Wyoming Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

Wyoming Regulatory Program

agency: Office of Surface Mining Reclamation and Enforcement, Interior.

action: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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summary: OSM is announcing receipt of a second request regarding

required amendments to the Wyoming permanent regulatory program

(hereinafter, the ``Wyoming program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). Wyoming is requesting OSM to

extend the required amendments' time frames at 30 CFR 950.16 (bb)

through (gg), that concern shrub density reclamation standards.

This document set forth the times and locations that the Wyoming

Program and the proposed extension request to that program are

available for public inspection and the comment period during which

interested persons may submit written comments on the proposed

extension request.

dates: Written comments must be received by 4:00 p.m., m.d.t. October

5, 1994.

addresses: Written comments should be mailed or hand delivered to Guy

V. Padgett at the address listed below.

Copies of the Wyoming program, the proposed extension request, 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, Rm. 2128; Casper,

Wyoming 82601-1918. Telephone: (307) 261-5776.

Dennis Hemmer, Director, Wyoming Department of Environmental Quality;

Herschler Bldg., 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.

II. Discussion of Proposed Extension

On February 28, 1994, Wyoming DEQ requested an extension of the

time frames at 30 CFR 950.16 (bb) through (gg) to enter into a

negotiated rule making process (Administrative Record No. WY-26-1). OSM

announced the receipt of this request in the March 21, 1994, Federal

Register (59 FR 13286), and sought public comment on whether the

proposed extension request satisfied the applicable program approval

criteria of 30 CFR 732.15.

Wyoming DEQ has now completed the negotiated rule making process,

only to be notified by the State Attorney General's office that the

proposed rule is in conflict with two sections of existing statutes

[W.S. 35-11-402(b) and (c)] and that conflict prohibits DEQ from

promulgating the rules until the statutes are changed.

In view of this opinion, and on September 1, 1994, the State of

Wyoming, Department of Environmental Quality (DEQ) submitted a second

request to extend the time frames at 30 CFR 950.16(bb) through (gg), as

codified in the January 24, 1994, Federal Register (59 FR 3521), in

order to allow the State time to introduce new statutory changes to the

Wyoming Legislature during the 1995 Legislative Session (Administrative

Record No. WY-26-7). Wyoming DEQ has prepared the required

modifications to the statutory language for submission to the Wyoming

Legislature's Mines and Minerals Committee for sponsorship in a bill to

be introduced during the next Legislative Session which begins in

January 1995.

Wyoming is requesting an extension to November 1995. The State's

request outlines a time line schedule from October 1994 to November

1995. The schedule identifies milestones such as: When the Mines and

Minerals Committee received the proposed statutory changes from DEQ:

submission of the proposed rule to the Land Quality Advisory Board;

introduction to the Legislature for debate; approval by the Governor;

required revisions to the rule based on Statutory changes; required 45

days comment period; Environmental Quality Council hearing; and,

submittal of a formal State Program amendment to OSM in November 1995.

OSM is now considering Wyoming's request to further extend the time

frames and is seeking public comments on whether the proposed extension

can and should be granted.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed extension request satisfies

the applicable program approval criteria of 30 CFR 732.15. If the

extension request is deemed adequate, it will become part of the

Wyoming program.

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.

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 12550) 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.

Russell Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-23248 Filed 9-19-94; 8:45 am]

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