[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Proposed Rules]
[Pages 33032-33034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15499]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 /
Proposed Rules
[[Page 33032]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[WV-092-FOR]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of a proposed amendment to the West
Virginia regulatory program under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The program amendment consists of
changes to the West Virginia Surface Coal Mining and Reclamation Act as
contained in Senate Bill 603. The amendment concerns reclamation plan
requirements and authorizes the submittal of a master land use plan for
postmining land use. The amendment also revises the provisions
concerning the Office of Coalfield Community Development. The amendment
is intended to improve the effectiveness of the West Virginia program.
DATES: If you submit written comments, they must be received on or
before 4:00 p.m. (local time), on July 20, 2001. If requested, a public
hearing on the proposed amendments will be held at 1:00 p.m. (local
time), on July 16, 2001. Requests to speak at the hearing must be
received by 4:00 p.m. (local time), on July 5, 2001.
ADDRESSES: Mail or hand-deliver your written comments and requests to
speak at the hearing to Mr. Roger W. Calhoun, Director, Charleston
Field Office at the address listed below.
You may review copies of the West Virginia program, the proposed
amendment, a listing of any scheduled hearings, and all written
comments received in response to this document 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 OSM's 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. E-mail:
[email protected].
West Virginia Department of Environmental Protection, 10 McJunkin Road,
Nitro, West Virginia 25143, Telephone: (304) 759-0515. The proposed
amendment will be posted at the Department's Internet page: http://www.dep.state.wv.us.
In addition, you may review copies of the proposed amendment 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. (By Appointment Only)
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. You can find background information
on the West Virginia program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the January
21, 1981, Federal Register (46 FR 5915-5956). You can find later
actions concerning the conditions of approval and program amendments at
30 CFR 948.10, 948.12, 948.13, 948.15, and 948.16.
II. Discussion of the Proposed Amendment
By letter dated May 21, 2001 (Administrative Record Number WV-
1217), the West Virginia Department of Environmental Protection (WVDEP)
submitted an amendment to its program. The program amendment consists
of changes to the West Virginia Surface Coal Mining and Reclamation Act
as amended by Senate Bill 603. The amendment concerns reclamation plan
requirements at section 22-3-10, and authorizes the submittal of a
master land use plan for postmining land use. The amendment also
revises the provisions concerning the Office of Coalfield Community
Development at chapter 5B-2A sections 5 and 9. The amendment is
intended to improve the effectiveness of the West Virginia program.
You will find West Virginia's program amendment presented below.
W.Va. Code 22-3-10. Reclamation Plan Requirements
The style of this section is amended in various locations by
deleting the word ``such'' and by replacing that word with the word
``the.'' In addition, at subsection (a)(14), the word ``Such'' is
deleted and replaced by the word ``Any.'' As amended, subsection
(a)(14) provides as follows: ``(14) Any other requirements as the
director may prescribe by rule.''
New subsection 22-3-10(b) is added, and existing subsection (b) is
relettered as (c). New subsection (b) is added to read as follows.
(b) Any surface mining permit application filed after the
effective date of this subsection may contain, in addition to the
requirements of subsection (a) of this section, a master land use
plan, prepared in accordance with article two-a, chapter five-b of
this code, as to the post-mining land use. A reclamation plan
approved but not implemented may be amended to provide for a revised
reclamation plan consistent with the provisions of this subsection.
W. Va. Code 5B-2A Office of Coalfield Community Development
Section 5B-2A-5 is amended by deleting the words ``shall have and''
that appear in the first sentence, and by replacing those words with
the words, ``has and may.'' In addition, section 5B-2A is amended by
adding new paragraph (9) as follows:
(9) On its own initiative or at the request of a community in
close proximity to a mining operation, or a mining operation, offer
assistance to facilitate the development of economic or community
assets. Such
[[Page 33033]]
assistance may include the preparation of a master land use plan
pursuant to the provisions of section nine of this article.
Section 5B-2A-9 is amended by adding new subsection (f) as follows:
(f) In addition to the coal field community development
statement cited in subsection (a) of this section, the office may
secure developable land and infrastructure for a development office
or county through the preparation of a master land use plan for
inclusion into a reclamation plan prepared pursuant to the
provisions of section ten, article three, chapter twenty-two of this
code. Participation in a master land use plan is voluntary.
(1) State, local, county or regional development authorities may
determine land and infrastructure needs within their jurisdictions
through the development of a master land use plan which incorporates
post-mining land use needs that include industrial uses, commercial
uses, agricultural uses, public facility uses or recreational
facility uses.
(2) A master land use plan must be reviewed by the office of
coalfield community development before the master land use plan can
be approved.
(3) The required infrastructure component standards needed to
accomplish the designated post-mining land uses identified in
subdivision one of this subsection shall be developed by the
relevant state, local, county or regional development authority. The
standards must be in place before the respective state, local,
county or regional development authority can accept ownership of
property donated pursuant to a master land use plan. Acceptance of
ownership of such property by a state, local, county or regional
development authority may not occur unless it is determined that:
(a) The Property use is compatible with adjacent land uses; (b) the
use satisfies the relevant development authority's anticipated need
and market use; (c) the property has in place necessary
infrastructure components needed to achieve the anticipated use; (d)
the use is supported by all other appropriate public agencies; and
(e) the use is feasible. Required infrastructure component standards
require approval of the relevant county commission or commissions
before such standards are accepted. County commission approval may
be rendered only after a reasonable public comment period.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), we are
seeking comments, on 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
If you submit written or electronic comments on the proposed
amendment during the 30-day comment period, they should be specific,
should be confined to issues pertinent to the notice, and should
explain the reason for your recommendation(s). We may not be able to
consider or include in the Administrative Record comments delivered to
an address other than the one listed above (see ADDRESSES).
Electronic Comments
Please submit Internet comments as an ASCII, Word Perfect, or Word
file avoiding the use of special characters and any form of encryption.
Please also include Attn: SPATS NO. WV-092-FOR'' and your name and
return address in your Internet message. If you do not receive a
confirmation that we have received your Internet message, contact the
Charleston Field office at (304) 347-7158.
Availability of Comments
Our practice is to make comments, including names and home
addresses of respondents, available for public review during our
regular business hours at the OSM Administrative Record Room (see
ADDRESSES). Individual respondents may request that we withhold their
home address from the rulemaking record, which we will honor to the
extent allowable by law. There also may be circumstances in which we
would withhold from the rulemaking record a respondent's identity, as
allowable by law. If you wish us to withhold your name and/or address,
you must state this prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Public Hearing
If you wish to speak at the public hearing, you should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. (local
time), on July 5, 2001. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who testifies at a public
hearing provide us with a written copy of his or her testimony. The
public hearing will continue on the specified date until all persons
scheduled to speak have been heard. If you are in the audience and have
not been scheduled to speak and wish to do so, you will be allowed to
speak after those who have been scheduled. We will end the hearing
after all persons scheduled to speak and persons present in the
audience who wish to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. If you wish
to meet with OSM representatives to discuss the proposed amendment, you
may request a meeting 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 at the locations listed
under ADDRESSES. A written summary of each meeting will be made a part
of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart federal regulation.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the federal and state governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that, to the
extent allowed by law, this rule meets the
[[Page 33034]]
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
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed state regulatory program provision does not
constitute a major federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
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 regulation.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the state submittal
which is the subject of this rule is based upon counterpart federal
regulations for which an analysis was prepared and a determination made
that the federal regulation was not considered a major rule.
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: June 8, 2001.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 01-15499 Filed 6-19-01; 8:45 am]
BILLING CODE 4310-05-P