Wyoming Regulatory Program, 66309-66316 [2019-26132]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Rules and Regulations]
[Pages 66309-66316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26132]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No: WY-046-FOR; Docket ID: OSM-2014-0007; S1D1S SS08011000 
SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]


Wyoming Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Wyoming regulatory program 
(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 valid existing 
rights and individual civil penalties, as well as ownership and control 
provisions. Wyoming also proposes to revise a provision concerning 
periodic monitoring of blasting. Wyoming revised its program to address 
deficiencies we previously identified, which are now consistent with 
the corresponding Federal regulations and SMCRA.

DATES: The effective date is January 3, 2020.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Chief, Denver 
Field Division, Telephone: 307-261-6550, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program
II. Submission of the Proposed Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews

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 and non-Tribal lands within its borders by demonstrating that 
its 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 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. Submission of the Proposed Amendment

    By letter dated September 30, 2014 (Administrative Record Docket ID 
No. OSM-2014-0007), Wyoming sent OSMRE an amendment to its program 
under SMCRA. Wyoming submitted the amendment to address deficiencies 
that OSMRE previously identified during its review of Wyoming's program 
related to valid existing rights determination requests, as discussed 
more fully below, and individual civil penalties (WY-044-FOR; Docket ID 
No. OSM-2013-0001) and ownership and control (WY-045-FOR; Docket ID No. 
OSM-2013-0002) amendments. The amendment also revises a provision about 
periodic monitoring of blasting in response to a concern that the 
Casper Area Office identified during its annual oversight review of the 
Wyoming program.
    We announced receipt of the proposed amendment in the November 12, 
2014, Federal Register (79 FR 67116). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy (Administrative Record 
Document ID No. OSM-2014-0007). OSMRE did not hold a public hearing or 
meeting, as neither were requested. The public comment period ended on 
December 12, 2014. We received comments from two Federal agencies 
(discussed below in section ``IV. Summary and Disposition of 
Comments''.

III. OSMRE's Findings

    The following are the findings we made about the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below.

A. Minor Revisions to Wyoming's Rules

    Wyoming proposed minor grammatical changes to several previously 
approved rules. Wyoming did not propose any substantive changes to the 
text of these regulations. Because the proposed revisions to these 
previously approved rules are minor and result in no substantive 
changes to the Wyoming program, we are approving the changes and find 
that they are no less effective than the corresponding Federal 
regulations at 30 CFR parts 700 through 887. The specific, minor 
revisions to the Code of Wyoming Rules and the Federal regulation 
counterparts are as follows:
     Chapter 1, Section 2(co), related to Notice of violation, 
[30 CFR 701.5];
     Chapter 2, Section 2(a)(ii)(A)(II), related to 
Adjudication Requirements, [30 CFR 778.14(a)(2)];
     Chapter 2, Section 2(a)(ii)(B), related to Adjudication 
Requirements, [30 CFR 778.14(c)];
     Chapter 6, related to Blasting for Surface Coal Mining 
Operations, [30 CFR 816.61 and 817.61]
     Chapter 12, Section 1(a)(vii)(A), related to VER 
submission requirements and procedures, [30 CFR 761.16(b)];
     Chapter 12, Section 1(a)(vii)(B)(IV), related to VER 
submission requirements and procedures,[30 CFR 761.16(c)(4)];
     Chapter 12, Section 1(a)(vii)(E), related to VER 
submission requirements and procedures, [30 CFR 761.16(f)];
     Chapter 12, Section 1(a)(x), related to VER submission 
requirements and procedures, [30 CFR 773.12];
     Chapter 12, Section 1(a)(xiv)(D)(II), related to VER 
submission requirements and procedures, [30 CFR 774.11(g)(2)];
     Chapter 16, Section 2(h), related to Enforcement, [30 CFR 
774.12a]; and

[[Page 66310]]

     Chapter 16, Section 4(c)(i), related to Individual Civil 
Penalties, [30 CFR 846.14(a)(1)].

