[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13417]
[[Page Unknown]]
[Federal Register: June 2, 1994]
_______________________________________________________________________
Part V
Department of the Interior
_______________________________________________________________________
Office of Surface Mining Reclamation and Enforcement
_______________________________________________________________________
30 CFR Part 701, et al.
Lands Eligible for Remining; Proposed Rule
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 701, 773, 785, 816, and 817
RIN 1029-AB74
Lands Eligible for Remining
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
proposes to amend its existing regulations in light of recently enacted
changes to Title V of the Surface Mining Control and Reclamation Act of
1977 (SMCRA), as amended by the Energy Policy Act of 1992. The proposed
rules are intended to provide incentives for the remining and
reclamation of lands eligible for expenditures under section 402(g)(4)
or 404 of SMCRA.
DATES: Written comments: OSM will accept written comments on the
proposed rule until 5 p.m., Eastern time, on August 1, 1994.
Public hearings: Upon request, OSM will hold public hearings on the
proposed rule in Washington, DC; and in the States of California,
Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode
Island, South Dakota, Tennessee, and Washington at times and on dates
and locations to be announced in the Federal Register prior to the
hearings. OSM will accept requests for public hearings until 5 p.m.,
Eastern time, on June 23, 1994. Individuals wishing to attend, but not
testify, at any hearing should contact the person identified under FOR
FURTHER INFORMATION CONTACT before the hearing date to verify that the
hearing will be held.
ADDRESSES: Written comments: Hand-deliver to the Office of Surface
Mining Reclamation and Enforcement, Administrative Record, room 660,
800 North Capitol Street, Washington, DC; or mail to the Office of
Surface Mining Reclamation and Enforcement, Administrative Record, room
660 NC, 1951 Constitution Avenue, NW., Washington, DC 20240.
Public hearings: The addresses and times for any hearings held will
be announced prior to the hearings.
Requests for public hearings: Submit requests orally or in writing
to the person and address specified under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT: Douglas J. Growitz, P.G., Office of
Surface Mining Reclamation and Enforcement, room 640 NC, 1951
Constitution Avenue, NW, Washington, DC 20240; Telephone: 202-343-1507.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Written Comments: Written comments submitted on the proposed rule
should be specific, should be confined to issues pertinent to the
proposed rule, and should explain the reason for any recommended
change. Where practicable, commenters should submit three copies of
their comments. Comments received after the close of the comment period
(see DATES) or delivered to an address other than those listed above
(see ADDRESSES), may not be considered or included in the
Administrative Record for the final rule.
Public hearings: OSM will hold a public hearing on the proposed
rule on request only. The time, date, and address for any hearing will
be announced in the Federal Register at least 7 days prior to the
hearing.
Any person interested in participating at a hearing at a particular
location should inform Mr. Growitz (see FOR FURTHER INFORMATION
CONTACT), either orally or in writing, of the desired hearing location
by 5 p.m., Eastern time, on June 23, 1994. If no one has contacted Mr.
Growitz to express an interest in participating in a hearing at a given
location by that date, a hearing will not be held. If only one person
expresses an interest, a public meeting rather than a hearing may be
held and the results included in the Administrative Record.
If a hearing is held, it will continue until all persons wishing to
testify have been heard. The hearing will be transcribed. To assist the
transcriber and ensure an accurate record, OSM requests that each
person who testifies at a hearing provide the transcriber with a
written copy of his or her testimony. To assist OSM in preparing
appropriate questions, OSM also requests, if possible, that each person
who plans to testify submit to OSM at the address previously specified
for the submission of written comments (see ADDRESSES) an advance copy
of his or her testimony.
