[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]
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DEPARTMENT OF THE INTERIOR
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.
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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
methods:
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,
[email protected].
Todd Parfitt, Director, Wyoming Department of Environmental Quality,
Herschler Building, 122 West 25th Street, Cheyenne, Wyoming 82002,
(307) 777-7555, [email protected].
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Telephone: (307)
261-6547. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
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-
Federal
[[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
publications.
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
Review).
[[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]
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