Wyoming Regulatory Program, 66309-66316 [2019-26132]
Download as PDF
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
damage resulting from subsidence, and
prompt replacement of water supplies
affected by underground mining
operations.
(6) At 11 AAC 90.457(d), in
accordance with the requirements at 30
CFR 816.116(a)(1) and 817.116(a)(1),
Alaska must submit a program
amendment (or description of the
amendment with a timetable for
submission) to clarify its program by
revising 11 AAC 90.457 to indicate that
all selected revegetation success
standards and sampling techniques
which may be incorporated into
individual permits will be put in
writing and made available to the
public. If Alaska will allow for any
normal husbandry practices to be used
during the period required for
demonstration of revegetation success,
in accordance with 30 CFR
816.116(c)(4), Alaska must submit an
amendment of its program to
demonstrate that each practice is one
that is customarily performed on similar
un-mined lands and list, at 11 AAC
90.457(d), the acceptable practices.
[FR Doc. 2019–26128 Filed 12–3–19; 8:45 am]
BILLING CODE 4310–05–P
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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: jfleischman@osmre.gov.
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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
66309
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
E:\FR\FM\04DER1.SGM
04DER1
66310
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
• 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
khammond on DSKJM1Z7X2PROD with RULES
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’’
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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)
E:\FR\FM\04DER1.SGM
04DER1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
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
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
66311
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
E:\FR\FM\04DER1.SGM
04DER1
66312
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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,
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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. § 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
E:\FR\FM\04DER1.SGM
04DER1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
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
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
66313
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
E:\FR\FM\04DER1.SGM
04DER1
66314
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
‘‘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.
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
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-togovernment 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.
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
15:48 Dec 03, 2019
Jkt 250001
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.
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.
Frm 00029
Fmt 4700
Sfmt 4700
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.
Regulatory Flexibility Act
PO 00000
66315
For the reasons set out in the
preamble, 30 CFR part 950 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 an entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
■
§ 950.15 Approval of Wyoming regulatory
program amendments.
*
E:\FR\FM\04DER1.SGM
*
*
04DER1
*
*
66316
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Rules and Regulations
Original amendment submission
date
*
*
September 30, 2014 ......................
Date of final
publication
*
*
*
*
*
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0337; FRL–10000–
20–Region 7]
Air Plan Approval; Missouri; Revisions
to Cross-State Air Pollution Rule
Annual Trading Program and
Rescission of Clean Air Interstate Rule
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted on January 15,
2019, and two revisions submitted on
March 7, 2019, by the State of Missouri.
The January 15, 2019, revision requests
EPA remove from the Missouri SIP the
regulations that established state trading
programs under the Clean Air Interstate
Rule (CAIR). The EPA is only finalizing
the removal of the CAIR annual nitrogen
oxides (NOX) and sulfur dioxide (SO2)
trading program rules. The EPA will act
on the revisions to the State’s CAIR
seasonal NOX trading program in a
separate action. The March 7, 2019,
submissions request EPA approve into
the SIP Missouri’s Cross-State Air
Pollution Rule (CSAPR) state trading
program rules for SO2, annual NOX, and
ozone season NOX. This approval
automatically terminates Missouri
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:48 Dec 03, 2019
Citation/description
Jkt 250001
EGUs’ requirements to participate in the
corresponding CSAPR Federal trading
programs. Like the Federal trading
programs being replaced, the state
trading programs approved in this SIP
revision fully satisfy Missouri’s good
neighbor obligations with respect to the
1997 and 2006 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS) and the 1997 ozone
NAAQS and at least partially satisfy the
State’s good neighbor obligations with
respect to the 2008 ozone NAAQS. This
revision will not have an adverse effect
on air quality. The EPA’s approval of
this rule revision is being done in
accordance with the requirements of the
Clean Air Act (CAA) and the regulations
governing approval of CSAPR SIPs.
DATES: This final rule is effective on
January 3, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0337. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7214;
email address kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
Starting January 1, 2015, large
electricity generating units (EGUs) in
Missouri were required under a Federal
Implementation Plan (FIP) to participate
in CSAPR Federal trading programs for
SO2 and annual NOX emissions to
address Missouri’s obligations under
CAA section 110(a)(2)(D)(i)(I) (the good
neighbor provision) with respect to the
1997 and 2006 PM2.5 NAAQS. At the
same time, the EPA stopped
administering Missouri’s previous CAIR
state trading programs for SO2 and
annual NOX. See 76 FR 48208 (August
8, 2011).
The CSAPR regulations at 40 CFR
52.38 and 52.39 allow states to adopt
either ‘‘abbreviated’’ CSAPR SIP
revisions that modify emission
allowance allocations but leave the
E:\FR\FM\04DER1.SGM
04DER1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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