Rule2025-14193
West Virginia Regulatory Program
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
July 28, 2025
Effective
August 27, 2025
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) as contained in House Bill 4758 of 2022. The revisions require the West Virginia Department of Environmental Protection (WVDEP) to develop and maintain a database to track reclamation liabilities, including water treatment, at coal mining operations in the state of West Virginia that were permitted after August 3, 1977, and for which the SMCRA permit has yet to be completely released. The database of reclamation liabilities will serve to inform management and operation of WVDEP's Special Reclamation Program.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 142 (Monday, July 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Rules and Regulations]
[Pages 35417-35421]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14193]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[SATS No. WV-128-FOR; Docket ID: OSM-2022-0004; S1D1S SS08011000
SX064A000 242S180110; S2D2S SS08011000 SX064A000 24XS501520]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the West Virginia regulatory
program under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). The amendment revises the West Virginia Surface
Coal Mining and Reclamation Act (WVSCMRA) as contained in House Bill
4758 of 2022. The revisions require the West Virginia Department of
Environmental Protection (WVDEP) to develop and maintain a database to
track reclamation liabilities, including water treatment, at coal
mining operations in the state of West Virginia that were permitted
after August 3, 1977, and for which the SMCRA permit has yet to be
completely released. The database of reclamation liabilities will serve
to inform management and operation of WVDEP's Special Reclamation
Program.
DATES: The effective date is August 27, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Justin Adams, Field Office
Director, Charleston Field Office. Telephone: (304) 977-7177, Email:
<a href="/cdn-cgi/l/email-protection#5639253b7b353e30391639253b243378313920"><span class="__cf_email__" data-cfemail="19766a74347a717f7659766a746b7c377e766f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the West Virginia Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews
I. Background on the West Virginia Program
Subject to OSMRE's oversight, section 503(a) of the Act permits a
State to assume primacy for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within its
borders by demonstrating that its program includes, among other things,
State laws and regulations that govern surface coal mining and
reclamation operations in accordance with the Act and consistent with
the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7).
Based on these criteria, the Secretary of the Interior
conditionally approved the West Virginia program on January 21, 1981.
You can find background information on the West Virginia program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the West Virginia program in the January 21,
1981, Federal Register (46 FR 5915). You can also find later actions
concerning the West Virginia program and program amendments at 30 CFR
948.10, 948.12, 948.13, 948.15, and 948.16.
II. Submission of the Amendment
WV-128-FOR
By letter dated August 23, 2021 (Administrative Record No. 1658),
we required the West Virginia Department of Environmental Protection
(WVDEP) to submit a program amendment that ensures appropriate tracking
of existing reclamation liabilities (including water treatment) at coal
mining operations. This tracking must ensure that information about
existing reclamation liabilities is accurate and up-to-date and must
enable an accurate assessment of the solvency of the State's Special
Reclamation Fund and the Special Reclamation Water Trust Fund. To
comply with our request, the West Virginia Legislature passed a
revision to WVSCMRA contained in House Bill 4758 of 2022 (H.B. 4758)
(approved March 28, 2022). See 2022 W. Va. Acts ch. 130. H.B. 4758
amends section 22-3-11(i)(2) of WVSCMRA, W. Va. Code 22-3-11(i)(2), to
require WVDEP to develop and maintain a database to track existing
reclamation liabilities, including water treatment, at coal mining
operations in the state of West
[[Page 35418]]
Virginia that were permitted after August 3, 1977, and for which the
SCMRA permit has yet to be completely released.
By letter dated March 29, 2022 (Administrative Record No. 1666),
West Virginia sent us the amendment to its program under SMCRA, which
we docketed as WV-128-FOR. We announced receipt of the proposed
amendment in the May 23, 2023, Federal Register (88 FR 33025)
(Administrative Record No. 1670). This can be viewed at
<a href="http://www.regulations.gov">www.regulations.gov</a> by searching the Docket ID Number OSM-2022-000 or
SATS No. WV-128-FOR.
In the same notice, we opened a public comment period and provided
an opportunity for a public hearing on this provision. The public
comment period closed on June 22, 2023. We did not hold a public
hearing or meeting because one was not requested. Letters were sent to
various Federal agencies requesting comments (Administrative Record No.
1618), but none were received.
