[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Proposed Rules]
[Pages 45489-45491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21643]
[[Page 45489]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-116-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 it received 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 the following: a statutory
change to the Virginia Act at section 45.1-235 C as enacted in the 1999
session of the Virginia General Assembly; proposed regulation changes
at section 4 VAC 25-130-700.5 to the definitions of ``government
financed construction'' and ``qualified laboratory;'' and proposed
regulation changes to section 4 VAC 25-130 Part 795 concerning the
small operator assistance program (SOAP). The amendment is intended to
revise the Virginia program to be consistent with the corresponding
Federal provisions.
DATES: Your written comments must be received by 4:00 p.m., on
September 20, 1999. If you request a public hearing on the proposed
amendment, it will be held on September 14, 1999. If you request to
speak at the hearing, your request must be received by 4:00 p.m., on
September 7, 1999.
ADDRESSES: Your 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 that we
receive in response to this document will be available for your review
at the addresses listed below during normal business hours, Monday
through Friday, excluding holidays. Each person 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. You can find background information on
the Virginia program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the December
15, 1981, Federal Register (46 FR 61085-61115). You can find later
actions concerning the conditions of approval and program amendments at
30 CFR 946.12, 946.13, 946.15, and 946.16.
II. Discussion of the Proposed Amendment
By letter dated August 2, 1999 (Administrative Record No. VA-978),
the Virginia Department of Mines, Minerals and Energy (DMME) submitted
an amendment to the Virginia program. This amendment is the State's
response to changes made to the Federal SOAP regulations at 30 CFR Part
795, and to the Federal definition of ``government-financed
construction'' at 30 CFR 707.5.
The proposed amendment consists of the following: a statutory
change to the Virginia Act at section 45.1-235 C as enacted in the 1999
session of the Virginia General Assembly; proposed regulation changes
at section 4 VAC 25-130-700.5 concerning the definitions of
``government financed construction'' and ``qualified laboratory;'' and
proposed regulation changes to section 4 VAC 25-130 Part 795 concerning
the SOAP program. The amendments are described below.
Statute
Section 45.1-235 of the Code of Virginia. Subsection 45.1-235 C,
concerning SOAP, is amended by deleting the existing language and
adding in its place the following language.
To the extent that funds are available from the federal Office
of Surface Mining, the Director shall provide for permit application
assistance to small operators as provided in Section 507 (c) and (h)
of the federal act. Such assistance shall be provided in accordance
with regulations adopted by the Director.
Regulations
1. 4 VAC 25-130-700.5 Definitions
The definition of ``government-financed construction'' is amended
to provide for less than 50 percent government funding. As amended,
``government financed construction'' means construction funded 50
percent or more by funds appropriated from a government financing
agency's budget or obtained from general revenue bonds. Funding at less
than 50 percent may qualify if the construction is undertaken as an
approved reclamation project under Title IV of the Federal Act.
Construction funded through government financing agency guarantees,
insurance, loans, funds obtained through industrial revenue bonds or
their equivalent, or in-kind payments does not qualify as government-
financed construction.
The definition of ``qualified laboratory'' is amended to add the
phrase ``or other services as specified at 4 VAC 25-130-795.9.'' With
this addition, ``qualified laboratory'' means a designated public
agency, private firm, institution, or analytical laboratory which can
prepare the required determination of probable hydrologic consequences
or statement of results of test borings or core samplings or other
services as specified at 4 VAC 25-130-795.9 under the SOAP program and
which meets the standards of 4 VAC 25-130-795.10.
2. 4 VAC 25-130-795.1 Scope and Purpose
This provision is amended by deleting the words ``program
administrator'' and replacing those words with the word ``Division.''
3. 4 VAC 25-130-795.6 Eligibility for Assistance
This provision is amended at subdivision 795.6(a)(2) by changing
the qualifying annual tonnage limit from 100,000 tons to 300,000 tons.
In addition, at subdivisions 795.6(a)(2)(i) and (ii), the pro rata
share is increased from 5 percent to 10 percent.
4. 4 VAC 25-130-795.7 Filing for Assistance
This provision is amended at subdivision 795.7(e) by deleting
subdivisions 795.7(e)(2) and (5), and renumbering the remaining
provisions. Deleted subdivision 795.7(e)(2) required the names of
property owners in the affected and adjacent areas. Deleted subdivision
795.7(e)(5) required the location of existing structures and developed
water resources within the affected and adjacent areas.
[[Page 45490]]
5. 4 VAC 25-130-795.8 Application Approval and Notice
The sole sentence of this provision is deleted and replaced with
the following. New subdivision 795.8(a) provides that if the Division
finds the applicant eligible, the Division shall inform the applicant
in writing that the application is approved. New subdivision 795.8(b)
provides that if the Division finds the applicant ineligible, the
Division shall inform the applicant in writing that the application is
denied and shall state the reasons for denial.
6. 4 VAC 25-130-795.9 Program Services and Data Requirements.
