Virginia Regulatory Program

DEPARTMENT OF THE INTERIOR

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: 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 includes changes to Secs. 480-03-

19.816/817.102(e) of the Virginia program relative to the disposal of

coal processing waste and underground development waste in mined-out

areas. The amendment is intended to clarify what provisions of the coal

mine waste disposal regulations apply when disposal of coal processing

waste or underground development waste occurs in mined-out areas for

the purpose of backfilling a disturbed area.

DATES: Written comments must be received by 4 p.m., e.s.t. on December

16, 1994. If requested, a public hearing on the proposed amendment will

be held on December 12, 1994. Requests to speak at the hearing must be

received by 4 p.m., e.s.t. on December 1, 1994.

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.

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.

Office of Surface Mining Reclamation and Enforcement, Big Stone Gap

Field Office, P.O. Drawer 1217, Powell Valley Square Shopping

Center, Room 220, Route 23, 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 October 31, 1994 (Administrative Record No. VA-

839), Virginia submitted a proposed amendment to its program pursuant

to SMCRA. Virginia proposes to amend Sec. 480-03-19.816/817.102(e) to

clarify the Virginia regulations that are applicable when coal

processing waste and underground development waste is used as backfill

material for mined-out areas. If approved the proposed amendment will

settle interpretational differences between Virginia and OSM relative

to how the coal mine waste regulations apply to waste materials placed

in backfills. The text of the existing regulation is presented below

with proposed changes italicized:

Section 480-03-19.816/817.102 Backfilling and Grading: General

Requirements

* * * * *

(e) Disposal of coal processing waste and underground development

waste in the mined-out area shall be in accordance with Sec. 480-03-

19.816/817.81 and 83 as provided in subparagraphs (1) and (2) of this

section, except that a long-term static safety factor of 1.3 shall be

achieved.

(1) Disposal of coal processing waste and underground development

waste in the mined-out area to backfill disturbed areas shall be in

accordance with 480-03-19.816/817.81.

(2) Disposal of coal processing waste and underground development

waste in the mined-out area as a refuse pile and not to backfill

disturbed areas shall be in accordance with 480-03-19.816/817.81 and

480-03-19.816/817.83. The Division may approve a variance to 480-03-

19.816/817.83(a)(2) if the applicant demonstrates that the area above

the refuse pile is small and that appropriate measures will be taken to

direct or convey runoff across the surface area of the pile in a

controlled manner.

* * * * *

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 December 1, 1994. 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 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. 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.

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 12778

The Department of the Interior has conducted the reviews required

by section 2 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 the 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 the 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 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.

List of Subjects in 30 CFR Part 946

Intergovernment relations, Surface mining, Underground mining.

Dated: November 7, 1994.

Richard J. Seibel,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-28226 Filed 11-15-94; 8:45 am]

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