WV-125-FOR and WV-126-FOR
In the January 12, 2024, Federal Register (89 FR 2133), we deferred
our decision on West Virginia's proposal (WV-125-FOR) to delete
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. Id. at 2134-35 and 2138 (codifying our deferral
at 30 CFR 948.12(k)(1)). Likewise, in the March 18, 2024, Federal
Register (89 FR 19262), we did not approve West Virginia's proposal
(WV-126-FOR) to delete from its regulations subsections a. and e. of
CSR 38-2-12.5, which direct WVDEP's collection, analysis and reporting
on sites where bond has been forfeited, including data relating to the
quality of water being discharged from the forfeited sites. Id. at
19270-71 and 19273 (codifying our decision at 30 CFR 948.12(k)(10),
later corrected to (l)(10) by notice in the Federal Register on January
17, 2025 (90 FR 5628). With West Virginia's submission of WV-128-FOR,
we will revisit these proposed changes to the West Virginia program.
III. OSMRE's Findings
We are approving the revisions proposed in WV-128-FOR as described
below, as well as those revisions initially proposed in WV-125-FOR and
WV-126-FOR. The following are our findings concerning West Virginia's
amendment under SMCRA and the Federal regulations at 30 CFR 730.5,
732.15 and 732.17.
1. W. Va. Code 22-3-11(i)(2)(C)--Relating to the Management of the
Special Reclamation Program
New subparagraph (C) of W. Va. Code 22-3-11(i)(2) requires the
Secretary of the WVDEP to develop and maintain a database to track
existing reclamation liabilities, including water treatment, at coal
mining operations in West Virginia that were permitted after August 3,
1977, and for which the SCMRA permit has yet to be completely released.
The proposed addition also requires that this information be updated on
a quarterly basis beginning July 2022 to ensure that actuarial studies
of the special reclamation fund and special reclamation water trust
fund are based on current data.
OSMRE Findings: In our August 23, 2021, letter to WVDEP, we
acknowledged the complexity and potential impacts of bond forfeitures
on the West Virginia-approved State program, particularly on the
solvency of WVDEP's financial assurance program, which ensures funds
are available to carry out reclamation responsibilities if a permittee
is no longer able to do so. We also indicated that the West Virginia
program had not taken sufficient steps to ensure the compilation of
complete and accurate estimations of all outstanding reclamation
obligations on active permits.
SMCRA requires that, before issuing a SMCRA permit, an applicant
must obtain a bond that is ``sufficient to assure the completion of the
reclamation plan if the work had to be performed by the regulatory
authority in the event of forfeiture.'' 30 U.S.C. 1259(a). The West
Virginia program has historically relied on two principal sources of
funding to ensure that sufficient funds are available for reclamation:
financial assurances backed by third-party providers (e.g., surety
bonds) and two State funds--the State's Special Reclamation Fund (SRF)
and Special Reclamation Water Trust Fund (SRWTF), which are funded
mostly through a reclamation tax on coal produced in the State.
Through our recent review with WVDEP of the West Virginia financial
assurance program, we determined that the West Virginia program
contained the same or similar deficiencies that we described in our
approval of various amendments to West Virginia's program in the May
29, 2002, Federal Register (67 FR 37610) (Administrative Record Number
1308). Our 2002 approval relied on the justification that WVDEP's
methods for collecting and maintaining this information would improve
and that the amendments would provide the recently created Special
Reclamation Fund Advisory Council (Advisory Council), auditors, and
ultimately the West Virginia Legislature with accurate and up-to-date
information regarding the extent of reclamation obligations that could
fall to the State. However, our recent review revealed that the program
required additional improvements and that various deficiencies had
since been raised between WVDEP and the Advisory Council but had not
been corrected. We elaborated in our August 23, 2021, letter to DEP
that the programmatic deficiencies may have resulted in leaving
unfunded environmental liabilities that may not have been discovered
until after forfeiture.
