[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Proposed Rules]
[Pages 31070-31072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15622]
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[[Page 31071]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-108-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 regulatory changes to
implement the remining standards of the Federal Energy Policy act of
1992. The amendment is intended to revise the State program to be
consistent with the Federal regulations as amended on November 27, 1995
(60 FR 58480).
DATES: Written comments must be received by 4:00 p.m., on July 19,
1996. If requested, a public hearing on the proposed amendment will be
held on July 15, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., on July 5, 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 Stolen 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:
1. 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 May 28, 1996 (Administrative Record No. VA-885),
Virginia submitted amendments to the Virginia program concerning
remining. The amendments are intended to make the Virginia program
consistent with the Federal regulations as amended on November 27, 1995
(60 FR 58480). Virginia stated that the proposed amendments implement
the remining standards of the Federal Energy Policy Act of 1992.
The proposed amendments are as follows:
1. Sec. 480-03-19.700.5 Definitions
(a) ``Lands eligible for remining'' has been added to mean those
lands that would otherwise be eligible for expenditures under section
404 or under section 402(g)(4) of the Federal Act.
(b) ``Unanticipated event or condition'' has been added to mean (as
used in Sec. 480-03-19.773.15), an event or condition related to prior
mining activity which arises from a surface coal mining and reclamation
operation on lands eligible for remining and was not contemplated by
the applicable permit.
2. Sec. 480-03-19.773.15 Review of Permit Applications
(a) New subsection (b)(4) has been added to provide, at (b)(4)(I)
that subsequent to October 24, 1992, the prohibitions of paragraph (b)
of this section regarding issuance of a new permit shall not apply to
any violation that: Occurs after that date; is unabated; and results
from an unanticipated event or condition that arises from a surface
coal mining and reclamation operation on lands that are eligible for
remining under a permit--issued before September 30, 2004, or any
renewals thereof, and held by the person making application for the new
permit.
New subsection (b)(4)(ii) provides that for permits issued under
Sec. 480-03-19.785.25 of this chapter, an event or condition shall be
presumed to be unanticipated for the purpose of this paragraph if it:
arose after permit issuance; was related to prior mining; and was not
identified in the permit.
(b) New subsection (c)(14) has been added to provide that for
permits to be issued under Sec. 480-03-19.785.25 of this chapter, the
permit application must contain: lands eligible for remining; an
identification of the potential environmental and safety problems
related to prior mining activity which could reasonably be anticipated
to occur at the site; and mitigation plans to sufficiently address
these potential environmental and safety problems so that reclamation
as required by the applicable requirements of this chapter can be
accomplished.
3. Sec. 480-03-19.785.25 Lands Eligible for Remining
This new section contains permitting requirements to implement
Sec. 480-03-19.773.15(b)(4), and provides that: (a) Any persons who
submits a permit application to conduct a surface coal mining operation
on lands eligible for remining must comply with this section. (b) any
application for a permit under this section shall be made according to
all requirements of this subchapter applicable to surface coal mining
and reclamation operations. In addition, the application shall--(1) to
the extent not otherwise addressed in the permit application, identify
potential environmental and safety problems related to prior mining
activity at the site and that could be reasonably anticipated to occur.
This identification shall be based on a due diligence investigation
which shall include visual observations at the site, a record review of
past mining at the site, and environmental sampling tailored to current
site conditions. (2) with regard to potential environmental and safety
problems referred to in paragraph (b)(1) of this section, described the
mitigative measures that will be taken to ensure that the applicable
reclamation requirements of this chapter can be met. (c) The
requirements of this section shall not apply after September 30, 1004.
4. Sec. 480-03-19.816/817.116 Revegetation: Standards for success
Subsections (c)(2)(I) have been amended by adding the phrase
``except as provided in paragraph (c)(2)(ii) of this section'' to the
first sentence. This modification was made in response to the new
language added at subsection (c)(2)(ii), and that is identified below.
[[Page 31072]]
New subsections (c)(2)(ii) provide that the responsibility period
shall be two full years for lands eligible for remining included in
permits issued before September 30, 2004, or any renewals thereof. To
the extent that the success standards are established by paragraph
(b)(5) of this section, the lands shall equal or exceed the standards
during the growing season of the last year of the responsibility
period.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comments 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 July 5, 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 comments 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 by section
3 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 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.
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 7, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-15622 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-05-M
