[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71295-71297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24392]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[Docket ID: OSM-2007-0013; SATS No. VA-124-FOR]
Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: We are announcing receipt of revisions to a previously
proposed amendment to the Virginia regulatory program under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
revisions concern Virginia's standards for revegetation success for
certain postmining land uses. The amendment is intended to render the
State's regulations no less effective than the Secretary's regulations
in meeting the requirements of the Act. This document gives the times
and locations that the Virginia program and proposed amendment to that
program are available for your inspection and the comment period during
which you may submit written comments on the revisions to the
amendment.
DATES: Comments on the proposed rule must be received on or before
January 2, 2008 to ensure our consideration.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
The proposed rule is listed under the agency name ``OFFICE OF SURFACE
MINING RECLAMATION AND ENFORCEMENT.'' It has been assigned Docket ID:
OSM-2007-0013.
If you would like to submit comments through the Federal
eRulemaking Portal, go to www.regulations.gov and do the following.
Find the blue banner with the words ``Search Documents'' and go to
``Optional Step 2.'' Select ``Office of Surface Mining Reclamation and
Enforcement'' from the agency drop-down menu, then click the ``Submit''
button at the bottom of the page. The next screen will have the title
``Document Search Results.'' The proposed rule is listed under the
Docket ID as OSM-2007-0013. If you click on OSM-2007-0013, you can view
the proposed rule, add comments, and view any comments submitted by
other persons.
Mail/Hand Delivery: Mr. Earl Bandy, Director, Knoxville
Field Office,
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Office of Surface Mining Reclamation and Enforcement, 1941 Neeley Road,
Suite 201, Compartment 116, Big Stone Gap, Virginia 24219. Please
include the Docket ID (OSM-2007-0013) with your written comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed above will be included in the docket for this rulemaking and
considered.
For additional information on the rulemaking process and the public
availability of comments, see ``III. Public Comment Procedures'' in the
SUPPLEMENTARY INFORMATION section of this document.
You may also request to speak at a public hearing by contacting the
individual listed under FOR FURTHER INFORMATION CONTACT.
Docket: The proposed rule, additional documentation, and any
comments that are submitted may be viewed over the internet at
www.regulations.gov. Look for Docket ID: OSM-2007-0013.
In addition, you may review copies of the Virginia program, this
amendment, a listing of any scheduled public hearings, and all written
comments received in response to this document at the addresses listed
below during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting:
Mr. Earl Bandy, Director, Knoxville Field Office, Office of Surface
Mining Reclamation and Enforcement, 1941 Neeley Road, Suite 201,
Compartment 116, Big Stone Gap, Virginia 24219, Telephone: (276) 523-
4303. E-mail: [email protected].
Mr. Gavin Bledsoe, Virginia Division of Mined Land Reclamation, P.
O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-
8100. E-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Earl Bandy, Director, Knoxville
Field Office; Telephone: (276) 523-4303. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
I. Background on the Virginia Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Virginia program on December 15, 1981. You
can find background information on the Virginia program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Virginia program in the December 15, 1981, Federal
Register (46 FR 61088). You can also find later actions concerning
Virginia's program and program amendments at 30 CFR 946.12, 946.13, and
946.15.
II. Description of the Proposed Amendment
By letter dated February 13, 2007 (Administrative Record Number VA-
1059), the Virginia Department of Mines, Minerals and Energy (DMME)
submitted an amendment to the Virginia program. In its submission, DMME
proposed to revise the Virginia program regarding, among other things,
revegetation success standards. We announced receipt of the proposed
amendment in the April 9, 2007, Federal Register (72 FR 17452). The
public comment period closed on May 9, 2007.
The portion of the February 13, 2007, amendment dealing with
revegetation success standards involved proposed changes to Virginia's
regulations at 4 VAC 25-130-816 and 817.116(a)(2) and (b)(3)(v)(C).
DMME proposed to revise subsection (a)(2) to consider the levels of
ground cover, production, or stocking as being equal to the approved
success standard when they were not less than 70% of that success
standard. DMME also proposed to revise subsection (a)(2) by adding an
exception to the success standard requirements as provided for in
subsection (b). Subsection (b) provides success standards for certain
approved postmining land uses. Finally, DMME proposed to amend
subsection (a)(2) by deleting a provision requiring that the sampling
techniques for measuring success use a 90% statistical confidence
interval (i.e., one-sided test with a 0.10 alpha error). In subsection
(b)(3)(v)(C), DMME proposed to amend standards for herbaceous
vegetation success on postmining land uses where woody plants are used
for wildlife management, recreation, shelter belts or forest uses other
than commercial forest land by requiring that areas planted with a
mixture of herbaceous and woody species sustain a herbaceous ground
cover of 70%.
