[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Rules and Regulations]
[Pages 43966-43969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21676]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SPATS No. WY-026]
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, the ``Wyoming program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of the revision of statutory provisions
pertaining to research and development testing licenses for coal in
situ processing operations. The amendment was intended to revise the
Wyoming program to be consistent with SMCRA and the corresponding
Federal regulations.
EFFECTIVE DATE: August 27, 1996.
FOR FURTHER INFORMATION CONTACT:
Guy V. Padgett, Director, Casper Field Office, 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
[[Page 43967]]
amendments can be found at 30 CFR 950.12, 950.15, 950.16, and 950.20.
II. Proposed Amendment
By letter dated April 18, 1996, Wyoming submitted a proposed
amendment to its program (administrative record No. WY-32-2) pursuant
to SMCRA (30 U.S.C. 1201 et seq.). Wyoming submitted the proposed
amendment in response to a January 27, 1995, letter from OSM that was
sent in accordance with the Federal regulations at 30 CFR 732.17(c)
(administrative record No. WY-32-1). The provisions of the Wyoming
Environmental Quality Act that Wyoming proposed to revise were: Wyoming
Statute (W.S.) 35-11-426, concerning in situ mineral mining permits and
testing licenses, and W.S. 35-11-431, concerning applications for
research and development testing licenses.
OSM announced receipt of the proposed amendment in the May 10,
1996, Federal Register (61 FR 20773), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. WY-32-7).
Because no one requested a public hearing or meeting, none was held.
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 April 18, 1996, is no less stringent than SMCRA
and no less effective than the corresponding Federal regulations.
Accordingly, the Director approves the proposed amendment.
Public Notice and Performance Standards Applicable to Research and
Development Testing Licenses for Coal In Situ Processing Activities
In accordance with the Federal regulations at 30 CFR 732.17(c), by
letter dated January 27, 1995 (administrative record No. WY-032-1), OSM
required that Wyoming revise its approved program to (1) require public
notice for research and development testing of coal in situ processing
activities and (2) clarify that the underground mining performance
standards apply to coal in situ research and development testing
licenses.
In response to OSM's letter, Wyoming proposed to revise the Wyoming
Environmental Quality Act at Wyoming Statute (W.S.) 35-11-426,
concerning in situ mineral mining permits and testing licenses, and
W.S. 35-11-431, concerning applications for research and development
testing licenses.
Specifically, Wyoming proposed to revise W.S. 35-11-426 (a) and (b)
to clarify that all provisions of the act applicable to surface coal
mining operations apply to coal in situ operations, including research
and development testing licenses, regardless of whether such operations
are connected with existing surface or underground coal mines. In
addition, Wyoming proposed to revise W.S. 35-11-431(a)(vi) to specify
that the public notice requirements applicable to surface coal mining
operations at W.S. 35-11-406 (j) and (k) apply to an application for a
research and development testing license.
The provisions at W.S. 35-11-406 (j) and (k) include, among other
things, (1) the requirement that the applicant provide public notice in
a newspaper of general circulation in the locality of the proposed
mining site once a week for four consecutive weeks, (2) the right of
any interested party to file written objections to the application
within thirty days after the last publication of the notice and request
an informal conference, and (3) Wyoming's obligation to publish notice
of and hold either an informal conference or a public hearing within
twenty days after the final date for filing objections. The provision
at W.S. 35-11-406(k) also specifies that the hearing shall be conducted
in accordance with the Wyoming Administrative Procedure Act with the
right to judicial review.
Chapter XVIII of the Wyoming Coal Rules and Regulations, includes,
among other things, permit application requirements pertaining to coal
in situ mining. Section 5, concerning coal in situ research and
development testing license applications, references the requirements
of W.S. 35-11-431. The Wyoming Coal Rules and Regulations at Chapter
III, Section 3, and Chapter V, Section 5, concerning respectively
permits and performance standards for coal in situ processing
activities, require by reference to Chapters IV and VII, compliance
with applicable performance standards for surface and underground
mining operations.
The Federal regulations at 30 CFR 785.22 require that any
application for a permit for in situ operations shall be made according
to all requirements applicable to underground mining activities and
that the operations shall be conducted in compliance with the
performance standards for in situ mining at 30 CFR Part 828.
Applications for underground mining activities are subject to the
public notice requirements for surface coal mining and reclamation
operations at 30 CFR 773.17 and the performance standards pertaining to
underground mining operations at 30 CFR Part 817.
