Wyoming Regulatory Program

DEPARTMENT OF THE INTERIOR <SUBAGY>Office of Surface Mining Reclamation and Enforcement</SUBAGY> <CFR>30 CFR Part 950</CFR> <DEPDOC>[SATS No. WY-053-FOR; Docket ID: OSM-2024-0003; S1D1S SS08011000 SX064A000 234S180110; S2D2S SS08011000 SX064A000 23XS501520]</DEPDOC> <SUBJECT>Wyoming Regulatory Program</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Surface Mining Reclamation and Enforcement, Interior. <HD SOURCE="HED">ACTION:</HD> Proposed rule; public comment period and opportunity for public hearing on proposed amendment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Wyoming coal regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On September 13, 2022, the Wyoming Environmental Quality Council approved a number of revisions to the Wyoming Land Quality Division Coal Rules and Regulations which comprise the Wyoming program. This document gives the times and locations that the Wyoming program and this 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> We will accept written comments on this amendment until 4 p.m., Mountain Daylight Time (M.D.T.), August 29, 2024. If requested, we may hold a public hearing or meeting on the amendment on August 26, 2024. We will accept requests to speak at a hearing until 4 p.m., M.D.T., on August 14, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments, identified by SATS No. WY-053-FOR, by any of the following methods: • <E T="03">Mail/Hand Delivery:</E> OSMRE, Attn: Jeffrey Fleischman, P.O. Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602. • <E T="03">Fax:</E> (307) 261-6552. • <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E> Follow the instructions for submitting comments. <E T="03">Instructions:</E> All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” heading of the <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <E T="03">Docket:</E> For access to the docket to review copies of the Wyoming program, this amendment, a listing of any scheduled public hearings or meetings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE's Casper Field Office or the full text of the program amendment is available for you to read at <E T="03">www.regulations.gov.</E> Attn: Jeffrey Fleischman, Field Office Director, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email: <E T="03">jfleischman@osmre.gov.</E> In addition, you may review a copy of the amendment during regular business hours at the following location: Attn: Kyle Wendtland, Administrator, Wyoming Department of Environmental Quality, Land Quality Division, 200 West 17th Street, Suite 10, Cheyenne, Wyoming 82002, Telephone: (307) 777-7046, email: <E T="03">kyle.wendtland@wyo.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Jeffrey Fleischman, Field Office Director, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 82602, telephone: (307) 261-6550, email: <E T="03">jfleischman@osmre.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <EXTRACT> <FP SOURCE="FP-2">I. Background on the Wyoming Program</FP> <FP SOURCE="FP-2">II. Description of the Proposed Amendment</FP> <FP SOURCE="FP-2">III. Public Comment Procedures </FP> <FP SOURCE="FP-2">IV. Procedural Determinations</FP> </EXTRACT> <HD SOURCE="HD1">I. Background on the Wyoming Program </HD> 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 and non-Indian lands within its borders by demonstrating that its approved State program includes, among other things, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. 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 conditions of approval of the Wyoming program in the November 26, 1980 <E T="04">Federal Register</E> at 45 FR 78637. You can also find later actions concerning the Wyoming program and program amendments at 30 CFR 950.10. <HD SOURCE="HD1">II. Description of the Proposed Amendment </HD> By letter dated May 17, 2024, and electronically transmitted May 20, 2024 (Docket ID No. OSM-2024-0003), Wyoming sent us an amendment to its program under SMCRA (30 U.S.C. 1201 <E T="03">et seq.</E> ). We found Wyoming's proposed amendment administratively complete on May 23, 2024. On September 13, 2022, the Wyoming Environmental Quality Council approved a number of revisions to the Wyoming Land Quality Division Coal Rules and Regulations which comprise the Wyoming program. Specifically, Chapter 10 was revised to: make corrections to statutory citations contained in the section which relate to the filing of objections to coal exploration operations; include corrections to references to statute subsections that were repealed; and include suggested grammatical and organizational revisions from the Attorney General's Office. Additionally, Chapter 13 was revised to: make corrections to statutory citations, similar to Chapter 10 above; amend the decision-making process for permit revision applications, timelines for decision making, notice requirements and other procedural adjustments to comply with the statutory changes to Wyoming Statute (W.S.) 35-11-406 (Senate File 0044); and include suggested grammatical and organizational revisions from the Attorney General's Office. The full text of the program and/or plan amendment is available for you to read at the locations listed above under <E T="02">ADDRESSES</E> or at <E T="03">www.regulations.gov.</E> <HD SOURCE="HD1">III. Public Comment Procedures </HD> 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 State program. <HD SOURCE="HD2">Electronic or Written Comments </HD> If you submit written or electronic comments on the proposed rule during the 30-day comment period, 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 <E T="02">DATES</E> ) or sent to an address other than those listed (see <E T="02">ADDRESSES</E> ) will be included in the docket for this rulemaking and considered. <HD SOURCE="HD2">Public Availability of Comments </HD> 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 at any time. 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. <HD SOURCE="HD2">Public Hearing </HD> If you wish to speak at the public hearing, contact the person listed under <E T="02">FOR FURTHER INFORMATION CONTACT</E> by 4 p.m., M.D.T. on August 14, 2024. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under <E T="02">FOR FURTHER INFORMATION CONTACT</E> . 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 a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of their 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. <HD SOURCE="HD2">Public Meeting </HD> 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> . All such meetings ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 12k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━