[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23248]


[[Page Unknown]]

[Federal Register: September 20, 1994]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4310-05-M