Virginia Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-115-FOR]

Virginia Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval of an amendment to the Virginia

Abandoned Mine Land Reclamation (AMLR) Program (hereinafter referred to

as the Virginia Program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended.

The amendment makes changes to the Ranking and Selection section by

adding a subsection concerning reclamation projects receiving less than

50 percent government funding. The amendment is intended to incorporate

the additional flexibility afforded by the revised Federal regulations.

EFFECTIVE DATE: January 7, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big

Stone Gap Field Office, Telephone: (540) 523-4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Plan

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Virginia Plan

On December 15, 1981, the Secretary of the Interior conditionally

approved the Virginia program. Background 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 AMLR program amendments are identified at 30

CFR 946.20 and 946.25.

II. Submission of the Proposed Amendment

By letter dated September 10, 1999 (Administrative Record No. VA-

981), the Virginia Division of Mined Land Reclamation (DMLR) submitted

a proposed Program Amendment to the Virginia Program. The proposed

amendment revises the ``Ranking and Selection 884.13(c)(2)'' section by

adding a subsection entitled ``Reclamation Projects Receiving Less Than

50% Government Funding.'' This amendment is intended to revise the

Virginia program to incorporate the additional flexibility afforded by

the revised Federal regulations.

OSM announced receipt of the proposed amendment in the October 8,

1999, Federal Register (64 FR 54843), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on November 8, 1999. No public hearing was requested, so

none was held. On October 22, 1999 (Administrative Record No. VA-997),

the State submitted a correction to a typographical error in a citation

on Page 15 of the amendment.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 884.14 and 884.15, finds that the proposed plan amendment submitted

by Virginia on September 10, 1999, and amended on October 22, 1999,

meets the requirements of the corresponding Federal regulations and is

consistent with SMCRA.

Ranking and Selection 884.13(c)(2)

In this section, Virginia added a new subsection titled

``Reclamation Projects Receiving Less Than 50% Government Funding.''

The new language is as follows:

Reclamation Projects Receiving Less Than 50% Government Funding

An abandoned mine land reclamation project may be considered for

government-financed construction under Virginia program Sec. 4 VAC

25-130 Part 707. If the level of government funding for the

construction will be less than fifty percent of the total cost

because of planned coal extraction, the procedures of this section

apply. Such coal removal will be conducted in conformity with

Virginia program Sec. 4 VAC 25-130 Part 707 and the regulatory

definitions for the terms ``extraction of coal as an incidental

part,'' ``government financing agency,'' and ``government-financed

construction'' contained within the Virginia regulatory program

regulations at 4-VAC-25-700.5.

In considering such AML construction, the DMLR AML Section

(Title IV authority) will consult with the DMLR Reclamation Services

Section (Title V authority) to make the following determinations:

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1. The likelihood of the coal being mined under a Title V

permit. The determination will take into account available

information such as:

Coal reserves from existing mine maps or other sources;

Existing environmental conditions;

All prior mining activity on or adjacent to the site;

Current and historic coal production in the area; and

Any known or anticipated interest in mining the site.

2. The likelihood that nearby or adjacent mining activities

might create new environmental problems or adversely affect existing

environmental problems at the site.

3. The likelihood that reclamation activities at the site might

adversely affect nearby or adjacent mining activities.

After the above consultation, if it is decided that a

government-financed reclamation project is to proceed, then the DMLR

AML Section and DMLR Reclamation Services Section must concur to in

the following determinations:

1. The limits on any coal refuse, coal waste, or other coal

deposits which can be extracted under 4-VAC-25-130 Part 707 and the

Virginia regulatory definition of ``government-financed

construction'' at Sec. 4-VAC-25-130-700.5; and

2. The delineation of the boundaries of the AML project.

All of the above determinations, the information taken into

account in making the determinations, and the names of the parties

making the determinations will be documented in the AML project

file. For each project, DMLR AML Section will:

Characterize the site in terms of mine drainage, active

slides and slide-prone areas, erosion and sedimentation, vegetation,

toxic material, and hydrologic balance;

Ensure that the reclamation project is conducted in

accordance with the provisions of 30 CFR Subchapter R;

Develop specific-site reclamation requirements,

including performance bonds when appropriate in accord with State

procedures; and

Require the contractor conducting the reclamation to

provide prior to the time reclamation begins applicable documents

that clearly authorize the extraction of coal and payment of

royalties.

