[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