II. Background
The House of Representatives Report from the Committee on Interior
and Insular Affairs on the Comprehensive National Energy Policy Act of
1992 (H.R. Rep. 474, 102 Cong., 2d Session at 85 (1992)) contains the
following statements: ``The [coal remining] provisions of this section
seek to make coal available that otherwise would be bypassed by
providing incentives for industry to extract and reprocess, in an
environmentally sound manner, coal that remains in abandoned mine lands
and refuse piles. Current law reclamation performance standards were
devised to address surface coal mining on undisturbed lands; the
unintended result is to discourage remining. Remining also serves to
mitigate the health, safety, and environmental threats posed to
coalfield residents from abandoned mine lands by augmenting the work
done under the Abandoned Mine Reclamation Program.'' These statements
succinctly characterize a basic and long-standing conflict associated
with remining.
On October 24, 1992, the President signed into law the Energy
Policy Act of 1992, Public Law 102-486, section 2503, Coal Remining,
which, in part, amended Sections 510, 515(b)(20), and 701 of SMCRA in
order to provide the following initiatives to encourage remining in an
environmentally-sound manner: 1. The revegetation success liability
period for certain remining operations has been reduced to five years
in the West and two years in the East; 2. Remined lands shall remain
eligible for Title IV reclamation following bond release; and 3. The
permittee of a remining operation shall not be subject to subsequent
permit blocking under Section 510(c) of SMCRA for any violation
resulting from an unanticipated event or condition occurring on the
remining site. (Section 510(c) is implemented by 30 CFR 773.15.)
III. Discussion of Proposed Rules
A. Introduction
Regarding the above-mentioned remining amendments to SMCRA which
are the subject of this rulemaking, OSM sought input from environmental
groups, industry, and State regulatory authorities concerning the
extent to which new regulations would need to expand or clarify
statutory language in order to effectively implement Congressional
intent. Comments received during this outreach have been considered in
developing this proposal. Other provisions in section 2503 of the
Energy Policy Act prescribe specific regulatory initiatives regarding
the removal or on-site reprocessing of abandoned coal refuse sites.
These initiatives will be implemented under a separate rulemaking.
B. Proposed Rules
1. 30 CFR Part 701--Permanent Regulatory Program
Section 701.5, Definitions, is proposed to be amended by adding two
terms defined in section 2503(c) of the Energy Policy Act. Lands
eligible for remining would be defined as in the Energy Policy Act by
reference to sections 404 and 402(g)(4) of the SMCRA. Thus, the
following sites would be included under this definition: sites that
were mined for coal or affected by mining activities and abandoned or
left in an inadequate reclamation status prior to August 3, 1977, and
for which there is no continuing reclamation responsibility under State
or other Federal laws; coal sites in each State abandoned after August
3, 1977, but before the State received primacy under SMCRA and for
which available bond is insufficient to provide for adequate
reclamation; or coal sites where mining was completed between August 4,
1977, and November 5, 1990, and which remain unreclaimed due to the
insolvency of a surety company occurring during that same period.
Unanticipated event or condition is proposes to be defined
consistent with the definition contained in the Energy Policy Act to
mean an event or condition at an operation on lands eligible for
remining under section 404 or 402(g)(4) of SMCRA that was not
contemplated by the applicable surface coal mining and reclamation
permit.
2. 30 CFR Part 773--Requirements for Permits and Permit Processing
OSM proposes to amend Section 773.15, Review of Permit
Applications, in two ways.
A new proposed subparagraph (c)(13) would require the regulatory
authority to utilize data and analyses provided under existing permit
information rules and proposed Sec. 785.25, discussed in the next
section, in order to find that the proposed permit area contains lands
eligible for remining and to set a threshold beyond which conditions or
events arising subsequent to permit issuance may be presumed to
constitute ``unanticipated events or conditions'' for the purpose of
applying the permit-block exclusion of proposed paragraph (f) of
Sec. 773.15.
The regulatory authority would evaluate the potential environmental
and safety problems and associated analysis provided by the applicant
based on a review of procedures used, supporting data and
documentation, and mitigation plans. After acceptance of the estimates
and findings provided by the applicant, the regulatory authority would
set the threshold. The threshold which will be determined on a case-by-
case basis is therefore set at permit issuance.
