Interior Department Final Rule

2024-19049: West Virginia Regulatory Program; Correction

Get alerted when the next rule lands

New rules open for comment on their own schedule. Pick how you want to hear about them — we email you when one appears.

Alert me on new Interior Department rules or alert me on a subject

Publishing to members? Embed a live rule tracker on your own site — the proposed rules in your area and the comment deadlines closing on them, updating themselves. Free, one line of HTML.

Create a free account & build one →

Summary

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), published a document in the Federal Register on March 18, 2024, approving in part, and not approving in part, amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).

The agency’s own summary, as published.

The rule, in full

826 words as published, August 28, 2024. View the original →

Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024) [Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68781-68782] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19049] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 948 [SATS No. WV-118-FOR (partial); Docket ID: OSM-2011-0009; SATS No. WV- 126-FOR; Docket ID: OSM-2019-0012; S1D1S SS08011000 SX064A000 220S180110; S2D2S SS08011000 SX064A000 220XS501520] West Virginia Regulatory Program; Correction

Agency

Office of Surface Mining Reclamation and Enforcement, Interior.

Action

Final rule; correction. -----------------------------------------------------------------------

Summary

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), published a document in the Federal Register on March 18, 2024, approving in part, and not approving in part, amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).

Dates

This correction is effective August 28, 2024.

For Further Information Contact

Mr. Michael Castle, Acting Director, Charleston Field Office, Telephone: (859) 260-3900. Email: [email protected].

Supplementary Information

In the final rule published Monday, March 18, 2024, in FR Doc. 2024-05682, on page 19273, column 2, a revision to 30 CFR 948.12 (State statutory, regulatory, and proposed program amendment provisions not approved) that revised paragraph (k) will be corrected to instead add that provision as new paragraph (l). Additionally, we are revising paragraph (k) to reinstate the deferral as it existed in the CFR prior to the publication of the Federal Register document. See also 89 FR 2133 (Jan. 12, 2024). We are also adding paragraph 38-2-12.5.d of West Virginia's regulations to the table at 30 CFR 948.15 (Approval of West Virginia regulatory program amendments). We had approved its deletion from West Virginia's regulations in the March 18, 2024, Federal Register, but it was omitted from the table. Federal Register Correction Sec. 948.12 [Corrected] 0

1. Effective April 17, 2024, in FR Doc. 2024-05682 at 89 FR 19262 in

the issue of March 18, 2024, on page 19273, in the second column, amendatory instruction 2 is corrected to read: ``Section 948.12 is amended by adding paragraph (l) to read as follows:'' 0

2. On page 19273, in the second and third columns, Sec. 948.12 is

corrected to read: * * * * * (k) We are not approving the following portions of provisions of the proposed program amendment that West Virginia submitted on May 15, 2017: (1) We are deferring our decision on the deletion of provisions from W.Va. Code 22-3-11(g)(2) regarding the development of a long-range planning process for the selection and prioritization of sites to be reclaimed. We defer our decision until we make a determination on West Virginia's related amendment docketed as WV-128-FOR, which relates to the complete and accurate listing of all outstanding reclamation obligations (including water treatment on active permits in the State. (2) [Reserved] (l) We are not approving the following provisions of the proposed West Virginia program amendments dated May 2, 2018: (1) At W.Va. Code 22-3-9, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic. (2) At W.Va. Code 22-3-20, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic. (3) At CSR 38-2-2.37, the removal of the definition ``completion of reclamation''. (4) At CSR 38-2-12.2.d., the elimination to the existing prohibition on bond release for any site specific bonding (i.e., open- acre bonding) until all coal extraction is completed and the disturbed area is completely backfilled and regraded. (5) At CSR 38-2-12.2.e., to restructure and revise existing approved language in this section and move it to CSR 38-2-12.2.a.4. (6) At CSR 38-2-12.2.f., to move, unchanged, this existing language to CSR 38-2-12.2.d. (7) At CSR 38-2-12.2.g., to move, unchanged, this existing language to CSR 38-2-12.2.f. (8) At CSR 38-2-12.2.h., to renumber existing CSR 38-2-12.2.h to 12.2.i. and to insert it as a new CSR 38-2-12.2.h. (9) At CSR 38-2-12.4.c., to eliminate an existing 180 day window for initiating reclamation operations to reclaim the site in accordance with the approved reclamation plan or modification thereof. (10) At CSR 38-2-12.5., to delete subsection 12.5 of the West Virginia regulations, which directs WVDEP's collection, analysis and reporting on sites where bond has been forfeited including, in particular, data relating to the water quality of water being discharged from forfeited sites. Sec. 948.15 [Corrected] 0

3. On page 19273, in the table, Sec. 948.15 is corrected to read as

follows: * * * * * ---------------------------------------------------------------------------------------------------------------- Original amendment submission Citation/description of approved dates Date of publication of final rule provisions ---------------------------------------------------------------------------------------------------------------- April 25, 2011..................... March 18, 2024....................... CSR 38-2-2.6; 9.3.d; 11.3.f; 11.4; May 8, 2018........................ 11.6; 12.2.a, 12.5.b, c and d; 12.4.a.2.B, 12.4.b, 4.b.1 and 4.b.2; 12.4.d; 14.5.b ---------------------------------------------------------------------------------------------------------------- [[Page 68782]] Thomas D. Shope, Regional Director, North Atlantic-Appalachian Region. [FR Doc. 2024-19049 Filed 8-27-24; 8:45 am] BILLING CODE 4310-05-P

Don't miss the comment window

One Click Politics alerts you on every deadline, hearing, and rule change.

See all rules with comments due soon →