The contractor shall be required to obtain a coal surface mining

permit under the Virginia Coal Surface Mining Reclamation

Regulations (Title 4 of the Virginia Administrative Code) for any

coal extracted beyond the limits of the incidental coal specified in

the AML project file.

On October 22, 1999 (Administrative Record No. VA-997), DMLR

provided a typographic correction to the regulatory citation found on

the last line of Page 15 of the amendment to fully reflect that the

regulatory definition for the terms ``extraction of coal as an

incidental part,'' ``government-financing agency,'' and ``government-

financed construction'' are contained within the Virginia regulatory

program regulations at Sec. 4 VAC 25-130-700.5. In the original

submittal, the ``130'' was omitted from the citation.

We find that the provisions of this amendment are substantively

identical to and no less effective than the Federal regulations at 30

CFR 874.17 concerning the AML agency procedures for reclamation

projects receiving less than 50 percent government funding. Therefore,

we are approving the amendment. We also note that OSM has just approved

a definition of ``government-financed construction'' at 4 VAC 25-130-

700.5 that is substantively identical to the Federal definition of

``government-financed construction'' at 30 CFR 707.5.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received.

Federal Agency Comments

Pursuant to 884.14(a)(2) and 884.15(a), OSM solicited comments on

the proposed amendment from various other Federal agencies with an

actual or potential interest in the Virginia plan (Administrative

Record number VA-982). The U.S. Department of Agriculture, Natural

Resources Conservation Service responded (Administrative Record number

VA-992) and concurred with the amendment and recommended that it be

approved. As noted above in the Findings, we are approving the

amendment. The U.S. Department of Labor, Mine Safety and Health

Administration (MSHA) responded (Administrative Record number VA-991)

and stated that there appears to be no conflict with MSHA regulations

or policy.

The Environmental Protection Agency responded (Administrative

Record Number VA-996), and stated that the amendment appears to comply

with the Clean Water Act, and that it does not have any specific

comments.

V. Director's Decision

Based on the above finding, we are approving the proposed AMLR plan

amendment as submitted by Virginia on September 10, 1999, and amended

on October 22, 1999.

The Federal regulations at 30 CFR Part 946.25, codifying decisions

concerning the Virginia plan amendments, are being amended to implement

this decision. This final rule is being made effective immediately to

expedite the State plan amendment process and to encourage States to

bring their plans 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 and Tribal abandoned mine land reclamation plans and revisions

thereof since each such plan is drafted and promulgated by a specific

State or Tribal, not by OSM. Decisions on proposed abandoned mine land

reclamation plans and revisions thereof submitted by a State or Tribe

are based on a determination of whether the submittal meets the

requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR

Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions thereof are categorically excluded from

compliance with the National Environmental Policy Act (42 U.S.C. 4332)

by the Manual of the Department of the Interior (516 DM 6, appendix 8,

paragraph 8.4B(29)).

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

corresponding Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a

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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 in the analyses for the

corresponding 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: December 23, 1999.

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. Section 946.25 is amended in the table by adding a new entry in

chronological order by ``Date of Final Publication'' to read as

follows:

Sec. 946.25 Approval of Virginia abandoned mine land reclamation plan

amendments.

* * * * *

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Original amendment Date of final

submission date publication Citation/description

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* * * *

* * *

September 10, 1999.......... January 7, 2000..... Revisions to the

Virginia State

Reclamation Plan

corresponding to 30

CFR 884.13(c)(2)--

Ranking and

Selection:

Reclamation

Projects Receiving

Less Than 50%

Government Funding.

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[FR Doc. 00-421 Filed 1-6-00; 8:45 am]

BILLING CODE 4310-05-P