West Virginia Regulatory Program, 12984-12987 [2019-06494]
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12984
Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules
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Commonwealth to qualified operators to
satisfy the required bond obligation. The
LRFG program provides for the
assessment and collection of premiums
from operators for such guarantees in an
amount sufficient to assure the financial
stability of the financial guarantee
program and to cover the
Commonwealth’s cost to administer the
program. This program replaces the
Commonwealth’s Conversion Assistance
Program (CAP) of 2001. The new
statutory provisions address site and
operator eligibility, the establishment of
an account for this purpose, the transfer
of funds from the CAP program to the
LRFG account, the authorizations to
transfer funds from the LRFG account
into the Remining Financial Assurance
Fund and the Reclamation Fee
Operation and Maintenance account,
interest earned on the account,
conditions for dissolution of the
program, and management of the
account.
Regulatory Changes: 25 Pa Code: The
Pennsylvania Environmental Quality
Board adopted changes to mining
regulations at 25 Pennsylvania Code on
April 21, 2015, and the changes became
effective on August 22, 2015. These
changes include the addition of sections
86.162b and 86.162c, which implement
the statutory changes resulting from Act
95 of 2012, Mining Permit and
Bioenergy Crop Bonding, and Act 157 of
2012, Mining Permit, Reclamation Plan,
and Bond and Land Reclamation
Financial Guarantees. In addition,
chapters 86–90 were amended to correct
citations to the PA SMCRA to account
for the addition of section 19.2 of the
SMCRA, which was added by Act 157,
to correct other citation errors, and to
address other minor changes.
The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
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.
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.
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.s.t. on April 18, 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.
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
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
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
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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 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: October 11, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial note: This document was
received for publication by the Office of the
Federal Register on March 29, 2019.
[FR Doc. 2019–06489 Filed 4–2–19; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[WV–124–FOR; Docket ID: OSM–2016–0012;
S1D1S SS08011000 SX064A000
190S180110; S2D2S SS08011000
SX064A000 19XS501520]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the West
Virginia permanent regulatory program
under the Surface Mining Control and
Reclamation Act (SMCRA or the Act).
On June 14, 2016, West Virginia
Department of Environmental Protection
(WVDEP) submitted a program
amendment to OSMRE that includes
regulatory revisions, authorized under
the West Virginia Surface Coal Mining
and Reclamation Act (WVSCMRA),
relating to bonding requirements for
operations seeking permit renewals,
topsoil, inactive status, and
contemporaneous reclamation. This
document gives the times and locations
that the West Virginia program and this
proposed amendment to that program
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
p.m., Eastern Daylight Time (e.d.t.), May
3, 2019. If requested, we will hold a
public hearing on the amendment on
April 29, 2019. We will accept requests
to speak at a hearing until 4 p.m., e.d.t.
on April 18, 2019.
ADDRESSES: You may submit comments,
identified by WV–124–FOR, 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.
• Federal eRulemaking Portal: The
amendment has been assigned the
Docket ID OSM–2016–0012. If you
would like to submit comments go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number 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
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SUMMARY:
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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
Enforcement, 1027 Virginia Street,
East, Charleston, West Virginia 25301,
Email: chfo@osmre.gov.
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: chfo@osmre.gov.
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.
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12985
II. Description and Submission of the
Proposed Amendment
By letter dated June 14, 2016, and
received by OSMRE on June 21, 2016
(Administrative Record No. WV–1606),
WVDEP submitted an amendment to its
permanent regulatory program under
SMCRA (30 U.S.C. 1201 et seq.). The
proposed amendment consists of
regulatory revisions to West Virginia’s
Surface Mining Reclamation
Regulations at Code of State Regulations
(CSR) Title 38, Series 2. The full text of
the program amendment is available for
you to read at the locations listed above
under ADDRESSES.
Senate Bill No. 357 (SB 357) was
adopted by the West Virginia
Legislature on March 3, 2015, and was
approved by the Governor on March 12,
2015. On March 25, 2015, WVDEP
notified OSMRE of the passage of SB
357 (Administrative Record No. WV–
1604). Senate Bill 357 authorized
WVDEP to promulgate several revisions
to its Surface Mining Reclamation
Regulations. The bill amended West
Virginia Code Sections 22–3–13 and 19
and authorized WVDEP to promulgate
revisions to its contemporaneous
reclamation and inactive status
regulations.