The information from existing permits and bond forfeited permits
must be up-to-date and accurate to adequately inform the Advisory
Council's projections and recommendations. The accuracy of that
information is also vital to our joint review of the West Virginia
program, as well as our ultimate ability to determine whether the West
Virginia program complies with 30 CFR 800.11(e)(1), which provides that
OSMRE may approve a State's alternative bonding system only if it
assures ``that the regulatory authority will have available sufficient
money to complete the reclamation plan for any areas which may be in
default at any time.'' Therefore, we had determined, in accordance with
30 CFR 732.17(c), that West Virginia was required to submit a program
amendment to ensure tracking of existing reclamation liabilities
(including water treatment) at mining operations. We also explained
that this improvement to tracking liabilities must reflect revisions or
changes to the activities occurring at relevant sites and occur with
such frequency that the actuarial studies are informed by current data.
The addition of subparagraph (C) to W. Va. Code 22-3-11(i)(2)
effectively supersedes what the West Virginia program had attempted to
accomplish through the existing provision at W. Va. Code 22-3-11(g)(2)
and its implementing regulations at CSR 38-2-12.5. Section 22-3-
11(g)(2) of WVSCMRA previously required WVDEP to develop a long-range
planning process for the selection and prioritization of bond
forfeiture sites for reclamation, and CSR 38-2-12.5 required, among
other things, that WVDEP create an inventory of all bond forfeiture
sites and report annually to the West Virginia Legislature data
regarding acid mine drainage at these sites. Unlike these existing
provisions, West Virginia's current amendment
[[Page 35419]]
focuses not simply on the list of bond forfeiture sites and the
associated reclamation liabilities but also on the current SMCRA
permits and the reclamation liabilities that those mines entail.
Reclamation liability, as we have used that term with respect to the
West Virginia ABS, constitutes the cost to the State to complete
reclamation, including the cost of water treatment, where necessary.
See 60 FR 51900, 51903 (Oct. 4, 1995) (disapproving West Virginia
provision imposing special reclamation tax only when bond forfeiture
liabilities of the State exceed assets of the Special Reclamation
Fund); 66 FR 67446, 67450 (Dec. 28, 2001) (discussing same). This
amendment also specifies that the information in the inventory is to be
updated quarterly. Tracking reclamation liability in a way that ensures
that the cost to the State is informed and up-to-date necessarily
requires tracking several different factors, including existing site
conditions and the type of work that remains to be performed, the
quality and nature of discharges, if any, and capital, operating, and
maintenance cost of any anticipated treatment measures. All of these
factors may change over time and affect the overall liability. See also
CSR 38-2-12.5 (discussing various factors relevant in determining site
specific bond amounts). For these reasons, this amendment is an
improvement from the existing provisions and provides clearer
benchmarks the State must meet regarding the collection, tracking, and
reporting of information in its inventory of SMCRA permits and the
liabilities on all Title V related bond forfeiture sites. We are
approving this provision with the understanding that WVDEP will make
the database available to the public consistent with its State open
records laws and that WVDEP will use the database to report annually to
the Advisory Council, which, in turn, satisfies its obligations under
W.Va. Code 22-1-17 by reporting to the Governor and the West Virginia
Legislature.
2. W. Va. Code 22-3-11(g)(2)--Relating to the Special Reclamation Fund;
and CSR 38-2-12.5--Relating to the Inventory of All Sites Where Bonds
Have Been Forfeited
In the January 12, 2024, Federal Register (89 FR 2133), we deferred
our decision on West Virginia's proposed deletion of language from W.
Va. Code 22-3-11(g)(2) that had required the development of a long-
range planning process for the selection and prioritization of sites to
be reclaimed to avoid inordinate short-term obligations of the fund's
assets of such magnitude that the solvency of the fund was jeopardized.
Relying on the same reason that they comprise a necessary component of
fulfilling the requirements of an alternative bonding system--i.e., the
ability to compile, review, and report data relevant to the financial
health of the system on a regular basis, we also did not approve West
Virginia's proposed deletion of its implementing regulations at CSR 38-
2-12.5, particularly subsection a., which required the Secretary of
WVDEP to create an inventory of all sites for which bonds had been
forfeited, and subsection e., which required the Secretary of WVDEP to
submit a detailed annual report to the West Virginia Legislature of
acid mine drainage from bond forfeiture sites. See 89 FR 19262, 19270-
71 (Mar. 18, 2024). In light of our approval of W.Va. Code 22-3-
11(i)(2)(C) above, we are now revisiting those decisions.
