[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67637-67640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28441]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[SATS No. WV-118-FOR; Docket ID OSM-2011-0009]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule with public comment period and opportunity for
public hearing on proposed amendment.
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SUMMARY: We are announcing receipt of a proposed amendment to the West
Virginia permanent regulatory program under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). On May 2, 2011, the
West Virginia Department of Environmental Protection (WVDEP) submitted
a program amendment to OSM that includes both statutory and regulatory
revisions. That portion of the amendment dealing with changes to West
Virginia's Surface Mining Reclamation Regulations is the subject of
this notice.
DATES: We will accept written comments on this amendment until
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4 p.m. EDT, on December 2, 2011. If requested, we will hold a public
hearing on the amendment on November 28, 2011. We will accept requests
to speak until 4 p.m. EDT, on November 17, 2011.
ADDRESSES: You may submit comments by any of the following two methods:
Federal eRulemaking Portal: http://www.regulations.gov.
The proposed rule has been assigned Docket ID OSM-2011-0009. If you
would like to submit comments through the Federal eRulemaking Portal,
go to http://www.regulations.gov and follow the instructions.
Mail/hand Delivery: Mr. Roger W. Calhoun, Director,
Charleston Field Office, Office of Surface Mining Reclamation and
Enforcement, 1027 Virginia Street, East, Charleston, West Virginia
25301.
Please include the rule identifier (WV-118-FOR) with your written
comments.
Instructions: All submissions received must include the agency
Docket ID (OSM-2011-0009) for this rulemaking. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see ``IV. Public Comment Procedures'' in the
SUPPLEMENTARY INFORMATION section of this document. You may also
request to speak at a public hearing by any of the methods listed above
or by contacting the individual listed under FOR FURTHER INFORMATION
CONTACT.
Docket: The proposed rule and any comments that are submitted may
be viewed over the internet at http://www.regulations.gov. Look for
Docket ID OSM-2011-0009. In addition, you may review copies of the West
Virginia program, this amendment, a listing of any scheduled public
hearings, and all written comments received in response to this
document at the addresses listed below during normal business hours,
Monday through Friday, excluding holidays. You may also receive one
free copy of this amendment by contacting OSM's Charleston Field Office
listed below.
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, Email:
[email protected].
West Virginia Department of Environmental Protection, 601 57th Street,
SE., Charleston, West Virginia 25304, Telephone: (304) 926-0490.
In addition, you may review a copy of the amendment during regular
business hours at the following locations:
Morgantown Area Office, Office of Surface Mining Reclamation and
Enforcement, 604 Cheat Road, Suite 150, Morgantown, West Virginia
26508, Telephone: (304) 291-4004. (By Appointment Only).
Beckley Area Office, Office of Surface Mining Reclamation and
Enforcement, 313 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. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Description of the Amendment
III. Description of West Virginia's Proposed Action
IV. Public Comment Procedures
V. Procedural Determinations
I. Background on the West Virginia Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the West Virginia program on January 21, 1981.
You can find background information on the West Virginia program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the West Virginia program in the January 21,
1981, Federal Register (46 FR 5915). You can also find later actions
concerning West Virginia's program and program amendments at 30 CFR
948.10, 948.12, 948.13, 948.15, and 948.16.
II. Description and Submission of the Amendment
By letter dated April 25, 2011, and received by OSM on May 2, 2011
(Administrative Record Number WV-1561), the WVDEP submitted an
amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The
proposed amendment consists of both statutory and regulatory revisions.
However, this notice only addresses that portion of the amendment that
concerns revisions to West Virginia's Surface Mining Reclamation
Regulations at Code of State Regulations (CSR) Title 38, Series 2.
Enrolled Committee Substitute for Senate Bill No. 121 (SB 121)
passed the West Virginia Legislature on March 18, 2011, and was signed
by the Governor on March 30, 2011. SB 121 authorized WVDEP to
promulgate several revisions to its Surface Mining Reclamation
Regulations. SB 121 authorizes regulatory revisions which codifies an
Emergency Rule filed on December 2009 which relates to trust funds and
annuities; clarifies the format and information necessary for complete
application submittal and clarification on the renewal process to take
into account WVDEP's electronic permit filing processes; modifies the
provision that an approved person must be capable and maintain the
capability of submitting maps, plans and all other technical data in an
electronic format proscribed by the Secretary; modifies the provision
that pre-subsidence surveys shall be confidential and only used for
evaluating damage relating to subsidence; clarifies that bonding for a
permit in inactive status shall remain in effect for the life of the
operation; and modifies the provision that the Secretary shall provide
email notice of the issuance of a show cause order to members of the
public who have subscribed to the Secretary's email notification
service and otherwise provide notice to any person whose citizen
complaint has resulted in the issuance of any violation that led to the
issuance of a show cause order.
III. Description of West Virginia's Proposed Action
1. Permit Application Requirements--CSR 38-2-3.1.c.4
The State proposes adding the words ``if available'' before ``MSHA
number'' to require the submission of the MSHA number by the applicant
if it is available. This proposed State revision falls under the
Federal provisions at 30 CFR 778.12(c) and sections 507, 508, 510, and
515 of SMCRA.
2. Permit Application Requirements--CSR 38-2-3.1.d
The State is proposing to add the language ``either in the
application or in an electronic database accessible to the agency which
has been updated within three months of submittal'' after the word
``List'' to indicate the kinds of ownership or control information that
is to be included in the permit application. This proposed State
revision falls under the Federal provisions at 30 CFR 778.12 and
sections 507, 508, 510, and 515 of SMCRA.