Committee Substitute for House Bill
117 (HB 117) was passed by the West
Virginia Legislature on June 2, 2016.
With the passage of HB 117, the
Legislature authorized a legislative rule
filed by WVDEP in the State Register on
July 27, 2015, that includes revisions
regarding contemporaneous
reclamation, inactive status and topsoil.
In addition, the Legislature authorized
amendments regarding bonding
requirements for permit renewals and
incremental bonding for permit
renewals. In accordance with HB 117,
WVDEP filed revised regulations with
the Secretary of State on June 10, 2016.
1. CSR 38–2–3.27—Permit Renewals
WVDEP proposes to amend its
regulations at CSR 38–2–3.27. As
proposed, once an operation has
received a waiver of the permit renewal
requirement, it is exempt from the
restriction contained in paragraph
11.4.a.2 regarding changing from full
permit bonding to incremental bonding,
and the operation may submit a bonding
revision to the Secretary for approval.
This proposed State revision falls
under the Federal provisions at 30 CFR
800.11 and section 509 of SMCRA.
2. CSR 38–2–7.6—Forest land
WVDEP is proposing to amend its
Forest land requirements at subsection
7.6.c, Soil placement and Substitute
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules
material, by replacing the word topsoil
with soil before the word substitute and
after the word volume in subparagraph
c.2, adding soil substitute after the
words soil in subparagraph c.3, and
deleting the word soil after the words
uniform and minimum in subparagraph
7.6.d.1 relating to Liming and
Fertilizing.
These proposed revisions fall under
the Federal provisions at 30 CFR 779.21,
780.18, 816/817.71(e), 816/817.22(b),
816/817.22(d), 816/817.71(e) and 816/
817.102(a) and section 515(b)(5) and
(b)(6) of SMCRA.
3. CSR 38–2–7.7—Wildlife
WVDEP is proposing to amend its
wildlife requirements at subsection
7.7.c, Soil placement and Substitute
material, by replacing the word topsoil
with soil before the word substitute and
after the word volume in subparagraph
c.2, adding soil substitute after the
words soil in subparagraph c.3, and
deleting the word soil after the words
uniform and minimum in subparagraph
7.7.d.1 relating to Liming and
Fertilizing.
These proposed revisions fall under
the Federal provisions at 30 CFR 779.21,
780.18, 816/817.71(e), 816/817.22(b),
816/817.22(d), 816/817.71(e) and 816/
817.102(a) and section 515(b)(5) and
(b)(6) of SMCRA.
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4. CSR 38–2–11.4.a.2—Incremental
Bonding
The State is proposing to amend its
regulations at CSR 38–2–11.4.a.2. As
amended, a proviso was added to this
subparagraph which provides that
operations that have received a waiver
of the permit renewal requirements are
exempt, and the operation [operator]
may submit a bonding revision to the
Secretary for approval.
This proposed State revision falls
under the Federal provisions at 30 CFR
800.11 and section 509 of SMCRA.
5. CSR 38–2–14.3—Topsoil
This proposed amendment addresses
a conflicting use and misinterpretation
of the terms ‘‘topsoil’’, ‘‘topsoil
substitute’’, ‘‘soil’’, and ‘‘soil substitute’’
that was apparent in a 30 CFR part 733
review of a petition to OSMRE dated
June 24, 2013 (Administrative Record
Number WV–1609). The proposed
topsoil revisions include a reference, in
Subsection 14.3.a, to the State’s
definition of topsoil, which is already
part of the approved State program. This
paragraph is also amended to provide
that where the topsoil is less than six
inches thick, topsoil and
unconsolidated materials below it may
be removed and treated, in combination,
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as topsoil. Subsection 14.3.c. would
allow the use of substitutes where it can
be shown that the existing topsoil is
inadequate in quality or quantity to
support and maintain the approved
postmining land use.
