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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5628-5629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01131]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[SATS No. WV-118-FOR (partial); Docket ID: OSM-2011-0009; SATS No. WV-
126-FOR; Docket ID: OSM-2019-0012 S1D1S SS08011000 SX064A000 
240S180110; S2D2S SS08011000 SX064A000 245XS501520]

West Virginia Regulatory Program; Correction

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

ACTION: Final rule; correction.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), published a document in the Federal Register on March 18, 
2024, approving in part, and not approving in part, amendments to the 
West Virginia regulatory program (the West Virginia program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
We made an error in the document by overwriting a provision that should 
not have been removed; instead, we should have added a new paragraph 
under the not approved section. Additionally, we did not include a 
provision in the table where our approvals were listed. We published a 
correction to the March 18, 2024, Federal Register document on August 
28, 2024, but because the March 18 revisions had already become 
effective, the amendatory instructions became erroneous and the August 
28, 2024, corrections could not be incorporated into the Code of 
Federal Regulations. This document corrects the final regulations.

DATES: This correction is effective January 17, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Justin Adams, Director, Charleston 
Field Office, Telephone: (304) 977-7177. Email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of errata from our final 
rule published March 18, 2024 (89 FR 19262), FR Doc. 2024-05682, on 
page 19273, columns 2 and 3. We are correcting 30 CFR 948.12 (State 
statutory, regulatory, and proposed program amendment provisions not 
approved) to re-letter subsection (k) as subsection (l), and reinstate 
the version of subsection (k) that existed in the CFR prior to the 
publication of the March 18, 2024 Federal Register document. See also 
89 FR 2133 (Jan. 12, 2024). We are also adding subsection 38-2-12.5.d 
of West Virginia's regulations to the table at 30 CFR 948.15 (Approval 
of West Virginia regulatory program amendments). We had approved its 
deletion from West Virginia's regulations in the March 18, 2024, 
Federal Register, but it was omitted from the table.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mining.

    Accordingly, 30 CFR part 948 is amended by making the following 
correcting amendments:

PART 948--WEST VIRGINIA

0
1. The authority citation for part 948 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

0
2. In Sec.  948.12, revise paragraph (k) and add paragraph (l) to read 
as follows:

Sec.  948.12  State statutory, regulatory, and proposed program 
amendment provisions not approved.

* * * * *
    (k) We are not approving the following portions of provisions of 
the proposed program amendment that West Virginia submitted on May 15, 
2017:
    (1) We are deferring our decision on the deletion of provisions 
from W.Va. Code 22-3-11(g)(2) regarding the development of a long-range 
planning process for the selection and prioritization of sites to be 
reclaimed. We defer our decision until we make a determination on West 
Virginia's related amendment docketed as WV-128-FOR, which relates to 
the complete and accurate listing of all outstanding reclamation 
obligations (including water treatment) on active permits in the State.
    (2) [Reserved]
    (l) We are not approving the following provisions of the proposed 
West Virginia program amendments dated May 2, 2018:
    (1) At W.Va. Code 22-3-9, revisions substituting notice by 
newspaper with notice in a form and manner determined by the Secretary 
which may be electronic.
    (2) At W.Va. Code 22-3-20, revisions substituting notice by 
newspaper with notice in a form and manner determined by the Secretary 
which may be electronic.
    (3) At CSR 38-2-2.37, the removal of the definition ``completion of 
reclamation''.
    (4) At CSR 38-2-12.2.d., the elimination to the existing 
prohibition on bond release for any site specific bonding (i.e., open-
acre bonding) until all coal extraction is completed and the disturbed 
area is completely backfilled and regraded.
    (5) At CSR 38-2-12.2.e., to restructure and revise existing 
approved language in this section and move it to CSR 38-2-12.2.a.4.
    (6) At CSR 38-2-12.2.f., to move, unchanged, this existing language 
to CSR 38-2-12.2.d.
    (7) At CSR 38-2-12.2.g., to move, unchanged, this existing language 
to CSR 38-2-12.2.f.
    (8) At CSR 38-2-12.2.h., to renumber existing CSR 38-2-12.2.h to 
12.2.i. and to insert it as a new CSR 38-2-12.2.h.
    (9) At CSR 38-2-12.4.c., to eliminate an existing 180 day window 
for initiating reclamation operations to reclaim the site in accordance 
with the approved reclamation plan or modification thereof.
    (10) At CSR 38-2-12.5., to delete subsection 12.5 of the West 
Virginia regulations, which directs WVDEP's collection, analysis and 
reporting on sites where bond has been forfeited including, in 
particular, data relating to the water quality of water being 
discharged from forfeited sites.

0
3. In Sec.  948.15, revise the table entry ``April 25, 2011, May 8, 
2018'' to read as follows:

Sec.  948.15  Approval of West Virginia regulatory program amendments.

* * * * *

[[Page 5629]]

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                                     Date of        Citation/description
 Original amendment submission    publication of        of approved
             dates                  final rule           provisions
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                              * * * * * * *
April 25, 2011, May 8, 2018...  March 18, 2024...  CSR 38-2-2.6; 9.3.d;
                                                    11.3.f; 11.4; 11.6;
                                                    12.2.a, 12.5.b, c
                                                    and d; 12.4.a.2.B,
                                                    12.4.b, 4.b.1 and
                                                    4.b.2; 12.4.d;
                                                    14.5.b.
 
                              * * * * * * *
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Thomas D. Shope,
Regional Director, North Atlantic-Appalachian Region.
[FR Doc. 2025-01131 Filed 1-16-25; 8:45 am]
BILLING CODE 4310-05-P
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