[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Proposed Rules]
[Pages 67016-67018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33431]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-112-FOR]
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 revises numerous provisions of the
Virginia program for surface coal mining and reclamation operations.
The amendment is intended to revise the State program to be consistent
with the Federal regulations.
DATES: Written comments must be received by 4:00 p.m., on January 22,
1998. If requested, a public hearing on the proposed amendment will be
held on January 20, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., on January 7, 1998.
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.
Office of Surface Mining Reclamation and Enforcement, Big Stone Gap
Field Office, 1941 Neeley Road, Suite 201, Compartment 116, 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 December 1, 1997 (Administrative Record VA-938),
the Virginia Department of Mines, Minerals and Energy (DMME) submitted
numerous amendments to the Virginia program. The DMME stated that the
purpose of the amendments is to address issues identified by OSM
pursuant to 30 CFR 732.17(d). The DMME stated that the proposed
amendments are intended to be materially consistent with the
corresponding Federal standards.
The proposed amendments are as follows:
4VAC 25-130-701.5 Definitions. Two definitions are amended:
``Previously mined area'' and ``other treatment facilities.''
4VAC 25-130-779.22 Land use information. This provision is
proposed for deletion.
4VAC 25-130-779.25 Cross sections, maps, and plans. Subsections
(a) and (b) are amended.
4VAC 25-130-780.23 Reclamation Plan; Land Use Information.
Subsections (a), (b), and (c) are amended.
4VAC 25-130-780.25 Reclamation Plan: Siltation Structures,
Impoundments, Banks, Dams and Embankments. Subsections (a), (b), (c),
and (f) are amended.
4VAC 25-130-780.35 Disposal of excess spoil. Subsection (b) is
amended.
4VAC 25-130-783.25 Cross sections, maps and plans. Subsection (a)
is amended and renumbered.
4VAC 25-130-784.15 Reclamation Plan: Land Use Information. The
existing language is deleted and replaced with new language.
4VAC 25-130-784.16 Reclamation Plan: Siltation Structures,
Impoundments, Banks, Dams, and Embankments. Subsections (a), (b), (c),
and (f) are amended.
4VAC 25-130-784.23 Operation plan; maps and plans. Subsections (b)
and (c) are amended.
4VAC 25-130-800.40 Requirements for release of performance bond.
New subsection (a)(3) is added.
4VAC 25-130-816.46 Hydrologic balance; siltation structures.
Subsections (a), (b), and (c) are amended.
4VAC 25-130-816.49 Impoundments. Subsections (a) and (c) are
amended.
4VAC 25-130-816.74 Disposal of excess spoil; preexisting benches.
Subsections (a) through (g) are amended.
4VAC 25-130-816.81 Coal mine waste; general requirements.
Subsections (a) and (c) are amended.
4VAC 25-130-816.89 Disposal of noncoal mine wastes. Subsection (d)
is deleted.
4VAC 25-130-816.104 Backfilling and grading; thin overburden. The
existing introductory paragraph is
[[Page 67017]]
deleted and replaced by new language, and existing paragraph (a) is
revised and renumbered.
4VAC 25-130-816.105 Backfilling and grading; thick overburden. The
existing introductory paragraph is deleted and replaced by new
language, and existing paragraph (a) is revised and renumbered.
4VAC 25-130-817.46 Hydrologic balance; siltation structures.
Subsections (a), (b), and (c) are amended.
4VAC 25-130-817.49 Impoundments. Subsections (a) and (c) are
amended.
4 VAC 25-130-817.74 Disposal of excess spoil; preexisting benches.
Subsections (a) through (g) are amended.
4 VAC 25-130-817.81 Coal mine waste; general requirements.
Subsections (a) and (c) are amended.
4 VAC 25-130-817.89 Disposal of noncoal mine Wastes. Subsection
(d) is deleted.
4 VAC 25-130-823.11 Applicability. Subsection (a) is amended.
4 VAC 25-130-840.11 Inspections by the division. Subsections (f),
(g), and (h) are amended.
4 VAC 25-130-843.14 Service of notices of violation, cessation
orders, and show cause orders. Subsection (a)(2) is amended.
4 VAC 25-130-845.17 Procedures for assessment of civil penalties.
Subsection (b) is amended.
4 VAC 25-130-845.18 Procedures for assessment conference.
Subsections (a) and (b), and new subsection (d) is added.
4 VAC 25-130-845.19 Request for hearing. Subsection (a) is
amended.
4 VAC 25-130-846.17 Assessment of an individual civil penalty.
Subsection (b)(3) is deleted and replaced by a new subsection (c).
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 January 7, 1998. 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.
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.
VI. 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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 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 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
counterpart 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.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
[[Page 67018]]
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 10, 1997.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-33431 Filed 12-22-97; 8:45 am]
BILLING CODE 4310-05-M
