[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10236]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
Wyoming Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Wyoming permanent regulatory program (hereinafter, the ``Wyoming
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The amendment consists of proposed statutory changes to the
Wyoming Environmental Quality Act (EQA) pertaining to recovery of costs
and expenses (including attorney's fees) incurred in connection with
administrative and judicial proceedings.
This document sets forth the times and locations that the Wyoming
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and procedures that
will be followed regarding the public hearing, if one is requested.
DATES: Written comments must be received by 4 p.m., m.d.t. June 1,
1994. If requested, a public hearing on the proposed amendment will be
held on May 27, 1994. Requests to present oral testimony at the hearing
must be received by 4 p.m., m.d.t. on May 17, 1994. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the Wyoming program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Casper Field Office.
Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement; 100 East B Street, Room 2128; Casper, WY;
82601-1918. Telephone: (307) 261-5776.
Dennis Hemmer, Director; Wyoming Department of Environmental Quality;
Herschler Building, Fourth Floor West; 122 West 25th Street; Cheyenne,
Wyoming; 82002. Telephone: (307) 777-7758.
FOR FURTHER INFORMATION CONTACT:
Guy V. Padgett, Telephone: (307) 261-5776.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
On November 26, 1980, the Secretary of the Interior conditionally
approved the Wyoming program. General background information on the
Wyoming program, including the Secretary's findings, the disposition of
comments, and conditions of approval of the Wyoming program can be
found in the November 26, 1980, Federal Register (45 FR 78637).
Subsequent actions concerning Wyoming's program and program amendments
can be found at 30 CFR 950.11, 950.12, 950.15, and 950.16.
On January 24, 1994 (59 FR 3513), the Secretary of the Interior
approved with certain exceptions, Wyoming's program amendments
regarding the recovery of costs and expenses, including attorney fees,
incurred in connection with administrative review proceedings under the
Wyoming program. As a result of this decision 30 CFR 950.11(c) was
modified to require Wyoming to revise section 35-11-437 of the Wyoming
Statutes (W.S.) to be consistent with the Federal requirements at
section 525(e) of SMCRA (30 U.S.C. 1275(e)) and 43 CFR 4.1290 through
4.1295 concerning the award of costs and expenses incurred in
connection with administrative and judicial proceedings.
II. Discussion of Proposed Amendment
By letter dated April 13, 1994, (Administrative Record No. WY-27-
01) Wyoming submitted a proposed amendment to its permanent program
pursuant to SMCRA. The Wyoming proposed amendment consists of statutory
changes to the Wyoming Environmental Quality Act (EQA) through Enrolled
Act 4, Original House Bill No. 98 (1994 Budget Session), which was
signed into law on March 16, 1994. Enrolled Act 4 revises 1) W.S. 35-
11-437(f) by amending the introductory language, changing the word
``director'' to ``council,'' and adding the language ``or subsequent
judicial review proceedings;'' 2) W.S. 35-11-437(f)(i) and (iii) by
repealing them in their entirety; and 3) W.S. 35-11-437(g) by repealing
it in its entirety.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Wyoming program.
Written Comments
Written comments should be specific, pertain only to the issue
proposed in this rulemaking, and include explanations in support of the
commentor's recommendations. Comments received after the time indicated
under DATES or at locations other than the Casper Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.d.t. May 17, 1994. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify at the public hearing, the hearing will not
be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to comment have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting at the OSM office listed under for
further information contact. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
Compliance with Executive Order 12866
This proposed rule is exempted from review by the office of
Management and Budget under Executive Order 12866 (Reduction of
Regulatory Burden).
Compliance With Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR parts 730, 731 and 732 have been met.
Compliance With the National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Compliance With the Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 19, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-10236 Filed 4-29-94; 8:45 am]
BILLING CODE 4310-05-M
