[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53203-53208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25553]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SPATS No. WY-028-FOR]


Wyoming Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving an amendment to the Wyoming regulatory program under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Wyoming 
proposed revisions to and additions of rules for fish and wildlife 
habitat and resource information, shrub density, certification of maps 
by a registered professional engineer, geologic descriptions, topsoil 
substitutes, special bituminous coal mines, archaeological and historic 
resources, permit transfers, civil penalties, and miscellaneous changes 
to Appendix A of Wyoming's rules, which concern vegetations sampling 
methods and reclamation success standards for surface coal mining 
operations.
    Wyoming intends to revise its program to be consistent with the 
corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: October 1, 1999.

.FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307-261-6550; 
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. You can find background information on 
the Wyoming program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval 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 950.12, 
950.15, 950.16 and 950.20.

II. Submission of the Proposed Amendment

    By letter dated July 13, 1998, (Administrative Record No. WY-33-1), 
Wyoming sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.). Wyoming's amendment was in response to a December 23, 1985 
letter that we sent to Wyoming in accordance with 30 CFR 723.17(c) and 
in response to the required program amendments at 30 CFR 950.16(b), 
(c), (g), (v), (x), (ii)(1), and (kk), and on its own initiative. The 
provisions of its ``Coal Rules and Regulations'' that Wyoming proposed 
to revise and add are: (1) Chapter 1, Section 2(ac), revises the 
definition of ``eligible land''; (2) Chapter 1, Section 2(v) revising 
the definition of critical habitat, (3) Chapter 2, Section 1(e), 
revises the section delineating the contents of permit applications; 
(4) Chapter 2, Section 2(a)(vi)(G)(II), for notification of the U.S. 
Fish and Wildlife Service; (5) Chapter 2, Section 1(a)(vi)(H), geology 
description; (6) Chapter 2, Section 2(a)(vi)(J), corrects incorrect 
references to the Wyoming Statutes; (7) Chapter 2, Section 
2(a)(vi)(J)(II), for maps submitted in a permit application; (8) 
Chapter 2, Section 2(b)(iv)(C), the subsection on revegetation; (9) 
Chapter 2, Section 2(b)(vi)(C), for the submission of resource 
information; (10) Chapter 4, Section 2(c)(ix), for the use of selected 
spoil material; (11) Chapter 4, Section 2(d)(x)(E)(I), the rule on 
shrub density; (12) Chapter 4, Section 2(d)(x)(E)(III), the rule for 
revegetation standards on crucial habitat; (13) Chapter 8, Sections 3-
4-5, the rules for special bituminous coal mines; (14) Chapter 12, 
Section 1(a)(iv)(B), rules for properties on the National Register of 
Historic Places; (15) Chapter 12, Section 1(a)(v)(C), the rule on 
permitting procedures for properties listed or eligible for listing on 
the National Register of Historic Places; (16) Chapter 12, Section 
1(b)(ii), the rule on procedures for permit transfers; (17) Chapter 16, 
Section 3(c) and (f), rules concerning civil penalties; (18) Appendix 
A, Appendix IV, rules for Threatened and Endangered Species in Wyoming; 
(19) Appendix A, Options I-IV, for minor changes to the shrub density 
option tables; (20) Appendix A, Section II.C.2.c, corrects the cross-
reference to the rule on cropland, hayland or pastureland; (21) 
Appendix A, Section II.C.3, removes the language referring to the 
approval of the shrub density rule and replaces it with the August 6, 
1996 date of the rule's

[[Page 53204]]

approval; and (22) Appendix A, Section VIII.E, also removes the 
language referring to the approval of the shrub density rule and 
replaces it with the August 6, 1996 date of that rule's approval.
    We announced receipt of the amendment in the July 29, 1998, Federal 
Register (63 FR 40384). In the same document we opened the public 
comment period and provided an opportunity for a public hearing or 
meeting on its substantive adequacy, and invited public comment on the 
adequacy of the amendment. Because no one requested a public meeting or 
hearing, we did not hold one. The public comment period closed on 
August 28, 1998.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment. As discussed 
below we find that the proposed program amendment submitted by Wyoming 
on July 13, 1998, is no less effective than the corresponding Federal 
regulations. Accordingly, we approved the amendment.

