EPA to Approve Surface Mine Changes

EPA has announced that it has received from West Virginia the proposed revisions to its coal mining program involving the special reclamation tax, payment for sites where bonds have been forfeited, storm water runoff analyses, and other changes. Information about the proposed rule changes follows.

We are announcing receipt of a proposed amendment to the West
Virginia regulatory program (the West Virginia program) under the
Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). West Virginia is submitting a proposed amendment to revise
its Code of State Regulations (CSR) and the West Virginia Code, as
contained in Committee Substitutes for Senate Bills 373 and 751. The
proposed amendment covers a variety of issues including, but not
limited to, statutory changes involving the special reclamation tax,
the creation of alternative programs for the purpose of paying for the
reclamation of forfeited sites including water treatment where
required, and incremental bonding.
Other provisions include regulatory revisions relating to public
notice of permit applications, incidental boundary revisions, permit
issuance findings, inspection of certain impoundments, reclamation of
natural drainways subsequent to sediment pond removal, storm water
runoff analysis,
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contemporaneous reclamation standards regarding excess spoil fills and
bonding of certain types of excess spoil fills, and effluent limits and
bond releases on remining operations.
In addition, most blasting provisions have been removed from the
State's Surface Mining Reclamation Regulations at Title 38 CSR 2 and
will now only be found in the State's Surface Mining Blasting Rule at
Title 199 CSR 1.
On June 16, 2008, OSM published in a separate Federal Register
notice, an interim approval of the State's alternative bonding
provisions at section 22-3-11 of the West Virginia Surface Coal Mining
and Reclamation Act (WVSCMRA) that specifically relates to the special
reclamation tax and the creation of the Special Reclamation Water Trust
Fund. OSM will accept comments on all other provisions of the program
amendment pursuant to this proposed rule notice.
DATES: We will accept written comments until 4 p.m., EDT August 7,
2008. If requested, we will hold a public hearing on August 4, 2008. We
will accept requests to speak until 4 p.m., EDT on July 23, 2008.