94-30177. Amendment to the List of Affected States Under Federal Coalbed Methane Recovery Regulations

[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30177]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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DEPARTMENT OF THE INTERIOR
[ES-930-05-1310-01-241A]

 

Amendment to the List of Affected States Under Federal Coalbed 
Methane Recovery Regulations

AGENCY: Bureau of Land Management, DOI.

ACTION: Removal of West Virginia from the List of Affected States.

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SUMMARY: The Energy Policy Act of 1992 (the Act) (P.L. 102-486) 
requires that the Secretary of the Interior (Secretary) administer a 
Federal program to regulate coalbed methane development has been 
impeded by disputes or uncertainty over ownership of coalbed methane 
gas. As required by the Act, the U.S. Department of the Interior, with 
the participation of the U.S. Department of Energy, developed a List of 
Affected States to which this program would apply (58 FR 21589, April 
22, 1993). The list of Affected States is currently comprised of the 
States of Illinois, Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, 
and West Virginia.
    The Governor of West Virginia, Honorable Gaston Caperton, has 
petitioned the Secretary of the U.S. Department of the Interior for 
removal from the list of Affected States. The Governor's petition 
states that West Virginia recently enacted a comprehensive program to 
regulate recovery and marketing of coalbed methane, and that a Federal 
coalbed methane program should not be implemented in the state.
    Section 1339 of the Act provides three mechanisms by which a state 
may be removed from the List of Affected States:
    1. A state may pass a law or resolution requesting removal;
    2. The governor of a state may petition for removal, but only after 
giving the legislature six months' notice, during a legislative 
session, of his intention to submit the petition; or
    3. The state legislature implements a law or regulation permitting 
and encouraging the development of coalbed methane.
    On March 4, 1994, the West Virginia legislature enacted H.B. 4371, 
creating new state law to regulate coalbed methane. The statute 
provides that it is the state's policy to ``Seek the deletion of the 
State of West Virginia from the List of Affected States by the 
Secretary of the U.S. Department of the Interior as provided in the 
Energy Policy Act of 1992.'' In light of the new statute, West Virginia 
now has a ``statutory * * * procedure * * * permitting and encouraging 
development of coalbed methane gas,'' in accordance with Public Law 
102-486 Section 1339 (b)(3).
    The U.S. Department of the Interior, in conjunction with the U.S. 
Department of energy, has reviewed the West Virginia coalbed methane 
recovery program codified as West Virginia Code Section 22-21-1, et 
seq. Since West Virginia's legislature has passed a state law 
requesting deletion under Section 1339 (b)(3) of the Act, and since it 
has been determined that the state law permits and encourages the 
development of coalbed methane, West Virginia is hereby removed from 
the List of Affected States.

FOR FURTHER INFORMATION CONTACT: Mr. David R. Stewart, chief, Branch of 
Resources Planning and Protection, Bureau of Land Management, Eastern 
States, 7450 Boston Boulevard, Springfield, Virginia 22153, or 
telephone [phone]; or Mr. Charles W. Byrer, U.S. Department of 
Energy, 3610 Collins Ferry Road, Morgantown, West Virginia 26507, or 
telephone [phone].

    Dated: November 23, 1994.
Carson W. Culp, Jr.,
State Director, Eastern States.
[FR Doc. 94-30177 Filed 12-7-94; 8:45 am]
BILLING CODE 4310-GJ-M