1. Nonsubstantive Revisions to Wyoming's Rules and Statute

    Wyoming proposes revisions to the following previously-approved 
rules and statutes that are nonsubstantive in nature and consist of 
minor, non-substantive changes (corresponding Federal regulation 
provisions are listed in parentheses):
    A. Chapter 1, Section 2 (ac); Chapter 4, Section 2(d)(x)(E)(I); 
Appendix A, Section II.C.3; Section VIII.E; (no Federal counterparts)--
[adds date of approval of shrub density rule].
    This revision replaces the reference to the approval of the shrub 
density rule with the August 6, 1996 date of approval of that rule.
    B. Chapter 2, Section 1(e) and Section 2(b)(iv)(c), deletes 
reference to the defunct State Conservation Commission (no Federal 
counterpart).
    The State Conservation Commission has been disbanded and replaced 
by the State Board of Agriculture. However, this Board does not make 
recommendations for standards and specifications for mine reclamation 
as did the former State Conservation Commission. Therefore reference to 
the Commission has been proposed for deletion by the State.
    C. Chapter 16, Section 3(c) and (f), corrects reference to the 
Wyoming Statute concerning Civil Penalties (no Federal counterpart).
    The reference to the Wyoming Environmental Quality Act in both of 
the rules noted above is proposed for revision because it no longer 
references the appropriate statute. Article 9 of the Act was modified 
by Wyoming's 1995 Legislature. Many of the provisions within W.S. 35-
11-901 were repealed from that subsection and moved into a new 
subsection numbered 35-11-902, entitled ``Surface Coal Mining 
operations; violations of provisions, penalties.'' The changes proposed 
above now correctly reference Article 9.
    D. Appendix A, Section II.C.2.c; corrects cross reference from 
shrub density to cropland standard (no Federal counterpart).
    This revision changes the incorrect cross-reference from the shrub 
density standard on eligible coal mined lands, 2(d)(x)(E), to the 
reclamation requirements for cropland, 2(d)(x)(I).
    E. Appendix A, Options I-IV, fifteen minor changes to shrub density 
option tables (no Federal counterpart); Wyoming's Land Quality Division 
(LQD) held a workshop for industry representatives and consultants on 
September 30 and October 1, 1996 to discuss and describe the newly 
adopted shrub density standard for coal operators. As part of this 
discussion, several errors, inconsistencies and improvements were 
identified. These figures have therefore been proposed for revision to 
correct the errors and improve the readability of the information.
    Because the proposed revisions to these previously-approved rules 
are nonsubstantive in nature, we find that they are no less effective 
than the Federal regulations and we therefore approve them.

2. Chapter 1, Section 2(v), Definition of Critical Habitat

    In the August 6, 1996 Federal Register, we approved Wyoming's rule 
definition of ``critical habitat'' at Chapter I, section 2(v) but 
recommended that Wyoming delete references to the Secretary of Commerce 
and to the Department of Commerce regulations at 50 CFR part 226 
(finding No. 3 61 FR 40735, 40736). OSM recommended this change because 
the Secretary of Commerce has jurisdiction over marine mammals which 
has no relevance to the State of Wyoming since Wyoming has no marine 
mammals.
    In this proposed rule definition, Wyoming deleted these references.
    We find that Wyoming's revised rule definition of ``critical 
habitat'' at chapter I, section 2(v) is no less effective than the 
Federal regulations at 30 CFR 780.16(a) and (b), 816.997(b), and 
817.97(b). We approve the revised definition.

3. Chapter 2, Section 2(a)(vi)(G)(II), Notification of FWS if Critical/
Crucial Habitat Destruction Is Likely

    In the August 6, 1996 Federal Register notice, we required Wyoming 
to clarify that the U.S. Fish and Wildlife Service (USFWS) will be 
contacted by the Administrator of the LQD in the event that habitat 
declared to be ``critical'' is threatened by any mining related 
activity. (Finding No. 10, 61 FR 40741)
    In the proposed rule Wyoming clarifies that the U.S. Fish and 
Wildlife Service shall be contacted if critical habitat destruction is 
likely.
    We find that Wyoming's proposed rule clarification at Chapter 2, 
Section 2(a)(vi)(G)(II) is no less effective than the Federal 
regulations at 30 CFR 780.16(a) and (a)(2)(i). We approve the revision.