B. Revisions to Wyoming's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

1. Minor Wyoming Additions and Revisions That Mirror SMCRA and the 
Federal Regulations
    Wyoming proposes additions and revisions to several regulations 
containing language that is the same as or substantially similar to the 
corresponding sections of the Federal regulations and/or SMCRA. 
Therefore, we are approving them.
    In particular, Wyoming is revising Chapter 6, Section 4(b)(i)(A); 
Blasting for Surface Coal Mining Operations; Blasting Standards, after 
OSMRE identified an inconsistency in this provision in its Annual 
Oversight Report for Evaluation Year 2013. Wyoming's revision makes the 
provision consistent with the corresponding language at 30 CFR 
816.67(b)(2)(i).
    The specific citations to Wyoming additions and revisions that have 
the same meaning as the corresponding provisions of the Federal 
regulations, along with the applicable Federal counterpart, are as 
follows:
     Chapter 2, Section 2(a)(ii)(A)(I); Permit Application 
Requirements; adjudication requirements and statement of compliance; 
[30 CFR 778.14(a)(1)];
     Chapter 6, Section 4(b)(i)(A); Blasting for Surface Coal 
Mining Operations; Blasting Standards; periodic monitoring of blasting; 
[30 CFR 816.67(b)(2)(i)];
     Chapter 12, Section 1(a)(x)(D)(I); Permitting Procedures; 
unanticipated events or conditions at remining sites; [30 CFR 
773.13(a)(2)]; and
     Chapter 16, Section 4(c)(i)(A); Individual Civil 
Penalties; amount of civil penalty; [30 CFR 846.14(a)(1)].
2. Chapter 1, Section 2(aa); Definition of ``Control or Controller''
    In a letter to Wyoming dated October 2, 2009, OSMRE identified 
several required rule changes under 30 CFR 732.17(c) (``732 letter'') 
concerning ownership and control. Item A.2 of the 732 letter required 
Wyoming to adopt a State counterpart to the Federal definition of 
``Control or Controller'' at 30 CFR 701.5 (OSMRE's 2000 Rule, 65 FR 
79852, 79594 (Dec. 19, 2000) and OSMRE's 2007 Rule, 72 FR 68000, 68003 
(December 3, 2007)).
    In response, Wyoming proposed to define the term ``Control or 
Controller'' at Chapter 1, Section 2(aa) in a previous rulemaking 
action (WY-045-FOR) as a State counterpart to the Federal regulations 
at 30 CFR 701.5. OSMRE replied in a letter dated April 9, 2013, 
(Administrative Record Document ID. No. WY-50-09) that in order to 
maintain consistency with its own rules and be no less effective than 
the corresponding Federal regulations at 30 CFR 701.5, Wyoming must 
include the term ``surface'' in its newly proposed definition of 
``Control or Controller'' at Chapter 1, Section 2(aa). In addition, we 
required Wyoming to reinsert the phrase ``For Surface Coal Mining 
Operations'' in the title for Chapter 2 that was simply entitled, 
``Permit Application Requirements.'' As a result, we did not approve 
Wyoming's newly proposed rule at Chapter 1, Section 2(aa) in a December 
7, 2017, Federal Register document (82 FR 57664, 57668).
    In response, Wyoming now proposes to include the term ``surface'' 
in its newly proposed definition of ``Control or Controller'' at 
Chapter 1, Section 2(aa). In addition, Wyoming reinserts the phrase 
``For Surface Coal Mining Operations'' in the title for Chapter 2 
concerning permit application requirements. Wyoming's proposed 
revisions are consistent with and no less effective than the 
corresponding Federal regulations at 30 CFR 701.5. Accordingly, we are 
approving the aforementioned rule changes.
3. Chapter 2, Section 2(a)(i)(B); Providing Permit History Information
    Item K.3 of OSMRE's October 2, 2009, 732 letter instructs the 
reader to ``See LQD [Land Quality Division] Rules and Regulations, 
Chapter 1, Section 2 and Chapter 2, Section 2'' about counterpart rules 
to the Federal requirements for providing applicant and operator permit 
history information at 30 CFR 778.12. The 732 letter indicates that the 
requirement for an applicant to provide the permit history information 
for the operator was newly added in OSMRE's 2000 rule, and it was 
constructed from provisions in previous 30 CFR 778.13.
    In response, Wyoming proposed in a previous rulemaking action (WY-
045-FOR) to revise its rules at Chapter 2, Section 2(a)(i)(B), to 
require permit applicants to identify additional organizational members 
in an application for a surface coal mining permit, including owners of 
record of ten (10) percent or more of the business entity in question, 
as required under 30 CFR 778.11(b).
    Wyoming's proposed rule at Chapter 2, Section 2(a)(i)(B), includes 
counterpart provisions to 30 CFR 778.11(b)(1)-(3). In addition, the 
counterpart language to 30 CFR 778.11(b)(4) was found in proposed 
subsection (D). As a result, OSMRE determined that the language in 
these provisions, taken together, are consistent with and no less 
effective than the Federal regulations at 30 CFR 778.11(b). However, 
Wyoming's existing rule language in subsection (B) warranted the 
inclusion of additional clarifying language to be consistent with and 
no less effective than both the Federal counterpart rule at 30 CFR 
778.12(a) and its rule language in subsection (F) regarding operator's 
permit history information. Consequently, we did not approve Wyoming's 
proposed revisions to Chapter 2, Section 2(a)(i)(B), and we published 
that decision in a December 7, 2017, Federal Register document (82 FR 
57664, 57668).
    In response, Wyoming now proposes to further revise subsection (B) 
by providing additional language that requires permit applicants to 
provide permit history information for the operator. Specifically, 
Wyoming proposes to revise Chapter 2, Section 2(a)(i)(B), to be 
consistent with the Federal regulations at 30 CFR 778.12(a) by 
requiring that a complete identification of interests must include a 
list of all the names under which the applicant, the applicant's 
partners or principal shareholders, and the operator and the operator's 
partners or principal shareholders operates or previously operated a 
surface coal mining operation in the United States within the five 
years period preceding the date of submission of the application. Based 
on the discussion above, we find that Wyoming's newly proposed rule at 
Chapter 2, Section 2(a)(i)(B), is consistent with and no less effective 
than the counterpart Federal regulations at 30 CFR 778.12(a), and 
satisfies the requirement specified in Item K.3 of OSMRE's October 2, 
2009, 732 letter. Accordingly, we approve it.
4. Chapter 12, Section 1(a)(vii)(F); Availability of Records
    In a letter to Wyoming dated April 2, 2001, OSMRE identified 
several required rule changes under 30 CFR 732.17(c) concerning valid 
existing rights. Item G-4 of the 732 letter required Wyoming to submit 
State counterpart provisions to 30 CFR 761.16(g) about availability of 
records requirements.
    In response, Wyoming proposed to revise its rules at Chapter 12, 
Section 1(a)(vii)(F), in a previous rulemaking action (WY-040-FOR) by 
requiring that the Division or agency responsible for processing a 
valid existing rights (VER)

