Wyoming Regulatory Program

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]

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