[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19885-19887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11023]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 946

[VA-107-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.

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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 consists of statutory changes contained 
in Virginia House Bill 706 and the implementing regulations, both of 
which address sudden release of accumulated water from underground coal 
mine voids. The amendment is intended to improve the effectiveness of 
the Virginia program.

DATES: Written comments must be received by 4:00 p.m., on June 3, 1996. 
If requested, a public hearing on the proposed amendment will be held 
on May 28, 1996. Requests to speak at the hearing must be received by 
4:00 p.m., on May 20, 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, P.O. Box 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 April 17, 1996 (Administrative Record No. VA-876), 
Virginia submitted amendments to Sec. 45.1-243 of the Code of Virginia 
contained in Virginia House Bill 706, and concerning the sudden release 
of accumulated water from underground coal mine voids. Virginia also 
submitted the proposed implementing regulations at Sec. 480-03-
19.784.14 concerning hydrologic information for reclamation and 
operations plans, and Sec. 480-03-19.817.41 concerning performance 
standards for hydrologic balance protection.
    The proposed amendments are as follows:
    1. Sec. 45.1-243 of the Code of Virginia is amended by adding a new 
subsection to read as follows:
    B. The Director's regulations shall require that permit applicants 
submit hydrologic reclamation plans that include measures that will be 
utilized to prevent the sudden release of

[[Page 19886]]

accumulated water from underground workings.
    2. Sec. 480-03-19.784.14(g) of the Virginia regulations is amended 
to add the requirement that the hydrologic reclamation plan shall also 
include identification of the measures to be taken to prevent the 
sudden release of accumulated water from the underground workings.
    3. Sec. 480-03-19.817.41(I) is amended by adding new subparagraph 
(3) to read as follows:
    (3) Except where surface entries and accesses to underground 
workings are located pursuant to (i)(1) of this Section, an unmined 
barrier of coal shall be left in place where the coal seam dips toward 
the land surface. The unmined barrier and associated overburden shall 
be designed to prevent the sudden release of water that may accumulate 
in the underground workings.
    (I) The applicant may demonstrate the appropriate barrier width and 
overburden height by either:
    (A) providing a site specific design, certified by a qualified 
registered professional engineer, which considers the overburden and 
barrier characteristics; or
    (B) providing the greater barrier width necessary for a minimum of 
100 feet of vertical overburden or for an unmined horizontal barrier 
calculated by the formula: W=50+H, when W is the minimum width in feet 
and H is the calculated hydrostatic head in feet.
    (ii) Exception to the barrier requirement may be approved provided 
the Division finds, based upon the geologic and hydrologic conditions, 
an accumulation of water in the underground workings cannot reasonably 
be expected to occur or other measures taken by the applicant are 
adequate to prevent the accumulation of water.

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 May 20, 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 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.

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. According, 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

    Intergovernmental relations, Surface mining, Underground mining.


[[Page 19887]]


    Dated: April 25, 1996.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-11023 Filed 5-2-96; 8:45 am]
BILLING CODE 4310-05-M