[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Proposed Rules]
[Pages 13853-13855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06826]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-125-FOR; Docket ID: OSMRE-2017-0003 S1D1S SS08011000 SX064A000 
190S180110; S2D2S SS08011000 SX064A000 19XS501520]


West Virginia Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule with public comment period and opportunity for 
public hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the West 
Virginia regulatory program (the West Virginia program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
On May 3, 2017, West Virginia Department of Environmental Protection 
(WVDEP) submitted a program amendment to OSMRE to modify its pre-
blasting survey requirements, bond release and bonding requirements, 
and to modify disbursements from the Water Reclamation Trust Fund.
    This document gives the times and locations that the West Virginia 
program and this proposed amendment are available for your inspection, 
the comment period during which you may submit written comments on the 
amendment, and the procedures that we will follow for the public 
hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Daylight Time (e.d.t.), May 8, 2019. If requested, we 
will hold a public hearing on the amendment on May 3, 2019. We will 
accept requests to speak at a hearing until 4:00 p.m., e.d.t. on April 
23, 2019.

ADDRESSES: You may submit written comments, identified by WV-125-FOR; 
OSM-2017-0003, by any of the following methods:
     Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, 
Charleston Field Office Office of Surface Mining Reclamation and 
Enforcement, 1027 Virginia Street, East Charleston, West Virginia 25301
     Fax: (304) 347-7170.
     Federal eRulemaking Portal: The amendment has been 
assigned the Docket ID OSM-2017-0003. If you would like to submit 
comments go to http://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All submissions received must include the agency name 
and docket ID for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the West 
Virginia program, this amendment, a listing of any scheduled public 
hearings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSMRE's Charleston 
Field Office or the full text of the program amendment is available for 
you to read at www.regulations.gov.
    Charleston Field Office, Office of Surface Mining Reclamation and

[[Page 13854]]

Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 
25301, Email: [email protected].
    West Virginia Department of Environmental Protection, 601 57th 
Street SE, Charleston, WV 25304, Telephone: (304) 926-0490.
    In addition, you may review a copy of the amendment during regular 
business hours at the following locations:
    Morgantown Area Office, Office of Surface Mining Reclamation and 
Enforcement, 604 Cheat Road, Suite 150, Morgantown, West Virginia 
26508, Telephone: (304) 291-4004 (By Appointment Only).
    Beckley Area Office, Office of Surface Mining Reclamation and 
Enforcement, 313 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. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia Program
II. Description and Submission of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the West Virginia Program

    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). On the basis of 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. Description of the Proposed Amendment

    By letter (Administrative Record No. 1608) dated May 3, 2017, the 
West Virginia Department of Environmental Protection (WVDEP) sent us an 
amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES.
    Enrolled Senate Bill 687 seeks to modify bond releases and bonding 
requirements and to modify the requirements for how money is to be paid 
from the Special Reclamation Water Trust Fund to assure a reliable 
source of capital and operating expenses for the treatment of 
discharges from bond-forfeited sites. Senate Bill 687 was adopted by 
the West Virginia Legislature on April 8, 2017, and approved by the 
Governor on April 26, 2017. These changes cannot take effect for the 
purposes of the State program until approved as an amendment by OSMRE 
pursuant to 30 CFR 732.17(g). WVDEP requests that we approve the 
following changes to the approved State program:

    1. W.VA. Code 22-3-11(g)(1) and (g)(2)--Bonds; amount and method 
of bonding; bonding requirements; special reclamation tax and funds; 
prohibited acts; period of bond liability.
    The State seeks to continue the Special Reclamation Fund and, at 
subsection (g)(1), allow moneys in the Special Reclamation Water 
Trust Fund to be used to assure a reliable source of capital and 
operating expenses for the treatment of water discharges from 
forfeited sites where the Secretary has obtained or applied for an 
NPDES permit.
    At revised subsection (g)(2), the State proposes to delete 
provisions that require the Secretary to develop a long-range 
planning process for selection and prioritization of sites to be 
reclaimed so as to avoid inordinate short term obligations of the 
assets in both funds of such magnitude that the solvency of either 
fund is jeopardized. In addition, the State proposes to delete the 
provision that provides the Secretary may use both funds for the 
purpose of designing, constructing and maintaining water treatment 
systems when they are required for a complete reclamation of the 
affected lands described in this subsection.
    This proposed revision falls under the Federal provisions at 30 
CFR 800.11(e) and section 509(c) of SMCRA.
    2. W.VA. Code 22-3-11(g)(3)(A)--Bonds; amount and method of 
bonding; bonding requirements; special reclamation tax and funds; 
prohibited acts; period of bond liability.
    Previously, subsection 22-3-11(g)(2) was revised by the State to 
provide a tax credit to any mine operator who performs reclamation 
or remediation at a bond forfeiture site within the State. Under the 
proposed amendment, former subsection (g)(2)(A) was renumbered 
(g)(3)(A) to allow for the revision of (g)(2).
    3. W.VA. Code 22-3-23(c) and (i)--Release of bond or deposits; 
application; notice; duties of Secretary; public hearings; final 
maps on grade release.
    WVDEP proposes to amend subsection 23(c) by adding new bond 
release requirements at subdivisions (2) and (3). Subdivision (2) 
provides that the bond or deposit in whole or in part, may be 
released after revegetation has been established on the regraded 
mined lands in accordance with the approved reclamation plan. When 
determining the amount of bond to be released after successful 
revegetation has been established, the Secretary shall retain that 
amount of bond for the revegetated area which would be sufficient 
for a third party to cover the cost of reestablishing revegetation 
and for the period specified for operator responsibility in section 
thirteen of this article. This revision also includes specific 
provisions with respect to when the bond can be released and under 
what circumstances.
    Subdivision (3) provides that when the operator has successfully 
completed all surface coal mining and reclamation activities, the 
remaining portion of the bond may be released, but not before the 
expiration of the period specified for operator responsibility in 
section thirteen of this article provided that no bond shall be 
fully released until all reclamation requirements are complied with.
    The State proposes to delete the requirement of the minimum 
$10,000 bond after grading, seeding, fertilizing, irrigation, and 
other associated reclamation activities. Also included in this 
proposed revision are provisions relating to conditions that have to 
be met prior to the Secretary releasing all or part of the bond.
    Finally, WVDEP proposed to add subdivision (i) to its bonding 
requirements which authorizes the Secretary to propose rules for 
legislative approval during the 2018 regular session of the 
Legislature in accordance with the provisions of article three, 
chapter twenty-nine-a of the code and revisions to the Legislative 
Rule entitled West Virginia Surface Mining Reclamation Rule, Title 
38, Series 2 of the West Virginia Code of State Rules, to implement 
the revisions to this article made during the 2017 legislative 
session. In addition, the Secretary is to specifically consider the 
adoption of corresponding federal standards codified at 30 C. F. R. 
700 et. seq.
    These revisions fall under the Federal bond release requirements 
at 30 CFR 800.11, 800.13, 800.14, 800.15, 800.16, 800.17, 800.30 and 
800.40 and sections 509 and 519 of SMCRA.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule, 
they should be specific, confined to issues pertinent to the proposed 
regulations, and explain the reason for any

[[Page 13855]]

recommended change(s). We appreciate any and all comments, but those 
most useful and likely to influence decisions on the final regulations 
will be those that either involve personal experience or include 
citations to and analyses of SMCRA, its legislative history, its 
implementing regulations, case law, other pertinent State or Federal 
laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.d.t. on 
April 23, 2019. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 11, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2019-06826 Filed 4-5-19; 8:45 am]
 BILLING CODE 4310-05-P