[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Rules and Regulations]
[Pages 1063-1065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-421]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-115-FOR]
Virginia Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is announcing the approval of an amendment to the Virginia
Abandoned Mine Land Reclamation (AMLR) Program (hereinafter referred to
as the Virginia Program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended.
The amendment makes changes to the Ranking and Selection section by
adding a subsection concerning reclamation projects receiving less than
50 percent government funding. The amendment is intended to incorporate
the additional flexibility afforded by the revised Federal regulations.
EFFECTIVE DATE: January 7, 2000.
FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big
Stone Gap Field Office, Telephone: (540) 523-4303.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Virginia Plan
On December 15, 1981, the Secretary of the Interior conditionally
approved the Virginia program. Background 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 AMLR program amendments are identified at 30
CFR 946.20 and 946.25.
II. Submission of the Proposed Amendment
By letter dated September 10, 1999 (Administrative Record No. VA-
981), the Virginia Division of Mined Land Reclamation (DMLR) submitted
a proposed Program Amendment to the Virginia Program. The proposed
amendment revises the ``Ranking and Selection 884.13(c)(2)'' section by
adding a subsection entitled ``Reclamation Projects Receiving Less Than
50% Government Funding.'' This amendment is intended to revise the
Virginia program to incorporate the additional flexibility afforded by
the revised Federal regulations.
OSM announced receipt of the proposed amendment in the October 8,
1999, Federal Register (64 FR 54843), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on November 8, 1999. No public hearing was requested, so
none was held. On October 22, 1999 (Administrative Record No. VA-997),
the State submitted a correction to a typographical error in a citation
on Page 15 of the amendment.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 884.14 and 884.15, finds that the proposed plan amendment submitted
by Virginia on September 10, 1999, and amended on October 22, 1999,
meets the requirements of the corresponding Federal regulations and is
consistent with SMCRA.
Ranking and Selection 884.13(c)(2)
In this section, Virginia added a new subsection titled
``Reclamation Projects Receiving Less Than 50% Government Funding.''
The new language is as follows:
Reclamation Projects Receiving Less Than 50% Government Funding
An abandoned mine land reclamation project may be considered for
government-financed construction under Virginia program Sec. 4 VAC
25-130 Part 707. If the level of government funding for the
construction will be less than fifty percent of the total cost
because of planned coal extraction, the procedures of this section
apply. Such coal removal will be conducted in conformity with
Virginia program Sec. 4 VAC 25-130 Part 707 and the regulatory
definitions for the terms ``extraction of coal as an incidental
part,'' ``government financing agency,'' and ``government-financed
construction'' contained within the Virginia regulatory program
regulations at 4-VAC-25-700.5.
In considering such AML construction, the DMLR AML Section
(Title IV authority) will consult with the DMLR Reclamation Services
Section (Title V authority) to make the following determinations:
[[Page 1064]]
1. The likelihood of the coal being mined under a Title V
permit. The determination will take into account available
information such as:
Coal reserves from existing mine maps or other sources;
Existing environmental conditions;
All prior mining activity on or adjacent to the site;
Current and historic coal production in the area; and
Any known or anticipated interest in mining the site.
2. The likelihood that nearby or adjacent mining activities
might create new environmental problems or adversely affect existing
environmental problems at the site.
3. The likelihood that reclamation activities at the site might
adversely affect nearby or adjacent mining activities.
After the above consultation, if it is decided that a
government-financed reclamation project is to proceed, then the DMLR
AML Section and DMLR Reclamation Services Section must concur to in
the following determinations:
1. The limits on any coal refuse, coal waste, or other coal
deposits which can be extracted under 4-VAC-25-130 Part 707 and the
Virginia regulatory definition of ``government-financed
construction'' at Sec. 4-VAC-25-130-700.5; and
2. The delineation of the boundaries of the AML project.
All of the above determinations, the information taken into
account in making the determinations, and the names of the parties
making the determinations will be documented in the AML project
file. For each project, DMLR AML Section will:
Characterize the site in terms of mine drainage, active
slides and slide-prone areas, erosion and sedimentation, vegetation,
toxic material, and hydrologic balance;
Ensure that the reclamation project is conducted in
accordance with the provisions of 30 CFR Subchapter R;
Develop specific-site reclamation requirements,
including performance bonds when appropriate in accord with State
procedures; and
Require the contractor conducting the reclamation to
provide prior to the time reclamation begins applicable documents
that clearly authorize the extraction of coal and payment of
royalties.
The contractor shall be required to obtain a coal surface mining
permit under the Virginia Coal Surface Mining Reclamation
Regulations (Title 4 of the Virginia Administrative Code) for any
coal extracted beyond the limits of the incidental coal specified in
the AML project file.
On October 22, 1999 (Administrative Record No. VA-997), DMLR
provided a typographic correction to the regulatory citation found on
the last line of Page 15 of the amendment to fully reflect that the
regulatory definition for the terms ``extraction of coal as an
incidental part,'' ``government-financing agency,'' and ``government-
financed construction'' are contained within the Virginia regulatory
program regulations at Sec. 4 VAC 25-130-700.5. In the original
submittal, the ``130'' was omitted from the citation.
We find that the provisions of this amendment are substantively
identical to and no less effective than the Federal regulations at 30
CFR 874.17 concerning the AML agency procedures for reclamation
projects receiving less than 50 percent government funding. Therefore,
we are approving the amendment. We also note that OSM has just approved
a definition of ``government-financed construction'' at 4 VAC 25-130-
700.5 that is substantively identical to the Federal definition of
``government-financed construction'' at 30 CFR 707.5.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received.
Federal Agency Comments
Pursuant to 884.14(a)(2) and 884.15(a), OSM solicited comments on
the proposed amendment from various other Federal agencies with an
actual or potential interest in the Virginia plan (Administrative
Record number VA-982). The U.S. Department of Agriculture, Natural
Resources Conservation Service responded (Administrative Record number
VA-992) and concurred with the amendment and recommended that it be
approved. As noted above in the Findings, we are approving the
amendment. The U.S. Department of Labor, Mine Safety and Health
Administration (MSHA) responded (Administrative Record number VA-991)
and stated that there appears to be no conflict with MSHA regulations
or policy.
The Environmental Protection Agency responded (Administrative
Record Number VA-996), and stated that the amendment appears to comply
with the Clean Water Act, and that it does not have any specific
comments.
V. Director's Decision
Based on the above finding, we are approving the proposed AMLR plan
amendment as submitted by Virginia on September 10, 1999, and amended
on October 22, 1999.
The Federal regulations at 30 CFR Part 946.25, codifying decisions
concerning the Virginia plan amendments, are being amended to implement
this decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans 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 and Tribal abandoned mine land reclamation plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State or Tribal, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof submitted by a State or Tribe
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR
Parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
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
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
[[Page 1065]]
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 in the analyses for the
corresponding 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 23, 1999.
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. Section 946.25 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 946.25 Approval of Virginia abandoned mine land reclamation plan
amendments.
* * * * *
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Original amendment Date of final
submission date publication Citation/description
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* * * *
* * *
September 10, 1999.......... January 7, 2000..... Revisions to the
Virginia State
Reclamation Plan
corresponding to 30
CFR 884.13(c)(2)--
Ranking and
Selection:
Reclamation
Projects Receiving
Less Than 50%
Government Funding.
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[FR Doc. 00-421 Filed 1-6-00; 8:45 am]
BILLING CODE 4310-05-P