4. Chapter 2, Section 2(a)(vi)(H), Description of Areal and Structural 
Geology in the Permit Application

    In a final rule Federal Register notice dated July 25, 1990 
(finding No. 2, 55 FR 30221, 30223), we approved Wyoming's revisions to 
counterparts to 30 CFR 780.22(b)(1) and 784.22(b)(1) relating to 
geologic permitting information. However, we required that Wyoming 
amend its rules to mandate that the geologic description include areal 
and structural geology of the permit and adjacent areas, and other 
parameters which influence the required reclamation and the occurrence, 
availability, movement, quantity, and quality of potentially impacted 
surface and ground water. This requirement was codified at 30 CFR 
Sec. 950.16(b).
    In the proposed rule Wyoming added the required language.
    In addition to the above, Wyoming is proposing to add the words 
``by extrapolation'' before the words ``adjacent areas.'' This change, 
which has no counterpart in the Federal rule, is being proposed to make 
it clear that a mining operator may use drilling information from 
within the permit area to extrapolate out to adjacent areas in order to 
describe the geology of the adjacent areas in the event that legal 
access to these areas for drilling purposes is not available. This 
provision does not relieve companies from using existing information to 
characterize adjacent areas or conduct field investigations of surface 
water characteristics outside the permit area if needed. This provision 
only alleviates the need to drill outside the permit area

[[Page 53205]]

in situations where permission for access cannot be obtained. Because 
the Federal regulations at 30 CFR 780.22(b)(2) and 784.22(b)(2) only 
require the results of drilling from within the permit area, the 
State's use of the phrase, ``by extrapolation'' is no less effective 
than the Federal requirement.
    In addition to the above, the phrase ``prepared or certified by a 
licensed professional geologist'' has also been added to this rule. 
This was recommended by the Wyoming State Geologist because the 
recently-adopted Wyoming Geologists Practice Act requires that the 
geologic reports in these descriptions must be prepared or certified by 
a licensed professional geologist. Subsection 33-41-102 of the Wyoming 
Geologists Practice Act provides a definition for the ``practice of 
geology before the Public''. This definition includes ``preparation of 
geologic reports and maps, the inspection of geological work and the 
responsible supervision of geological services or work, the performance 
of which is relevant to public welfare or the safeguard of life, 
health, property and the environment.''
    Wyoming proposed several other provisions to this rule. The first 
is the addition of the phrase ``or other qualified professional (as 
required by W.S. Secs. 33-41-101 through 121).''
    Wyoming also proposed adding several additional words to this rule. 
The term ``adversely'' is proposed to be added to modify ``affected'' 
and ``by mining'' has been added after ``affected.'' Both changes are 
intended to make it clear that the detailed geologic description only 
needs to include the aquifer below the lowest coal seam to be mined if 
that aquifer is clearly going to be adversely affected by mining. 
Wyoming's rule at Chapter 2, Section 2(a)(vi)(H) is no less effective 
than the Federal regulations at 30 CFR 780.22(b)(1) and 784.22(b)(1). 
We approve the proposed rule.

5. Chapter 2, Section 2(a)(vi)(J), Corrects References to Wyoming 
Statutes; Adds ``Licensed Professional Geologist''

    Wyoming's proposal corrects two references to the Wyoming Statutes 
cited in the above rule. Subsection 33-29-111 was renumbered to 33-29-
139 during the 1987 Wyoming Legislative session and Subsection 9-3-1402 
was renumbered to 9-2-802 during 1982 Legislative session. However, 
Statute 9-2-802 was repealed by the 1997 Legislature and replaced by 
the Wyoming Geologists Practice Act. This Act consists of subsections 
33-41-101 through 33-41-121.
    The phrase ``licensed professional geologist'' is also proposed to 
be inserted into this rule to make it clear that these types of maps 
and cross-sections of the area affected within the permit can now also 
be certified by a registered professional geologist as allowed by the 
new Act. The authority for including this additional choice for 
certification is also provided in subsections 33-41-102(a)(viii) and 
33-41-104(a)(iii) of the Wyoming Geologists Practice Act.
    The Federal counterpart for this rule is 30 CFR 779.25, which 
provides that such maps and plans can also be prepared by professional 
geologists. We find that Wyoming's proposed rule is no less effective 
than the Federal rule and approve the revision.

