[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Proposed Rules]
[Pages 39790-39791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19792]
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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 and
opportunity for a public hearing.
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SUMMARY: OSM is reopening the public comment period on certain parts 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 the amendments to the
definition of surface mining, special authorizations, fish and wildlife
as a postmining land use for mountaintop removal operations, removal of
abandoned coal refuse piles, remining, and no-cost reclamation. The
amendments are intended to revise the State program to be consistent
with the counterpart Federal provisions and to improve the
effectiveness of the West Virginia program.
DATES: Written comments must be received on or before 4:00 p.m. on
August 24, 1998. If requested, a public hearing on the proposed
amendments will be held at 1:00 p.m. on August 18, 1998. Requests to
present oral testimony at the hearing must be received on or before
4:00 p.m. on August 10, 1998.
ADDRESSES: 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 West Virginia program, the program amendments, 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 amendments that are the subject of this
notice 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
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, 048.15, 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 an amendment to its approved permanent regulatory program
pursuant to 30 CFR 732.17. Some revisions of the original amendments
were submitted by letter dated May 14, 1997 (Administrative Record
Number WV-1057). The amendment revises the West Virginia Surface Mining
Reclamation Regulations (CSR Section 38-2 et seq.), and Sec. 22-3 of
the West Virginia Surface Mining Code. The amendment concerns changes
to implement the standards of the Federal Energy Policy Act of 1992,
and other changes desired by the State.
During OSM's review of the proposed amendments the State submitted
a new amendment to its Surface Mining Reclamation Regulations at CSR
38-2 by letter dated may 11, 1998 (Administrative Record Number WV
1086). The public comment period on the new amendment is open until
July 15, 1998 (63 FR 32632; June 15, 1998). Certain of the proposed
regulations in the new amendment are intended to implement some of the
statutes which OSM is reviewing under the current amendment. Therefore,
OSM is reopening the public comment period on the specific statutes
identified below for which the State has recently submitted a new
amendment containing implementing regulations. In addition, OSM
received a request from a commenter that the public comment period be
reopened on the proposed amendments at Section 22-3-13(c)(3) concerning
the proposed addition of fish and wildlife habitat and recreation lands
as an approvable postmining land use for mountaintop removal
operations.
The Director is reopening the public comment period on the
following Sections:
22-3-3(u) concerning the definition of ``surface mine,'' ``surface
mining'' or ``surface mining operations;''
22-3-3(y) concerning the definition of ``lands eligible for
remining;''
22-3-13(b)(20) concerning the revegetation responsibility period
for lands eligible for remining;
22-3-13(c) concerning the proposed addition of fish and wildlife
habitat and recreation lands as an approvable postmining land use for
mountaintop removal operations; and
22-3-28 concerning special authorization for reclamation of
existing abandoned coal processing waste piles; coal extraction
pursuant to a government financed reclamation contract; coal extraction
as an incidental part of development of land for commercial,
residential, industrial, or civic uses; and no cost reclamation
contracts.
[[Page 39791]]
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now
seeking comments on the proposed amendments identified above. Comments
should address whether the amendments identified above satisfy the
applicable program approval criteria of 30 CFR 732.15. Commenters may
refer to the relevant proposed implementing regulations submitted by
the State on May 11, 1998, to support their comments. If the amendments
are deemed adequate, they will become part of the West Virginia
program.
Written Comments
Written comments should be specific, pertain only to the issues
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.
Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by the close of
business on August 10, 1998. If no one requests an opportunity to
testify at the public hearing by that date, the hearing will not be
held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate remarks and appropriate questions.
The public hearing will continue on the specific date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those schedules. The hearing will end after all persons
scheduled to testify and persons present in the audience who wish to
testify have been heard.
Public Meeting
If only one person or group requests to testify at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendments may request a meeting at the OSM Charleston Field Office
listed under ADDRESSES 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 in advance at the locations listed
under ADDRESSES. A written summary of each public meeting will be made
a part of 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: July 17, 1998.
Allen D. Klein,
Regional Director Appalachian Regional Coordinating Center.
[FR Doc. 98-19792 Filed 7-23-98; 8:45 am]
BILLING CODE 4310-05-M
