[Federal Register Volume 60, Number 178 (Thursday, September 14, 1995)]
[Rules and Regulations]
[Pages 47699-47701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22864]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 950
Wyoming Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Wyoming
regulatory program (hereinafter referred to as the ``Wyoming program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
Wyoming proposed revisions to its mining statute pertaining to
procedures for notifying surface land owners, oil and gas well owners,
and oil and gas lease holders, of proposed coal mining operations where
the land, well, or lease is situated within or near the permit area in
question. The amendment is intended to reduce the costs of the Wyoming
program while retaining consistency with the corresponding Federal
regulations and SMCRA.
EFFECTIVE DATE: September 14, 1995.
FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
5824.
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 June 2, 1995, Wyoming submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
WY-30-01). Wyoming submitted the proposed amendment at its own
initiative. The provision of the Environmental, Quality Act that
Wyoming proposed to revise is: Wyoming Statute (WS) 35-11-406(j),
public notice procedures for permit applications.
OSM announced receipt of the proposed amendment in the June 14,
1995, Federal Register (60 FR 31265), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. WY-30-10).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on July 14, 1995.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 732.15 and 732.17, finds that the proposed program amendment
submitted by Wyoming on June 2, 1995, is no less stringent than SMCRA.
Accordingly, the Director approves the proposed amendment.
At WS 35-11-406(j), Wyoming provides (in part) requirements for
mailing copies of the notice of a permit application to surface owners,
operators of oil and gas wells, and lessees of record of oil and gas
leases. The State proposes to revise these requirements by: (1)
Clarifying that such mailings need to be done only for ``* * * initial
applications or additions of new lands * * *''; (2) deleting the
requirement that the notice be mailed to oil and gas operators or
holders of oil and gas leases; (3) adding a requirement that the
applicant shall mail a copy of the mining plan map to the Wyoming Oil
and Gas Commission; and (4) adding a requirement that a ``sworn
statement'' of the mailing of the mining plan map become part of the
application.
SMCRA, at Section 507(b)(6)--Application Requirements, requires
that at the time of submission of an application, a copy of an
advertisement that describes location and boundaries of the proposed
cooperation, to be published in a local paper, be included in the
application. Section 513--Public Notice and Public Hearings,
additionally requires such an advertisement for a permit revision as
well and further requires that the regulatory authority notify various
local government bodies, planning agencies, etc. in the locality of the
proposed surface mining.
SMCRA does not require an applicant to mail a copy of the newspaper
notice to surface owners, gas or oil operators, or oil and gas lease
holders. The proposed modifications to Wyoming's statute would provide
for public notice requirements that go beyond the Federal program
requirements. Further, these requirements are not in conflict with or
inconsistent with SMCRA. The Director is therefore approving them.
IV. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public Comments
OSM invited public comments on the proposed amendment. None were
received.
2. Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the Wyoming program.
The Mine Safety and Health Administration (MSHA), (Denver,
Colorado) responded that the amendment does not appear to conflict with
any current MSHA regulations. (administrative record No. WY-30-09).
The Bureau of Land Management (BLM) expressed concern that the oil
and gas operators or lessees would not be notified on new permits or
where lands are added. The agency noted that occasionally conflicts
between development of the two minerals (coal and oil/gas) have been
encountered. BLM opposes the change to the present language unless
there will be some mechanism in place for the Wyoming
[[Page 47700]]
Oil and Gas Commission to notify Operators of any potential conflict.
(administrative record No. WY-30-11).
The State agency responsible for the issuance of oil and gas
permits is the Wyoming Oil and Gas Commission. Notification by the
State regulatory authority, to such agencies who have authority to
issue licenses and permits, is required by the Federal program. Those
agencies having knowledge of existing or potential conflicts within
their areas of jurisdiction are responsible for submitting comments
and/or taking other appropriate actions to avoid or resolve any
conflicts. As discussed in the finding, the requirement to notify
individual operators or lease holders of gas and oil interests goes
beyond the requirements of the Federal program. OSM cannot require
standards beyond those of the Federal program. However, if such
standards are proposed by a State and are not in conflict or
inconsistent with Federal Program requirements, they can be approved.
The U.S. Army Corps of Engineers responded that it found the
changes to be satisfactory. (Administrative record No. WY-30-12).
The Mine Safety and Health Administration (Arlington, Virginia)
responded that the amendment has no apparent impact upon miners' health
and safety and that MSHA jurisdiction does not extend into State
administrative requirements for reclamation permit applicants' public
notices. (administrative record No. WY-30-13).
3. Environmental Protection Agency (EPA) Concurrence and Comments
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit
the written concurrence of EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
On June 7, 1995, OSM solicited EPA's comments on the proposed
amendment (administrative record No. WY-30-06). even though none of the
revisions that Wyoming proposed to make in its amendment pertain to air
or water quality standards. EPA did not respond to OSM's request.
4. State Historic Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP (administrative record Nos.
WY-30-04 and WY-30-03). The Wyoming Department of Commerce, Division of
Cultural Resources (SHPO) responded on June 13, 1995, that it had no
objections provided that OSM follows the procedures established in
accordance with Section 106 of the National Historic Preservation Act
and Advisory Council regulations at 36 CFR 800. As a Federal agency,
OSM is obligated to follow the above requirements. (administrative
record No. WY-30-08). The ACHP did not respond to OSM's request.
V. Director's Decision
Based on the above finding, the Director approves Wyoming's
proposed amendment at WS 35-11-406(j), concerning public notice
procedures for permit applications, as submitted on June 2, 1995.
The Federal regulations at 30 CFR part 950, codifying decisions
concerning the Wyoming program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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 the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
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: September 5, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 950--WYOMING
1. The authority citation for part 950 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 950.15 is amended by adding paragraph (w) to read as
follows:
Sec. 950.15 Approval of amendments to the Wyoming regulatory program.
* * * * *
[[Page 47701]]
(w) revisions to WS 35-11-406(j) concerning public notice
procedures for permit applications, as submitted to OSM on June 2,
1995, are approved effective September 14, 1995.
[FR Doc. 95-22864 Filed 9-13-95; 8:45 am]
BILLING CODE 4310-05-M
