Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25185

water disposal rate or the potential H2S

content increases.

* * * * *

14. In § 250.175, Flaring and venting

of gas, add new paragraph (d) as

follows:

§ 250.175 Flaring and venting of gas.

* * * * *

(d) Requirements for flaring and

venting of gas containing H2S—(1)

Flaring of gas containing H2S. (i) The

Regional Supervisor may, for safety and

air pollution prevention purposes,

further restrict the flaring of gas

containing H2S. Information provided in

the lessee’s H2S Contingency Plan

(§ 250.67(h)(1)(xi)), Exploration Plan, or

Development and Production Plan, and

associated documents will be used in

determining the need for such

restrictions.

(ii) If the Regional Supervisor

determines that flaring at a facility or

group of facilities may significantly

affect the air quality of an onshore area,

the Regional Supervisor may require the

operator(s) to conduct an air quality

modeling analysis to determine the

potential effect of facility emissions on

onshore ambient concentrations of SO2.

The Regional Supervisor may require

monitoring and reporting or may restrict

or prohibit flaring pursuant to §§ 250.45

and 250.46.

(2) Venting of gas containing H2S. The

lessee shall not vent gas containing H2S

except for minor releases during

maintenance and repair activities that

do not result in a 15-minute TWA

atmospheric concentration of H2S of 20

ppm or higher anywhere on the

platform.

(3) Reporting of flared gas containing

H2S. In addition to the recordkeeping

requirements of paragraphs (c) and (d)

of this section, the operator shall submit

to the Regional Supervisor a monthly

report of flared and vented gas

containing H2S. The report shall contain

the following information:

(i) On a daily basis, the volume and

duration of each flaring episode.

(ii) H2S concentration in the flared

gas.

(iii) Calculated amount of SO2

emitted.

[FR Doc. 95–11538 Filed 5–10–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of reopening of

public comment period and opportunity

for public hearing.

SUMMARY: OSM is reopening a public

comment period until May 26, 1995,

and is requesting public comment that

would be considered in deciding how to

implement in Virginia underground coal

mine subsidence control and water

replacement provisions of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), the implementing

Federal regulations, and/or the

counterpart State provisions. Recent

amendments to SMCRA and the

implementing Federal regulations

require that underground coal mining

operations conducted after October 24,

1992, promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied dwellings and related

structures. These provisions also require

such operations to promptly replace

drinking, domestic, and residential

water supplies that have been adversely

affected by underground coal mining.

OSM must decide if the Virginia

regulatory program (hereinafter referred

to as the ‘‘Virginia program’’) currently

has adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Virginia and consideration of public

comments, OSM will decide whether

initial enforcement in Virginia will be

accomplished through the State program

amendment process or by State

enforcement, by interim direct OSM

enforcement, or by joint State and OSM

enforcement.

DATES: Written comments must be

received by 4:00 p.m., E.D.T. on May 26,

1995. If requested, OSM will hold a

public hearing on May 22, 1995,

concerning how the underground coal

mine subsidence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions,

should be implemented in Virginia.

Requests to speak at the hearing must be

received by 4:00 p.m., E.D.T. on May 18,

1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Robert

A. Penn, Director, Big Stone Gap Field

Office at the address listed below.

Copies of the applicable parts of the

Virginia program, SMCRA, the

implementing Federal regulations,

information provided by Virginia

concerning its authority to implement

State counterparts to SMCRA and the

implementing Federal regulations, 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

address listed below during normal

business hours, Monday through Friday,

excluding holidays: Robert A. Penn,

Director, Big Stone Gap Field Office,

Office of Surface Mining Reclamation

and Enforcement, P.O. Drawer 1217, Big

Stone Gap, Virginia 24219, Telephone:

(703) 523–4303.

FOR FURTHER INFORMATION CONTACT:

Robert A. Penn, Director, Big Stone Gap

Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Pub. L. 102–486, 106 Stat. 2776

(1992) added new section 720 to

SMCRA. Section 720(a)(1) requires that

all underground coal mining operations

promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied residential dwellings and

related structures. Repair of damage

includes rehabilitation, restoration, or

replacement of the structures identified

in section 720(a)(1), and compensation

must be provided to the owner in the

full amount of the reduction in value of

the damaged structures as a result of

subsidence. Section 720(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

These provisions requiring prompt

repair or compensation for damage to

structures, and prompt replacement of

water supplies, went into effect upon

passage of the Energy Policy Act on

October 24, 1992. As a result,

underground coal mine permittees in

States with OSM-approved regulatory

programs are required to comply with

these provisions for operations

conducted after October 24, 1992.