6. Chapter 2, Section 2(a)(vi)(J)(II), Strike and Dips of Coal Seams in 
Permit Application Maps

    As part of the July 25, 1990 Federal Register (finding 3, 55 FR 
30221), we required that Wyoming amend its rules at Chapter II, Section 
3(a)(vi)(C)(II) to require that maps and cross sections show the strike 
and dip of the coal seam to be mined. This proposed rule has previously 
been reorganized and recodified as Chapter 2, Section 2(a)(vi)(J)(II), 
and Wyoming added the required language.
    We find that Wyoming's revised Chapter 2, Section 2(a)(vi)(J)(II) 
is no less effective than the Federal regulations at 30 CFR 
Secs. 779.25(a)(4) and 783.25(a)(4). We approve the revised rule.

7. Chapter 2, Section 2(b)(vi)(c), Submission of Resource Information 
When Requested by the U.S. Fish and Wildlife Service

    In a 30 CFR Section 732 letter dated November 7, 1988, we required 
Wyoming to modify its program at Chapter II, Section 3(b)(iv). Wyoming 
consequently reorganized and recodified this rule as Chapter 2, Section 
2(b)(vi)(C) to state that, if the appropriate U.S. Fish and Wildlife 
Service (USFWS) office wishes to review specific fish and wildlife 
resource information and the proposed protection and enhancement plan 
contained in a permit application, the Division will provide this 
information to the USFWS within ten days of receipt of such a request. 
Wyoming's proposal includes revision to Chapter 2, Section 2(b)(vi)(C) 
adding the required provision.
    We find that Wyoming's revision is no less effective than the 
Federal regulation at 30 CFR 780.16(c) and 784.21(c) and therefore 
approve it.

8. Chapter 4, Section 2(c)(ix), Use of Selected Spoil as a Topsoil or 
Subsoil Substitute

    The Federal regulations at 30 CFR 816.22(b) state that selected 
overburden materials may be substituted for, or used as a supplement to 
topsoil if the operator demonstrates to the regulatory authority that 
the resulting soil medium is equal to, or more suitable for sustaining 
vegetation than, the existing topsoil, and the resulting soil medium is 
the best available in the permit area to support vegetation. 30 CFR 
780.18(b)(4) requires that a demonstration of the suitability of 
topsoil substitutes or supplements be based upon analysis of the 
thickness of soil horizons, total depth, texture, percent coarse 
fragments, pH, and areal extent of the different kinds of soils. The 
regulatory authority may require other chemical and physical analyses, 
field-site trials, or greenhouse tests if determined to be necessary or 
desirable to demonstrate the suitability of the topsoil substitutes or 
supplements.
    The proposed State rule limits the use of topsoil substitutes or 
supplements to those situations where there is insufficient volume of 
suitable topsoil or subsoil for salvage and redistribution. While 
Wyoming's proposed rule does not include counterparts to the Federal 
requirements to identify the thickness or areal extent of different 
kinds of soil substitutes, this does not adversely affect its ability 
of the State to determine that the proposed topsoil substitute or 
supplement is equal to, or more suitable for sustaining vegetation and 
is the best available in the permit area to support vegetation. As 
proposed, the Wyoming rule at chapter 4, Section 2(c)(ix) is consistent 
with and no less effective than the Federal regulations at 30 CFR 
780.18(b)(4) and 816.22(b). We approve the proposed rule.

9. Chapter 4, Section 2(d)(x)(e)(III), Approval Authority of Wyoming's 
Game and Fish Department for Revegetation Standards on Crucial Habitat 
Declared as Such Prior to Submittal of a Permit Application

    In the August 6, 1996 Federal Register (FR 40738), we required 
Wyoming to revise its rules at Chapter 4, section 2(d)(x)(E)(III) to 
require Wyoming Game and Fish Department approval of revegetation 
standards for grazing land that was designated by the Wyoming Game and 
Fish Department as crucial habitat prior to submittal of the initial 
permit application or any subsequent amendments to the permit 
application.

[[Page 53206]]

    Wyoming has added a requirement to Chapter 4, section 
2(d)(x)(e)(III) to require Wyoming Game and Fish Department approval of 
revegetation standards for grazing land that was designated by the 
Wyoming Game and Fish Department as crucial habitat prior to submittal 
of the initial permit application or any subsequent amendments to the 
permit application. This addition meets the requirements of 30 CFR 
950.16(ii)(1) and is no less effective than its counterpart at 30 CFR 
816.116. We approve the proposed rule.

