Overview
Title
West Virginia Regulatory Program; Correction
Agencies
ELI5 AI
The people who take care of the rules for how people dig stuff out of the ground in West Virginia made a mistake. They are now fixing it by saying, "Oops, we took away some rules we shouldn't have, and we forgot to add some others," so they are putting the correct rules back where they belong.
Summary AI
The Office of Surface Mining Reclamation and Enforcement issued a correction to a previous rule regarding amendments to West Virginia's mining regulations under the Surface Mining Control and Reclamation Act. The initial rule, published on March 18, 2024, had errors, including removing provisions that should not have been deleted and failing to list approved amendments. This correction, effective January 17, 2025, reintroduces the removed provisions and adds missing ones to the official regulations list.
Abstract
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.
Keywords AI
Sources
AnalysisAI
The document titled "West Virginia Regulatory Program; Correction" pertains to an update issued by the Office of Surface Mining Reclamation and Enforcement. This revision aims to rectify previous errors from a regulatory update related to West Virginia's surface mining program. These changes were initially documented in a March 18, 2024, Federal Register entry and later amended on August 28, 2024. However, due to timing discrepancies, these corrections weren't effectively incorporated into the federal regulations until this document dated January 17, 2025.
General Summary
The essence of this legislative document is to correct prior mistakes in amendments affecting West Virginia's surface mining administration. Initially, portions of provisions were inadvertently deleted or misplaced, leading to inconsistencies in the legal documents that govern mining practices within the state. The correction process involves reinstating certain provisions and ensuring that approved amendments are accurately represented in the regulatory framework.
Significant Issues and Concerns
The technical nature of the document introduces complexities, especially for those unfamiliar with regulatory and legal jargon. References to specific legal codes such as "30 CFR 948.12" or "W.Va. Code 22-3-9" can be obscure to a general audience. Furthermore, the document highlights a cumbersome process involving multiple revisions and corrections which may lead to confusion about the necessary and precise changes needed. This situation draws attention to concerns about oversight and transparency within regulatory processes.
Public Impact
For the general public, the direct implications of this document might not be immediately apparent. However, it impacts how mining activities are governed in West Virginia, which can have environmental, economic, and community implications. Proper oversight and regulatory corrections ensure better environmental protection and responsible mining practices. Additionally, it reflects a more disciplined approach to monitoring state amendments under federal law.
Stakeholder Impact
Specific stakeholders such as mining companies, environmental groups, and state regulatory bodies are more directly influenced by these regulatory corrections. For the mining sector, clarity and consistency in regulatory texts enable better compliance and operational planning, potentially avoiding legal challenges or business interruptions. On the other hand, environmental advocates might view these revisions favorably if they enforce stricter environmental obligations.
In conclusion, this document endeavors to correct past errors in regulatory texts concerning surface mining in West Virginia. Despite its technical nature, its implications are significant for ensuring clear and enforceable environmental regulations, impacting both the environment and those engaged in mining activities.
Issues
• The document contains technical regulatory language that may be difficult for non-experts to understand, particularly referring to specific code sections and amendments (e.g., '30 CFR 948.12', 'W.Va. Code 22-3-9', 'CSR 38-2-12.2.d').
• Certain corrections are made to previous amendments which might lead to confusion without clarifying why those amendments were necessary and how the oversight occurred initially.
• The document assumes familiarity with prior Federal Register documents and specific amendments (e.g., 'March 18, 2024, Federal Register document on August 28, 2024'), which could be unclear to stakeholders not closely following past developments.
• There is potential for concern about the process of approving, not approving, and deferring decisions on regulatory amendments without detailed elaboration on the implications for stakeholders.
• The document does not specify potential impacts or consequences on community, environment, or industry stakeholders due to these amendments and corrections.