[[Page 66311]]

request must make a copy of the request and related materials available 
to the public. OSMRE subsequently did not approve proposed subsection 
(F) in a February 14, 2013, Federal Register document (78 FR 10512, 
10517) because Wyoming did not specify in the heading that the rule 
pertains to ``Availability of records'' and did not provide counterpart 
language to the Federal requirements in 30 CFR 761.16(g) explaining 
that, in addition to the VER request and related materials, records 
associated with any subsequent VER determination must also be made 
available to the public. As a result, we required Wyoming to revise its 
proposed rule language at Chapter 12, Section 1(a)(vii)(F), by making 
the aforementioned changes.
    In response to the February 14, 2013, Federal Register document, 
Wyoming proposed to further revise its rules at Chapter 12, Section 
1(a)(vii)(F), by specifying that the rule pertains to ``Availability of 
records'' (WY-044-FOR). Wyoming also proposed language explaining that, 
in addition to the valid existing rights request and related materials, 
records associated with any subsequent valid existing rights 
determination under subsection (D) of its rules shall be made available 
to the public in accordance with the requirements and procedures of 
W.S. section 35-11-1101. Once again, OSMRE did not approve proposed 
subsection (F) in a March 31, 2014, Federal Register document (79 FR 
17863, 17865). In that document, OSMRE stated that while referenced 
statute, W.S. section 35-11-1101, satisfies some of the requirements of 
30 CFR 840.14, it fails to satisfy all of them. In particular, OSMRE 
explained that 30 CFR 840.14(b) specifies that the regulatory authority 
must make copies of all records immediately available to the public in 
the area of mining until at least five years after the expiration of 
the period during which the operation is active or is covered by any 
portion of a reclamation bond. Because W.S. section 35-11-1101 failed 
to include a similar provision, Wyoming's reference to the statute did 
not satisfy the requirements of 30 CFR 840.14, as referenced in 30 CFR 
761.16(g), and newly proposed subsection (F) remained less effective 
than the Federal regulations at 30 CFR 761.16(g).
    Title 30 CFR 761.16(g) requires the agency responsible for 
processing valid existing rights determination requests to make a copy 
of the request available to the public in the same manner as it makes 
permit applications available under 30 CFR 773.6(d). The responsible 
agency must also make records associated with the valid existing rights 
request and any subsequent determination available to the public in 
accordance with the requirements and procedures of 30 CFR 840.14 or 30 
CFR 842.16.
    Wyoming now proposes to revise Subsection (F) by providing 
additional statutory and regulatory citations to clarify that valid 
existing rights related documents are subject to the same public 
availability requirements as are permit applications. Specifically, 
Wyoming references its statutory provisions about the availability of 
records to the public and confidentiality at W.S. section 35-11-1101, 
and the requirements for public inspection of mining permit 
applications at W.S. section 35-11-406(d) in the Wyoming Environmental 
Quality Act. Wyoming also references its Public Records Act at W.S. 
sections 16-4-201 through 16-4-205, as well as the Division's rules and 
regulations related to public review and participation.
    Lastly, Wyoming proposes language requiring, at a minimum, that 
copies of records associated with valid existing rights requests must 
be made immediately available to the public in the area of mining until 
at least five years after the expiration of the period during which the 
operation is active or is covered by any portion of a reclamation bond 
so that they are conveniently available to residents of that area in 
compliance with the Federal regulations at 30 CFR 840.14 (b), (c), and 
(d).
    Wyoming's statutory counterpart to 30 CFR 840.14(a) concerning the 
availability of all documents relating to applications for and 
approvals of surface coal mining and reclamation operation permits and 
inspection and enforcement actions to the OSMRE Director upon request 
is found at W.S. section 35-11-1101(b). Wyoming's regulatory 
counterpart to 30 CFR 773.6(d)(1) about public availability of permit 
applications is found at Chapter 12, Section 1(b), and requires, in 
pertinent part, that all procedural requirements of the Act and the 
regulations relating to review, public participation, and approval or 
disapproval of permit applications, and permit term and conditions 
must, unless otherwise provided, apply to permit revisions, amendments, 
renewals and permit transfer, assignment or sale of permit rights.
    In its Statement of Principal Reasons for Adoption (SOPR), Wyoming 
explains that, with the exception of references to the State 
requirements, the additional clarifying language is a mirror of the 
Federal language and is intended to ensure that the minimum Federal 
requirements in 30 CFR 840.14 are met. Taken together, Wyoming's 
references to its statutes, rules, and the Federal regulations 
regarding public availability of records meet the requirements of 30 
CFR 840.14, as referenced in 30 CFR 761.16(g). We find that newly 
proposed Chapter 12, Section 1(a)(vii)(F), is consistent with and no 
less effective than the counterpart Federal regulations at 30 CFR 
761.16(g), and satisfies the requirements specified in Item G-4 of 
OSMRE's April 2, 2001, 732 letter. Accordingly, we approve it.
5. Chapter 12, Section 1(a)(viii)(B); Final AVS Compliance Review
    Item E.4 of OSMRE's October 2, 2009, 732 letter required Wyoming to 
adopt a State counterpart to the Federal requirements for reviewing an 
applicant's or operator's permit history at 30 CFR 773.10 (OSMRE's 2000 
Rule, 65 FR 79582, 79664 and OSMRE's 2007 Rule, 72 FR 68000, 68029). 
The preamble discussion of the 2007 rule states that the provision for 
an additional review was retained to determine if there are undisclosed 
controllers when an applicant or operator is determined to have no 
previous mining experience.
    In response to the 732 letter, Wyoming revised its rules at Chapter 
12, Section 1(a)(viii)(B), in a previous rulemaking action (WY-045-FOR) 
to include State counterpart language to the Federal regulations at 30 
CFR 773.10(a)-(c) that address an applicant's or operator's permit 
history. OSMRE determined that Wyoming's newly proposed rule language 
is consistent with and no less effective than the Federal regulations 
at 773.10(a) and (b).
    However, Wyoming's proposed rule at subsection (B) warranted the 
inclusion of additional clarifying language with respect to conducting 
additional ownership and control investigations to be consistent with 
and no less effective than the Federal counterpart rule at 30 CFR 
773.10(c). As a result, we did not approve Wyoming's newly proposed 
rule at Chapter 12, Section 1(a)(viii)(B), in a December 7, 2017, 
Federal Register document (82 FR 57664, 57669).
    In response, Wyoming now proposes to revise subsection (B) by 
including a provision for additional review to determine if there are 
undisclosed controllers when an applicant or operator is determined to 
have no previous mining experience. Specifically, Wyoming revises 
proposed Chapter 12, Section 1(a) (viii) (B), to be consistent with the 
Federal regulations at 30 CFR 773.10(c) by stating that