10. Chapter 8, Section 3-4-5, Special Alternative Standards for 
Existing and New Special Bituminous Coal Mines; General Performance 
Standards

    Section 527 of SMCRA addresses the performance standards for 
special bituminous coal surface mines. Wyoming meets the criteria 
specified in Section 527; therefore it is authorized to issue separate 
regulations for its special bituminous coal surface mines located west 
of the 100th meridian west longitude. 30 CFR 825 of the Federal 
regulations further specifies that ``special bituminous coal mines in 
Wyoming, as specified in section 527 of SMCRA, shall comply with the 
approved State program, including Wyoming statutes and regulations, and 
revisions thereto.''
    The Wyoming standards for backfilling and grading the mine pit area 
and spoil piles associated with a new special bituminous coal mine are 
currently provided in Chapter 8 through cross-referencing to Section 
2(b) in Chapter 4. However, during the December, 1992 reorganization of 
the LQD rules into specific Coal and Noncoal sets, the rule additions 
being proposed here at Section 4(a)(i) through (iv) were inadvertently 
excluded from applying to new special bituminous coal mines.
    In order to rectify this omission, this rule is proposed for 
amendment into Chapter 8. These rules are the same as currently found 
in Chapter III, Section 2(b) of the LQD Noncoal rules, with one 
exception. The phrase ``or that greater slopes would enhance the 
postmining land use'' has not been incorporated into the amended 
language for Chapter 8. This phrase, which does exist in the Noncoal 
rules at Section 2(b)(ii), was originally incorporated into the LQD 
rules on December 5, 1988. The inclusion of this phrase was then 
submitted to us for approval on December 13, 1988. We subsequently 
disapproved the addition of this phrase in the December 26, 1989 
Federal Register (54 FR 52958) because it was not part of the rules 
originally intended to apply to new special bituminous mines and 
therefore could not be applied to new special bituminous mines.
    This proposed Wyoming rule also adds a reference to Section 4 
within the renumbered Section 5. General Performance Standards. Section 
4, Special Alternative Standards for New Special Bituminous Coal Mines, 
must be included in Section 5 to make it clear that a new special 
bituminous mine shall also comply with the performance standards 
contained in SMCRA and Chapter 4 to the extent that such performance 
standards do not preclude the benefit intended under the special 
alternative regulations contained in either Section 3 or 4 of Chapter 
8. The proposed Wyoming rule is no less effective than the Federal rule 
and we approve it.

11. Chapter 12, Section 1(a)(iv)(B), Effective on Properties on the 
National Register of Historic Places Must Be Taken Into Account Prior 
to Permit Approval

    In a final rule Federal Register notice dated October 29, 1992 (57 
FR 48984, 48988), we found Wyoming's proposed rule at Chapter XIII, 
Section 1(a)(v) to be less effective than the Federal regulations to 
the extent that it did not include a finding for properties listed on 
the National Register of Historic Places. (This rule has been 
previously recodified as Chapter 12, Section 1(a)(iv)(B)). 
Consequently, we asked Wyoming to revise its rules at Chapter 12, 
Section 1(a)(iv)(B) by including findings for properties listed on the 
National Register of Historic Places as required in 30 CFR 
773.15(c)(11). In response to this required amendment, Wyoming proposes 
to revise its rule by adding the additional language set forth above.
    In addition, partly in response to comments from the Wyoming State 
Historic Preservation Office, the State has added the word 
``properties'' to modify ``eligible'' and to make it clear that these 
properties must also be taken into consideration.
    The symbol for subsection (Sec. ) is also proposed for insertion 
into the rule at Chapter 12, Section 1(a)(iv)(B) to maintain consistent 
style.
    We find the Wyoming revision to be no less effective than 30 CFR 
773.15(c)(11) and therefore approve it.

