[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]
BILLING CODE 4310-05-P