[[Page 66312]]

additional ownership and control investigations may be conducted under 
subsection (ix)(E) to determine if someone else with mining experience 
controls the mining operation if the applicant or operator does not 
have any previous mining experience. Subsection (ix)(E) of Wyoming's 
rules includes counterpart language to 30 CFR 774.11(f), which is 
referenced in 30 CFR 773.10(c). Wyoming also replaces the term 
``regulatory authority'' with ``Division'' in order to maintain 
consistency throughout its rules.
    Based on the discussion above, we find that Wyoming's newly 
proposed rule at Chapter 12, Section 1(a)(viii)(B), is consistent with 
and no less effective than the counterpart Federal regulations at 30 
CFR 773.10, and satisfies the requirements specified in Item E.4 of 
OSMRE's October 2, 2009, 732 letter. Accordingly, we approve it.
6. Chapter 12, Section 1(a)(xiv)(C); Challenges to Ownership or Control 
Listings in AVS
    On December 3, 2007, OSMRE published a new Ownership and Control; 
Permit and Application Information; and Transfer, Assignment, or Sale 
of Permit rights Federal rulemaking (72 FR 6800). The new Federal 
regulation at 30 CFR 773.26(e) allowed a person who is unsure why he or 
she is shown in OSMRE's Applicant Violator System (AVS) as an owner or 
controller of a surface coal mining operation to request an informal 
explanation from OSMRE's AVS office. The provision also required a 
response to such a request within 14 days. The preamble discussion of 
the 2007 Rule clarified at 30 CFR 773.26(e) that a person listed in the 
AVS may request an informal explanation from OSMRE's AVS office at any 
time and should expect a response within 14 days. Item F.2 of OSMRE's 
October 2, 2009, 732 letter indicated that Wyoming did not have a State 
counterpart to 30 CFR 773.26(e). In response, Wyoming revised its rules 
at Chapter 12, Section 1(a)(xiv)(C), in a previous rulemaking action 
(WY-045-FOR) to include a State counterpart provision to the Federal 
regulations at 30 CFR 773.26(e). During OSMRE's review of the 
amendment, we found that while Wyoming's newly proposed rule language 
clarifies that a person listed in AVS may request an informal 
explanation from the AVS office at any time, it did not include 
language requiring a response to such a request within 14 days. 
Consequently, we did not approve Wyoming's newly proposed rule at 
Chapter 12, Section 1(a)(xiv)(C), in a December 7, 2017, Federal 
Register document (82 FR 57664, 57670).
    In response, Wyoming now proposes additional clarifying language 
that references the Federal regulations at 30 CFR 773.26(e), which 
states that within 14 days of a request for an informal explanation, 
the AVS Office will provide a response describing why a person is 
listed in AVS.
    In its SOPR, Wyoming explains that it decided to include a citation 
to the Federal regulations to account for the many variables that may 
affect the timing of a response if the State were to provide one. For 
example, OSMRE's AVS Office noted that Wyoming may not have access to 
documents that cause an entry into AVS if the operator has operations 
in multiple jurisdictions.
    Based on the discussion above, we find that Wyoming's newly 
proposed rule at Chapter 12, Section 1(a)(xiv)(C), is consistent with 
and no less effective than the Federal regulations at 30 CFR 773.26(e), 
and satisfies the requirement specified in Item F.2 of OSMRE's October 
2, 2009, 732 letter. Accordingly, we approve it.
7. Chapter 12, Section 1(a)(xiv)(F); Written Agency Decision on 
Challenges to Ownership and Control Listings or Findings
    Item F.4 of OSMRE's October 2, 2009, 732 letter required Wyoming to 
adopt a State counterpart to the Federal requirements about written 
agency decisions on challenges to ownership and control listings or 
findings at 30 CFR 773.28 (OSMRE's 2000 Rule, 65 FR 79852, 79666 and 
OSMRE's 2007 Rule, 72 FR 68000, 68030). In response, Wyoming proposed 
new rules at Chapter 12, Section 1(a)(xiv)(F), in a previous rulemaking 
action (WY-045-FOR) to include State counterpart provisions to the 
Federal regulations at 30 CFR 773.28(a)-(f) that address the 
requirements for written agency decisions on challenges to ownership 
and control listings or findings.
    Although OSMRE found that Wyoming's newly proposed rule language 
was consistent with and no less effective than the Federal regulations 
at 30 CFR 773.28(a)-(d), additional clarifying language was required 
with respect to appeals of written decisions to be consistent with and 
no less effective than the Federal counterpart rule at 30 CFR 
773.28(e). Wyoming's proposed language merely stated that ``appeals of 
written decisions will be administered under the Department's Rules of 
Practice and Procedure.'' Wyoming also failed to include a counterpart 
provision to 30 CFR 773.28(f) concerning required updates to the AVS 
following the Wyoming Land Quality Division's (Division) written 
decision or any decision by a reviewing administrative or judicial 
tribunal.
    Finally, the last sentence of proposed subsection (F) was very 
general and only stated that ``AVS shall be revised as necessary to 
reflect these decisions.'' As a result, we did not approve Wyoming's 
newly proposed rule at Chapter 12, Section 1(a)(xiv)(F), in a December 
7, 2017, Federal Register document (82 FR 57664, 57670).
    In response, Wyoming proposes to further revise subsection (F) to 
require that all administrative remedies must be exhausted before 
seeking judicial review of an ownership and control decision and to add 
the requirement that the Division must update the AVS, as appropriate, 
to be consistent with 30 CFR 773.28(e) and (f), respectively. 
Specifically, Wyoming revises proposed Chapter 12, Section 
1(a)(xiv)(F), to be consistent with the Federal regulations at 30 CFR 
773.28(e) by requiring that all administrative remedies must be 
exhausted under the procedures of the Wyoming Environmental Quality 
Act, the Department's Rules of Practice and Procedure, the Wyoming 
Administrative Procedure Act and Chapter 12 of the Rules and 
Regulations before seeking judicial review. Newly proposed subsection 
(F) also includes counterpart language to 30 CFR 773.28(f) that 
requires the Division to review the information in the AVS following 
its written decision or any decision by a reviewing administrative or 
judicial tribunal about a challenge to ownership or control listings or 
findings to determine if it is consistent with the decision. If it is 
not, the Division must promptly revise the information to reflect the 
decision.
    Based on the discussion above, we find that Wyoming's newly 
proposed rule at Chapter 12, Section 1(a)(xiv)(F), is consistent with 
and no less effective than the counterpart Federal regulations at 30 
CFR 773.28(a)-(f), and satisfies the requirements specified in Item F.4 
of OSMRE's October 2, 2009, 732 letter. Accordingly, we approve it.
8. Chapter 12, Section 1(b)(ii); Transfer, Assignment or Sale of Permit 
Rights
    Item I. of OSMRE's October 2, 2009, 732 letter instructs the reader 
to ``See W.S. Sec.  35-11-408'' about transfer, assignment, or sale of 
permit rights (TAS). The 732 letter states that the 2007 Rule 
clarifies, at (a) and (d) of 30 CFR 774.17, that at the regulatory 
authority's discretion, a prospective successor in interest, with 
sufficient bond coverage, may continue to mine

