[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21399]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

 

West Virginia Program Amendment

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment 
Period.

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SUMMARY: OSM is announcing the receipt of additional explanatory 
information and revisions pertaining to a previously proposed amendment 
(WV-074) to the West Virginia permanent regulatory program (hereinafter 
referred to as the West Virginia program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The additional explanatory 
information includes legal opinions, policy statements, and technical 
evaluations concerning the definition of the term ``operator,'' acid 
mine drainage treatment, durable rock fills, impoundments, coal 
exploration, civil penalties and other matters. The additional 
revisions pertain to program changes enacted by the West Virginia 
Legislature with the passage of House Bill 4065. The amendment is 
intended to improve operational efficiency and revise the West Virginia 
program to be consistent with the corresponding Federal regulations and 
SMCRA.

DATES: Written comments must be received on or before 4:00 p.m. on 
September 30, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to James 
C. Blankenship, Director, Charleston Field Office at the address listed 
below.
    Copies of the proposed amendment, the West Virginia program, and 
the administrative record on the West Virginia program are available 
for public review and copying at the addresses below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Charleston Field Office.

James C. Blankenship, Director, Charleston Field Office, Office of 
Surface Mining Reclamation and Enforcement, 1027 Virginia Street East, 
Charleston, West Virginia 25301, Telephone: (304) 347-7158.
West Virginia Division of Environmental Protection, 10 McJunkin Road, 
Nitro, West Virginia 25143.

    In addition, copies of the proposed amendments are available for 
inspection during regular business hours at the following locations:

Office of Surface Mining Reclamation and Enforcement, Morgantown Area 
Office, 75 High Street, Room 229, P.O. Box 886, Morgantown, West 
Virginia 26507, Telephone: (304) 291-4004;
Office of Surface Mining Reclamation and Enforcement, Beckley Area 
Office, 323 Harper Park Drive, Suite 3, Beckley, West Virginia 25801, 
Telephone: (304) 255-5265;
Office of Surface Mining Reclamation and Enforcement, Logan Area 
Office, 313 Hudgins Street, 2nd Floor, P.O. Box 506, Logan, West 
Virginia 25601, Telephone: (304) 752-2851.

FOR FURTHER INFORMATION CONTACT:
Mr. James C. Blankenship, Jr., Director, Charleston Field Office; 
Telephone: (304) 347-7158.

SUPPLEMENTARY INFORMATION: 

I. Background on the West Virginia Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the West Virginia program. Background information on the West 
Virginia program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval can be found in the January 
21, 1981, Federal Register (46 FR 5915). Subsequent actions concerning 
the conditions of approval and program amendments can be found at 30 
CFR 948.10, 948.12, 948.13, 948.15, and 948.16.

II. Discussion of the Proposed Amendment

    By letter dated June 28, 1993, the West Virginia Division of 
Environmental Protection (WVDEP) submitted an amendment to its approved 
permanent regulatory program (Administrative Record Nos. WV 888, WV 
889, and WV 893). The amendment contains revisions to the West Virginia 
Surface Coal Mining and Reclamation Act (WVSCMRA Sec. 22A-3-1 et seq.) 
and the West Virginia Surface Mining Reclamation Regulations (CSR 
Sec. 38-2-1 et seq.).
    OSM announced receipt of the proposed amendment in the August 12, 
1993, Federal Register (58 FR 42903) and invited public comment on its 
adequacy. The public comment period closed on September 7, 1993.
    By letter dated April 1, 1994, OSM informed the WVDEP of more than 
100 probable deficiencies in the proposed amendment (Administrative 
Record No. WV-916). The WVDEP and OSM held meetings on April 25, May 5, 
June 20, and August 5, 1994, in an effort to resolve these issues. 
During this time, WVDEP submitted to OSM technical studies, policy 
statements, legal opinions and explanations in support of the 
amendment. OSM provided WVDEP technical evaluations of the proposed 
amendment completed by OSM's Eastern Support Center. These documents 
and a summary of the meetings, including proposed resolutions of the 
issues, have been added to the Administrative Record (see Record Nos. 
WV-916 through 933) and are available for review at the addresses 
listed above.
    In order to resolve several issues, the WVDEP submitted as a 
revision to the June 28, 1993, amendment, portions of House Bill 4065 
which was passed by the West Virginia legislature on March 12, 1994 
(Administrative Record No. WV 933). House Bill 4065 concerns the 
establishment of the Division of Environmental Protection and the 
Surface Mine Board, and revisions to the Abandoned Mine Lands Act and 
Surface Coal Mining and Reclamation Act. It includes the following 
articles in chapters 22 and 22B:
    Sec. 22-1-4 through 8. These proposed revisions create the Office 
of Mining and Reclamation within the Department of Environmental 
Protection.
    Sec. 22-2. These proposed revisions provide for the collection of 
abandoned mine land reclamation fees until September 30, 2004. They 
also represent WVDEP's response to required amendments at 30 CFR 
948.26.
    Sec. 22-3. These proposed revisions revise the funding criteria 
under the Small Operator Assistance Program, clarify that surface 
mining bonds are penal in nature and that, upon forfeiture, the entire 
bond is forfeited, and clarify that no mining permits may be issued 
when the applicant or the operator has a demonstrated pattern of 
willful violations in West Virginia or of other State or Federal 
programs implementing SMCRA.
    Sec. 22B-1-4 through 12. These proposed revisions create the 
Surface Mine Board and establish provisions under which it operates.

III. Public Comment Procedures

    OSM is reopening the comment period on the West Virginia program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the revisions in 
statutory language and documents that have been added to the 
Administrative Record. In accordance with 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program criteria of 30 CFR 732.15. If the amendment is 
deemed adequate, it will become part of the West 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 Charleston Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 
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 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 23, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-21399 Filed 8-30-94; 8:45 am]
BILLING CODE 4310-05-M