OSM believes the information provided by the applicant under
proposed new Sec. 785.25, which contains additional permit requirements
tailored specifically to remining problems, is compatible with the
development of a threshold. Two elements of proposed 785.25 are
considered to be particularly well suited for this purpose: 1. The
permit applicant's estimate of the maximum impacts associated with each
identified potential environmental or safety problem; and 2. the permit
applicant's estimate of the probability of each potential environmental
or safety problem occurring. Furthermore, OSM believes that a threshold
expressed quantitatively in terms of either or both of these two
elements would provide the clearest guidance for operators, be easier
to regulate for the regulatory authorities, and would minimize
subsequent controversy and disputes between the operator and regulatory
authority as to what events or conditions were indeed
``unanticipated''.
OSM is therefore seeking comments on three issues associated with
formulating a threshold: 1. Whether either or both of the two elements
described above, or some combination of the two, would provide an
appropriate base for such formulation; 2. methods by which the base may
be expressed in quantifiable terms; and 3. whether additional guidance
is needed for the regulatory authority in the final rule and what the
nature of that guidance should be.
Proposed paragraph (f) would be added to implement the Energy
Policy Act's section 2503(a) mandate for an exclusion from permit
blocking provisions of 510(c) of SMCRA. The proposed rule would waive
the permit-block provisions of paragraph (b) of Sec. 773.15 in cases
where a violation occurred at a remining site and the violation was
attributed to an unanticipated event or condition. In such cases, the
person holding the remining permit would not be rendered ineligible for
a new permit based on the violation. Statutory authority for the
permit-block exclusion would expire on September 30, 2004.
The scope of the permit-block exclusion of proposed paragraph (f)
derives from the statutory term ``violation resulting from an
unanticipated event or condition at a surface coal mining operation.''
The question has arisen whether the non-payment of delinquent penalties
assessed after a notice of violation or a failure-to-abate cessation
order based on an ``on the ground'' violation resulting from an
unanticipated event or condition should be covered by the Energy Policy
Act exclusion. Such delinquencies, which are violations, would be
covered by the exclusion if they were construed as ``resulting from an
unanticipated event or condition at a surface coal mining operation.''
OSM is seeking comments on the extent to which such violations should
be covered by the exclusion in section 2503(a) of the Energy Policy
Act.
Another question that might arise is whether the operator of a
previously undisturbed site would be subject to permit blocking for an
unabated violation on his site which originated from an unanticipated
event on a nearby or adjacent remining operation. Whether or not an
event or condition on an adjacent site is a violation is a fact
specific inquiry and depends on whether the surface coal mining
operation on the adjacent site caused or contributed to the event or
condition. Therefore, if the operator of the previously undisturbed
site contributed to the event or condition which originated on the
remining site and that operator does not abate the violation, the
operator of the previously undisturbed site would be permit blocked.
The proposed paragraph (f) exemption for permit blocking only relates
to violations occurring on lands eligible for remining.
OSM is seeking comments on any other examples of the interplay
between remining operations and adjacent surface coal mining operations
that may need to be explained in the final rulemaking.
3. 30 CFR Part 785--Requirements for Permits for Special Categories of
Mining
OSM proposes to add new Sec. 785.25, Lands eligible for remining.
(Sections 785.23 and 785.24 are being reserved for a separate
rulemaking.) The permit requirements in proposed section 785.25 for
operations on lands eligible for remining are intended to supplement
information requirements in existing rules as they would apply to
operations on lands eligible for remining. The types of new permit
information being proposed would be required only to the extent that
they are not provided under existing regulations. For example,
provisions related to the determination of probably hydrologic
consequences at Secs. 780.21 and 784.14 of the permanent program
regulations require baseline information on flow and quality of ground
water and surface water and an estimate of the impacts of the proposed
operation on these baseline conditions such as findings on: Whether
adverse impacts may occur to the hydrologic balance; whether acid-
forming or toxic-forming materials are present that could contaminate
surface or ground water supplies; and whether surface or ground water
used for any legitimate purpose in the permit or adjacent area will be
contaminated, diminished or interrupted.
