[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21399]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
West Virginia Program Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed Rule; Reopening and Extension of Public Comment
Period.
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SUMMARY: OSM is announcing the receipt of additional explanatory
information and revisions pertaining to a previously proposed amendment
(WV-074) 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 additional explanatory
information includes legal opinions, policy statements, and technical
evaluations concerning the definition of the term ``operator,'' acid
mine drainage treatment, durable rock fills, impoundments, coal
exploration, civil penalties and other matters. The additional
revisions pertain to program changes enacted by the West Virginia
Legislature with the passage of House Bill 4065. The amendment is
intended to improve operational efficiency and revise the West Virginia
program to be consistent with the corresponding Federal regulations and
SMCRA.
DATES: Written comments must be received on or before 4:00 p.m. on
September 30, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to James
C. Blankenship, 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. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Charleston Field Office.
James C. Blankenship, 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.
In addition, copies of the proposed amendments 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;
Office of Surface Mining Reclamation and Enforcement, Logan Area
Office, 313 Hudgins Street, 2nd Floor, P.O. Box 506, Logan, West
Virginia 25601, Telephone: (304) 752-2851.
FOR FURTHER INFORMATION CONTACT:
Mr. James C. Blankenship, Jr., 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 approval can be found in the January
21, 1981, Federal Register (46 FR 5915). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 948.10, 948.12, 948.13, 948.15, and 948.16.
II. Discussion of the Proposed Amendment
By letter dated June 28, 1993, the West Virginia Division of
Environmental Protection (WVDEP) submitted an amendment to its approved
permanent regulatory program (Administrative Record Nos. WV 888, WV
889, and WV 893). The amendment contains revisions to the West Virginia
Surface Coal Mining and Reclamation Act (WVSCMRA Sec. 22A-3-1 et seq.)
and the West Virginia Surface Mining Reclamation Regulations (CSR
Sec. 38-2-1 et seq.).
OSM announced receipt of the proposed amendment in the August 12,
1993, Federal Register (58 FR 42903) and invited public comment on its
adequacy. The public comment period closed on September 7, 1993.
By letter dated April 1, 1994, OSM informed the WVDEP of more than
100 probable deficiencies in the proposed amendment (Administrative
Record No. WV-916). The WVDEP and OSM held meetings on April 25, May 5,
June 20, and August 5, 1994, in an effort to resolve these issues.
During this time, WVDEP submitted to OSM technical studies, policy
statements, legal opinions and explanations in support of the
amendment. OSM provided WVDEP technical evaluations of the proposed
amendment completed by OSM's Eastern Support Center. These documents
and a summary of the meetings, including proposed resolutions of the
issues, have been added to the Administrative Record (see Record Nos.
WV-916 through 933) and are available for review at the addresses
listed above.
In order to resolve several issues, the WVDEP submitted as a
revision to the June 28, 1993, amendment, portions of House Bill 4065
which was passed by the West Virginia legislature on March 12, 1994
(Administrative Record No. WV 933). House Bill 4065 concerns the
establishment of the Division of Environmental Protection and the
Surface Mine Board, and revisions to the Abandoned Mine Lands Act and
Surface Coal Mining and Reclamation Act. It includes the following
articles in chapters 22 and 22B:
Sec. 22-1-4 through 8. These proposed revisions create the Office
of Mining and Reclamation within the Department of Environmental
Protection.
Sec. 22-2. These proposed revisions provide for the collection of
abandoned mine land reclamation fees until September 30, 2004. They
also represent WVDEP's response to required amendments at 30 CFR
948.26.
Sec. 22-3. These proposed revisions revise the funding criteria
under the Small Operator Assistance Program, clarify that surface
mining bonds are penal in nature and that, upon forfeiture, the entire
bond is forfeited, and clarify that no mining permits may be issued
when the applicant or the operator has a demonstrated pattern of
willful violations in West Virginia or of other State or Federal
programs implementing SMCRA.
Sec. 22B-1-4 through 12. These proposed revisions create the
Surface Mine Board and establish provisions under which it operates.
III. Public Comment Procedures
OSM is reopening the comment period on the West Virginia program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the revisions in
statutory language and documents that have been added to the
Administrative Record. In accordance with 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program 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 issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 23, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-21399 Filed 8-30-94; 8:45 am]
BILLING CODE 4310-05-M
