[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17964]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-075-FOR]


West Virginia Permanent Regulatory Program

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

ACTION: Proposed Rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: OSM is reopening the pubic comment period on a proposed 
amendment 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 
amendment revises the West Virginia Surface Mining Reclamation 
Regulations concerning topsoil substitutes. The amendment is intended 
to improve the effectiveness of the West Virginia program.

DATES: Written comments must be received on or before 4:00 p.m. on July 
31, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. James C. Blankenship, Jr., 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 the OSM Charleston Field Office.

Mr. James C. Blankenship, Jr., 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, Telephone: (304) 759-0515

    In addition, copies of the proposed amendment 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

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 the approval can be found in the 
January 21, 1981, Federal Register (46 FR 5915-5956). Subsequent 
actions concerning the West Virginia program and previous amendments 
are codified at 30 CFR 948.10, 948.12, 948.13, 948.15, and 948.16.

II. Discussion of the Proposed Amendment

    By letter dated April 2, 1996 (Administrative Record Number WV-
1024), the West Virginia Division of Environmental Protection (WVDEP) 
submitted an amendment to its approved permanent regulatory program 
pursuant to 30 CFR 732.17. The amendment contains revisions to the West 
Virginia Surface mining Reclamation Regulations (CSR Sec. 38-2-1 et 
seq.). The proposed amendments were announced in the April 23, 1996, 
Federal Register (61 FR 17859). However, a proposed amendment to 
Sec. 38-2-14.3(c) concerning topsoil substitutes was inadvertently 
omitted from that notice. Therefore, OSM is reopening the public 
comment period only on the following proposed amendment.
    Section 38-2-14.3(c)(2) is amended by adding the word 
``reasonably'' immediately following the word ``best.'' As amended, 
subsection (c)(2) reads as follows: ``The resulting soil medium is the 
best reasonably available in the permit area to support vegetation; 
and.''

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendment submitted by the State of 
West Virginia to its permanent regulatory program. Specifically, OSM is 
seeking comments on the revision to the State's regulations that was 
submitted on April 2, 1996 (Administrative Record No. WV-1024), and is 
identified above. Comments should address whether the proposed 
amendment satisfies the applicable program approval criteria of 30 CFR 
732.15. If the amendment is deemed adequate, it will become part of the 
West Virginia program.

Writen Comments

    Written comments should be specific, pertain only to the issue 
proposed in this notice and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under dates or at locations other than the OSM Charleston Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

IV. Procedural Determinations

Executive Order 12291

    On July 12, 1984, the Office of Management and Budget (OMB) granted 
OSM an exemption from sections 3, 4, 7 and 8 of Executive Order 12291 
(Reduction of Regulatory Burden ) for actions related to approval or 
conditional approval of State regulatory programs, actions and program 
amendments. Therefore, preparation of a regulatory impact analysis is 
not necessary, and OMB regulatory review is not required.

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

[[Page 37024]]

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 the Surface Mining Control and Reclamation Act (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 the Office of Management and Budget 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 
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. 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 counterpart 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 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 8, 1996.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-17964 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-05-M