The permit requirements of Secs. 780.21 and 784.14 were intended to
identify and control probable impacts to hydrology from coal removal
associated with the first time disturbance of the land. Hence, they do
not in most cases address the unique environmental or safety problems
and impacts that can arise from the redisturbance of abandoned mine
lands. The proposal would fill in this gap by focusing on the
identification of: Potential environmental and safety problems specific
to lands eligible for remining; maximum impacts that could result and
the probability for the type of problem to occur; and mitigation
measures to meet applicable performance standards. The purpose of these
requirements is to provide the regulatory authority with a sound basis
for setting a threshold beyond which conditions or events arising
subsequent to permit issuance may be presumed to be unanticipated at
the site. Furthermore, these requirements will help to ensure that
potential environmental and safety problems commonly linked to
abandoned mine land sites are not overlooked at the permitting stage
and, thus, inadvertently contribute to the occurrence of unanticipated
events or conditions which might result in more severe environmental or
safety problems from the remining operation than may currently exist at
the site.
Thus, OSM believes it is essential that all reasonable evaluations
be conducted in order to identify the probability for serious
environmental or safety problems to occur. While there are potential
economic and environmental benefits to be gained through remining,
there also exists the potential for significant environmental
degradation and safety problems. For example, if a remining operation
unintentionally caused a sudden discharge of water or blowout from an
adjacent water-filled abandoned mine, significant quantities of acid
mine discharge could be released and create severe ecological harm in
the receiving streams. It is important, therefore, in granting remining
permits that the applicant identify the potential environmental and
safety problems associated with the site, maximum impacts associated
with these problems, and the probability for each type of problem to
occur. These categories of information will assist the regulatory
authority in setting a threshold beyond which conditions or events
arising subsequent to permit issuance may be presumed to constitute
unanticipated events or conditions. In order to provide a permit
applicant for a remining operation some certainty regarding the
potential scope of the 510(c) permit-blocking provision, the applicant
shall be expected to provide all required information related to the
potential environmental and safety problems of the remining site.
OSM recognizes the difficulty of accurately predicting certain
impacts such as acid mine drainage even on the basis of extensive
baseline information. OSM is therefore soliciting comments on other
specific information needed to be provided by the applicant that will
be useful in developing a threshold for unanticipated events.
OSM is also requesting estimates on the number of hours to develop
the information required by Sec. 785.25 and is seeking suggestions on
efficient and effective ways to develop this information and present it
in the permit application.
4. 30 CFR Part 816--Permanent Program Performance Standards--Surface
Mining Activities
OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of
section 816.116, Revegetation: Standards for Success. The change at
(c)(2) would reduce the period of applicant responsibility for
revegetation success at sites eligible for remining from five to two
years in areas of more than 26.0 inches of average annual precipitation
and for these sites provide that vegetative parameters for grazing
land, pasture land, or cropland shall equal or exceed the approved
success standard during the growing season of any two years of the
responsibility period. The change at (c)(3) would reduce the applicant
responsibility for revegetation success from ten to five years in areas
of 26.0 inches or less of annual average precipitation. The authority
for these changes would expire on September 30, 2004.
5. 30 CFR Part 817--Permanent Program Performance Standards--
Underground Mining Activities
OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of
Sec. 817.116, Revegetation: Standards for Success. The change at (c)(2)
would reduce the period of applicant responsibility for revegetation
success from five to two years in areas of more than 26.0 inches of
average annual precipitation, and the change at (c)(3) would reduce the
applicant responsibility for revegetation success from ten to five
years in areas of 26.0 inches or less of annual average precipitation.
The authority for these changes would expire on September 30, 2004.