OSMRE's Findings: West Virginia's long-range planning process for
selection and prioritization of sites to be reclaimed has been
addressed by us in previous decisions, specifically in the Federal
Register notices of October 4, 1995, (60 FR 51900) and May 29, 2002,
(67 FR 37610). In both instances, we explained in detail that for West
Virginia's Special Reclamation Fund and its Special Reclamation Water
Trust Fund to remain solvent requires an inventory of sites requiring
reclamation. Without this inventory, it is virtually impossible for the
Special Reclamation Advisory Council to accurately assess the
liabilities that would be included in its alternative bonding system.
We further emphasized this fact in our letter to the WVDEP dated August
23, 2021, (Administrative Record No. 1659). On March 29, 2022, WVDEP
submitted WV-128-FOR, discussed above, to develop and maintain a
database to track all Title V liabilities of SMCRA permits and bond
forfeiture sites to better inform the management and operation of the
WVDEP's Special Reclamation Program (Administrative Record No. 1666).
Because we are approving West Virginia's creation and maintenance of an
inventory to track reclamation liabilities, including water treatment,
we find that the long-range planning process is no longer necessary to
ensure the sufficiency of West Virginia's alternative bonding system.
Therefore, we approve the deletion of that language from W.Va. Code 22-
3-11(g)(2). Likewise, because reclamation liabilities entail the cost
to the State of completing the reclamation plans and, therefore,
necessarily include tracking several factors relevant to cost in
addition to water quality, we find the provisions at CSR 38-2-12.5.a
and e are no longer necessary and approve their deletion.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment and received a letter
from Appalachian Mountain Advocates (AMA) dated June 22, 2023
(Administrative Record No. 1671), as counsel for the Sierra Club and
the West Virginia Highlands Conservancy (together, Community Groups).
AMA states in its letter that the Community Groups are concerned
that the amendment is ``insufficient to ensure compliance with SMCRA
implementing regulations.'' The Community Groups raised concerns that
the amendment does not provide West Virginia or OSMRE with enough
detail to make an informed determination that West Virginia will have
sufficient money to complete any reclamation plan for any areas that
may be in default at any time. The Community Groups requested that
OSMRE require two additional points--first, that WVDEP make the
database publicly available online, and second, that WVDEP makes a
written determination and analysis, based on the database, on January 1
of each year about whether West Virginia Special Reclamation Fund and
Special Reclamation Water Trust Fund have sufficient funds to complete
the reclamation plan for any areas which may be in default at that
time. The Community Groups further assert that their concerns are
exacerbated by a lack of indication by WVDEP that it has completed its
database and by certain actions or omissions by the Advisory Council in
its annual report filed January 1, 2023.
First, while SMCRA does dictate the manner in which certain records
are made available to the public, see, e.g., 30 CFR 700.14, 840.14 and
842.16 (availability of records), it does not generally supersede State
open records laws, which would cover the availability of the database.
Thus, we are approving this provision with the understanding that WVDEP
will make information from the database available to the public in a
manner that is, at a minimum, consistent with West Virginia's open
records law at W. Va. Code 29B-1-1 et seq. and that WVDEP will use the
database to report annually to the Advisory Council, which, in turn,
will report to the Governor and the West Virginia Legislature.
[[Page 35420]]
Second, although we understand the commenter's concern, we decline
to require an annual written determination by WVDEP as to the
sufficiency of the West Virginia Special Reclamation Fund and the
Special Reclamation Water Trust Fund. When conducting our oversight, we
rely on the actuarial reports, the Advisory Commission reports, and our
regular inspections, and other activities to determine whether West
Virginia's alternative bonding system is capable of satisfying the
requirements of 30 CFR 800.11. While a finding, such as the commenter's
suggest, may provide additional information for our oversight, that
requirement is not contained within the statutory text submitted to us
by West Virginia; thus, we cannot approve or disapprove such a
requirement and the lack of such a requirement does not make the
proposed amendment not in accordance with SMCRA or inconsistent with
the Federal regulations. Our subsequent oversight of West Virginia's
implementation of the database will focus on the accuracy of the data,
the solvency of the Funds, and whether any future amendments may be
necessary.
Federal Agency Comments
On April 12, 2022, under 30 CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA or 884.14(a)(2) and 884.15(a), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the West Virginia program (Administrative Record No. 1672).
