Virginia Regulatory Program, 71295-71297 [E7-24392]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
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 Federallyrecognized 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.
This determination is based on the fact
that the Texas program does not regulate
coal exploration and surface coal
mining and reclamation operations on
Indian lands. Therefore, the Texas
program has no effect on Federallyrecognized Indian tribes.
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.
ebenthall on PROD1PC69 with PROPOSALS
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
VerDate Aug<31>2005
15:26 Dec 14, 2007
Jkt 214001
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 fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
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 fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 9, 2007.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E7–24393 Filed 12–14–07; 8:45 am]
BILLING CODE 4310–05–P
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
71295
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
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of
public comment period.
AGENCY:
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: https://
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 dropdown 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,
E:\FR\FM\17DEP1.SGM
17DEP1
71296
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
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:
ebandy@osmre.gov.
Mr. Gavin Bledsoe, Virginia Division
of Mined Land Reclamation, P. O.
Drawer 900, Big Stone Gap, Virginia
24219, Telephone: (276) 523–8100. Email: gavin.bledsoe@dmme.virginia.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Earl Bandy, Director, Knoxville Field
Office; Telephone: (276) 523–4303. Email: ebandy@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Virginia Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
ebenthall on PROD1PC69 with PROPOSALS
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
VerDate Aug<31>2005
15:26 Dec 14, 2007
Jkt 214001
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%.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
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:’’
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]
ebenthall on PROD1PC69 with PROPOSALS
With this new amendment, 4 VAC
25–130–816 and 817.116(b)(3)(v)(C) is
proposed to read as follows:
BILLING CODE 4310–05–P
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:
ENVIRONMENTAL PROTECTION
AGENCY
*
*
*
*
*
(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
VerDate Aug<31>2005
15:26 Dec 14, 2007
Jkt 214001
40 CFR Part 52
[EPA–R07–OAR–2007–1128; FRL–8506–9]
Approval and Promulgation of
Implementation Plans; Nebraska;
Interstate Transport of Pollution
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
71297
SUMMARY: EPA is proposing a revision to
the Nebraska State Implementation Plan
(SIP) for the purpose of approving the
Nebraska Department of Environmental
Quality’s (NDEQ) actions to address the
‘‘good neighbor’’ provisions of the Clean
Air Act Section 110(a)(2)(D)(i). These
provisions require each state to submit
a SIP that prohibits emissions that
adversely affect another state’s air
quality through interstate transport.
NDEQ has adequately addressed the
four distinct elements related to the
impact of interstate transport of air
pollutants. These include prohibiting
significant contribution to downwind
nonattainment of the National Ambient
Air Quality Standards (NAAQS),
interference with maintenance of the
NAAQS, interference with plans in
another state to prevent significant
deterioration of air quality, and efforts
of other states to protect visibility. The
requirements for public notification
were also met by NDEQ.
DATES: Comments on this proposed
action must be received in writing by
January 16, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2007–1128 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: jay.michael@epa.gov.
3. Mail: Michael Jay, Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
4. Hand Delivery or Courier. Deliver
your comments to Michael Jay,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8 to 4:30,
excluding legal holidays.
Please see the direct final rule that is
located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Michael Jay at (913) 551–7460, or by email at jay.michael@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of the Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
E:\FR\FM\17DEP1.SGM
17DEP1
]]>Agencies
[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71295-71297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24392]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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,
[[Page 71296]]
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: ebandy@osmre.gov.
Mr. Gavin Bledsoe, Virginia Division of Mined Land Reclamation, P.
O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-
8100. E-mail: gavin.bledsoe@dmme.virginia.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Earl Bandy, Director, Knoxville
Field Office; Telephone: (276) 523-4303. E-mail: ebandy@osmre.gov.
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
[[Page 71297]]
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