These proposed State revisions fall
under the Federal provisions at 30 CFR
816.22 and 817.22 and subsections
515(b)(5) and (b)(6) of SMCRA.
6. CSR 38–2–14.11—Inactive Status
West Virginia seeks to revise its
regulations at CSR 38–2–14.11 by
addressing and clarifying the time limits
including inactive status (renewable),
bonding requirements, and procedure
for inactive status. The proposed
revisions to the State’s inactive status
requirements include revisions to
subparagraphs 14.11.a.6, d, d.1., d.2.,
d.3, e, f, g, and h, and the deletion of
subparagraph 14.11.c in its entirety and
portions of subparagraph 14.11.d. The
changes include the proposed
elimination of public notice and
opportunity for public comment on an
application for inactive status, as well as
a proposal to change the period within
which inactive operations must be
capable of restarting from 60 days to 180
days and not allowing the total time for
inactive status to exceed three years.
Finally, full cost reclamation bonds for
permits on inactive status will not have
to remain in effect for the life of the
operation.
These proposed State revisions fall
under the Federal provisions at 30 CFR
816.131 and 817.131 and sections 501,
503, 509, 510, 515 and 516 of SMCRA.
7. CSR 38–2–14.15—Contemporaneous
Reclamation, Backfilling and Grading,
Excess Spoil Disposal, Variance
West Virginia also seeks to revise
program requirements at CSR 38–2–
14.15 by addressing and clarifying time,
distance and acreage requirements for
contemporaneous reclamation
standards. It also clarifies the bonding
requirements for a contemporaneous
reclamation variance and a procedure to
remove it once the variance is no longer
needed.
WVDEP proposes to revise
subparagraph 14.15.b.1 to eliminate the
maximum exceeding acreage
requirement of 35 acres, provided that
the requirements stipulated in
subparagraphs 14.15.d and 14.15.c.2 are
met. Subparagraph 14.15.b.3 is
proposed to be revised to extend the
timeframe within which grading and
backfilling is to be completed from 35
to 60 days and to increase the distance
for the same activity from one thousand
(1000) feet to one thousand five
hundred (1500) feet.
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Subparagraph 14.15.b.4 contains a
revision to clarify for a stair step mining
approach with multiple steps that the
subsequent cut of the underlying seam
occurs within one hundred eighty (180)
days from the initial pit excavation with
backfilling and regrading to follow
within one hundred eighty (180) days of
removal of the lowest seam in the
operation.
Subparagraphs 14.15.b.5, 14.15.b6.A
and 14.15.b.6.B.2 are proposed to
change similar language as addressed in
14.15.b.4. The proposed revision to
subparagraph 14.15.b.6.B.1 seeks to
eliminate redundancy, as this
stipulation is already addressed in
subparagraph 14.15.b.6.A.
The proposed State revisions
regarding contemporaneous reclamation
fall under the Federal provisions at 30
CFR 816.100, 816.101, 816.102, and
subsections 515(b)(16), (c), (d) and (e) of
SMCRA.
The proposed State revisions
regarding excess spoil disposal fall
under the Federal provisions at 30 CFR
816.71, 816.100, 816.101, 816.102 and
subsections 515(b)(16), and (b)(22) of
SMCRA.
The proposed State revisions
regarding variances fall under the
Federal provisions at 30 CFR 785.14,
785.15, 785.16, 816.100, 816.101,
816.102, and subsections 515(b)(16), (c),
(d) and (e) of SMCRA.
8. CSR 38–2–22.3.t.4—Coal Refuse—
Abandonment Plan
WVDEP proposes to delete the word
‘‘topsoiling’’ near the end of this
requirement. Instead of topsoiling
refuse, an operator will cover fine refuse
in an impoundment with coarse refuse
or other fill material prior to it being
covered with the non-toxic and noncombustible material.
The proposed State revision regarding
coal refuse disposal abandonment plans
fall under the Federal provisions at 30
CFR 780.25(d), 784.16(d), 816/817.81,
816/817.83, and 816/817.84, and
subsections 515(b)(11), (13), and (f) and
516(b)(5) of SMCRA.
