West Virginia Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-075-FOR]

West Virginia Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed Rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: OSM is reopening the pubic comment period on 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 Surface Mining Reclamation

Regulations concerning topsoil substitutes. The amendment is intended

to improve the effectiveness of the West Virginia program.

DATES: Written comments must be received on or before 4:00 p.m. on July

31, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Mr. James C. Blankenship, Jr., 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 the OSM Charleston Field Office.

Mr. James C. Blankenship, Jr., 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

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 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, 948.15, and 948.16.

II. Discussion of the Proposed Amendment

By letter dated April 2, 1996 (Administrative Record Number WV-

1024), the West Virginia Division of Environmental Protection (WVDEP)

submitted an amendment to its approved permanent regulatory program

pursuant to 30 CFR 732.17. The amendment contains revisions to the West

Virginia Surface mining Reclamation Regulations (CSR Sec. 38-2-1 et

seq.). The proposed amendments were announced in the April 23, 1996,

Federal Register (61 FR 17859). However, a proposed amendment to

Sec. 38-2-14.3(c) concerning topsoil substitutes was inadvertently

omitted from that notice. Therefore, OSM is reopening the public

comment period only on the following proposed amendment.

Section 38-2-14.3(c)(2) is amended by adding the word

``reasonably'' immediately following the word ``best.'' As amended,

subsection (c)(2) reads as follows: ``The resulting soil medium is the

best reasonably available in the permit area to support vegetation;

and.''

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is now

seeking comments on the proposed amendment submitted by the State of

West Virginia to its permanent regulatory program. Specifically, OSM is

seeking comments on the revision to the State's regulations that was

submitted on April 2, 1996 (Administrative Record No. WV-1024), and is

identified above. 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.

Writen Comments

Written comments should be specific, pertain only to the issue

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.

IV. Procedural Determinations

Executive Order 12291

On July 12, 1984, the Office of Management and Budget (OMB) granted

OSM an exemption from sections 3, 4, 7 and 8 of Executive Order 12291

(Reduction of Regulatory Burden ) for actions related to approval or

conditional approval of State regulatory programs, actions and program

amendments. Therefore, preparation of a regulatory impact analysis is

not necessary, and OMB regulatory review is not required.

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

[[Page 37024]]

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 the Surface Mining Control and Reclamation Act (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 the Office of Management and Budget 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 8, 1996.

Tim L. Dieringer,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-17964 Filed 7-15-96; 8:45 am]

BILLING CODE 4310-05-M