West Virginia Regulatory Program

We are approving, on an interim basis, an 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). West Virginia revised its Surface Coal Mining and Reclamation Act to effect changes concerning the special reclamation tax and other issues. The tax provisions of the amendment are intended to increase and extend the special reclamation tax, and create the Special Reclamation Water Trust Fund for the purpose of designing, constructing and maintaining water treatment systems on forfeited sites. We are approving the reinstatement of the seven cents per ton special reclamation tax, its increase to seven and four-tenths cents per ton, as well as the creation of the Special Reclamation Water Trust Fund, on an interim basis, with our approval becoming effective upon publication of this interim rule.