[[Page 66313]]

during the TAS process. This recognizes that an acquiring entity 
becomes the successor in interest to the rights granted under the 
permit (under 30 CFR 701.5) only after the regulatory authority 
approves the transfer, assignment, or sale.
    In response, Wyoming proposed to revise its existing rule at 
Chapter 12, Section 1(b), in a previous rulemaking action (WY-045-FOR) 
to apply all procedural requirements of the Act and the regulations 
relating to review, public participation, and approval or disapproval 
of permit applications, and permit term and conditions to permit 
transfer, assignment or sale of permit rights. Similarly, Wyoming 
proposed to revise subsection (b)(ii) by applying the requirements 
imposed by W.S. section 35-11-408 about procedures for permit transfers 
to the assignment or sale of permit rights. Wyoming also revised 
subsection (b)(ii)(B) by adding a cross reference to its rules at 
Chapter 2, Section 2(a)(i) through (iii), which is the counterpart to 
30 CFR part 778 regarding permit application requirements for all 
legal, financial, compliance and related information. Finally, Wyoming 
added language to require that a potential transferee's statement of 
qualifications must include the name, address and permit number of the 
existing permit holder, which is the counterpart to 30 CFR 
774.17(b)(1)(i).
    OSMRE subsequently approved Wyoming's proposed revision to Chapter 
12, Section 1(b), in a December 7, 2017, Federal Register document (82 
FR 57664, 57671). However, we did not approve Wyoming's proposed 
revisions to subsection (b)(ii) because they did not address many of 
the specific application approval requirements for a transfer, 
assignment, or sale of permit rights at 30 CFR 774.17. For example, the 
proposed rule changes did not include counterpart provisions to 30 CFR 
774.17(b)(2) about advertisement requirements for newly filed 
applications; subsection (d) about criteria for approval by the 
regulatory authority that allows a permittee to transfer, assign, or 
sell permit rights to a successor; and subsection (e) about 
notification requirements.
    In addition, the language in W.S. section 35-11-408 and subsections 
(b)(ii)(A) and (B) of Wyoming's rules all refer to a ``potential 
transferee'' and do not address the assignment or sale of permit 
rights. OSMRE noted that Wyoming neither defines ``potential 
transferee'' in its rules nor has a counterpart to the Federal 
definition of ``successor in interest'' at 30 CFR 701.5 as it relates 
to TAS in 30 CFR 774.17. As a result, we required Wyoming to submit 
counterpart provisions to the specific TAS requirements at 30 CFR 
774.17(a)-(f) (OSMRE's 2000 Rule, 65 FR 79852, 79668 (Dec. 19, 2000) 
and OSMRE's 2007 Rule, 72 FR 68000, 68030), as well as a counterpart to 
the Federal definition of ``successor in interest'' at 30 CFR 701.5.
    In response, Wyoming proposes counterpart rules to the specific TAS 
requirements at 30 CFR 774.17(a)-(f). Wyoming's existing rule at 
Chapter 12, Section 1(b), the revisions which were approved in the 
December 7, 2017, Federal Register document, is the counterpart 
provision to 30 CFR 774.17(b) about application requirements for 
approval of the transfer, assignment, or sale of permit rights. Chapter 
12, Section 1(b), states, in pertinent part, that all procedural 
requirements of the Act and the regulations relating to approval or 
disapproval of permit applications must, unless otherwise provided, 
apply to permit transfer, assignment, or sale of permit rights. In 
addition, Wyoming's general permit application requirements at Chapter 
2, Section 1(a), state that all applications must be filed in a format 
required by the Administrator of the Land Quality Division and must 
include, at a minimum, all information required by the Act. Further, 
subsection (b) requires that information set forth in the application 
