[Federal Register: September 14, 2004 (Volume 69, Number 177)]
[Proposed Rules]
[Page 55375-55377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se04-19]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 946
[VA-121-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 on proposed amendments.
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SUMMARY: We are announcing receipt of a proposed amendment to the
Virginia regulatory program under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The program amendment
revises Virginia's Coal Surface Mining Reclamation Regulations
concerning performance bonds furnished pursuant to the Coal Surface
Mining Reclamation (Pool Bond) Fund. The amendment is intended to
conform the performance bond release procedures that are applied to
Virginia's ``alternative bonding system'' with bond release procedures
used for other performance bonds. The amendment is also intended to
clarify language regarding minimum bond amounts set for permits.
DATES: We will accept written comments on this amendment until 4 p.m.
(local time), on October 14, 2004. If requested, we will hold a public
hearing on the amendment on October 9, 2004. We will accept requests to
speak at hearing until 4 p.m. (local time), on September 29, 2004.
ADDRESSES: You may submit comments, identified by VA-121-FOR, by any of
the following methods:
E-mail: rpenn@osmre.gov. Include VA-121-FOR in the subject
line of the message.
Mail/Hand Delivery: 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.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading in the
SUPPLEMENTARY INFORMATION section of this document. You may also
request to speak at a public hearing by any of the methods listed above
or by contacting the individual listed under FOR FURTHER INFORMATION
CONTACT.
Docket: 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
OSM's Big Stone Gap Field Office.
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. E-mail: rpenn@osmre.gov.
Mr. Leslie S. Vincent, Virginia Division of Mined Land Reclamation,
P.O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (540) 523-
8100. E-mail: lsv@mme.state.va.us.
FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big
Stone Gap Field Office; Telephone: (540) 523-4303. Internet:
rpenn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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
[[Page 55376]]
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. Discussion of the Proposed Amendment
By letter dated July 20, 2004 (Administrative Record Number VA-
1036) the Virginia Department of Mines, Minerals and Energy (DMME)
submitted an amendment to the Virginia program. In its letter, the DMME
stated that Virginia is amending its regulations at 4 Virginia
Administrative Code (VAC) 25-130-801.17, to conform the performance
bond release procedures that are applied to bonds furnished pursuant to
the Coal Surface Mining Reclamation (Pool Bond) Fund, Virginia's
``alternative bonding system,'' with bond release procedures used for
other performance bonds. The DMME stated that the amendment will allow
use of a phased bond release for all permitted coal mine sites in
Virginia. The DMME stated that the amendment also clarifies language
regarding minimum bond amounts set for permits.
The Virginia regulations at 4 VAC 25-130 part 801 concern the Coal
Surface Mining Reclamation Fund, penalties, and self-bonding. The
proposed amendment revises 4 VAC 25-130-801.17, concerning bond release
application, and 4 VAC 25-130-801.18, concerning criteria for bond
release, as follows:
4 VAC 25-130-801.17
This provision is amended by adding and deleting language at 4 VAC
25-130-801.17(a), by deleting 4 VAC 25-130-801.17(a)(1) through (a)(3),
and by deleting 4 VAC 25-130-801.17(b) through (e). As amended, 4 VAC
25-130-801.17 provides as follows:
(a) The permittee participating in the Pool Bond Fund, or any
person authorized to act upon his behalf, may file an application with
the division [Division of Mined Land Reclamation] for the Phase I, II
or III release of the bond furnished in accordance with 4 VAC 25-130-
801.12(b) for the permit area or any applicable increment thereof. The
bond release application, the procedural requirements and the released
percentages shall be consistent with the release criteria of 4 VAC 25-
130-800.40. However, in no event shall the total bond of the permit be
less than the minimum amounts established pursuant to Section 45.1-241
and 45.1-270.3.B of the Virginia Coal Surface Mining Control and
Reclamation Act prior to completion of Phase III reclamation of the
entire permit area.
4 VAC 25-130-801.18
This provision is amended by adding and deleting language at 4 VAC
25-130-801.18(a) and (b), by deleting 4 VAC 25-130-801.18(c), and by
amending and re-codifying existing 4 VAC 25-130-801.18(d) as 4 VAC 25-
130-801.18(c). As amended, 4 VAC 25-130-801.18 provides as follows:
(a) The division shall release bond furnished in accordance with
Section 45.1-241 and 45.1-270.3 of the Virginia Coal Surface Mining
Control and Reclamation Act through the standards specified at 4 VAC
25-130-800.40 upon receipt of an application for Phase I, II or III
release.
(b) The division shall terminate jurisdiction for the permit area,
or any increment thereof upon approval of the Phase III bond release
for that area.
(c) In the event a forfeiture occurs the division may, after
utilizing the available bond monies, utilize the Fund as necessary to
complete reclamation liabilities for the permit 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 Comments
Send your written or electronic comments to OSM at the address
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 may not consider or respond to your
comments when developing the final rule if they are received after the
close of the comment period (see DATES). We will make every attempt to
log all comments into the administrative record, but comments delivered
to an address other than the Big Stone Gap Field Office may not be
logged in.
Electronic Comments
Please submit Internet comments as an ASCII, Word file avoiding the
use of special characters and any form of encryption. Please also
include ``Attn: SATS NO. VA-121-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Big Stone Gap Field
office at (540) 523-4303.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on
September 29, 2004. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person
[[Page 55377]]
listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be
open to the public and, if possible, we will post notices of meetings
at the locations listed under ADDRESSES. We will make a written summary
of each meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is our decision is on a State
regulatory program and does not involve a Federal regulation involving
Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 4, 2004.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 04-20661 Filed 9-13-04; 8:45 am]
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