[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Proposed Rules]
[Pages 71049-71050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33919]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-114-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 clarifies the State's interpretation of 
its regulations concerning the disposal of excess spoil. The amendment 
is intended to improve the operational efficiency of the Virginia 
program.

DATES: Written comments must be received by 4:00 p.m., on January 22, 
1999. If requested, a public hearing on the proposed amendment will be 
held on January 19, 1999. Requests to speak at the hearing must be 
received by 4:00 p.m., on January 7, 1999.

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 contracting 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
      or
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, 946.15, and 946.16.

II. Discussion of the Proposed Amendment

    By letter dated November 24, 1998 (Administrative Record No. VA-
961), the Virginia Department of Mines, Minerals and Energy (DMME) 
submitted a clarification to its interpretation of its regulations at 4 
VAC 25-130-816/817.76 concerning the disposal of excess spoil.
    The proposed amendment is as follows:

    The Division of Mined Land Reclamation proposed to clarify the 
interpretation of 4 VAC 25-130-816.76. The regulation states that 
excess spoil may be placed on ``another area under a permit issued 
pursuant to the Act, or on abandoned mine lands under contract for 
reclamation according to the Abandoned Mine Land (AML) Guidelines 
and approved by the Division of Mines Land Reclamation.'' The 
Virginia Division of Mined Land Reclamation interprets this 
regulation to mean excess spoil from a permitted coal mining 
operation may be used by the Division of Mined Land Reclamation to 
reclaim a bond forfeiture site or an AML project site. Through any 
of the contracting procedures available to the agency, including 
negotiated, non-cost, or competitively bid contracts, the agency may 
cause the placement of excess spoil on the forfeiture or AML site in 
accordance with the provisions of a contract executed between the 
Division and a contractor. The spoil material removed from the 
permitted area will be demonstrated to be excess spoil and 
unnecessary for the achievement of approximate original contour 
within the permitted area.
    The forfeiture or AML project must be:
    1. Located in general proximity to the permit area;
    2. On the AML inventory list or bond forfeiture list; and
    3. Referenced in the permit plans, along with the demonstration 
that the spoil is excess and identified on the permit map. However, 
the forfeiture or AML site will not be included in the permit 
acreage; will not be subject to the requirements for permits, 
performance bonds; and will not delay or otherwise affect bond 
release on the permitted area.
    In the event the contractor fails to perform the work specified 
in the ``no-cost contract,'' the Division will invoke the 
appropriate

[[Page 71050]]

contract sanctions to cause completion of the contract terms. When 
the contractor and the mine operator happen to be one and the same, 
the contract will include an additional default provision. In this 
case, the contract will specify that the mine operator will revise 
the permit boundary to include the area upon which the excess spoil 
was placed pursuant to the ``no-cost contract.'' The permit 
performance bond requirements will become applicable.

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, 1999. 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 
meeting 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 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.

List of Subjects in 30 CFR Part 946

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 16, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-33919 Filed 12-22-98; 8:45 am]
BILLING CODE 4310-05-M