12. Chapter 12, Section 1(a)(v)(C), Permitting Procedures

    In the July 25, 1990 Federal Register (55 FR 30221, 30227-28), we 
required Wyoming to revise its rules at Chapter XIII, Section 
1(a)(v)(C) to reinstate the word ``any'' in front of the phrase 
``places included in the National Register of Historic Places'' because 
its deletion did not assure that privately and publicly-owned 
properties listed on the National Register of Historic Places would be 
protected from disturbance by mining. Wyoming reinstated the word 
``any''. This rule has been previously reorganized and recodified as 
Chapter 12, Section 1(a)(v)(C).
    In addition, Wyoming proposed adding the word ``where'' to replace 
``which'' to make the rule more understandable, along with the addition 
of the word ``mining.'' These proposed changes also make the 
introductory portion of this rule identical to the introductory portion 
of the counterpart Federal rule at 30 CFR Sec. 761.11(c).
    In response to a suggestion by the Wyoming State Historic 
Preservation Office, Wyoming included properties eligible for listing 
on the National Register along with properties listed to be taken into 
consideration when determining whether surface coal mining would be 
prohibited or limited if mining were to adversely affect any of these 
properties.
    We find Wyoming's proposed revision to be no less effective than 
the Federal regulations at 30 CFR 761.H(C) and therefore approve it.

13. Chapter 12, Section 1(b)(ii), Delete Reference to some Public 
Participation Requirements for Permit Transfers

    Wyoming proposes to add a provision to Chapter 12, Section 1(b)(ii) 
that permit transfers shall not be subject to the requirements of WS-
35-11-406(g). This provision had required a determination of 
completeness for permit transfers and other procedural steps not 
required by the Federal provisions. We find that the proposed revision 
is no less effective than 30 CFR 774.17 and therefore approve it.

14. Appendix A, Appendix IV, Revises Rules by Adding and Deleting 
Plants to the List of Threatened and Endangered Species in Wyoming

    Wyoming is proposing revision to Appendix IV within Appendix A for 
plant species of special concern. The existing list in Appendix IV is 
out-of-date and will continually be out-of-date because new plants and 
new populations of existing plants will be discovered in the future. We 
brought this to Wyoming's attention in our March 8, 1996 comment letter 
and by comments from the Bureau of Land Management in the August 6, 
1996 Federal Register notice. Rather than attempt to keep this list up-
to-date, the State is proposing to provide in this

[[Page 53207]]

Appendix only those species listed as threatened, endangered, or 
eligible for such listing by the U.S. Fish and Wildlife Service. This 
listing is necessary because operators are required by Chapter 2, 
Section 2(a)(vi)(C)(III), to describe the location of any State or 
Federally listed endangered or threatened plant species occurring 
within or adjacent to the permit area. Consequently, it is important 
that the plant species currently listed by the U.S. Fish and Wildlife 
Service be available to coal operators.
    Wyoming will consult with the U.S. Fish and Wildlife Service on an 
annual basis to determine whether the list included in this Appendix 
needs to be updated. If there are new threatened or endangered species 
listed by the U.S. Fish and Wildlife Service that need to be added to 
this list, this will be accomplished through formal rulemaking. Formal 
rulemaking will also be initiated if a plant species needs to be 
removed from this Appendix because it has been delisted by the U.S. 
Fish and Wildlife Service.
    The other plants currently appearing on this list and now proposed 
for removal include those plants considered to be of special concern in 
Wyoming, but not formally classified as threatened or endangered by the 
State. Rather than attempt to keep this list up-to-date through 
rulemaking, Wyoming is proposing to consult with all state entities 
that have current data on plant species that are of special concern in 
Wyoming. This information will be compiled and updated annually if 
necessary by the Land Quality Division and be made available to the 
public upon completion. When possible, this compiled summary will be 
updated and made available to the public prior to the summer field 
sampling season. There is no Federal counterpart to this appendix and 
the revision is not inconsistent with Federal regulations. We therefore 
approve it.

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that we received, and our responses to them.

1. Public Comments

    We invited public comments on the proposed rule but didn't receive 
any (Administrative Record No. WY-33-01).

2. Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), we solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Wyoming program (administrative record No. 
WY-33-05).
    The U.S. Department of Agriculture responded on July 23, 1998 that 
``we want to commend the Wyoming Department of Environmental Quality 
staff on the amount of effort that has gone into the changes dealing 
with geologic descriptions, certification of maps and cross sections, 
National Register of Historic Places, topsoil substitutes, revegetation 
and wildlife. The language appears acceptable'' (administrative record 
No. WY-33-07).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), we are required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed 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.). In reply to our 
July 20, 1998 request for comments, James Dunn of the EPA, in a 
September 1, 1998 letter (Administrative Record No. WY-33-13) concurred 
with the modifications proposed in the amendment.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), we solicited comments on the 
proposed amendment from the ACHP and SHPO. (administrative record No. 
WY-33-03, WY-33-04). Neither the SHPO nor the ACHP responded to OSM's 
request.