IV. Procedural Matters
Federal Paperwork Reduction Act
The collections of information contained in this rule have been
submitted to the Office of Management and Budget for approval as
required by 44 U.S.C. 3501 et seq. The collection of this information
will not be required until it has been approved by the Office of
Management and Budget.
Public reporting burden for this collection of information is
estimated to average 80 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other collection of information, including suggestions for
reducing the burden, to the Office of Surface Mining Reclamation and
Enforcement, Information Collection Clearance Officer, room 640 NC,
1951 Constitution Ave., Washington, DC 20240; and the Office of
Management and Budget, Paperwork Reduction Project (1029-0040 and 1029-
0041), Washington, DC 20503.
Executive Order 12778; Civil Justice Reform Certification
This proposed rule has been reviewed under the applicable standards
of section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56
FR 55195). In general, the requirements of section 2(b)(2) of Executive
Order 12778 are covered by the preamble discussion of this proposed
rule. Additional remarks follow concerning individual elements of the
Executive Order:
A. What is the preemptive effect, if any, to be given to the
regulation?
To retain primacy, States have to adopt and apply standards for
their regulatory programs that are no less effective than those set
forth in OSM's regulations. Any State law that is inconsistent with or
that would preclude implementation of the proposed regulation would be
subject to preemption under section 505 of SMCRA and its implementing
regulations at 30 CFR 730.11.
Section 505(b) of that act provides that any provision of State law
which provides for more stringent land use and environmental controls
and regulation of surface coal mining and reclamation operations than
do the provisions of SMCRA or any regulations issued pursuant thereto
shall not be construed to be inconsistent with SMCRA. Therefore, to the
extent that the proposed regulation would provide less stringent land
use and environmental controls than presently contained in State law,
the proposed regulation would not preempt the State provisions and
would not necessitate changes to approved State programs. A more
definitive answer to this question will depend on the provisions of any
final rule adopted in this rulemaking.
B. What is the effect on existing Federal law or regulation, if
any, including all provisions repealed or modified?
This proposed rule modifies the implementation of SMCRA, as
described herein, and is not intended to modify the implementation of
any other Federal statute. The preceding discussion of this proposed
rule specifies the Federal regulatory provisions that are affected by
this proposed revision.
C. Does the rule provide a clear and certain legal standard for
affected conduct rather than a general standard, while promoting
simplification and burden reduction?
The standards established by this rule are as clear and certain as
practicable, given the complexity of the topics covered and the
mandates of SMCRA. The purpose of this proposed rule is to establish
clear and certain standards in order to implement a more effective
program.
D. What is the retroactive effect, if any, to be given to the
regulation?
This rule is not intended to have retroactive effect.
E. Are administrative proceedings required before parties may file
suit in court? Which proceedings apply? Is the exhaustion of
administrative remedies required?
No administrative proceedings are required before parties may file
suit in court challenging the provisions of this proposed rule under
section 526(a) of SMCRA, 30 U.S.C. 1276(a).
Prior to any judicial challenge to the application of the rule,
however, administrative procedures must be exhausted. In situations
involving OSM application of the rule, applicable administrative
procedures may be found at 43 CFR part 4. In situations involving State
regulatory authority application of provisions equivalent to those
contained in this proposed rule, applicable administrative procedures
are set forth in the particular State program.
F. Does the rule define key terms, either explicitly or by
reference to other regulations or statutes that explicitly define those
items?
Terms which are important to the understanding of this proposed
rule are set forth in 30 CFR 700.5, 701.5, 773.15 and 785.23. New
definitions are located in section 701.5.
G. Does the rule address other important issues affecting clarity
and general draftsmanship of regulations set forth by the Attorney
General, with the concurrence of the Director of the Office of
Management and Budget, that are determined to be in accordance with the
purposes of the Executive Order?
The Attorney General and the Director of the Office Management and
Budget have not issued any guidance on this requirement.
Executive Order 12866
This proposed rule has been reviewed under Executive Order 12866.
