Government Issues Correction to Correct Their Correction Correction
Published Date: 1/17/2025
Rule
Summary
The Office of Surface Mining fixed some mistakes they made in their March 2024 update to West Virginia’s mining rules. They put back a rule they accidentally removed and added a missing approval to the official list. These corrections take effect January 17, 2025, so West Virginia mining companies and regulators can be sure the rules are clear and accurate.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Reinstated CFR Subsection; Decision Deferred
On January 17, 2025, OSMRE reinstated the prior version of 30 CFR 948.12(k) and re-lettered the later paragraph to (l). The reinstated (k) defers the decision on deleting provisions in W.Va. Code 22-3-11(g)(2) about long-range planning for site reclamation until OSMRE decides on the related docket WV-128-FOR.
Multiple May 2, 2018 WV Amendments Not Approved
Effective January 17, 2025, OSMRE listed specific West Virginia amendments dated May 2, 2018 that it is not approving (30 CFR 948.12(l)). The not-approved items include proposed substitution of newspaper notice with electronic notice at W.Va. Code 22-3-9 and 22-3-20; removal of the definition "completion of reclamation" at CSR 38-2-2.37; changes related to bond release timing and several CSR 38-2-12.2 renumbering/movements; removal of a 180-day window for initiating reclamation at 38-2-12.4.c.; and deleting CSR 38-2-12.5 regarding WVDEP reporting on forfeited sites.
Correction Adds 38-2-12.5.d To Approval Table
OSMRE corrected the approvals table at 30 CFR 948.15 on January 17, 2025 by adding CSR 38-2-12.5.d to the listed approved amendments (entry for April 25, 2011 and May 8, 2018 as published March 18, 2024). OSMRE states it had approved deletion of 38-2-12.5.d in the March 18, 2024 document but omitted it from the CFR table, and this correction restores that listing.
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