IV. 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, they should be specific,
confined to issues pertinent to the
proposed regulations, and explain the
E:\FR\FM\03APP1.SGM
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules
reason for any 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.
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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 18, 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
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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.
V. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
Pursuant to Office of Management and
Budget (OMB) Guidance and 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 12, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on March 29, 2019.
[FR Doc. 2019–06494 Filed 4–2–19; 8:45 am]
BILLING CODE 4310–05–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 20, 27 and 90
[WT Docket No. 17–200; FCC 19–18]
Commission Proposes To Reconfigure
the 900 MHz Band To Facilitate
Broadband Services
Federal Communications
Commission.
AGENCY:
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ACTION:
12987
Proposed rule.
In this document, the Federal
Communications Commission
(Commission) proposes and seeks
comment on facilitating broadband
deployment in the 896–901/935–940
MHz band (900 MHz band) currently
configured for narrowband operations.
Specifically, the Commission proposes
to realign the band to create a paired 3⁄3
megahertz broadband segment, licensed
on a geographic basis, while reserving
two remaining segments for continued
narrowband operations. The
Commission proposes to authorize a
market-driven voluntary exchange
process that would allow existing
licensees in the band to mutually agree
to a plan for clearing of the broadband
segment by relocating site-based
incumbents to narrowband spectrum.
The Commission also seeks comment on
two other transition methods—an
auction of overlay licenses and an
incentive auction, options that might be
needed to effectuate 900 MHz band
realignment in certain markets. This
proposed action is consistent with the
Commission’s ongoing recent efforts to
increase access to flexible-use spectrum.
DATES: Interested parties may file
comments on or before May 3, 2019, and
reply comments on or before June 3,
2019.
SUMMARY:
You may submit comments,
identified by WT Docket No. 17–200, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• Mail: All hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
Commercial overnight mail (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
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03APP1
]]>Agencies
[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Proposed Rules]
[Pages 12984-12987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06494]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 948
[WV-124-FOR; Docket ID: OSM-2016-0012; S1D1S SS08011000 SX064A000
190S180110; S2D2S SS08011000 SX064A000 19XS501520]
West Virginia Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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[[Page 12985]]
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the West
Virginia permanent regulatory program under the Surface Mining Control
and Reclamation Act (SMCRA or the Act). On June 14, 2016, West Virginia
Department of Environmental Protection (WVDEP) submitted a program
amendment to OSMRE that includes regulatory revisions, authorized under
the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA),
relating to bonding requirements for operations seeking permit
renewals, topsoil, inactive status, and contemporaneous reclamation.
This document gives the times and locations that the West Virginia
program and this proposed amendment to that program 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 p.m.,
Eastern Daylight Time (e.d.t.), May 3, 2019. If requested, we will hold
a public hearing on the amendment on April 29, 2019. We will accept
requests to speak at a hearing until 4 p.m., e.d.t. on April 18, 2019.
ADDRESSES: You may submit comments, identified by WV-124-FOR, 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.
Federal eRulemaking Portal: The amendment has been
assigned the Docket ID OSM-2016-0012. If you would like to submit
comments go to https://www.regulations.gov. Follow the instructions for
submitting comments.
Instructions: All submissions received must include the agency name
and docket number 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
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 and Submission of the Proposed Amendment
By letter dated June 14, 2016, and received by OSMRE on June 21,
2016 (Administrative Record No. WV-1606), WVDEP submitted an amendment
to its permanent regulatory program under SMCRA (30 U.S.C. 1201 et
seq.). The proposed amendment consists of regulatory revisions to West
Virginia's Surface Mining Reclamation Regulations at Code of State
Regulations (CSR) Title 38, Series 2. The full text of the program
amendment is available for you to read at the locations listed above
under ADDRESSES.
Senate Bill No. 357 (SB 357) was adopted by the West Virginia
Legislature on March 3, 2015, and was approved by the Governor on March
12, 2015. On March 25, 2015, WVDEP notified OSMRE of the passage of SB
357 (Administrative Record No. WV-1604). Senate Bill 357 authorized
WVDEP to promulgate several revisions to its Surface Mining Reclamation
Regulations. The bill amended West Virginia Code Sections 22-3-13 and
19 and authorized WVDEP to promulgate revisions to its contemporaneous
reclamation and inactive status regulations.