B. The Federal Regulations

Implementing the Energy Policy Act

On March 31, 1995, OSM

promulgated regulations at 30 CFR Part

817 to implement the performance
25186 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

standards of sections 720(a) (1) and (2)

of SMCRA (60 FR 16722–16751).

30 CFR 817.121(c)(2) requires in part

that:

The permittee must promptly repair, or

compensate the owner for, material damage

resulting from subsidence caused to any noncommercial building or occupied residential

dwelling or structure related thereto that

existed at the time of mining. * * * The

requirements of this paragraph apply only to

subsistence-related damage caused by

underground mining activities conducted

after October 24, 1992.

30 CFR 817.41(j) requires in part that:

The permittee must promptly replace any

drinking, domestic or residential water

supply that is contaminated, diminished or

interrupted by underground mining activities

conducted after October 24, 1992, if the

affected well or spring was in existence

before the date the regulatory authority

received the permit application for the

activities causing the loss, contamination or

interruption.

30 CFR 843.25 provides that by July

31, 1995, OSM will decide, in

consultation with each State regulatory

authority with an approved program,

how enforcement of the new

requirements will be accomplished. As

discussed below, enforcement may be

accomplished through the 30 CFR Part

732 State program amendment process,

or by State, OSM, or joint State and

OSM enforcement of the requirements.

OSM will decide which of the following

enforcement approaches to pursue.

(1) State program amendment

process. If the State’s promulgation of

regulatory provisions that are

counterpart to 30 CFR 817.41(j) and

817.121(c)(2) is imminent, the number

and extent of underground mines that

have operated in the State since October

24, 1992, is low, the number of

complaints in the State concerning

section 720 of SMCRA is low, or the

State’s investigation of subsistencerelated complaints has been thorough

and complete so as to assure prompt

remedial action, the OSM could decide

not to directly enforce the Federal

provisions in the State. In this situation,

the State would enforce its State

statutory and regulatory provisions once

it has amended its program to be in

accordance with the revised SMCRA

and to be consistent with the revised

Federal regulations. This program

revision process, which is addressed in

the Federal regulations at 30 CFR Part

732, is commonly referred to as the

State program amendment process.

(2) State enforcement. If the State has

statutory or regulatory provisions in

place that correspond to all of the

requirements of the above-described

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2) and the State has

authority to implement its statutory and

regulatory provisions for all

underground mining activities

conducted after October 24, 1992, then

the State would enforce its provisions

for these operations.

(3) Interim direct OSM enforcement. If

the State does not have any statutory or

regulatory provisions in place that

correspond to the requirements of the

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2), the OSM would

enforce in their entirety 30 CFR

817.41(j) and 817.121(c)(2) for all

underground mining activities

conducted in the State after October 24,

1992.

(4) State and OSM enforcement. If the

State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and the State

has authority to implement its

provisions for all underground mining

activities conducted after October 24,

1992, then the State would enforce its

provisions for these operations. OSM

would then enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

were not covered by the State provisions

for these operations.

If the State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and if the

State’s authority to enforce its

provisions applies to operations

conducted on or after some date later

than October 24, 1992, the State would

enforce its provisions for these

operations on and after the provisions’

effective date. OSM would then enforce

30 CFR 817.41(j) and 817.121(c)(2) to

the extent the state statutory and

regulatory provisions do not include

corresponding provisions applicable to

all underground mining activities

conducted after October 24, 1992; and

OSM would enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are included in the State program but

are not enforceable back to October 24,

1992, for the time period from October

24, 1992, until the effective date of the

State’s rules.

As described in items numbers (3)

and (4) above, OSM would directly

enforce in total or in part its Federal

statutory or regulatory provisions until

the State adopts and OSM approves,

under 30 CFR Part 732, the State’s

counterparts to the required provisions.

However, as discussed in item number

(1) above, OSM could decide not to

initiate direct Federal enforcement and

rely instead on the 30 CFR Part 732

State program amendment process.

In those situations where OSM

determined that direct Federal

enforcement was necessary, the ten-day

notice provision of 30 CFR 843.12(a)(2)

would not apply. That is, when on the

basis of a Federal inspection OSM

determined that a violation of 30 CFR

817.41(j) and 817.121(c)(2) existed,

OSM would issue a notice of violation

or cessation order without first sending

a ten-day notice to the State.

