[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28226]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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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]
BILLING CODE 4310-05-M