[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19885-19887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11023]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 946
[VA-107-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 consists of statutory changes contained
in Virginia House Bill 706 and the implementing regulations, both of
which address sudden release of accumulated water from underground coal
mine voids. The amendment is intended to improve the effectiveness of
the Virginia program.
DATES: Written comments must be received by 4:00 p.m., on June 3, 1996.
If requested, a public hearing on the proposed amendment will be held
on May 28, 1996. Requests to speak at the hearing must be received by
4:00 p.m., on May 20, 1996.
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, P.O. Box 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 April 17, 1996 (Administrative Record No. VA-876),
Virginia submitted amendments to Sec. 45.1-243 of the Code of Virginia
contained in Virginia House Bill 706, and concerning the sudden release
of accumulated water from underground coal mine voids. Virginia also
submitted the proposed implementing regulations at Sec. 480-03-
19.784.14 concerning hydrologic information for reclamation and
operations plans, and Sec. 480-03-19.817.41 concerning performance
standards for hydrologic balance protection.
The proposed amendments are as follows:
1. Sec. 45.1-243 of the Code of Virginia is amended by adding a new
subsection to read as follows:
B. The Director's regulations shall require that permit applicants
submit hydrologic reclamation plans that include measures that will be
utilized to prevent the sudden release of
[[Page 19886]]
accumulated water from underground workings.
2. Sec. 480-03-19.784.14(g) of the Virginia regulations is amended
to add the requirement that the hydrologic reclamation plan shall also
include identification of the measures to be taken to prevent the
sudden release of accumulated water from the underground workings.
3. Sec. 480-03-19.817.41(I) is amended by adding new subparagraph
(3) to read as follows:
(3) Except where surface entries and accesses to underground
workings are located pursuant to (i)(1) of this Section, an unmined
barrier of coal shall be left in place where the coal seam dips toward
the land surface. The unmined barrier and associated overburden shall
be designed to prevent the sudden release of water that may accumulate
in the underground workings.
(I) The applicant may demonstrate the appropriate barrier width and
overburden height by either:
(A) providing a site specific design, certified by a qualified
registered professional engineer, which considers the overburden and
barrier characteristics; or
(B) providing the greater barrier width necessary for a minimum of
100 feet of vertical overburden or for an unmined horizontal barrier
calculated by the formula: W=50+H, when W is the minimum width in feet
and H is the calculated hydrostatic head in feet.
(ii) Exception to the barrier requirement may be approved provided
the Division finds, based upon the geologic and hydrologic conditions,
an accumulation of water in the underground workings cannot reasonably
be expected to occur or other measures taken by the applicant are
adequate to prevent the accumulation of water.
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 May 20, 1996. 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.
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. According, 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
Intergovernmental relations, Surface mining, Underground mining.
[[Page 19887]]
Dated: April 25, 1996.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-11023 Filed 5-2-96; 8:45 am]
BILLING CODE 4310-05-M