Because Wyoming's proposed revisions at W.S. 35-11-426 (a) and (b),
concerning in situ mineral mining permits and testing licenses, and
W.S. 35-11-431(a)(vi), concerning applications for research and
development testing licenses, respectively, (1) clarify that the
underground mining operation performance standards apply to coal in
situ research and development testing licenses, and (2) require public
notice for research and development testing of coal in situ processing
activities, the Director finds that proposed W.S. 35-11-426 (a) and (b)
and W.S. 35-11-431(a)(vi), in concert with the existing Wyoming
regulations at Chapters III, V, and XVIII, are no less effective than
the Federal regulations at 30 CFR 773.17, 785.22, 817, and 828,
concerning, among other things, public notice requirements and
applicable performance standards for coal in situ operations. The
Director finds that Wyoming has satisfied the requirements of OSM's
January 27, 1995, 30 CFR 732 letter, and approves Wyoming's proposed
revisions at W.S. 35-11-426 (a) and (b) and W.S. 35-11-431(a)(vi).
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
University of Wyoming.--By letter dated May 10, 1996, the Associate
Dean and Director of the Agricultural Experiment Station, University of
Wyoming, commented that the proposed revisions of W.S. 35-11-426 and
431(a) should not impact research being conducted and should not
present any additional requirements in conducting future research
projects (administrative record No. WY-32-9).
2. Federal Agency Comments
Pursuant to 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.
U.S. Rural Development.--By letter dated April 26, 1996, the Rural
Development, responded that the revisions appeared to be reasonable
(administrative record No. WY-32-8).
U.S. Natural Resources Conservation Service.--By letter dated May
22, 1996,
[[Page 43968]]
the Natural Resources Conservation Service responded that it had no
comments (administrative record No. WY-32-10).
U.S. Geological Survey.--By letter dated May 23, 1996, the
Geological Survey responded that, because the term ``in situ mineral
mining'' may refer to coal bed methane extraction or coal gasification,
a clear definition of ``in situ mineral mining'' would be very helpful
to avoid the possibility of confusion about its meaning (administrative
record No. WY-32-11).
The Federal regulations, at 30 CFR 701.5, define ``in situ
processes'' to mean
Activities conducted on the surface or underground in connection
with in-place distillation, retorting, leaching, or other chemical
or physical processing of coal. The term includes, but is not
limited to, in situ gasification, in situ leaching, slurry mining,
solution mining borehole mining, and fluid recovery mining.
Wyoming, at W.S. 35-11-103(f)(iv), defines ``in situ mining'' to
mean
A method of in-place surface mining in which limited quantities
of overburden are disturbed to install a conduit or well and the
mineral is mined by injecting or recovering a liquid, solid, sludge
or gas that causes the leaching, dissolution, gasification,
liquefaction or extraction of the mineral. In situ mining does not
include the primary or enhanced recovery of naturally occurring oil
and gas or any related process regulated by the Wyoming oil and gas
conservation commission.
Because in situ literally means in-place, it includes any process
for in-place coal extraction. All coal in situ extraction processes
would be required to meet the applicable performance standards.
U.S. Bureau of Land Management.--By letter dated May 28, 1996, the
Bureau of Land Management, Wyoming State Office, responded that it had
no comments (administrative record No. WY-32-13).
U.S. Bureau of Reclamation.--By letter dated June 17, 1996, the
Bureau of Reclamation responded that it had no comments (administrative
record No. WY-32-14).
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.).
None of the revisions that Wyoming proposed to make in its amendment
pertain to air or water quality standards. Nevertheless, OSM requested
EPA's concurrence with the proposed amendment and pursuant to 30 CFR
732.17(h)(11)(i), solicited comments on the proposed amendment
(administrative record No. WY-32-6).
By letter dated May 13, 1996, EPA responded that it had no comments
on the amendment and that it concurred with the proposed revisions
(administrative record No. WY-32-12).
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 No.
WY-32-5). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above finding, the Director approves Wyoming's
proposed amendment as submitted on April 18, 1996.
The Director approves, as discussed in the above finding, revision
of W.S. 35-11-426(a) and (b), concerning rules and regulations
applicable to coal in situ mineral mining permits and testing licenses,
and W.S. 35-11-431(a)(vi), concerning public notice of applications for
coal in situ research and development testing licenses.
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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 25, 1996.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T, part 950 of the Code of Federal Regulations is amended as
set forth below:
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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 (y) to read as
follows:
Sec. 950.15 Approval of regulatory program amendments.
* * * * *
(y) The following statutory provisions, as submitted to OSM on
April 18, 1996, are approved effective August 27, 1996: revision of
W.S. 35-11-426 (a) and (b), concerning in situ mineral mining permits
and testing licenses; and W.S. 35-11-431(a)(vi), concerning
applications for research and development testing licenses.
[FR Doc. 96-21676 Filed 8-26-96; 8:45 am]
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