Wyoming Permanent Regulatory Program

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]

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