994 rule.
Environmental Protection Agency -- NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors2000-Jul-1000-16515On September 30, 1999 the Environmental Protection Agency (EPA) published the Hazardous Waste Combustors NESHAP Final Rule. On November 19, 1999 EPA published the first technical correction of that rule to address a time sensitive situation. Today's rule corrects numerous typographical errors and clarifies several issues from the September 30, 1999 rule, one issue from a closely-related June 19, 1998 rule, and makes one adjustment to the November 19, 1999 technical correction. These corrections and clarifications will make the NESHAP final rule easier to understand and implement.
Labor Department -- Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust2000-Jul-0700-16149MSHA is proposing to revoke existing operator respirable dust sampling procedures under parts 70 and 90, and to implement new regulations that would require each underground coal mine operator to have a verified mine ventilation plan. Under this proposal, MSHA would verify the effectiveness of the mine ventilation plan for each mechanized mining unit (MMU) in controlling respirable dust under typical mining conditions. MSHA would collect full-shift respirable dust samples, called ``verification samples,'' to demonstrate the adequacy of the dust control parameters specified in the mine ventilation plan in maintaining the concentration of respirable coal mine and quartz dust at or below 2.0 mg/m\3\ and 100 <greek-m>g/m\3\, respectively. The adequacy of these parameters would be demonstrated on shifts during which the amount of the material produced is at or above the ``verification production level'' (VPL) or the tenth highest production level recorded in the most recent 30 production shifts. The proposal would require mine operators to: First, set and maintain the dust control parameters during MSHA verification sampling at levels specified in the plan; second, maintain and make available to MSHA records of the amount of material produced by each mechanized mining unit during each production shift; and third, additional information in mine ventilation plans. For longwall mine operations, MSHA is also proposing to permit the use of either approved powered, air-purifying respirators (PAPRs) or verifiable administrative controls as a supplemental means of compliance if MSHA has determined that further reduction in respirable dust levels cannot be achieved using all feasible engineering or environmental controls appropriate for the operational conditions involved. In addition, through this rule, MSHA would conduct all compliance and abatement sampling under existing parts 70 and 90.
Labor Department -- Determination of Concentration of Respirable Coal Mine Dust2000-Jul-0700-14075This proposal announces that the Secretary of Labor and the Secretary of Health and Human Services (the Secretaries) would find in accordance with sections 101 (30 U.S.C. 811) and 202(f)(2) (30 U.S.C. 842(f)(2)) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that the average concentration of respirable dust to which each miner in the active workings of a coal mine is exposed can be accurately measured over a single shift. The Secretaries are proposing to rescind a previous 1972 finding, by the Secretary of the Interior and the Secretary of Health, Education, and Welfare, on the validity of such single-shift sampling. Today's proposal addresses the final decision and order in NMA v. Secretary of Labor, issued by the United States Court of Appeals for the 11th Circuit on September 4, 1998 (153 F. 3d 1264). That case vacated a 1997 Joint Finding and MSHA's proposed policy concerning the use of single, full-shift respirable dust measurements to determine noncompliance when the applicable respirable dust standard was exceeded. The Agencies are also announcing that they will hold public hearings on the joint proposed rule within 45 to 60 days of its publication. The hearings will be held in the following locations: Prestonsburg, Kentucky (Jenny Wiley State Park); Morgantown, West Virginia; and Salt Lake City, Utah.
Interior Department -- Amendments to Gas Valuation Regulations for Indian Leases2000-Jun-1500-15201The Minerals Management Service (MMS) is proposing to remove the special timing requirements for adjustments and audits of royalties on gas produced from Indian leases in Montana and North Dakota. These timing requirements may force tribal and MMS auditors to expend additional time and money or postpone ongoing audits to meet the restricted time periods. Removing these timing restrictions should increase royalties collected for Indian leases in these States.
Environmental Protection Agency -- Clean Air Act Approval and Promulgation of State Implementation Plan; South Dakota; New Source Performance Standards2000-May-2200-12522The EPA approves revisions to the South Dakota State implementation plan (SIP) which update the State's incorporation by reference of the Federal New Source Performance Standards (NSPS). The SIP revisions were submitted by the designee of the Governor of South Dakota on May 2, 1997 and on May 6, 1999. The State adopts the Federal NSPS by reference in subchapter 74:36:07 of the Administrative Rules of South Dakota (ARSD). The State also repealed a rule that required stack tests for asphalt batch plants, aside from the initial stack test required by the NSPS, to be performed if certain conditions existed. EPA approves the revisions to the ARSD 74:36:07 because the revisions are consistent with Federal regulations. This approval action does not extend to sources in Indian country.
Interior Department -- Establishing Oil Value for Royalty Due on Federal Leases2000-Mar-1500-6049The Minerals Management Service (MMS) is amending its regulations regarding valuation, for royalty purposes, of crude oil produced from Federal leases. MMS is changing the way that oil not sold under an arm's-length contract is valued; providing optional ways for lessees to value their crude oil production if they sell it at arm's length following one or more arm's-length exchanges or one or more transfers between affiliates; changing the way that actual transportation costs are calculated; changing the definition of ``affiliate'' because of a recent judicial decision; clarifying that it will issue binding value determinations; and adding specific regulatory language regarding the issue of ``second-guessing'' a sale under an arm's-length contract. These amendments are intended to assure that royalties on Federal oil production are based on a fair value and to otherwise simplify and improve the rule.
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