66 FR 67455
West Virginia Regulatory Program
ACTION: Proposed rule; opening of public comment period and opportunity for
public hearing on an amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM)
are announcing the opening of a public comment period and an opportunity for
public hearing or meeting on the effectiveness of a recently approved amendment
to the West Virginia surface mining regulatory program (the West Virginia
program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act) to satisfy the Federal requirements regarding an alternative bonding
system (ABS). We announced approval of an amendment to the West Virginia program
concerning the State's ABS in a final rule document that appears elsewhere in
this Federal Register issue. The amendment consisted of changes to the Code of
West Virginia (W. Va. Code) as contained in Enrolled Senate Bill 5003, and:
established the Special Reclamation Fund Advisory Council; increased the special
reclamation tax rate to provide additional revenue for the reclamation of bond
forfeiture sites; and deleted language that limited expenditures from the
State's ABS for water treatment.
We are opening this comment period to provide all interested parties
additional time to review the relevant materials and to submit comments on
whether the State amendment, as submitted on September 24, 2001, and approved by
OSM elsewhere in this Federal Register issue fully resolves all ABS deficiencies
and satisfies the required program amendment codified at 30 CFR 948.16(lll).
That requirement provides that the State must eliminate the deficit in its ABS
and ensure that sufficient money will be available in the future to complete
reclamation, including the treatment of polluted water, at all existing and
future bond forfeiture sites. We are seeking comment on whether the State's
amendment provides a permanent, long-term solution to the State's ABS problems.
Comments previously submitted in response to our October 24, 2001 <=8> (66
FR 53749), Federal Register notice on the State's amendment need not be
resubmitted.
This document gives the times and locations that the State's amendment and
other relevant documents are available for your inspection, the comment period
during which you may submit written comments on whether the amendment fully
satisfies all outstanding requirements concerning West Virginia's ABS, and the
procedures that we will follow for the public hearing or meeting, if one is
requested.