We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions West Virginia proposed in
this amendment pertain to air or water quality standards. Therefore, we
did not ask the EPA to concur on the amendment.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On April 12, 2022, we requested comments on West Virginia's
amendment (Administrative Record No.1672). We did not receive comments.
V. OSMRE's Decision
Based on the above findings, we find that the proposed amendment is
in accordance with SMCRA and consistent with the Federal regulations,
and we are approving this amendment to the West Virginia regulatory
program under WVSCMRA, sent to us on March 29, 2022 (Administrative
Record No. 1666). We are approving this provision with the
understanding that WVDEP will make information from the database
available to the public consistent with State open records laws and use
such information to report annually to the Advisory Council, which in
turn reports to the West Virginia Governor and the West Virginia
Legislature. We are also approving West Virginia's deletion of language
from W. Va. Code 22-3-11(g)(2) and CSR 32-2-12.5.a and 12.5.e, which we
did not approve from amendments docketed at WV-125-FOR and WV-126-FOR,
respectively, in anticipation of reviewing those revisions in concert
with the current amendment. To implement this decision, we are amending
the Federal regulations at 30 CFR part 948 that codify decisions
concerning the West Virginia program. In accordance with the
Administrative Procedure Act, this rule will take effect 30 days after
the date of publication.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not result in a taking of private property or
otherwise have taking implications that would result in private
property being taken for government use without just compensation under
the law. Therefore, a takings implication assessment is not required.
This determination is based on an analysis of the Federal regulations
that set minimum performance standards for alternative bonding systems.
Executive Orders 12866--Regulatory Planning and Review, 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance dated October
12, 1993 (OMB Memo M-94-3), the approval of State program amendments is
exempted from OMB review under Executive Order 12866. Executive Order
13563, which reaffirms and supplements Executive Order 12866, retains
this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register document
and changes to the Federal regulations. The review under this Executive
Order did not extend to the language of the State regulatory program
amendment that West Virginia drafted.
Executive Order 13132--Federalism
This rule has potential Federalism implications as defined under
section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. West Virginia, through its approved
regulatory program, implements and administers SMCRA and its
implementing regulations at the State level. This rule approves an
amendment to the West Virginia program submitted and drafted by the
State and thus is consistent with the direction to provide maximum
administrative discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and Tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on the distribution of power and responsibilities
between the
[[Page 35421]]
Federal government and Tribes. The basis for this determination is that
our decision on the West Virginia program does not include Indian lands
as defined by SMCRA or other Tribal lands, and it does not affect the
regulation of activities on Indian lands or other Tribal lands. Indian
lands under SMCRA are regulated independently under the applicable
Federal Indian program. The Department's consultation policy also
acknowledges that our rules may have Tribal implications where the
State proposing the amendment encompasses ancestral lands in areas with
mineable coal. We are currently working to identify and engage
appropriate Tribal stakeholders to devise a constructive approach for
consulting on these amendments.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866 and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not 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 include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
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 Federal regulations that set minimum
performance standards for alternative bonding systems, 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. 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 related Federal
regulations.
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; and (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 on an analysis of the Federal
regulations that set minimum performance standards for alternative
bonding systems, which were determined not to constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the Federal regulations that set minimum
performance standards for alternative bonding systems, which were
determined not to impose an unfunded mandate. Therefore, a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface mining, Underground mining.
Ben Owens,
Acting Regional Director, Interior Regions 1 & 2.
For the reasons set out in the preamble, 30 CFR part 948 is amended
as follows:
PART 948--WEST VIRGINIA
0
1. The authority citation for part 948 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 948.12 [Amended]
0
2. Section 948.12 is amended by removing and reserving paragraphs (k)
and (l)(10).
0
3. Section 948.15 is amended by adding in chronological order an entry
for ``March 29, 2022'' to the table to read as follows:
Sec. 948.15 Approval of West Virginia regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Date of
Original amendment submission publication of Citation/description
date final rule
------------------------------------------------------------------------
* * * * * * *
March 29, 2022................ July 28, 2025.... W. Va. Code 22-3-
11(g)(2) (partial
deletion) and
(i)(2)(C) (added).
CSR 38-2-12.5.a and
12.5.e (deletions).
------------------------------------------------------------------------
[FR Doc. 2025-14193 Filed 7-25-25; 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 July 28, 2025.
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.