[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Proposed Rules]
[Pages 33032-33034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15499]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / 
Proposed Rules  

[[Page 33032]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-092-FOR]


West Virginia Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of a proposed amendment to the West 
Virginia regulatory program under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The program amendment consists of 
changes to the West Virginia Surface Coal Mining and Reclamation Act as 
contained in Senate Bill 603. The amendment concerns reclamation plan 
requirements and authorizes the submittal of a master land use plan for 
postmining land use. The amendment also revises the provisions 
concerning the Office of Coalfield Community Development. The amendment 
is intended to improve the effectiveness of the West Virginia program.

DATES: If you submit written comments, they must be received on or 
before 4:00 p.m. (local time), on July 20, 2001. If requested, a public 
hearing on the proposed amendments will be held at 1:00 p.m. (local 
time), on July 16, 2001. Requests to speak at the hearing must be 
received by 4:00 p.m. (local time), on July 5, 2001.

ADDRESSES: Mail or hand-deliver your written comments and requests to 
speak at the hearing to Mr. Roger W. Calhoun, Director, Charleston 
Field Office at the address listed below.
    You may review copies of the West Virginia program, the proposed 
amendment, a listing of any scheduled hearings, and all written 
comments received in response to this document at the addresses below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the proposed amendment by 
contacting OSM's 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. E-mail: 
[email protected].
West Virginia Department of Environmental Protection, 10 McJunkin Road, 
Nitro, West Virginia 25143, Telephone: (304) 759-0515. The proposed 
amendment will be posted at the Department's Internet page: http://www.dep.state.wv.us.

    In addition, you may review copies of the proposed amendment 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. (By Appointment Only)
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. You can find background information 
on the West Virginia program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the January 
21, 1981, Federal Register (46 FR 5915-5956). You can find later 
actions concerning the conditions of approval and program amendments at 
30 CFR 948.10, 948.12, 948.13, 948.15, and 948.16.

II. Discussion of the Proposed Amendment

    By letter dated May 21, 2001 (Administrative Record Number WV-
1217), the West Virginia Department of Environmental Protection (WVDEP) 
submitted an amendment to its program. The program amendment consists 
of changes to the West Virginia Surface Coal Mining and Reclamation Act 
as amended by Senate Bill 603. The amendment concerns reclamation plan 
requirements at section 22-3-10, and authorizes the submittal of a 
master land use plan for postmining land use. The amendment also 
revises the provisions concerning the Office of Coalfield Community 
Development at chapter 5B-2A sections 5 and 9. The amendment is 
intended to improve the effectiveness of the West Virginia program.
    You will find West Virginia's program amendment presented below.

W.Va. Code 22-3-10. Reclamation Plan Requirements

    The style of this section is amended in various locations by 
deleting the word ``such'' and by replacing that word with the word 
``the.'' In addition, at subsection (a)(14), the word ``Such'' is 
deleted and replaced by the word ``Any.'' As amended, subsection 
(a)(14) provides as follows: ``(14) Any other requirements as the 
director may prescribe by rule.''
    New subsection 22-3-10(b) is added, and existing subsection (b) is 
relettered as (c). New subsection (b) is added to read as follows.

    (b) Any surface mining permit application filed after the 
effective date of this subsection may contain, in addition to the 
requirements of subsection (a) of this section, a master land use 
plan, prepared in accordance with article two-a, chapter five-b of 
this code, as to the post-mining land use. A reclamation plan 
approved but not implemented may be amended to provide for a revised 
reclamation plan consistent with the provisions of this subsection.

W. Va. Code 5B-2A Office of Coalfield Community Development

    Section 5B-2A-5 is amended by deleting the words ``shall have and'' 
that appear in the first sentence, and by replacing those words with 
the words, ``has and may.'' In addition, section 5B-2A is amended by 
adding new paragraph (9) as follows:

    (9) On its own initiative or at the request of a community in 
close proximity to a mining operation, or a mining operation, offer 
assistance to facilitate the development of economic or community 
assets. Such

[[Page 33033]]

assistance may include the preparation of a master land use plan 
pursuant to the provisions of section nine of this article.