must be current and must be presented clearly and concisely. OSMRE 
interprets these existing State rules, taken together, as being 
counterpart provisions to the Federal regulations at 30 CFR 
774.17(b)(1)(ii), which require an applicant for approval of the 
transfer, assignment, or sale of permit rights to provide the 
regulatory authority with an application that includes a brief 
description of the proposed action requiring approval.
    Wyoming next proposes to revise Chapter 12, Section 1(b)(ii), to be 
consistent with the Federal regulations at 30 CFR 774.17(a) by applying 
the requirements imposed by W.S. section 35-11-408 and the section to a 
permit transfer, assignment, or sale of permit rights. Revised Section 
1(b)(ii) also includes a definition for the previously undefined term 
``potential transferee,'' the language for which is identical to the 
Federal definition of ``successor in interest.''
    Wyoming's existing regulation at Chapter 12, Section 1(b)(ii)(A), 
is the counterpart to 30 CFR 774.17(b)(3), which requires an applicant 
[potential transferee] for approval of the transfer, assignment, or 
sale of permit rights to obtain appropriate performance bond coverage 
in an amount sufficient to cover the proposed operations. As it did in 
the previous rulemaking action (WY-045-FOR), Wyoming again proposes to 
revise its rules at Chapter 12, Section 1(b)(ii)(B), for applications 
for a permit transfer, assignment, or sale of permit rights by adding a 
cross reference to Wyoming's regulations at Chapter 2, Section 2(a)(i) 
through (iii), which is the counterpart to 30 CFR part 778 about permit 
application requirements for all legal, financial, compliance, and 
related information. Wyoming also adds language requiring that a 
potential transferee's statement of qualifications must include the 
name, address and permit number of the existing permit holder. 
Wyoming's proposed revisions to Chapter 12, Section 1(b)(ii)(B), are 
consistent with the TAS application requirements set forth at 30 CFR 
774.17(b)(1)(i) and (iii).
    In addition, Wyoming proposes new substantively identical State 
counterpart provisions to the Federal regulations in the Code of 
Wyoming Rules at Chapter 12, Section 1(b)(ii)(C), pertaining to 
advertisement requirements for newly filed permit transfer, assignment 
or sale of permit rights applications found at 30 CFR 774.17(b)(2); 
subsection (D) regarding public participation requirements allowing any 
person having an interest, which is or may be adversely affected by a 
decision on TAS, to submit written comments on the application, similar 
to the provisions in 30 CFR 774.17(c); subsections (E)(I)-(III) 
concerning criteria for approval by the regulatory authority that 
allows a permittee to transfer, assign, or sell permit rights to a 
successor in interest [potential transferee] similar to the provisions 
in 30 CFR 774.17(d)(1)-(3); subsections (F)(I)-(II) pertaining to 
notification requirements as they apply to applications for TAS, 
similar to the provisions in 30 CFR 774.17(e)(i)-(ii); and subsection 
(G) regarding continued operation under existing permit that requires a 
successor in interest [potential transferee] to assume the liability 
and reclamation responsibilities of the existing permit and to conduct 
the surface coal mining and reclamation operations in full compliance 
with the Act, the regulatory program, and the terms and conditions of 
the existing permit, unless the applicant has obtained a new or revised 
permit under the Environmental Quality Act and the Division's rules and 
regulations similar to the provisions in 30 CFR 774.17(f).
    Wyoming's revised and newly proposed rules at Chapter 12, Section 
1(b)(ii)(B), (E), (F), and (G), use the previously discussed State term 
``potential transferee,'' rather than the Federal term ``successor in 
interest.'' In addition, the terms ``Division'' and

