39790 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

concerns about the disclosure are being

placed in the Dockets Management

Branch (address above) and can be

identified with the docket number

found in brackets in the heading of the

document.

Dated: July 17, 1998.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 98–19916 Filed 7–21–98; 5:07 pm]

BILLING CODE 4160–01–F

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.

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.
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–100–1–9814b; FRL–6125–9]

Approval and Promulgation of

Implementation Plans; Commonwealth

of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

revisions to the Commonwealth of

Kentucky’s State Implementation Plan

(SIP) for the general application and

attainment status designations. The

Commonwealth of Kentucky, through

the Kentucky Natural Resources and

Environmental Protection Cabinet

(KNREPC) submitted the revisions to

EPA on December 19, 1997.

The revisions to the general

application rule clarify the reasonably

available control technology (RACT)

requirements to assure compatibility

with the 1990 Clean Air Act (CAA)

requirements for major sources of

volatile organic compounds (VOCs) in

ozone nonattainment areas. The

attainment status designations

regulation is being amended to make the

boundaries and classifications of

nonattainment areas for ozone

compatible with the Federal

classification.