    Section 5B-2A-9 is amended by adding new subsection (f) as follows:

    (f) In addition to the coal field community development 
statement cited in subsection (a) of this section, the office may 
secure developable land and infrastructure for a development office 
or county through the preparation of a master land use plan for 
inclusion into a reclamation plan prepared pursuant to the 
provisions of section ten, article three, chapter twenty-two of this 
code. Participation in a master land use plan is voluntary.
    (1) State, local, county or regional development authorities may 
determine land and infrastructure needs within their jurisdictions 
through the development of a master land use plan which incorporates 
post-mining land use needs that include industrial uses, commercial 
uses, agricultural uses, public facility uses or recreational 
facility uses.
    (2) A master land use plan must be reviewed by the office of 
coalfield community development before the master land use plan can 
be approved.
    (3) The required infrastructure component standards needed to 
accomplish the designated post-mining land uses identified in 
subdivision one of this subsection shall be developed by the 
relevant state, local, county or regional development authority. The 
standards must be in place before the respective state, local, 
county or regional development authority can accept ownership of 
property donated pursuant to a master land use plan. Acceptance of 
ownership of such property by a state, local, county or regional 
development authority may not occur unless it is determined that: 
(a) The Property use is compatible with adjacent land uses; (b) the 
use satisfies the relevant development authority's anticipated need 
and market use; (c) the property has in place necessary 
infrastructure components needed to achieve the anticipated use; (d) 
the use is supported by all other appropriate public agencies; and 
(e) the use is feasible. Required infrastructure component standards 
require approval of the relevant county commission or commissions 
before such standards are accepted. County commission approval may 
be rendered only after a reasonable public comment period.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), we are 
seeking comments, on 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.

Written Comments

    If you submit written or electronic comments on the proposed 
amendment during the 30-day comment period, they should be specific, 
should be confined to issues pertinent to the notice, and should 
explain the reason for your recommendation(s). We may not be able to 
consider or include in the Administrative Record comments delivered to 
an address other than the one listed above (see ADDRESSES).

Electronic Comments

    Please submit Internet comments as an ASCII, Word Perfect, or Word 
file avoiding the use of special characters and any form of encryption. 
Please also include Attn: SPATS NO. WV-092-FOR'' and your name and 
return address in your Internet message. If you do not receive a 
confirmation that we have received your Internet message, contact the 
Charleston Field office at (304) 347-7158.

Availability of Comments

    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during our 
regular business hours at the OSM Administrative Record Room (see 
ADDRESSES). Individual respondents may request that we withhold their 
home address from the rulemaking record, which we will honor to the 
extent allowable by law. There also may be circumstances in which we 
would withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this prominently at the beginning of your comment. 
However, we will not consider anonymous comments. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Public Hearing

    If you wish to speak at the public hearing, you should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. (local 
time), on July 5, 2001. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who testifies at a public 
hearing provide us with a written copy of his or her testimony. The 
public hearing will continue on the specified date until all persons 
scheduled to speak have been heard. If you are in the audience and have 
not been scheduled to speak and wish to do so, you will be allowed to 
speak after those who have been scheduled. We will end the hearing 
after all persons scheduled to speak and persons present in the 
audience who wish to speak have been heard.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. If you wish 
to meet with OSM representatives to discuss the proposed amendment, you 
may request a meeting 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 at the locations listed 
under ADDRESSES. A written summary of each meeting will be made a part 
of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal regulation.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the federal and state governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that state 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that, to the 
extent allowed by law, this rule meets the

[[Page 33034]]

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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed state regulatory program provision does not 
constitute a major federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

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 regulation.

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.
    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 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: June 8, 2001.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 01-15499 Filed 6-19-01; 8:45 am]
BILLING CODE 4310-05-P