[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Rules and Regulations]
[Pages 42788-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21083]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-107-FOR]


Virginia Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Virginia 
permanent 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.

EFFECTIVE DATES: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big 
Stone Gap Field Office, Office of Surface Mining Reclamation and 
Enforcement, 1941 Neeley Road, Suite 201, Compartment 116, Big Stone 
Gap, Virginia 24219, Telephone: (540) 523-4303.

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Program.
II. Submission of the Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

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 are 
identified at 30 CFR 946.11, 946.12, 946.13, 946.15, and 946.16.

II. Submission of the 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 amendment was published in the May 3, 1996, Federal 
Register (61 FR 19885), and in the same notice, OSM opened the public 
comment period and provided opportunity for a public hearing on the 
adequacy of the proposed amendment. The comment period closed on June 
3, 1996.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment to the Virginia program.
    The amendments proposed by Virginia 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 accumulated water from 
underground workings.
    2. Sec. 480-03-19.784.14(g) of the Virginia regulations is amended 
to add

[[Page 42789]]

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:
    (i)(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)(3)(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.
    (i)(3)(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.
    There are no Federal counterparts to the Virginia amendments. The 
Director finds, however, that the amendments are reasonable, and not 
inconsistent with SMCRA and the Federal regulations. The Virginia 
amendments are technically sound, and will add an increased measure of 
protection from the hazards of sudden releases of accumulated water 
from underground workings.

IV. Summary and Disposition of Comments

Federal Agency Comments

    Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i), 
comments were solicited from various interested Federal agencies. The 
U.S. Department of Agriculture, Natural Resources Conservation Service 
responded and recommended that the amendments be accepted. The U.S. 
Fish and Wildlife Service responded and stated that the proposed 
regulatory changes are not likely to adversely affect threatened or 
endangered species or critical habitats.
    The U.S. Department of Labor, Mine Safety and Health Administration 
(MSHA) responded and stated that it may be useful for the State to 
develop the criteria that would be employed to measure the phrase 
``cannot reasonably be expected'' that appears at proposed Sec. 480-03-
19.817.41(i)(3)(ii). The provision provides for an exception to the 
barrier width requirement of (i)(3)(i) when site specific conditions 
indicate there will be no accumulation of water. In response to the 
MSHA comment, the Division of Mines, Minerals and Energy (DMME) said 
that it chose not to specify in the proposed amendment each 
circumstance an applicant may be able to demonstrate that water 
``cannot reasonably be expected'' to accumulate within the abandoned 
mine voids. DMME stated that it intends to depend upon conservative 
scientific principles in evaluating each case specific demonstration. 
DMME intends to consider the availability/proximity of water to the 
underground voids as well as the geohydrologic parameters that may 
affect the ability of the voids to hold such waters under head. In 
response, the Director believes the DMME approach to be reasonable and 
has determined in the Finding above, that the proposed amendments are 
not inconsistent with SMCRA and the Federal regulations.

Public Comments

    A public comment period and opportunity to request a public hearing 
was announced in the May 3, 1996, Federal Register (61 FR 19885). The 
comment period closed on June 3, 1996. No comments were received and no 
one requested an opportunity to testify at the scheduled public hearing 
so no hearing was held.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain 
the written concurrence of the Administrator of the EPA with respect to 
any provisions of a State program amendment that relate to air or water 
quality standards promulgated under the authority of the Clean Water 
Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et 
seq.). The Director has determined that this amendment contains no 
provisions in these categories and that EPA's concurrence is not 
required.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA. EPA responded on June 20, 1996 
(Administrative Record No. VA-891) and stated that the amendment is in 
compliance with the Clean Water Act and offered no additional comments.

V. Director's Decision

    Based on the findings above, the Director is approving Virginia's 
amendment concerning sudden release of accumulated water from 
underground coal mine voids as submitted by Virginia on April 17, 1996.
    The Federal regulations at 30 CFR Part 946 codifying decisions 
concerning the Virginia program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs 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 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 determined 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)).

[[Page 42790]]

Paperwork Reduction Act

    This rule does not contain information collections 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.

List of Subjects in 30 CFR Part 946

    Intergovernmetal relations, Surface mining, Underground mining.

    Dated: July 30, 1996.
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. In Sec. 946.15, paragraph (kk) is added to read as follows:


Sec. 946.15   Approval of regulatory program amendments

* * * * *
    (kk) The amendment to the Virginia program concerning the sudden 
release of accumulated water from underground coal mine voids as 
submitted to OSM on April 17, 1996, is approved effective August 19, 
1996.

[FR Doc. 96-21083 Filed 8-16-96; 8:45 am]
BILLING CODE 4310-05-M