[[Page 66314]]

``Administrator'' are used instead of the term ``regulatory authority'' 
in the revised and newly proposed State rules at Chapter 12, Section 
1(b)(ii)(D), (E), and (F). Otherwise, Wyoming's proposed rule language 
is substantively identical to the aforementioned counterpart Federal 
provisions.
    Based on the discussion above, we are approving Wyoming's proposed 
definition of ``potential transferee'' at Chapter 12, Section 1(b)(ii), 
as the State counterpart to the identical Federal definition of 
``successor in interest.'' We also find that Wyoming's proposed 
revisions to its existing rules at Chapter 12, Section 1(b)(ii)(B), as 
well as the newly proposed rules at subsections (C) through (G) are 
consistent with and no less effective than the Federal regulations at 
30 CFR 774.17(a)-(f), and satisfy the requirements specified in Item I 
of OSMRE's October 2, 2009, 732 letter. Accordingly, we are approving 
them.

IV. Summary and Disposition of Comments

Public Comments

    OSMRE asked for public comments on the amendment (Administrative 
Record Document ID No. OSM-2014-0007). OSMRE did not receive any public 
comments or a request to hold a public meeting or public hearing.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA (30 
U.S.C. 1253), we requested comments on the amendment from various 
Federal agencies concerned with or having special expertise relevant to 
the Wyoming program amendment (Administrative Record No. WY-51-03). We 
received comments from two Federal Agencies.
    The National Park Service (NPS) commented in a November 3, 2014, 
email response (Administrative Record Document ID No. OSM-2014-0007-
0006), and the Mine Safety and Health Administration (MSHA) commented 
in a November 7, 2014, letter (Administrative Record Document ID No. 
OSM-2014-0007-0005). The NPS responded that it had reviewed the project 
and did not find it necessary to comment at this time. MSHA responded 
that it reviewed the formal State program amendment and had no comments 
to the proposed changes to the State's statute as written.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to seek the 
views of the EPA on the program amendment and obtain the written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued 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.). Under 30 CFR 732.17(h)(11)(i), OSMRE requested 
comments on the amendment from the EPA (Administrative Record No. WY-
51-03). EPA did not respond to our request. Because the amendment does 
not relate to air or water quality standards, written concurrence from 
the EPA is not necessary.