In addition to non-substantive changes, the following changes are
made to this provision. At subdivision 795.9(a), the phrase ``and
provide other services'' is added. With this change, a ``qualified
laboratory'' may be paid for other services in addition to the
determination and statement referenced in subdivision 795.9(b).
At subdivision 795.9(b)(1), the phrase ``including the engineering
analysis and designs necessary for the determination'' is added. Also,
the citation ``4 VAC 25-130-784.14(g)'' is changed to ``. . .
784.14(e).''
At subdivision 795.9(b)(2), the words ``drilling and'' are added
immediately following the first word of the sentence.
New subdivisions 795.9(b)(3), (4), (5), and (6) are added. New
795.9(b)(3), provides for the development of cross-section maps and
plans required by 4 VAC 25-130-779.25 and 783.25. New 795.9(b)(4)
provides for the collection of archaeological and historic information
and related plans required by 4 VAC 25-130-779.12(b), 783.12(b),
780.31, 784.17, and any other archaeological and historic information
required by the Director. New 795.9(b)(5) provides for pre blast
surveys required by 4 VAC 25-130-780.13. New 795.9(b)(6) provides for
the collection of site-specific resources information, the production
of protection and enhancement plans for fish and wildlife habitats
required by 4 VAC 25-130-780.16 and 784.21, and information and plans
for any other environmental values required by the Division under the
Act.
7. 4 VAC 25-130-795.10 Qualified Laboratories
Subdivision 4 VAC 25-130-795.10(a)(5) is amended by adding language
which provides that other appropriate methods or guidelines for data
acquisition may be approved by the Division. Subdivision 795.10(b) is
amended to provide that subcontractors may be used to provide some of
the required services provided their use is identified at the time a
determination is made that a firm is qualified and they meet
requirements specified by the Division. Prior to this amendment,
subdivision 795.10(b) provided that subcontractors had to meet all
applicable requirements for area of specialization pursuant to the
program and this section. Subdivisions 795.10(c) and (d) are deleted.
Subdivision 795.10(c) concerned the qualification of out-of-state
firms. Subdivision 795.10(d) provided that review and approval of all
laboratory qualifications would be made every 12 months.
8. 4 VAC 25-130-795.12 Applicant Liability
In subdivision 4 VAC 25-130-795.12(a), the term ``applicant'' is
deleted and replaced by the phrase ``coal operator who has received
assistance pursuant to 4 VAC 25-130-795.9.'' Also, the phrase
``laboratory services performed pursuant to this Part'' is changed to
read ``services rendered.''
Subdivision 795.12(a)(2) is amended to change the 100,000 ton limit
to 300,000 tons. This provision is also amended to provide that the
tonnage will be determined during the 12 months immediately following
the date on which the operator is issued the surface coal mining and
reclamation permit. Prior to this change, the tonnage was determined
during any consecutive 12-month period either during the term of the
permit for which assistance is provided or during the first 5 years
after issuance of the permit whichever is shorter.
Subdivision 795.12(a)(3) is amended to change the 100,000 ton limit
to 300,000 tons. This provision is also amended to provide that if the
mining rights granted under the permit are sold, transferred or
assigned to another person, the tonnage will be determined during the
12 months immediately following the date on which the permit was
originally issued. Prior to this change, the tonnage was determined
during any 12-month period of the remaining term of the permit.
Subdivisions 4 VAC 25-130-795.12(b) and (c) are deleted.
Subdivision 795.12(b) concerned the submission of notarized production
reports. Subdivision 795.12(c) defined the term ``attributed
production.''
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), we are now
seeking your comments on whether the amendments proposed by Virginia
satisfy the applicable program approval criteria of 30 CFR 732.15. If
we determine that the amendments are adequate, they will become part of
the Virginia program.
Written Comments
Your written comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. If your comments are received after the time
indicated under DATES or at locations other than the Big Stone Gap
Field Office, we will not necessarily consider them in the final
rulemaking or include them in the Administrative Record.
Public Hearing
If you wish to comment at the public hearing, you should contact
the person listed above under FOR FURTHER INFORMATION CONTACT by close
of business on September 7, 1999. If no one requests an opportunity to
comment at a public hearing, we will not hold a hearing.
We request that you file a written statement at the time of the
hearing, because it will greatly assist the transcriber. If you submit
a written statement to OSM before the hearing, it will allow us 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. If you
wish to meet with us to discuss the proposed amendments, you may
request a meeting at the Big Stone Gap Field Office by contacting the
person listed above 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 above under
ADDRESSES. A written summary of each public meeting will be made part
of the Administrative Record.
If you are a disabled individual who has need for a special
accommodation to attend a public hearing, please contact the person
listed above under FOR FURTHER INFORMATION CONTACT.
[[Page 45491]]
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 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.
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 12, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-21643 Filed 8-19-99; 8:45 am]
BILLING CODE 4310-05-P
