29506 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

Dated: May 31, 1996.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 96–14606 Filed 6–10–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 946

[VA–106–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.

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

standards of the Federal Energy Policy

Act of 1992, and the Code of Virginia as

amended in 1993. The amendment is

intended to revise the State program to

be consistent with the Federal

regulations as amended on March 31,

1995 (60 FR 16772).

DATES: Written comments must be

received by 4:00 p.m., on July 11, 1996.

If requested, a public hearing on the

proposed amendment will be held on

July 8, 1996. Requests to speak at the

hearing must be received by 4:00 p.m.,

on June 26, 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

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. 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 21, 1996

(Administrative Record No. VA–882),

Virginia submitted amendments to the

Virginia program concerning subsidence

damage. The amendments are intended

to make the Virginia program consistent

with the Federal regulations as amended

on March 31, 1995 (60 FR 16722).

Virginia stated that the proposed

amendments implement the standards

of the Federal Energy Policy Act of

1992, and sections 45.1–243 and 45.1–

258 of the Code of Virginia.

Virginia also noted that the State has

adopted a revised system for numbering

the Virginia regulations. For the Virginia

program, the prefix ‘‘480–03–19’’ has

been replaced with ‘‘4 VAC 25–130–.’’

The part of the existing Virginia

numbering system that corresponds to

the Federal number remains the same.

For example, old ‘‘480–03–19.700.5’’

has been ‘‘4 VAC 25–130–700.5.’’ The

Virginia Division of Mines, Minerals

and Energy (DMME) will be reprinting

the Virginia program regulations to

incorporate the new prefix, both in the

numbering of the regulations and in

references contained in the regulations.

However, the DMME is continuing to

use the ‘‘480–03–19.’’ prefix pending

the reprint.

The proposed amendments are as

follows:

1. § 480–03–19.700.5 Definitions

(a) ‘‘Drinking, domestic or residential

water supply’’ has been added to mean

water received from a well or spring and

any appurtenant delivery system that

provides water for direct human

consumption or household use. Wells

and springs that serve only agricultural,

commercial or industrial enterprises are

not included except to the extent the

water supply is for direct human

consumption or human sanitation, or

domestic use.

(b) ‘‘Material damage, in the context

of §§ 480–03–19.784.20 and 480–03–

19.817.121’’ of this chapter has been

added to mean:

(a) Any functional impairment of

surface lands, features, structures or

facilities;

(b) Any physical change that has a

significant adverse impact on the

affected land’s capability to support any

current or reasonably foreseeable uses or

causes significant loss in production or

income; or

(c) Any significant change in the

condition, appearance or utility of any

structure or facility from its

presubsidence condition.

(c) ‘‘Non-commercial building’’ has

been added to mean any building, other

than an occupied residential dwelling,

that, at the time the subsidence occurs,

is used on a regular or temporary basis

as a public building or community or

institutional building as those terms are

defined in § 480–03–19.700.5 of this

chapter. Any building used only for

commercial agricultural, industrial,

retail or other commercial enterprises is

excluded.

(d) ‘‘Occupied residential dwelling

and structures related thereto’’ has been

added to mean, for purposes of §§ 480–

03–19.784.20 and 480–03–19.817.121,

any building or other structures that, at

the time the subsidence occurs, is used

either temporally, occasionally,

seasonally, or permanently for human

habitation. This term also includes any

building, structure or facility installed

on, above or below, or a combination

thereof, the land surface if that building,

structure or facility is adjunct to or used

in connection with an occupied

dwelling. Examples of such structures

include, but are not limited to, garages;

storage sheds and barns; greenhouses

and related buildings, utilities and

cables, fences and other enclosures;

retaining walls; paved or improved

patios, walks and driveways; septic

treatment facilities; and lot drainage and

lawn and garden irrigation systems. Any

structure used only for commercial

agricultural, industrial, retail or other

commercial purposes is excluded.

(e) ‘‘Replacement of water supply’’

has been added to mean, with respect to

protected water supplies contaminated,

diminished, or interrupted by coal

mining operations, provision of water

supply on both a temporary and

permanent basis equivalent to

premining quantity and quality.

Replacement includes provision of an
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29507

equivalent water delivery system and

payment of operation and maintenance

costs in excess of customary and

reasonable delivery costs for premining

water supplies.

(a) Upon agreement by the permittee

and the water supply owner, the

obligation to pay such operation and

maintenance costs may be satisfied by a

one-time payment of amount which

covers the present worth of the

increased annual operation and

maintenance costs for a period agreed to

by the permittee and the water supply

owner.

(b) If the affected water supply was

not needed for the land use in existence

at the time of loss, contamination, or

diminution, and if the supply is not

needed to achieve the post mining land

use, replacement requirements may be

satisfied by demonstrating that a

suitable alternative water source is

available and could feasibly be

developed. If the latter approach is

selected, written concurrence must be

obtained from the water supply owner.

