[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28226]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Virginia regulatory program (hereinafter referred to as the Virginia
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment includes changes to Secs. 480-03-
19.816/817.102(e) of the Virginia program relative to the disposal of
coal processing waste and underground development waste in mined-out
areas. The amendment is intended to clarify what provisions of the coal
mine waste disposal regulations apply when disposal of coal processing
waste or underground development waste occurs in mined-out areas for
the purpose of backfilling a disturbed area.
DATES: Written comments must be received by 4 p.m., e.s.t. on December
16, 1994. If requested, a public hearing on the proposed amendment will
be held on December 12, 1994. Requests to speak at the hearing must be
received by 4 p.m., e.s.t. on December 1, 1994.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. Robert A. Penn, Director, Big Stone
Gap Field Office at the first address listed below.
Copies of the Virginia program, the proposed amendment, a listing
of any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requestor may receive one free copy of
the proposed amendment by contacting OSM's Big Stone Gap Field Office.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Office of Surface Mining Reclamation and Enforcement, Big Stone Gap
Field Office, P.O. Drawer 1217, Powell Valley Square Shopping
Center, Room 220, Route 23, Big Stone Gap, Virginia 24219,
Telephone: (703) 523-4303.
Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big
Stone Gap, Virginia 24219, Telephone: (703) 523-8100.
FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big
Stone Gap Field Office, Telephone: (703) 523-4303.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
On December 15, 1981, the Secretary of the Interior conditionally
approved the Virginia program. Background information on the Virginia
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the December
15, 1981, Federal Register (46 FR 61085-61115). Subsequent actions
concerning the conditions of approval and program amendments can be
found at 30 CFR 946.12, 946.13, 946.15, and 946.16.
II. Discussion of the Proposed Amendment
By letter dated October 31, 1994 (Administrative Record No. VA-
839), Virginia submitted a proposed amendment to its program pursuant
to SMCRA. Virginia proposes to amend Sec. 480-03-19.816/817.102(e) to
clarify the Virginia regulations that are applicable when coal
processing waste and underground development waste is used as backfill
material for mined-out areas. If approved the proposed amendment will
settle interpretational differences between Virginia and OSM relative
to how the coal mine waste regulations apply to waste materials placed
in backfills. The text of the existing regulation is presented below
with proposed changes italicized:
Section 480-03-19.816/817.102 Backfilling and Grading: General
Requirements
* * * * *
(e) Disposal of coal processing waste and underground development
waste in the mined-out area shall be in accordance with Sec. 480-03-
19.816/817.81 and 83 as provided in subparagraphs (1) and (2) of this
section, except that a long-term static safety factor of 1.3 shall be
achieved.
(1) Disposal of coal processing waste and underground development
waste in the mined-out area to backfill disturbed areas shall be in
accordance with 480-03-19.816/817.81.
(2) Disposal of coal processing waste and underground development
waste in the mined-out area as a refuse pile and not to backfill
disturbed areas shall be in accordance with 480-03-19.816/817.81 and
480-03-19.816/817.83. The Division may approve a variance to 480-03-
19.816/817.83(a)(2) if the applicant demonstrates that the area above
the refuse pile is small and that appropriate measures will be taken to
direct or convey runoff across the surface area of the pile in a
controlled manner.
* * * * *
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendments proposed by Virginia satisfy
the applicable program approval criteria of 30 CFR 732.15. If the
amendments are deemed adequate, they will become part of the Virginia
program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Big Stone Gap Field Office
will not necessarily be considered in the final rulemaking or included
in the Administrative Record.
Public Hearing
Persons wishing to comment at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by close of
business on December 1, 1994. If no one requests an opportunity to
comment at a public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to comment have been heard. Persons in the audience
who have not been scheduled to comment, and who wish to do so, will be
heard following those scheduled. The hearing will end after all persons
scheduled to comment and persons present in the audience who wish to
comment have been heard.
Public Meeting
If only one person requests an opportunity to comment at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendments may request a meeting at the Big Stone Gap Field Office by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings will be open to the public and, if possible, notices of
meetings will be posted in advance at the locations listed under
ADDRESSES. A written summary of each public meeting will be made part
of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of the SMCRA (30 U.S.C. 1253 and 1255) and
30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the OMB under the Paperwork Reduction Act (44
U.S.C. 3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 946
Intergovernment relations, Surface mining, Underground mining.
Dated: November 7, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-28226 Filed 11-15-94; 8:45 am]
BILLING CODE 4310-05-M
