[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Rules and Regulations]
[Pages 42788-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21083]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-107-FOR]
Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving a proposed amendment to the Virginia
permanent 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.
EFFECTIVE DATES: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big
Stone Gap Field Office, Office of Surface Mining Reclamation and
Enforcement, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone
Gap, Virginia 24219, Telephone: (540) 523-4303.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program.
II. Submission of the Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.
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 are
identified at 30 CFR 946.11, 946.12, 946.13, 946.15, and 946.16.
II. Submission of the 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 amendment was published in the May 3, 1996, Federal
Register (61 FR 19885), and in the same notice, OSM opened the public
comment period and provided opportunity for a public hearing on the
adequacy of the proposed amendment. The comment period closed on June
3, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment to the Virginia program.
The amendments proposed by Virginia 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 accumulated water from
underground workings.
2. Sec. 480-03-19.784.14(g) of the Virginia regulations is amended
to add
[[Page 42789]]
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:
(i)(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)(3)(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.
(i)(3)(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.
There are no Federal counterparts to the Virginia amendments. The
Director finds, however, that the amendments are reasonable, and not
inconsistent with SMCRA and the Federal regulations. The Virginia
amendments are technically sound, and will add an increased measure of
protection from the hazards of sudden releases of accumulated water
from underground workings.
IV. Summary and Disposition of Comments
Federal Agency Comments
Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i),
comments were solicited from various interested Federal agencies. The
U.S. Department of Agriculture, Natural Resources Conservation Service
responded and recommended that the amendments be accepted. The U.S.
Fish and Wildlife Service responded and stated that the proposed
regulatory changes are not likely to adversely affect threatened or
endangered species or critical habitats.
The U.S. Department of Labor, Mine Safety and Health Administration
(MSHA) responded and stated that it may be useful for the State to
develop the criteria that would be employed to measure the phrase
``cannot reasonably be expected'' that appears at proposed Sec. 480-03-
19.817.41(i)(3)(ii). The provision provides for an exception to the
barrier width requirement of (i)(3)(i) when site specific conditions
indicate there will be no accumulation of water. In response to the
MSHA comment, the Division of Mines, Minerals and Energy (DMME) said
that it chose not to specify in the proposed amendment each
circumstance an applicant may be able to demonstrate that water
``cannot reasonably be expected'' to accumulate within the abandoned
mine voids. DMME stated that it intends to depend upon conservative
scientific principles in evaluating each case specific demonstration.
DMME intends to consider the availability/proximity of water to the
underground voids as well as the geohydrologic parameters that may
affect the ability of the voids to hold such waters under head. In
response, the Director believes the DMME approach to be reasonable and
has determined in the Finding above, that the proposed amendments are
not inconsistent with SMCRA and the Federal regulations.
Public Comments
A public comment period and opportunity to request a public hearing
was announced in the May 3, 1996, Federal Register (61 FR 19885). The
comment period closed on June 3, 1996. No comments were received and no
one requested an opportunity to testify at the scheduled public hearing
so no hearing was held.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain
the written concurrence of the Administrator of the EPA with respect to
any provisions of a State program amendment that relate to air or water
quality standards promulgated under the authority of the Clean Water
Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et
seq.). The Director has determined that this amendment contains no
provisions in these categories and that EPA's concurrence is not
required.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA. EPA responded on June 20, 1996
(Administrative Record No. VA-891) and stated that the amendment is in
compliance with the Clean Water Act and offered no additional comments.
V. Director's Decision
Based on the findings above, the Director is approving Virginia's
amendment concerning sudden release of accumulated water from
underground coal mine voids as submitted by Virginia on April 17, 1996.
The Federal regulations at 30 CFR Part 946 codifying decisions
concerning the Virginia program are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
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 determined 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)).
[[Page 42790]]
Paperwork Reduction Act
This rule does not contain information collections 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
Intergovernmetal relations, Surface mining, Underground mining.
Dated: July 30, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 946--VIRGINIA
1. The authority citation for part 946 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. In Sec. 946.15, paragraph (kk) is added to read as follows:
Sec. 946.15 Approval of regulatory program amendments
* * * * *
(kk) The amendment to the Virginia program concerning the sudden
release of accumulated water from underground coal mine voids as
submitted to OSM on April 17, 1996, is approved effective August 19,
1996.
[FR Doc. 96-21083 Filed 8-16-96; 8:45 am]
BILLING CODE 4310-05-M