V. Director's Decision

    Based on the above findings, we approve Wyoming's proposed 
amendment as submitted on July 13, 1998.
    We approve, as discussed in: Finding No. 1, miscellaneous 
citations, concerning nonsubstantive revisions to Wyoming's rules; 
finding No. 2, Chapter 1, Section 2(v), concerning the definition of 
critical habitat; finding No. 3, Chapter 2, Section 2(a)(vi)(G)(II), 
concerning the notification of the Fish and Wildlife Service if 
critical or crucial habitat destruction is likely; finding No. 4, 
Chapter 2, Section 2(a)(vi)(H), concerning the description of areal and 
structural geology in the permit application; finding No. 5, correcting 
the references to Wyoming Statutes and adding ``licensed professional 
geologist;'' finding No. 6, concerning strikes and dips of coal seams 
in permit application maps; finding No. 7, Chapter 2, Section 
2(b)(vi)(c), concerning the submission of resource information when 
requested by the U.S. Fish and Wildlife Service; finding No. 8, Chapter 
4, Section 2(c)(ix), concerning use of selected spoil as a topsoil or 
subsoil substitute; finding No. 9, Chapter 4, Section 2(d)(x)(E)(III), 
concerning approval authority of Wyoming's Game and Fish Department for 
revegetation standards on crucial habitat declared as such prior to 
submittal of a permit application; finding No. 10, Chapter 8, Section 
3-4-5, concerning special alternative standards for existing and new 
special bituminous coal mines and the general performance standards; 
finding No. 11, Chapter 12, Section 1(a)(iv)(B), concerning taking into 
account prior to permit approval the effect on properties listed on the 
National Register of Historic Places; finding No. 12, Chapter 12, 
Section 1(a)(v)(C), concerning permitting procedures; finding No. 13, 
Chapter 12, Section 1(b)(ii), concerning the deletion of the reference 
to public participation requirements for permit transfers; finding No. 
14, Appendix A, Appendix IV, concerning the revision of rules by adding 
and deleting plants to the list of Threatened and Endangered Species in 
Wyoming.
    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 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 us. Under sections 503 and 505 of SMCRA (30 
U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR

[[Page 53208]]

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 
we previously promulgated 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: September 20, 1999.
Brent Wahlquist,
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 in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 950.15  Approval of Wyoming regulatory program amendments

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/descripton
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
July 13, 1998.................  10-1-99..........  Chapter 1, Section
                                                    2(ac); Chapter 1,
                                                    Section 2(v);
                                                    Chapter 2, Section
                                                    1(e); Chapter 2,
                                                    Section
                                                    2(a)(vi)(G)(II);
                                                    Chapter 2, Section
                                                    2(a)(vi)(H); Chapter
                                                    2, Section
                                                    2(a)(vi)(J); Chapter
                                                    2, Section
                                                    2(a)(vi)(J)(II);
                                                    Chapter 2, Section
                                                    2(b)(iv)(C); Chapter
                                                    2, Section
                                                    2(b)(vi)(C); Chapter
                                                    4, Section 2(c)(ix);
                                                    Chapter 4, Section
                                                    2(d)(x)(E)(I);
                                                    Chapter 4, Section
                                                    e(d)(x)(E)(III);
                                                    Chapter 8, Sections
                                                    3-4-5; Chapter 12,
                                                    Section 1(a)(iv)(B);
                                                    Chapter 12, Section
                                                    1(a)(v)(C); Chapter
                                                    12, Section
                                                    1(b)(ii); Chapter
                                                    16, Sections 3 (c)
                                                    and (f); Appendix A,
                                                    Appendix IV;
                                                    Appendix A, Options
                                                    I-IV; Appendix A,
                                                    Section II.C.2.c;
                                                    Appendix A, Section
                                                    II.C.3; Appendix A,
                                                    Section VIII.E.
------------------------------------------------------------------------

Sec. 950.16  [Amended]

    3. Section 950.16 is amended by removing and reserving paragraphs 
(b), (c), (g), (v), (x), (ii)(1), and (kk).

[FR Doc. 99-25553 Filed 9-30-99 8:45 am]
BILLING CODE 4310-05-M