Committee Substitute for House Bill 117 (HB 117) was passed by the
West Virginia Legislature on June 2, 2016. With the passage of HB 117,
the Legislature authorized a legislative rule filed by WVDEP in the
State Register on July 27, 2015, that includes revisions regarding
contemporaneous reclamation, inactive status and topsoil. In addition,
the Legislature authorized amendments regarding bonding requirements
for permit renewals and incremental bonding for permit renewals. In
accordance with HB 117, WVDEP filed revised regulations with the
Secretary of State on June 10, 2016.
1. CSR 38-2-3.27--Permit Renewals
WVDEP proposes to amend its regulations at CSR 38-2-3.27. As
proposed, once an operation has received a waiver of the permit renewal
requirement, it is exempt from the restriction contained in paragraph
11.4.a.2 regarding changing from full permit bonding to incremental
bonding, and the operation may submit a bonding revision to the
Secretary for approval.
This proposed State revision falls under the Federal provisions at
30 CFR 800.11 and section 509 of SMCRA.
2. CSR 38-2-7.6--Forest land
WVDEP is proposing to amend its Forest land requirements at
subsection 7.6.c, Soil placement and Substitute
[[Page 12986]]
material, by replacing the word topsoil with soil before the word
substitute and after the word volume in subparagraph c.2, adding soil
substitute after the words soil in subparagraph c.3, and deleting the
word soil after the words uniform and minimum in subparagraph 7.6.d.1
relating to Liming and Fertilizing.
These proposed revisions fall under the Federal provisions at 30
CFR 779.21, 780.18, 816/817.71(e), 816/817.22(b), 816/817.22(d), 816/
817.71(e) and 816/817.102(a) and section 515(b)(5) and (b)(6) of SMCRA.
3. CSR 38-2-7.7--Wildlife
WVDEP is proposing to amend its wildlife requirements at subsection
7.7.c, Soil placement and Substitute material, by replacing the word
topsoil with soil before the word substitute and after the word volume
in subparagraph c.2, adding soil substitute after the words soil in
subparagraph c.3, and deleting the word soil after the words uniform
and minimum in subparagraph 7.7.d.1 relating to Liming and Fertilizing.
These proposed revisions fall under the Federal provisions at 30
CFR 779.21, 780.18, 816/817.71(e), 816/817.22(b), 816/817.22(d), 816/
817.71(e) and 816/817.102(a) and section 515(b)(5) and (b)(6) of SMCRA.
4. CSR 38-2-11.4.a.2--Incremental Bonding
The State is proposing to amend its regulations at CSR 38-2-
11.4.a.2. As amended, a proviso was added to this subparagraph which
provides that operations that have received a waiver of the permit
renewal requirements are exempt, and the operation [operator] may
submit a bonding revision to the Secretary for approval.
This proposed State revision falls under the Federal provisions at
30 CFR 800.11 and section 509 of SMCRA.
5. CSR 38-2-14.3--Topsoil
This proposed amendment addresses a conflicting use and
misinterpretation of the terms ``topsoil'', ``topsoil substitute'',
``soil'', and ``soil substitute'' that was apparent in a 30 CFR part
733 review of a petition to OSMRE dated June 24, 2013 (Administrative
Record Number WV-1609). The proposed topsoil revisions include a
reference, in Subsection 14.3.a, to the State's definition of topsoil,
which is already part of the approved State program. This paragraph is
also amended to provide that where the topsoil is less than six inches
thick, topsoil and unconsolidated materials below it may be removed and
treated, in combination, as topsoil. Subsection 14.3.c. would allow the
use of substitutes where it can be shown that the existing topsoil is
inadequate in quality or quantity to support and maintain the approved
postmining land use.
These proposed State revisions fall under the Federal provisions at
30 CFR 816.22 and 817.22 and subsections 515(b)(5) and (b)(6) of SMCRA.
6. CSR 38-2-14.11--Inactive Status
West Virginia seeks to revise its regulations at CSR 38-2-14.11 by
addressing and clarifying the time limits including inactive status
(renewable), bonding requirements, and procedure for inactive status.
