[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20773-20775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11292]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 950

[WY-026]


Wyoming Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of a proposed amendment to the Wyoming regulatory 
program (hereinafter, the ``Wyoming program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of revisions to statutes pertaining to in situ mining. The 
amendment is intended to revise the Wyoming program to be consistent 
with SMCRA.

DATES: Written comments must be received by 4:00 p.m., m.d.t. June 7, 
1996. If requested, a public hearing on the proposed amendment will be 
held on June 3, 1996. Requests to present oral testimony at the hearing 
must be received by 4:00 p.m., m.d.t. on May 23, 1996.

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 Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, Federal Building, Room 2128, 100 East 
``B'' Street, Casper, Wyoming 82601-1918
Dennis Hemmer, Director, Department of Environmental Quality, Herschler 
Building--4th Floor West, 125 West

[[Page 20774]]

25th Street, Cheyenne, Wyoming 82002, Telephone: (307) 777-7938

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5824, Internet address: 
[email protected].

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 April 18, 1996 (administrative record No. WY-32-
02), Wyoming submitted a proposed amendment to its program pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). Wyoming submitted the proposed 
amendment in response to a January 27, 1995, letter (administrative 
record No. WY-32-01) that OSM sent to Wyoming in accordance with 30 CFR 
732.17(c). The provisions of the Wyoming Environmental Quality Act that 
Wyoming proposes to revise are: Wyoming Statute (W.S.) 35-11-426, in 
situ mineral mining permits and testing licenses, and W.S. 35-11-431, 
research and development licenses, renewals, and applications.
    Specifically, Wyoming proposes to revise W.S. 35-11-426 to read as 
follows (italicized words denote proposed additions and words enclosed 
in brackets denote proposed deletions):

35-11-426. In situ mineral mining permits and testing licenses.
    (a) Any person desiring to engage in situ mineral mining or 
research and development testing is governed by this act. [Any 
general provisions of the act which are more stringent than the 
particular requirements contained in W.S. 35-11-427 through 35-11-
436 shall control for purposes of the regulation of coal in situ 
processing activity.]
    (b) All provisions of this act applicable to a surface coal 
mining operation, as defined in W.S. 35-11-103(e)(xx), shall apply 
to coal in situ operations, regardless of whether such operations 
are connected with existing surface or underground coal mines, 
including research and development testing licenses, in addition to 
the requirements of W.S. 35-11-427 through 35-11-436.

    Wyoming proposes to revise W.S. 35-11-426 to read as follows:

35-11-431. Research and development license; renewal; application.
    (a) A special license to conduct research and development 
testing may be issued by the administrator for a one (1) year period 
without a permit and may be renewed annually. An application for a 
research and development testing license shall be accompanied by a 
fee of twenty-five dollars ($25.00) and shall include:
* * * * *
    (vi) [Proof of notice and mailing to all persons within one half 
(\1/2\) mile of the license area having a valid legal estate of 
record] All requirements of W.S. 35-11-406 (j) and (k); and

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.

1. Written Comments

    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.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
persons listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
m.d.t. on May 23, 1996. 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. 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 testify 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.

3. Public Meeting

    If only one persons 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 by contacting the person 
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

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 National Environmental Policy Act of 1969 (42 U.S.C. 4332 
(2)(C)).

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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: April 25, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-11292 Filed 5-7-96; 8:45 am]
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