[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Proposed Rules]
[Pages 68221-68222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32746]


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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.

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SUMMARY: OSM is reopening the public comment period on part 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 an amendment to allow 
fish and wildlife habitat and recreation lands as a postmining land use 
for mountaintop removal operations. 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 
January 15, 1999.

ADDRESSES: Written comments 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 amendment, 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 amendment that is the subject of this 
notice are available for inspection during regular

[[Page 68222]]

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, 948.15, 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 amendments to its approved permanent regulatory program 
pursuant to 30 CFR 732.17. Some revisions to the original amendment 
were submitted by letter dated May 14, 1997 (Administrative Record 
Number WV-1057). The amendments revise the West Virginia Surface Mining 
Reclamation Regulations (CSR Section 38-2 et seq.), and Section 22-3 of 
the West Virginia Surface Mining Code. The amendments concern changes 
to implement the standards of the Federal Energy Policy Act of 1992, 
and other changes desired by the State.
    Concurrent with the Director's review of the proposed amendments, 
OSM's Charleston Field Office conducted an evaluation and prepared an 
oversight report on portions of the West Virginia surface mining 
program. The oversight report is focused, in part, on postmining land 
uses pertaining to mountaintop removal operations. OSM will be 
requesting public comment on the oversight report, and expects that 
some of the comments received concerning the oversight report will 
address a proposed amendment at section 22-3-13(c)(3) of the West 
Virginia Surface Mining Code, concerning mountaintop removal 
operations. Therefore, OSM is reopening the public comment period on 
the specific proposed amendment identified below.
    Section 22-3-13(c)(3) of the West Virginia Surface Mining Code. 
This provision is amended to allow the approval of permits involving a 
variance from restoring approximate original contour (AOC) for 
mountaintop removal operations when the postmining land use includes 
fish and wildlife habitat and recreation lands.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendment identified above. Comments 
should address whether the amendment identified above 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.

Written 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 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: December 2, 1998.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-32746 Filed 12-9-98; 8:45 am]
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