The proposed revisions to the State's inactive status requirements
include revisions to subparagraphs 14.11.a.6, d, d.1., d.2., d.3, e, f,
g, and h, and the deletion of subparagraph 14.11.c in its entirety and
portions of subparagraph 14.11.d. The changes include the proposed
elimination of public notice and opportunity for public comment on an
application for inactive status, as well as a proposal to change the
period within which inactive operations must be capable of restarting
from 60 days to 180 days and not allowing the total time for inactive
status to exceed three years. Finally, full cost reclamation bonds for
permits on inactive status will not have to remain in effect for the
life of the operation.
These proposed State revisions fall under the Federal provisions at
30 CFR 816.131 and 817.131 and sections 501, 503, 509, 510, 515 and 516
of SMCRA.
7. CSR 38-2-14.15--Contemporaneous Reclamation, Backfilling and
Grading, Excess Spoil Disposal, Variance
West Virginia also seeks to revise program requirements at CSR 38-
2-14.15 by addressing and clarifying time, distance and acreage
requirements for contemporaneous reclamation standards. It also
clarifies the bonding requirements for a contemporaneous reclamation
variance and a procedure to remove it once the variance is no longer
needed.
WVDEP proposes to revise subparagraph 14.15.b.1 to eliminate the
maximum exceeding acreage requirement of 35 acres, provided that the
requirements stipulated in subparagraphs 14.15.d and 14.15.c.2 are met.
Subparagraph 14.15.b.3 is proposed to be revised to extend the
timeframe within which grading and backfilling is to be completed from
35 to 60 days and to increase the distance for the same activity from
one thousand (1000) feet to one thousand five hundred (1500) feet.
Subparagraph 14.15.b.4 contains a revision to clarify for a stair
step mining approach with multiple steps that the subsequent cut of the
underlying seam occurs within one hundred eighty (180) days from the
initial pit excavation with backfilling and regrading to follow within
one hundred eighty (180) days of removal of the lowest seam in the
operation.
Subparagraphs 14.15.b.5, 14.15.b6.A and 14.15.b.6.B.2 are proposed
to change similar language as addressed in 14.15.b.4. The proposed
revision to subparagraph 14.15.b.6.B.1 seeks to eliminate redundancy,
as this stipulation is already addressed in subparagraph 14.15.b.6.A.
The proposed State revisions regarding contemporaneous reclamation
fall under the Federal provisions at 30 CFR 816.100, 816.101, 816.102,
and subsections 515(b)(16), (c), (d) and (e) of SMCRA.
The proposed State revisions regarding excess spoil disposal fall
under the Federal provisions at 30 CFR 816.71, 816.100, 816.101,
816.102 and subsections 515(b)(16), and (b)(22) of SMCRA.
The proposed State revisions regarding variances fall under the
Federal provisions at 30 CFR 785.14, 785.15, 785.16, 816.100, 816.101,
816.102, and subsections 515(b)(16), (c), (d) and (e) of SMCRA.
8. CSR 38-2-22.3.t.4--Coal Refuse--Abandonment Plan
WVDEP proposes to delete the word ``topsoiling'' near the end of
this requirement. Instead of topsoiling refuse, an operator will cover
fine refuse in an impoundment with coarse refuse or other fill material
prior to it being covered with the non-toxic and non-combustible
material.
The proposed State revision regarding coal refuse disposal
abandonment plans fall under the Federal provisions at 30 CFR
780.25(d), 784.16(d), 816/817.81, 816/817.83, and 816/817.84, and
subsections 515(b)(11), (13), and (f) and 516(b)(5) of SMCRA.
IV. 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, they should be
specific, confined to issues pertinent to the proposed regulations, and
explain the
[[Page 12987]]
reason for any 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 18, 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.
V. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
Pursuant to Office of Management and Budget (OMB) Guidance and
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 12, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial Note: This document was received for publication by
the Office of the Federal Register on March 29, 2019.
[FR Doc. 2019-06494 Filed 4-2-19; 8:45 am]
BILLING CODE 4310-05-P
