Rule2024-19049
West Virginia Regulatory Program; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 28, 2024
Effective
August 28, 2024
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#cca3bfa1e1afa4aaa38ca3bfa1bea9e2aba3ba"><span class="__cf_email__" data-cfemail="d2bda1bfffb1bab4bd92bda1bfa0b7fcb5bda4">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 28, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.