Regulatory Flexibility Act
The Department of the Interior has determined, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 601 et, seq., that the proposed
rule will not have a significant economic impact on a substantial
number of small entities. This determination is based on the findings
that the regulatory additions is the rule will not change costs to
industry or to the Federal, State, or local governments. Furthermore,
the rule produces no adverse effects on competition, employment,
investment, productivity, innovation, or the ability of the United
States enterprises to compete with foreign-based enterprises in
domestic or export markets.
National Environmental Policy Act
OSM has prepared a draft environmental assessment (EA) of this
proposed rule and has made a tentative finding that it would not
significantly affect the quality of the human environment under section
102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4332(2)(C). It is anticipated that a finding of no significant
impact (FONSI) will be made for the final rule in accordance with OSM
procedures under NEPA. The EA is on file in the OSM Administrative
Record at the address specified previously (see ADDRESSES). The EA will
be completed and a finding made on the significance of any resulting
impacts prior to promulgation of the final rule.
Author
The principal author of this proposed rule is: Douglas J. Growitz,
P.G., Hydrologist, Branch of Research and Technical Standards, Office
of Surface Mining Reclamation and Enforcement, room 640 NC, 1951
Constitution Avenue, NW., Washington, DC 20240, Telephone: 202-343-
1507.
List of Subjects
30 CFR Part 701
Law enforcement, Surface mining, Underground mining.
30 CFR Part 773
Reporting and recordkeeping requirements, Administrative practice
and procedure, Surface mining, Underground mining.
30 CFR Part 785
Reporting and recordkeeping requirements, Surface mining,
Underground mining.
30 CFR Part 816
Environmental protection, Reporting and recordkeeping requirements,
Surface mining.
30 CFR Part 817
Environmental protection, Reporting and recordkeeping requirements,
Underground mining.
Dated: May 11, 1994.
Nancy Keir Hayes,
Acting Assistant Secretary, Land and Minerals Management.
Accordingly, OSM proposes to amend 30 CFR parts 701, 773, 785, 816
and 817 as set forth below:
PART 701--PERMANENT REGULATORY PROGRAM
1. The authority citation for part 701 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;
and Pub. L. 102-486.
2. Section 701.5 is amended by adding alphabetically definitions of
``lands eligible for remining'' and ``unanticipated event or
condition'' as follows:
Sec. 701.5 Definitions.
* * * * *
Lands eligible for remining means those lands that would otherwise
be eligible for expenditures under section 404 or under section
402(g)(4) of the Act.
* * * * *
Unanticipated event or condition as used in Secs. 773.15 and 785.25
of this chapter means an event or condition at a surface coal mining
operation on lands eligible for remining that was not contemplated by
the applicable permit to conduct surface coal mining operations.
* * * * *
PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
3. The authority citation for part 773 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;
16 U.S.C. 470 et seq.; 16 U.S.C. 1531 et seq.; 16 U.S.C. 661 et
seq.; 16 U.S.C. 703 et seq.; 16 U.S.C. 668a; 16 U.S.C. 469 et seq.;
16 U.S.C. 470aa et seq.; and Pub. L. 102-486.
4. Section 773.15 is amended by adding new paragraphs (c)(13) and
(f) to read as follows:
Sec. 773.15 Review of permit applications.
* * * * *
(c) * * *
(13) Based upon the data and analyses provided under parts 779,
780, 783, and 784, as applicable, and Sec. 785.25 of this chapter, the
regulatory authority has: (i) determined that the permit contains lands
eligible for remining; and (ii) set a threshold beyond which conditions
or events arising subsequent to permit issuance may be presumed to
constitute unanticipated events or conditions for the purposes of
Sec. 773.15(f) of this chapter.
* * * * *
(f) Lands eligible for remining. Until September 30, 2004, the
prohibitions of paragraph (b) of this section shall not apply to any
violation resulting from an unanticipated event or condition at a
surface coal mining and reclamation operation on lands eligible for
remining under a permit held by the person making such application.
