[Federal Register Volume 60, Number 178 (Thursday, September 14, 1995)]
[Rules and Regulations]
[Pages 47699-47701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22864]



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


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.

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

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]
BILLING CODE 4310-05-M