[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20773-20775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11292]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 950
[WY-026]
Wyoming Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is
announcing receipt of a proposed amendment to the Wyoming regulatory
program (hereinafter, the ``Wyoming program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of revisions to statutes pertaining to in situ mining. The
amendment is intended to revise the Wyoming program to be consistent
with SMCRA.
DATES: Written comments must be received by 4:00 p.m., m.d.t. June 7,
1996. If requested, a public hearing on the proposed amendment will be
held on June 3, 1996. Requests to present oral testimony at the hearing
must be received by 4:00 p.m., m.d.t. on May 23, 1996.
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 Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, Federal Building, Room 2128, 100 East
``B'' Street, Casper, Wyoming 82601-1918
Dennis Hemmer, Director, Department of Environmental Quality, Herschler
Building--4th Floor West, 125 West
[[Page 20774]]
25th Street, Cheyenne, Wyoming 82002, Telephone: (307) 777-7938
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5824, Internet address:
[email protected]
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 the 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, 950.16, and 950.20.
II. Proposed Amendment
By letter dated April 18, 1996 (administrative record No. WY-32-
02), Wyoming submitted a proposed amendment to its program pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Wyoming submitted the proposed
amendment in response to a January 27, 1995, letter (administrative
record No. WY-32-01) that OSM sent to Wyoming in accordance with 30 CFR
732.17(c). The provisions of the Wyoming Environmental Quality Act that
Wyoming proposes to revise are: Wyoming Statute (W.S.) 35-11-426, in
situ mineral mining permits and testing licenses, and W.S. 35-11-431,
research and development licenses, renewals, and applications.
Specifically, Wyoming proposes to revise W.S. 35-11-426 to read as
follows (italicized words denote proposed additions and words enclosed
in brackets denote proposed deletions):
35-11-426. In situ mineral mining permits and testing licenses.
(a) Any person desiring to engage in situ mineral mining or
research and development testing is governed by this act. [Any
general provisions of the act which are more stringent than the
particular requirements contained in W.S. 35-11-427 through 35-11-
436 shall control for purposes of the regulation of coal in situ
processing activity.]
(b) All provisions of this act applicable to a surface coal
mining operation, as defined in W.S. 35-11-103(e)(xx), shall apply
to coal in situ operations, regardless of whether such operations
are connected with existing surface or underground coal mines,
including research and development testing licenses, in addition to
the requirements of W.S. 35-11-427 through 35-11-436.
Wyoming proposes to revise W.S. 35-11-426 to read as follows:
35-11-431. Research and development license; renewal; application.
(a) A special license to conduct research and development
testing may be issued by the administrator for a one (1) year period
without a permit and may be renewed annually. An application for a
research and development testing license shall be accompanied by a
fee of twenty-five dollars ($25.00) and shall include:
* * * * *
(vi) [Proof of notice and mailing to all persons within one half
(\1/2\) mile of the license area having a valid legal estate of
record] All requirements of W.S. 35-11-406 (j) and (k); and
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.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter'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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
persons listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.d.t. on May 23, 1996. 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. 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 testify 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.
3. Public Meeting
If only one persons 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 by contacting the person
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
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. 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.
3. 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 National Environmental Policy Act of 1969 (42 U.S.C. 4332
(2)(C)).
[[Page 20775]]
4. 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.).
5. 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 that 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 25, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-11292 Filed 5-7-96; 8:45 am]
BILLING CODE 4310-05-M