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3. Permit Application Requirements--CSR 38-2-3.1.k
The State is proposing to add the language ``either in the
application or in an electronic database accessible to the agency which
has been updated within three months of submittal'' after ``List'' to
indicate the kinds of violation information that is to be included in
the permit application. This proposed State revision falls under the
Federal provisions at 30 CFR 778.12 and 778.14 and sections 507, 508,
510, and 515 of SMCRA.
4. Advertisement of Permit--CSR 38-2-3.2.a
The State is proposing to add the word ``technically'' and removing
the word ``administratively'' before ``complete'' to indicate that a
permit application must be technically complete, not administratively
complete, to begin the advertisement. This proposed State revision
falls under the Federal provisions at 30 CFR 773.6 and sections 506,
507, and 513 of SMCRA.
5. Maps for Permit--CSR 38-2-3.4.b
The State is proposing to add the language ``in a format proscribed
by the Secretary and either be'' on paper 30 by 42 inches after the
word ``submitted'' and ``or, if electronic, be capable of being printed
on paper of this size.'' after the word ``less'' to allow for the
submission of paper or electronic maps in a format prescribed by the
Secretary. This proposed State revision falls under the Federal
provisions at 30 CFR 779.24 and 783.24 and sections 506 and 507 of
SMCRA.
6. Subsidence Control Plan--CSR 38-2-3.12.a.2.B
The State is proposing to add new language in this subsection that
will provide ``All surveys'' of the condition of all non-commercial
buildings or residential dwellings and structures related thereto
``shall be confidential and only used for evaluating damage relating to
subsidence. The Secretary shall develop a procedure for assuring
surveys shall remain confidential.'' This proposed State revision falls
under the Federal provisions at 30 CFR 784.20 and sections 507(a),
508(a), 510(b), 515(b), and 516 of SMCRA.
7. Certifications by Professional Surveyors--CSR 38-2-3.15.a; 3.15.b.1;
4.2.a.7; 4.10.a.1; 4.12; 5.4.d.2; 5.4.d.3; 5.4.e.1; 5.4.e.3; 7.5.b.11;
7.5.g.1.A; 7.5.g.2.A
Throughout the regulations the words ``licensed land'' have been
deleted and the word ``professional'' added before ``surveyor'' to
clarify that surveyors certified and licensed in West Virginia are
considered to be professional surveyors. The proposed State revisions
fall under the Federal provisions at 30 CFR 780.14(c), 780.25, 780.37,
784.23, 784.16, 784.24, 816/817.46(b), 816/817.49(a)(11), and 816/
817.151 and sections 507(b)(14) and 515(b)(10)(B)(ii) of SMCRA.
8. Approved Persons--CSR 38-2-3.15.b.3
The State is proposing to add new language at the end of the
paragraph to read: ``Furthermore, any person seeking an approval must
be capable and maintain the capability of submitting maps, plans and
all other technical data in an electronic format proscribed by the
Secretary.'' Although there are no specific Federal requirements
governing approved persons, these proposed revisions fall under the
provisions at 30 CFR 780.14(c) and sections 507(b)(14) and
515(b)(10)(B)(ii) of SMCRA.
9. Bonding: Trust Fund or Annuity--CSR 38-2-11.3.f
All of subsection 11.3.f is new and can be viewed in its entirety
at http://www.regulations.gov. Under the proposed rule, a permittee,
with the approval of the Secretary, may establish a trust fund, annuity
or both to guarantee treatment of long-term postmining pollutional
discharges in lieu of posting a bond. The trust fund or annuity will be
subject to certain conditions. The proposed revisions fall under the
Federal provisions at 30 CFR 800.4, 800.11, 800.13, 800.14, 800.16, and
800.17, and sections 509 and 519 of SMCRA.
10. Inactive Status Procedures--CSR 38-2-14.11.h
Under the proposed rule, the Secretary may grant inactive status
for a term longer than those set forth currently in (e), (f), and now
(g). This will allow the Secretary to grant inactive status for coal
refuse sites to exceed a period of 10 years. New language is also being
added to provide that ``Bonding in this manner shall remain in effect
for the life of the operation.'' This will require the permittee of an
operation that receives inactive status approval to furnish and
maintain a full-cost reclamation bond for the life of the operation.
These proposed revisions fall under the Federal provisions at 30 CFR
816 and 817.131 and sections 509, 510, and 515 of SMCRA.
11. Show Cause Orders--CSR 38-2-20.4.a
The State is proposing to add new language to provide that ``The
Secretary shall provide email notice of the issuance of a show cause
order to members of the public who have subscribed to the Secretary's
email notification service and otherwise provide notice to any person
whose citizen's complaint has resulted in the issuance of any violation
that led to the issuance of the show cause order.'' This is to ensure
that citizens who subscribe to the Secretary's email notification
system get notified of all show cause orders, and any citizen whose
complaint resulted in an enforcement action that led to a show cause
notice is also notified. These proposed revisions fall under the
Federal provisions at 30 CFR 843.14 and sections 521, 525, and 526 of
SMCRA.
IV. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the West Virginia program.
Written Comments
Send your written comments to OSM at one of the addresses given
above. Your written comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. We may not consider or respond to your
comments when developing the final rule if they are received after the
close of the comment period (see DATES) or sent to an address other
than those listed above (see ADDRESSES).
Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on
November 17, 2011. If you are disabled and need special accommodations
to attend a
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public hearing, contact the person listed under FOR FURTHER INFORMATION
CONTACT. We will arrange the location and time of the hearing with
those persons requesting the hearing. If no one requests an opportunity
to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If there is limited interest in participation in a public hearing,
we may hold a public meeting rather than a public hearing. If you wish
to meet with us to discuss the amendment, please 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, we will post
notices of meetings at the locations listed under ADDRESSES. We will
make a written summary of each meeting a part of the Administrative
Record.
V. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 27, 2011.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2011-28441 Filed 11-1-11; 8:45 am]
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