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

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. Although the amendment will not have an effect on historic 
properties, on October 8, 2014, we requested comments on Wyoming's 
amendment from the SHPO and ACHP (Administrative Record Nos. WY-51-04 
and WY-51-05), but neither responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve Wyoming's September 30, 
2014, amendment.
    To implement this decision, we are amending the Federal 
regulations, at 30 CFR part 950, which codify decisions concerning the 
Wyoming program. In accordance with the Administrative Procedure Act, 
this rule will take effect 30 days after the date of publication. 
Section 503(a) of SMCRA (30 U.S.C. 1253) requires that the State's 
program demonstrates that the State has the capability of carrying out 
the provisions of the Act and meeting its purposes. SMCRA requires 
consistency of State and Federal standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not have effect a taking of private property or 
otherwise have taking implications that would result in public property 
being taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of state program amendments is exempted from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    State program amendments are not regulatory actions under Executive 
Order 13771 because they are exempt from review under Executive Order 
12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct, 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State regulatory 
program or to the program amendment that the State of Wyoming drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Wyoming program 
submitted and

[[Page 66315]]

drafted by that State. OSMRE reviewed the submission with fundamental 
federalism principles in mind, as set forth in sections 2 and 3 of the 
Executive order, and with the principles of cooperative federalism set 
forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such, pursuant to 
section 503(a)(1) an (7) (30 U.S.C. 1253(a)(1) and (7)), OSMRE reviewed 
the program amendment to ensure that it is ``in accordance with'' the 
requirements of SMCRA and is ``consistent with'' the regulations issued 
by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175, and have determined that it has no substantial 
direct effects on federally recognized Tribes or on the distribution of 
power and responsibilities between the Federal Government and Tribes. 
Therefore, consultation under the Department's tribal consultation 
policy is not required. The basis for this determination is that our 
decision is on the Wyoming program that does not include Tribal lands 
or regulation of activities on Tribal lands. Tribal lands are regulated 
independently under the applicable, approved Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect the Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866, and is not 
a significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

Executive Order 13045--Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule is not subject to Executive Order 13045 because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866; and this action does not address environmental 
health or safety risks disproportionately affecting children.

National Environmental Policy Act

    Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1292(d), respectively) and the U.S. Department of the 
Interior Departmental Manual, part 516, section 13.5(A), State program 
amendments are not major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. (OMB 
Circular A-119 at p. 14). This action is not subject to the 
requirements of section 12(d) of the NTTAA because application of those 
requirements would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to OMB under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required.

Regulatory Flexibility Act

    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, which is the subject 
of this rule, is based upon corresponding 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. 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 corresponding 
Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), of the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. based enterprises to compete with foreign-based 
enterprises. This determination is based on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. Therefore, a 
statement containing the information required by the Unfunded mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 24, 2019.
David A. Berry,
Regional Director, Western Region.

    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Section 950.15 is amended in the table by adding an entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec.  950.15  Approval of Wyoming regulatory program amendments.

* * * * *

[[Page 66316]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
September 30, 2014............  December 4, 2019.  Chap. 1, Sec.
                                                    2(aa)(i)-(iii),
                                                    definition of
                                                    control or
                                                    controller;
                                                   Chap. 1, Sec. 2(co),
                                                    notice of
                                                    violations;
                                                   Chap. 2 (Title);
                                                   Chap. 2, Sec.
                                                    2(a)(i)(B), related
                                                    to adjudication
                                                    requirements;
                                                   Chap. 2, Sec.
                                                    2(a)(ii)(A)(I),
                                                    related to
                                                    adjudication
                                                    requirements;
                                                   Chap. 2, Sec.
                                                    2(a)(ii)(A)(II),
                                                    related to
                                                    adjudication
                                                    requirements;
                                                   Chap. 2, Sec.
                                                    2(a)(ii)(B), related
                                                    to adjudication
                                                    requirements;
                                                   Chap. 6 (Title);
                                                   Chap. 6, Sec.
                                                    4(b)(i)(A), related
                                                    to blasting
                                                    standards;
                                                   Chap. 12, Sec.
                                                    1(a)(vii)(A),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(vii)(B)(IV),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(vii)(E),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(vii)(F),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(x), related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(x)(D)(I),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(xiv)(C) related
                                                    to permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(xiv)(D)(II),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(a)(xiv)(F),
                                                    related to
                                                    permitting
                                                    procedures;
                                                   Chap. 12, Sec.
                                                    1(b)(ii), related to
                                                    permitting
                                                    procedures;
                                                   Chap. 16, Sec. 2(h),
                                                    related to
                                                    enforcement;
                                                   Chap. 16, Sec.
                                                    4(c)(i), related to
                                                    individual civil
                                                    penalties;
                                                   Chap. 16, Sec.
                                                    4(c)(i)(A), related
                                                    to individual civil
                                                    penalties; and
                                                   also all minor
                                                    grammatical changes.
------------------------------------------------------------------------


[FR Doc. 2019-26132 Filed 12-3-19; 8:45 am]
 BILLING CODE 4310-05-P