[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13004-13006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04376]



Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-045-FOR; Docket ID OSM-2013-0002]

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.


SUMMARY: We are 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'' or 
``the Act''). Wyoming proposes both revisions of and additions to its 
coal rules and regulations concerning ownership and control, adds a 
provision concerning variable topsoil depths during reclamation, and 
addresses four deficiencies that were identified by OSM during the 
review of a previous program amendment (WY-038-FOR; Docket ID No. OSM-
2009-0012). Wyoming intends to revise its program to be consistent with 
the corresponding Federal regulations and SMCRA, clarify ambiguities, 
and improve operational efficiency.
    This document gives the times and locations that the Wyoming 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., m.d.t. March 28, 2013. If requested, we will hold a public 
hearing on the amendment on March 25, 2013. We will accept requests to 
speak until 4:00 p.m., m.d.t. on March 13, 2013.

ADDRESSES: You may submit comments by either of the following two 
     Federal eRulemaking Portal: www.regulations.gov. This 
proposed rule has been assigned Docket ID: OSM-2013-0002. If you would 
like to submit comments through the Federal eRulemaking Portal, go to 
www.regulations.gov and follow the instructions.
     Mail/Hand Delivery/Courier: Jeffrey Fleischman, Director, 
Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B 
Street, Casper, Wyoming 82601-1018.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the ``III. Public Comment 
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
    In addition to viewing the docket and obtaining copies of documents 
at www.regulations.gov, you may review copies of the Wyoming program, 
this amendment, a listing of any scheduled public hearings, and all 
written comments received in response to this document, may be obtained 
at the addresses listed below during normal business hours, Monday 
through Friday, excluding holidays. You may also receive one free copy 
of the amendment by contacting OSM's Casper Field Office.

Jeffrey Fleischman, Director, Casper Field Office, Office of Surface 
Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 
11018, 150 East B Street, Casper, Wyoming 82601-1018, (307) 261-6547, 

Todd Parfitt, Director, Wyoming Department of Environmental Quality, 
Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002, 
(307) 777-7555, todd.parfitt@wyo.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307) 
261-6547. Internet: jfleischman@osmre.gov.


I. Background on the Wyoming Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Wyoming Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-

[[Page 13005]]

and non-Indian lands within its borders by demonstrating that its State 
program includes, among other things, ``a State law which provides for 
the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a) (1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Wyoming program on November 26, 1980. You can find background 
information on the Wyoming program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Wyoming program in the November 26, 1980, Federal Register (45 FR 
78637). You can also find later actions concerning Wyoming's program 
and program amendments at 30 CFR 950.12, 950.15, 950.16, and 950.20.

II. Description of the Proposed Amendment

    By letter dated January 8, 2013, Wyoming sent us a proposed 
amendment to its approved regulatory program (Administrative Record 
Docket ID No. OSM-2013-0002) under SMCRA (30 U.S.C. 1201 et seq.). 
Wyoming submitted the amendment to address required rule changes OSM 
identified in a letter to Wyoming dated October 2, 2009, under 30 CFR 
732.17(c). These included changes to Wyoming's rules for ownership and 
control. The amendment also adds a provision concerning variable 
topsoil depths during reclamation and addresses four deficiencies that 
OSM identified in response to Wyoming's formally submitted revegetation 
rule package (WY-038-FOR; Docket ID No. OSM-2009-0012).
    Specifically, Wyoming proposes to amend the Land Quality Division 
Coal Rules and Regulations at Chapter 1, Section 2 (definitions related 
to ownership and control including ``Applicant violator system or 
AVS,'' ``Control or controller,'' ``Notice of violation,'' and ``Own, 
owner or ownership''); Chapter 2, Section 2(a)(i) and (ii) (ownership 
and control permit application information including identification of 
interests and a complete statement of compliance); Chapter 12, Section 
1(a)(viii)-(xiv) (the review process, procedures, and requirements for 
making permit eligibility determinations including: Review of applicant 
and operator information, review of permit history, review of 
compliance history, and related AVS entry requirements); and Chapter 
16, Section 2(h) and (j) (notification requirements related to 
Wyoming's enforcement regulations and AVS entry requirements). Wyoming 
also proposes to add a provision which allows for variable replacement 
depths for topsoil during reclamation at Chapter 4, Section 2(c)(v). 
Lastly, Wyoming addresses four deficiencies that OSM identified in 
response to Wyoming's formally submitted revegetation rule package (WY-
038-FOR; Docket ID No. OSM-2009-0012)) including: Adding the term 
``surface'' back into Wyoming's rules where it had been deleted and 
reinstating the definition of ``Surface coal mining and reclamation 
operations'' at Chapter 1, Section 2(ez) that had been removed from 
Wyoming's rules; adding the 1:24,000 scale requirement for maps that 
are submitted with permit applications back into Wyoming's rules at 
Chapter 2, Section 1(c); adding language to clarify that wildlife 
enhancement is not limited to revegetation efforts at Chapter 2, 
Section 5(a)(viii); and correcting numerous inaccurate citations to 
other sections of Wyoming's rules and regulations. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Wyoming program.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed above (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available in the electronic docket 
for this rulemaking at www.regulations.gov. While you can ask us in 
your comment to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., m.d.t. on 
March 13, 2013. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public; if possible, we will post notices of meetings 
at the locations listed under ADDRESSES. We will make a written summary 
of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 

[[Page 13006]]

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 18, 2013.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2013-04376 Filed 2-25-13; 8:45 am]