West Virginia Program Amendment

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]

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