[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Proposed Rules]
[Pages 28771-28773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13335]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[WV-082-FOR]
West Virginia Permanent Regulatory Program
AGENCY:
Office of Surface Mining Reclamation and Enforcement (OSM) Interior.
ACTION: Proposed rule.
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SUMMARY: OSM is announcing receipt 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 revises the West Virginia
regulations concerning definitions of ``area mining operations'' and
``mountaintop mining operations;'' variances from approximate original
contour in steep slope areas; and emergency spillway designs. The
amendment is intended to improve the operational efficiency of the
State program, and to make the regulations consistent with the
counterpart Federal regulations.
DATES: Written comments must be received on or before 4:00 p.m. on June
28, 1999. If requested, a public hearing on the proposed amendments
will be held at 1:00 p.m. on June 21, 1999. Requests to present oral
testimony at the hearing must be received on or before 4:00 p.m. on
June 11, 1999.
ADDRESSES: Your written comments and requests to speak at the hearing
should be mailed or hand delivered to Mr. Roger W. Calhoun, Director,
Charleston Field Office at the address listed below.
Copies of the proposed amendment, the West Virginia program, 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. You may
receive one free copy of the proposed amendment 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 proposed amendment are available for
inspection 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.
Office of Surface Mining Reclamation and Enforcement, Beckley Area
Office, 323 Harper Park Drive, Suite 3, Beckley, West Virginia 25801,
Telephone: (304) 255-5265.
[[Page 28772]]
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 the approval in the
January 21, 1981, Federal Register (46 FR 5915-5956.) You can find
later actions concerning the West Virginia program and previous
amendments codified at 30 CFR 948.10, 948.12, 948.13, 948.15, and
948.16.
II. Discussion of the Proposed Amendment
By letter dated May 5, 1999 (Administrative Record Number WV-1127),
the West Virginia Division of Environmental Protection (WVDEP)
submitted an amendment to the West Virginia program pursuant to 30 CFR
732.17. The amendment concerns changes to the West Virginia regulations
made by the State legislature in House Bill 2533. In addition, the
WVDEP requested that OSM reconsider its disapproval of parts of CSR 38-
2-3.12 (concerning subsidence control plan) and 38-2-16.2 (concerning
subsidence control, surface owner protection) and remove the
corresponding required regulatory program amendments specified in the
February 9, 1999, Federal Register (64 FR 6201-6218) in light of the
April 27, 1999, United States Court of Appeals decision on Case No. 98-
5320.
The amendments submitted by the WVDEP are identified below.
1. CSR 38-2-2.11 Definition of ``Area Mining Operation.'' In this
new definition, ``Area Mining Operation'' is defined to mean a mining
operation where all disturbed areas are restored to approximate
original contour (AOC) unless the operation is located in steep slope
areas and a steep slope AOC variance in accordance with subsection
14.12 of this rule has been approved. An area mining operation may
remove all or part of coal seam(s) in the upper fraction of a mountain,
ridge, or bill. However, it is not classified as a mountaintop
operation for one or more of the following reasons:
2.11.a. The site may be restored to AOC; or
2.11.b. The entire coal seam may not be removed.
2. CSR 38-2-2.78 Definition of ``Mountaintop Mining Operation.'' In
this new definition, ``Mountaintop Mining Operation'' is defined to
mean a mining operation that removes an entire coal seam or seam(s) in
an upper fraction of a mountain, ridge, or hill and creating a level
plateau or a gently rolling contour with no highwalls. The approved
postmining land use must be in accordance with 22-3-13(c)(3).
3. CSR 38-2-3.12 Subsidence control plan.'' Subdivision 3.12.a.2.
is amended to change the words ``could contaminate, diminish or * * *''
to read ``could be contaminated, diminish or * * *.''
The second paragraph of subdivision 3.12.a.2. is amended by adding
the word ``building'' to read as follows: ``A survey of the condition
of all non-commercial building or residential * * *.''
Subdivision 3.12.a.2.B. is amended to change the words ``Non-
commercial building as used in this section means, other than * * *''
to read ``Non-commercial building as used in this section means any
building, other than * * *.''
4. CSR 38-2-3.32.b. Findings-permit issuance. In the third
paragraph, the name of the database ``Surface Mining Information
System'' is deleted and replaced by ``Environmental Resources
Information Network.''
5. CSR 38-2-2.35 Construction tolerance. This subsection is amended
by adding the title ``Construction Tolerance.''
6. CSR 38-2-14.12.a.1. Variance from approximate original contour
requirements. This provision is amended by adding the following
language: ``and the land after reclamation is suitable for industrial,
commercial, residential or public use (including recreational
facilities).'' As amended the provision reads as follows.
``The permit area is located on steep slopes as defined in
subdivision 14.8.a. of this rule and the land after reclamation is
suitable for industrial, commercial, residential or public use
(including recreational facilities).
7. CSR 38-2-16.2. Surface owner protection. Subdivision 38-2-
16.2.c. is amended by adding the word ``damage'' after the word
``Material'' at the beginning of the first sentence. In addition, the
words ``or facility'' are added after the word ``structure'' and before
the word ``from'' near the end of the first sentence.
Subdivision 38-2-16.2.c.3. is amended to delete the word ``occurs''
after the words ``subsidence damage'' and before the words ``to any.''
8. CSR 38-2-22.4.g. Primary and emergency spillway design. The
Subdivision is amended by changing the probable maximum precipitation
event for impoundments meeting the size or other criteria of 30 CFR
77.216(a) from a 24-hour storm event to a ``six (6)'' hour storm event.
III. Public Comment Procedures
We are seeking comments, in accordance with the provisions of 30
CFR 732.17(h), on the proposed amendment submitted by the State of West
Virginia by letter dated May 5, 1999. Your comments should address
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
Your written comments should be specific, pertain only to the
issues proposed in this notice and include explanations in support of
your 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.
Public Hearing
If you wish to comment at the public hearing, you should contact
the person listed above at FOR FURTHER INFORMATION CONTACT by close of
business on June 11, 1999. If no one requests an opportunity to comment
at a public hearing, the hearing will not be held.
If you file a written statement at the same time that you request a
hearing, the statement will greatly assist the person who will make a
transcript of the hearing.
The public hearing will continue on the specified date until all
persons scheduled to comment have been heard. Persons in the audience
who have not been scheduled to comment, and who wish to do so, will be
heard following those scheduled. The hearing will end after all persons
scheduled to comment and persons present in the audience who wish to
comment have been heard.
Public Meeting
If only one person requests an opportunity to comment at a hearing,
a public meeting, rather then a public hearing, may be held. Persons
wishing to meet with us to discuss the proposed amendments, may request
a meeting at the Charleston Field Office by contacting the person
listed above at FOR FURTHER INFORMATION CONTACT. All such meetings will
be open to the public and, if possible, notices of meetings will be
posted in advance at the locations
[[Page 28773]]
listed above at ADDRESSES. A written summary of each public meeting
will be made part of the Administrative Record.
If you are disabled and have need for a special accommodation to
attend a public hearing, please contact the person listed above at FOR
FURTHER INFORMATION CONTACT.
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
corresponding 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 determinations as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding 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
Intergovermnetal relations, Surface mining, Underground mining.
Dated: May 19, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc 99-13335 Filed 5-26-99; 8:45 am]
BILLING CODE 4310-05-M
