[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Proposed Rules]
[Pages 39790-39791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19792]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-077-FOR]


West Virginia Permanent Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period and 
opportunity for a public hearing.

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SUMMARY: OSM is reopening the public comment period on certain parts of 
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 was submitted on April 28, 1997 (with revisions submitted on 
May 14, 1997) and amends both the West Virginia Surface Mining 
Reclamation Regulations and the West Virginia Surface Mining Code. The 
comment period is being reopened specifically on the amendments to the 
definition of surface mining, special authorizations, fish and wildlife 
as a postmining land use for mountaintop removal operations, removal of 
abandoned coal refuse piles, remining, and no-cost reclamation. The 
amendments are intended to revise the State program to be consistent 
with the counterpart Federal provisions and to improve the 
effectiveness of the West Virginia program.

DATES: Written comments must be received on or before 4:00 p.m. on 
August 24, 1998. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m. on August 18, 1998. Requests to 
present oral testimony at the hearing must be received on or before 
4:00 p.m. on August 10, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. Roger W. Calhoun, Director, 
Charleston Field Office at the address listed below.
    Copies of the West Virginia program, the program amendments, 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 changes by 
contacting the OSM Charleston Field Office.

Mr. Roger W. Calhoun, 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 amendments that are the subject of this 
notice 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. Roger W. Calhoun, 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, 048.15, and 948.16.

II. Discussion of the Proposed Amendment

    By letter dated April 28, 1997 (Administrative Record Number WV-
1056), the West Virginia Division of Environmental Protection (WVDEP) 
submitted an amendment to its approved permanent regulatory program 
pursuant to 30 CFR 732.17. Some revisions of the original amendments 
were submitted by letter dated May 14, 1997 (Administrative Record 
Number WV-1057). The amendment revises the West Virginia Surface Mining 
Reclamation Regulations (CSR Section 38-2 et seq.), and Sec. 22-3 of 
the West Virginia Surface Mining Code. The amendment concerns changes 
to implement the standards of the Federal Energy Policy Act of 1992, 
and other changes desired by the State.
    During OSM's review of the proposed amendments the State submitted 
a new amendment to its Surface Mining Reclamation Regulations at CSR 
38-2 by letter dated may 11, 1998 (Administrative Record Number WV 
1086). The public comment period on the new amendment is open until 
July 15, 1998 (63 FR 32632; June 15, 1998). Certain of the proposed 
regulations in the new amendment are intended to implement some of the 
statutes which OSM is reviewing under the current amendment. Therefore, 
OSM is reopening the public comment period on the specific statutes 
identified below for which the State has recently submitted a new 
amendment containing implementing regulations. In addition, OSM 
received a request from a commenter that the public comment period be 
reopened on the proposed amendments at Section 22-3-13(c)(3) concerning 
the proposed addition of fish and wildlife habitat and recreation lands 
as an approvable postmining land use for mountaintop removal 
operations.
    The Director is reopening the public comment period on the 
following Sections:
    22-3-3(u) concerning the definition of ``surface mine,'' ``surface 
mining'' or ``surface mining operations;''
    22-3-3(y) concerning the definition of ``lands eligible for 
remining;''
    22-3-13(b)(20) concerning the revegetation responsibility period 
for lands eligible for remining;
    22-3-13(c) concerning the proposed addition of fish and wildlife 
habitat and recreation lands as an approvable postmining land use for 
mountaintop removal operations; and
    22-3-28 concerning special authorization for reclamation of 
existing abandoned coal processing waste piles; coal extraction 
pursuant to a government financed reclamation contract; coal extraction 
as an incidental part of development of land for commercial, 
residential, industrial, or civic uses; and no cost reclamation 
contracts.

[[Page 39791]]

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendments identified above. Comments 
should address whether the amendments identified above satisfy the 
applicable program approval criteria of 30 CFR 732.15. Commenters may 
refer to the relevant proposed implementing regulations submitted by 
the State on May 11, 1998, to support their comments. If the amendments 
are deemed adequate, they will become part of the West Virginia 
program.

Written Comments

    Written comments should be specific, pertain only to the issues 
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.

Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by the close of 
business on August 10, 1998. If no one requests an opportunity to 
testify at the public hearing by that date, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate remarks and appropriate questions.
    The public hearing will continue on the specific date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those schedules. The hearing will end after all persons 
scheduled to testify and persons present in the audience who wish to 
testify have been heard.

Public Meeting

    If only one person or group requests to testify at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendments may request a meeting at the OSM Charleston Field Office 
listed under ADDRESSES by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    All such meetings will be open to the public and, if possible, 
notices of meetings will be posted in advance at the locations listed 
under ADDRESSES. A written summary of each public meeting will be made 
a part of 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 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 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 
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 17, 1998.
Allen D. Klein,
Regional Director Appalachian Regional Coordinating Center.
[FR Doc. 98-19792 Filed 7-23-98; 8:45 am]
BILLING CODE 4310-05-M