West Virginia Regulatory Program, 13853-13855 [2019-06826]
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<![CDATA[
13853
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules
implemented (or maintain) the systems
and processes required to handle 5F–
ADB, 5F–AMB, 5F–APINACA, ADB–
FUBINACA, MDMB–CHMICA or
MDMB–FUBINACA. Therefore, the DEA
anticipates that this proposed rule will
impose minimal or no economic impact
on any affected entities; and thus, will
not have a significant economic impact
on any of the 14 affected small entities.
Therefore, the DEA has concluded that
this proposed rule will not have a
significant effect on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., the DEA has
determined and certifies that this action
would not result in any Federal
mandate that may result ‘‘in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted for inflation) in any one year
* * *.’’ Therefore, neither a Small
Government Agency Plan nor any other
action is required under UMRA of 1995.
Reporting and recordkeeping
requirements.
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information under the
Paperwork Reduction Act of 1995. 44
U.S.C. 3501–3521. This action would
not impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
For the reasons set out above, the DEA
proposes to amend 21 CFR part 1308 as
follows:
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b) unless otherwise noted.
2. In § 1308.11, add paragraphs (d)(73)
through (78) and remove and reserve
paragraphs (h)(6) through (11) to read as
follows:
■
§ 1308.11
*
Schedule I.
*
*
(d) * * *
*
*
(73) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F–ADB; 5F–MDMB–
PINACA). .............................................................................................................................................................................................
(74) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (Other names: 5F–AMB) .................................
(75) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F–APINACA, 5F–AKB48) .....................
(76)
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide
(Other
names:
ADB–
FUBINACA) .........................................................................................................................................................................................
(77) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB–CHMICA,
MMB–CHMINACA) ............................................................................................................................................................................
(78) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB–FUBINACA) .......
*
*
*
*
*
Dated: April 2, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–06853 Filed 4–5–19; 8:45 am]
BILLING CODE 4410–09–P
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule with public
comment period and opportunity for
public hearing on proposed amendment.
jbell on DSK30RV082PROD with PROPOSALS
AGENCY:
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
SUMMARY:
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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
PO 00000
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7033
7049
7010
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7020
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
https://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
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Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules
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
jbell on DSK30RV082PROD with PROPOSALS
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
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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.
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Fmt 4702
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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
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jbell on DSK30RV082PROD with PROPOSALS
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules
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.
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.
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.
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.
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
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16:27 Apr 05, 2019
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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.
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]
13855
The Department of Defense
(DoD) proposes an amendment to the
TRICARE regulation. Specifically, this
proposed rule will allow coverage of
otherwise authorized physical therapy
(PT), occupational therapy (OT), and
speech therapy (ST) for TRICARE
beneficiaries when such services are
prescribed by an authorized TRICARE
Allied Health Professional acting within
the scope of their license.
DATES: Written comments received at
the address indicated below by June 7,
2019 will be accepted.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
number and title, by either of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Department of Defense, Office
of the Chief Management Officer,
Directorate for Oversight and
Compliance, Regulatory and Advisory
Committee Division, 4800 Mark Center
Drive, Mailbox #24, Suite 08D09,
Alexandria, VA 22350–1700.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Amber Butterfield, Defense Health
Agency, TRICARE Health Plan, Medical
Benefits and Reimbursement Division,
(303) 676–3565.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–05–P
I. Executive Summary and Overview
A. Purpose of the Regulatory Action
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD–2017–HA–0058]
RIN 0720–AB71
TRICARE: Prescribing of Physical
Therapy, Occupational Therapy, and
Speech Therapy by Other Allied Health
Professionals Acting Within the Scope
of Their License
Office of the Secretary,
Department of Defense.
ACTION: Proposed rule.
AGENCY:
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This proposed rule will permit
coverage of services prescribed by
TRICARE-authorized individual allied
health professionals for PT, OT, and ST.
The current language of Title 32 Code of
Federal Regulations (CFR),
§ 199.4(c)(3)(x) states that PT, OT, and
ST may be cost-shared when services
are prescribed and monitored by a
physician, certified physician assistant,
or certified nurse practitioner. In
addition, 32 CFR 199.6(c)(3)(iii)(K)(2)
currently states that the services of other
individual paramedical providers, such
as licensed registered PT, OT, and ST,
can be considered for benefits on a feefor-service basis only if the beneficiary
E:\FR\FM\08APP1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
