Virginia Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-112-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 revises numerous provisions of the

Virginia program for surface coal mining and reclamation operations.

The amendment is intended to revise the State program to be consistent

with the Federal regulations.

DATES: Written comments must be received by 4:00 p.m., on January 22,

1998. If requested, a public hearing on the proposed amendment will be

held on January 20, 1998. Requests to speak at the hearing must be

received by 4:00 p.m., on January 7, 1998.

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 December 1, 1997 (Administrative Record VA-938),

the Virginia Department of Mines, Minerals and Energy (DMME) submitted

numerous amendments to the Virginia program. The DMME stated that the

purpose of the amendments is to address issues identified by OSM

pursuant to 30 CFR 732.17(d). The DMME stated that the proposed

amendments are intended to be materially consistent with the

corresponding Federal standards.

The proposed amendments are as follows:

4VAC 25-130-701.5 Definitions. Two definitions are amended:

``Previously mined area'' and ``other treatment facilities.''

4VAC 25-130-779.22 Land use information. This provision is

proposed for deletion.

4VAC 25-130-779.25 Cross sections, maps, and plans. Subsections

(a) and (b) are amended.

4VAC 25-130-780.23 Reclamation Plan; Land Use Information.

Subsections (a), (b), and (c) are amended.

4VAC 25-130-780.25 Reclamation Plan: Siltation Structures,

Impoundments, Banks, Dams and Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25-130-780.35 Disposal of excess spoil. Subsection (b) is

amended.

4VAC 25-130-783.25 Cross sections, maps and plans. Subsection (a)

is amended and renumbered.

4VAC 25-130-784.15 Reclamation Plan: Land Use Information. The

existing language is deleted and replaced with new language.

4VAC 25-130-784.16 Reclamation Plan: Siltation Structures,

Impoundments, Banks, Dams, and Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25-130-784.23 Operation plan; maps and plans. Subsections (b)

and (c) are amended.

4VAC 25-130-800.40 Requirements for release of performance bond.

New subsection (a)(3) is added.

4VAC 25-130-816.46 Hydrologic balance; siltation structures.

Subsections (a), (b), and (c) are amended.

4VAC 25-130-816.49 Impoundments. Subsections (a) and (c) are

amended.

4VAC 25-130-816.74 Disposal of excess spoil; preexisting benches.

Subsections (a) through (g) are amended.

4VAC 25-130-816.81 Coal mine waste; general requirements.

Subsections (a) and (c) are amended.

4VAC 25-130-816.89 Disposal of noncoal mine wastes. Subsection (d)

is deleted.

4VAC 25-130-816.104 Backfilling and grading; thin overburden. The

existing introductory paragraph is

[[Page 67017]]

deleted and replaced by new language, and existing paragraph (a) is

revised and renumbered.

4VAC 25-130-816.105 Backfilling and grading; thick overburden. The

existing introductory paragraph is deleted and replaced by new

language, and existing paragraph (a) is revised and renumbered.

4VAC 25-130-817.46 Hydrologic balance; siltation structures.

Subsections (a), (b), and (c) are amended.

4VAC 25-130-817.49 Impoundments. Subsections (a) and (c) are

amended.

4 VAC 25-130-817.74 Disposal of excess spoil; preexisting benches.

Subsections (a) through (g) are amended.

4 VAC 25-130-817.81 Coal mine waste; general requirements.

Subsections (a) and (c) are amended.

4 VAC 25-130-817.89 Disposal of noncoal mine Wastes. Subsection

(d) is deleted.

4 VAC 25-130-823.11 Applicability. Subsection (a) is amended.

4 VAC 25-130-840.11 Inspections by the division. Subsections (f),

(g), and (h) are amended.

4 VAC 25-130-843.14 Service of notices of violation, cessation

orders, and show cause orders. Subsection (a)(2) is amended.

4 VAC 25-130-845.17 Procedures for assessment of civil penalties.

Subsection (b) is amended.

4 VAC 25-130-845.18 Procedures for assessment conference.

Subsections (a) and (b), and new subsection (d) is added.

4 VAC 25-130-845.19 Request for hearing. Subsection (a) is

amended.

4 VAC 25-130-846.17 Assessment of an individual civil penalty.

Subsection (b)(3) is deleted and replaced by a new subsection (c).

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 January 7, 1998. 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.

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 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 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.

[[Page 67018]]

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 10, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 97-33431 Filed 12-22-97; 8:45 am]

BILLING CODE 4310-05-M