2. § 480–03–19.784.14 Hydrologic

Information

Subsection (e) has been amended by

adding new subsection (e)(3)(iv) to

provide that the probable hydrologic

consequences (PHC) determination shall

contain findings on: ‘‘Whether the

underground mining activities

conducted after October 24, 1992 may

result in contamination, diminution or

interruption of a well or spring in

existence at the time the permit

application is submitted and used for

domestic, drinking, or residential

purposes within the permit or adjacent

areas.’’

3. § 480–03–19.784.10 Subsidence

Control Plan

The existing language of this

provision is deleted and replace by new

language. New subsection (a) provides

for a pre-subsidence survey that

includes a map to identify structures,

renewable resource lands and drinking,

domestic and residential water supplies

that subsidence may affect; an

accompanying narrative; and a presubsidence survey of all noncommercial buildings or occupied

residential dwellings and structures

related thereto, that may be damaged by

subsidence, and a survey of the quantity

and quality of all drinking, domestic,

and residential water supplies within

the permit and adjacent area that could

be contaminated, diminished, or

interrupted by subsidence.

Subsection (b) provides for a

subsidence control plan. The

subsidence control plan shall contain a

description of the mining method; a

map of underground workings showing

areas of planned subsidence, and areas

where measures to minimize subsidence

and subsidence related damage; a

description of the overlying rock strata

that affect the likelihood or extent of

subsidence and subsidence related

damage; a description of monitoring if

needed; a description of subsidence

control measures, except for areas where

planned subsidence is projected to be

used; a description of the anticipated

effects of planned subsidence, if any; a

description of methods to be employed

to minimize the effects of planned

subsidence, or the written consent of the

owner that such measures not be taken;

a description of the measures to be

taken to replace adversely affected

protected water supplies or to mitigate

or remedy any subsidence related

material damage to the land and

protected structures; and other

information as specified by the Division

of Mined Land Reclamation (DMLR).

4. § 480–03–19.817.41 Hydrologic

Balance Protection

New subsection (j) is added to provide

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 DMLR

received the permit application for the

activities causing the loss,

contamination or interruption. The

baseline hydrologic information

required in § 480–03–19.784.14 and the

geologic information concerning

baseline hydrologic conditions required

in § 480–03–784.22 will be used to

determine the impact of mining

activities upon the water supply.

5. § 480–03–19.817.121 Subsidence

Control

Subsection (a) concerning measures to

prevent or minimize damage is

amended by adding new language to

provide that planned subsidence must

include measures to minimize material

damage to protected structures, except if

the permittee has written consent of the

structure owners, or unless the

anticipated damage would constitute a

threat to health or safety, the costs of

such measures exceed the anticipated

costs of repair, or the structure owners

deny the permittee access to implement

the measures to minimize material

damage and the permittee provides

written evidence of good faith efforts to

obtain access.

Subsection (c) has been revised by

deleting the existing language and

replacing new language. The new

language provides for the repair of

damage to surface lands; the repair or

compensation for damage to noncommercial buildings and dwellings

and related structures; repair or

compensation for damage to other

structures; rebuttable presumption of

causation by subsidence; approval of

site-specific angle of draw; no

presumption where access for presubsidence survey is denied; rebuttal of

presumption; information to be

considered in determination of

causation.; and adjustment of bond

amount for subsidence damage.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment 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 June 26, 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 response

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.
29508 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

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.

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 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: May 31, 1996.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 96–14605 Filed 6–10–96; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 52–2–7155; FRL–5506–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Extension of Comment

Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of extension of public

comment period.

SUMMARY: EPA is reopening the

comment period for a proposed rule

published on April 9, 1996 (61 FR

15744). In the April 9, 1996 notice, EPA

proposed to approve a reasonably

available control technology (RACT)

requirements for 21 Pennsylvania

sources of volatile organic compounds

(VOCs) or nitrogen oxides (NOX). At the

request of the New York State

Department of Environmental

Conservation, EPA is reopening the

comment period through June 10, 1996,

only as it pertains to the RACT

determinations for Pennsylvania

Power—New Castle plant and

International Paper—Hammermill

Division. All comments received on or

before June 10, 1996, including those

received between the close of the

comment period on May 9 and the

publication of this notice, will be

entered into the public record and

considered by EPA before taking final

action on the proposed rule.

DATES: Comments are now due on or

before June 28, 1996.

ADDRESSES: Comments may be mailed to

Kathleen Henry, Acting Chief, Ozone

and Mobile Sources Section, Mailcode

3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; and Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl at the U.S. EPA Region

III address above, (215) 597–9337, or

after May 20, 1996, (215) 566–2180, or

via e-mail at

stahl.cynthia@epamail.epa.gov

pertaining to the reopening of the

comment period for the Pennsylvania

Power—New Castle and International

Paper—Hammermill RACT

determinations.

Dated: May 9, 1996.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96–14807 Filed 6–10–96; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Parts 52 and 81

[WI71–01–7297; FRL–5518–8]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: Wisconsin

AGENCY: Environmental Protection

Agency (EPA).