Also under direct Federal

enforcement, the provisions of 30 CFR

817.121(c)(4) would apply. This

regulation states that if damage to any

noncommercial building or occupied

residential dwelling or structure related

thereto occurs as a result of earth

movement within an area determined by

projecting a specific angle of draw from

the outermost boundary of any

underground mine workings to the

surface of the land (normally a 30

degree angle of draw), a rebuttable

presumption exists that the premittee

caused the damage.

Lastly, under direct Federal

enforcement, OSM would also enforce

the new definitions at 30 CFR 701.5 of

‘‘drinking, domestic or residential water

supply,’’ ‘‘material damage,’’ ‘‘noncommercial building,’’ ‘‘occupied

dwelling and structures related thereto,’’

and ‘‘replacement of water supply’’ that

were adopted with the new

underground mining performance

standards.

OSM would enforce 30 CFR 817.41(j),

817.121(c) (2) and (4), and 30 CFR 701.5

for operations conducted after October

24, 1992.

C. Enforcement in Virginia

By letter to Virginia dated December

14, 1994, OSM requested information

from Virginia that would help OSM

decide which approach to take in

Virginia to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

VA–850. By letter dated January 13,

1995, Virginia responded to this OSM

request (Administrative Record No. VA–

851).

Virginia indicated that existing State

program provisions at Sections 45.1–243

and 45.1–258 of the Code of Virginia are

adequate State counterparts to section

720(a) of SMCRA. Virginia explained

that it will enforce these State program

provisions effective October 24, 1992.

Section 480–03–19.817.121(c)(2) of the

Virginia Coal Surface Mining

Reclamation Regulations concerning

subsidence control has been used by

Virginia since December 26, 1990. OSM
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25187

records show that approximately 325

underground coal mines have been

classified as active in Virginia since

October 24, 1992. Between October 24,

1992, and January 13, 1995, Virginia

investigated 262 citizen complaints

alleging subsidence-caused structural

damage or water supply loss or

contamination as a result of

underground mining operations. As of

January 13, 1995, Virginia had found

that no violation of the Act existed on

202 of the complaints, violations existed

on 35 of the complaints, and technical

reports and a final decision were

pending on 25 complaints.

By letter dated April 30, 1995, a

person requested that the comment

period be reopened because previous

commitments prevented a timely reply

to OSM’s request for public comment. In

response to this request, OSM is

reopening the public comment period

until May 26, 1995.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Virginia to

implement the underground coal mine

performance standards of section 720(a)

of SMCRA, the implementing Federal

regulations, and any counterpart State

provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, 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 OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on May 18,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

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 speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

that individual listed under FOR

FURTHER INFORMATION CONTACT.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Virginia should implement the

provisions of section 720(a) of SMCRA,

the implementing Federal regulations,

and/or the counterpart State provisions,

may request a meeting 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 at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: May 4, 1995.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 95–11647 Filed 5–10–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–95–051]

Special Local Regulation: Stonington

Lobster Boat Races, Deer Island

Thoroughfare, Stonington, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent special local

regulation for the Stonington Lobster

Boat Race. The event will be held on

Saturday, July 22, 1995, from 10 a.m. to

4 p.m., and thereafter annually on the

third or fourth Saturday in July in the

waters of Deer Island Thoroughfare,

Stonington, ME. This regulation is

needed to protect the boating public

from the hazards associated with high

speed powerboat racing in confined

waters.

DATES: Comments must be received on

or before June 12, 1995.

ADDRESSES: Comments should be

mailed to Commander (b), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 428 at the

same address, between 8 a.m. and 4

p.m., Monday through Friday, except

federal holidays. Comments will

become part of this docket and will be

available for inspection or copying at

the above address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant(jg) B.M. Algeo, Chief,

Boating Affairs Branch, First Coast

Guard District, (617) 223–8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(CGD01–95–051), the specific section of

the proposal to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ x 11′′ unbound

format suitable for copying and

electronic filing. If that is not practical,

a second copy of any bound material is

requested. Persons requesting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

Commander (b), First Coast Guard

District at the address under ADDRESSES.

The request should include reasons why

a hearing would be beneficial. If it is

determined that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

The shortened comment period for

this regulation was caused by a delay in

receiving necessary information from

the event sponsor. The Coast Guard

considers this shortened comment

period to be adequate because

considerable promotional efforts

undertaken by the sponsor have

effectively publicized the event

throughout the local area. The shortened

comment period will allow sufficient

time for the public to make substantive

comments on the proposed rule.