* * * * *
PART 785--REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
5. The authority citation for part 785 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;
and Pub. L. 102-486.
6. Section 785.25 is added to read as follows:
Sec. 785.25 Lands eligible for remining.
(a) This section applies to any person who conducts or intends to
conduct a surface coal mining operation on lands eligible for remining.
(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
associated with the site, the maximum degree of impact attributable to
each problem, and the probability that each type of problem will occur.
These problems would include but are not limited to impacts of acid
mine drainage on the hydrologic balance, sudden discharges of water
from adjacent water-filled mine workings, and sediment and safety
issues associated with abandoned spoil.
(2) Describe mitigative measures for each potential environmental
or safety problem in order to meet applicable performance standards.
PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS-SURFACE MINING
ACTIVITIES
7. The authority citation for part 816 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; sec 115 of Pub.
L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.
8. Section 816.116 is amended by revising paragraphs (c)(2) and
(c)(3) to read as follows:
Sec. 816.116 Revegetation: Standards for success.
* * * * *
(c)(2) In areas of more than 26.0 inches of annual average
precipitation, the period of responsibility shall continue for a period
of less than five full years, except that, on lands eligible for
remaining, the period of responsibility (until September 30, 2004)
shall be two full years. In areas with a five-year period of
responsibility, the vegetation parameters identified in paragraph (b)
of this section for grazing land, pasture land, or cropland shall equal
or exceed the approved success standard during the growing season of
any two years of the responsibility period, except the first year. In
areas with a two-year period of responsibility, the vegetative
parameters identified in paragraph (b) of this section for grazing
land, pasture land, or cropland shall equal or exceed the approved
success standard during the growing season of any two years of the
responsibility period. Areas approved for the other uses identified in
paragraph (b) of this section shall equal or exceed the applicable
success standard during the growing season of the last year of the
responsibility period.
(3) In areas of 26.0 inches or less average annual precipitation,
the period of responsibility shall continue for a period of not less
than 10 full years, except that, on lands eligible for remining, the
period of responsibility (until September 30, 2004) shall be five
years. Vegetation parameters identified in paragraph (b) of this
section shall equal or exceed the approved success standard for at
least the last two consecutive years of the responsibility period.
* * * * *
PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND
MINING ACTIVITIES
9. The authority citation for part 817 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; sec. 115 of Pub.
L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.
10. Section 817.116 is amended by revising paragraphs (c)(2) and
(c)(3) to read as follows:
Sec. 817.116 Revegetation: Standards for success.
* * * * *
(c)(2) In areas of more than 26.0 inches of annual average
precipitation, the period of responsibility shall continue for a period
of not less than five full years, except that, on lands eligible for
remining, the period of responsibility (until September 30, 2004) shall
be two full years. In areas with a five-year period of responsibility,
the vegetation parameters identified in paragraph (b) of this section
for grazing land, pasture land, or cropland shall equal or exceed the
approved success standard during the growing season of any two years of
the responsibility period, except the first year. In areas with a two-
year period of responsibility, the vegetative parameters identified in
paragraph (b) of this section for grazing land, pasture land, or
cropland shall equal or exceed the approved success standard during the
growing season of any two years of the responsibility period. Areas
approved for the other uses identified in paragraph (b) of this section
shall equal or exceed the applicable success standard during the
growing season of the last year of the responsibility period.
(3) In areas of 26.0 inches or less average annual precipitation,
the period of responsibility shall continue for a period of not less
than 10 full years, except that, on lands eligible for remining, the
period of responsibility (until September 30, 2004) shall be five
years. Vegetation parameters identified in paragraph (b) of this
section shall equal or exceed the approved success standard for at
least the last two consecutive years of the responsibility period.
* * * * *
[FR Doc. 94-13417 Filed 6-1-94; 8:45 am]
BILLING CODE 4310-05-M
