[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10236]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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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]
BILLING CODE 4310-05-M