After the February 13, 2007, proposed rule was published in the
Federal Register, DMME revised the portion of its proposed amendment
dealing with revegetation success standards. By electronic mail dated
April 18, 2007, (Administrative Record Number VA-1074), DMME stated
that it wished to withdraw the changes it previously made to 4 VAC 25-
130-816 and 817.116(a)(2) regarding the sampling techniques and retain
the original language. Additionally, DMME indicated that it wished to
revise the herbaceous ground cover success standard of 4 VAC 25-130-816
and 817.117(b)(3)(v)(C) to require that postmining land uses of
wildlife management, recreation, shelter belts, or forest uses other
than commercial forest land that are planted with a mixture of
herbaceous and woody species must sustain a herbaceous ground cover of
80%. We announced these proposed revisions in a July 5, 2007, Federal
Register notice (72 FR 36632) in which we reopened the public comment
period. The reopened public comment period closed July 20, 2007.
After our review of the second resubmission of the amendments and
based on our discussions regarding the amendment with DMME, DMME chose
to resubmit 4 VAC 25-130-816 and 817.116(b)(3) and 816 and
817.116(b)(3)(v)(C) with added language that would facilitate the
growth of woody plants in areas to be developed for fish and wildlife
habitat, recreation, shelter belts, or forestry. By electronic mail
dated August 30, 2007 (Administrative Record Number VA-1082), DMME
stated that it would revise parts of 4 VAC 25-130-816 and 817.116
based, in part, on discussions with us regarding the benefits of using
the Forestry Reclamation Approach (FRA). The FRA is a method for
reclaiming coal-mined land to forests and is based on knowledge gained
from both scientific research and experience. It is designed to restore
forest land capability and accelerate the natural process of forest
development. The FRA advocates selection of a suitable rooting medium
for tree growth, loosely grading the growth medium to reduce
compaction, using ground covers compatible with growing trees, planting
early succession and commercially valuable tree species, and using
proper tree planting techniques.
DMME's first proposed revision occurs at 4 VAC 25-130-816 and
817.116(b)(3). DMME is proposing to modify this section to indicate
that for areas to be developed for fish and wildlife habitat,
recreation, shelter belts, or forest products, woody plants must
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be stocked at least equal to the rates specified in the approved
reclamation plan. Additionally, DMME is proposing to add a requirement
that in order to minimize competition with woody plants, herbaceous
ground cover should be limited to that necessary to control erosion and
support the postmining land use. Seed mixtures and seeding rates will
be specified in the approved reclamation plan. The proposed revisions
correspond to the Federal regulations at 30 CFR 816 and 817.116(b)(3)
that provide the standards for success of revegetation and are
essentially identical to the ground cover standards for areas where
trees will be planted that were adopted by OSM in the Tennessee Federal
Program on March 2, 2007 (72 FR 9616) and codified at 30 CFR 942.816
and 942.817.
With this new amendment, 4 VAC 25-130-816 and 817.116(b)(3) is
proposed to read as follows:
4 VAC 25-130-816.116(b)(3) and 817.116(b)(3). Revegetation;
standards for success.
(3) For areas to be developed for fish and wildlife habitat,
recreation, shelter belts, or forestry, the stocking of woody plants
must be at least equal to the rates specified in the approved
reclamation plan. To minimize competition with woody plants,
herbaceous ground cover should be limited to that necessary to
control erosion and support the postmining land use. Seed mixtures
and seeding rates will be specified in the approved reclamation
plan. Such parameters are described as follows:
* * * * *
DMME's second proposed revision occurs at 4 VAC 25-130-816 and
817.116(b)(3)(v)(C). DMME deleted ``products, success of vegetation
shall be determined on the basis of tree and shrub'' and added ``the
stocking of woody plants must be at least equal to the rates
specified in the approved reclamation plan. To minimize competition
with woody plants, herbaceous ground cover should be limited to that
necessary to control erosion and support the postmining land use.
Seed mixtures and seeding rates will be specified in the approved
reclamation plan. Such parameters are described as follows:''
With this new amendment, 4 VAC 25-130-816 and 817.116(b)(3)(v)(C)
is proposed to read as follows:
4 VAC 25-130-816.116(b)(3)(v)(C) and 817.116(b)(3)(v)(C).
Revegetation; standards for success.
(v) Where woody plants are used for wildlife management,
recreation, shelter belts, or forest uses other than commercial
forest land:
* * * * *
(C) Areas planted with a mixture of herbaceous and woody species
shall sustain a herbaceous vegetative ground cover in accordance
with guidance provided by the division and the approved forestry
reclamation plan and establish an average of 400 woody plants per
acre. At least 40 of the woody plants for each acre shall be
wildlife food-producing shrubs located suitably for wildlife
enhancement, which may be distributed or clustered on the area.
* * * * *
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Virginia program.
Written or Electronic Comments
Send your written or electronic comments to OSM at one of the
addresses given above. Your written comments should be specific,
pertain only to the issues proposed in this rulemaking, and include
explanations in support of your recommendations. We cannot ensure that
comments received after the close of the comment period (see DATES) or
sent to an address other than those listed above will be included in
the docket for this rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 30 CFR Part 946
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 16, 2007.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E7-24392 Filed 12-14-07; 8:45 am]
BILLING CODE 4310-05-P