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damage resulting from subsidence, and corresponding Federal regulations and 12, 2014, Federal Register (79 FR prompt replacement of water supplies SMCRA. 67116). In the same document, we affected by underground mining DATES: The effective date is January 3, opened the public comment period and operations. 2020. provided an opportunity for a public (6) At 11 AAC 90.457(d), in FOR FURTHER INFORMATION CONTACT: hearing or meeting on the amendment’s accordance with the requirements at 30 Jeffrey Fleischman, Chief, Denver Field adequacy (Administrative Record CFR 816.116(a)(1) and 817.116(a)(1), Division, Telephone: 307–261–6550, Document ID No. OSM–2014–0007). Alaska must submit a program email address: [email protected]. OSMRE did not hold a public hearing or amendment (or description of the meeting, as neither were requested. The SUPPLEMENTARY INFORMATION: amendment with a timetable for public comment period ended on submission) to clarify its program by I. Background on the Wyoming Program December 12, 2014. We received II. Submission of the Proposed Amendment revising 11 AAC 90.457 to indicate that III. OSMRE’s Findings comments from two Federal agencies all selected revegetation success IV. Summary and Disposition of Comments (discussed below in section ‘‘IV. standards and sampling techniques V. OSMRE’s Decision Summary and Disposition of which may be incorporated into VI. Statutory and Executive Order Reviews Comments’’. individual permits will be put in I. Background on the Wyoming III. OSMRE’s Findings writing and made available to the Program public. If Alaska will allow for any The following are the findings we normal husbandry practices to be used Section 503(a) of the Act permits a made about the amendment under during the period required for State to assume primacy for the SMCRA and the Federal regulations at demonstration of revegetation success, regulation of surface coal mining and 30 CFR 732.15 and 732.17. We are in accordance with 30 CFR reclamation operations on non-Federal approving the amendment as described 816.116(c)(4), Alaska must submit an and non-Tribal lands within its borders below. by demonstrating that its State program amendment of its program to A. Minor Revisions to Wyoming’s Rules demonstrate that each practice is one includes, among other things, State laws that is customarily performed on similar and regulations that govern surface coal Wyoming proposed minor un-mined lands and list, at 11 AAC mining and reclamation operations in grammatical changes to several 90.457(d), the acceptable practices. accordance with the Act and consistent previously approved rules. Wyoming with the Federal regulations. See 30 did not propose any substantive changes [FR Doc. 2019–26128 Filed 12–3–19; 8:45 am] U.S.C. 1253(a)(1) and (7). On the basis to the text of these regulations. Because BILLING CODE 4310–05–P of these criteria, the Secretary of the the proposed revisions to these Interior conditionally approved the previously approved rules are minor DEPARTMENT OF THE INTERIOR Wyoming program on November 26, and result in no substantive changes to 1980. You can find background the Wyoming program, we are Office of Surface Mining Reclamation information on the Wyoming program, approving the changes and find that and Enforcement including the Secretary’s findings, the they are no less effective than the disposition of comments, and the corresponding Federal regulations at 30 30 CFR Part 950 conditions of approval of the Wyoming CFR parts 700 through 887. The program in the November 26, 1980, specific, minor revisions to the Code of Federal Register (45 FR 78637). You can Wyoming Rules and the Federal [SATS No: WY–046–FOR; Docket ID: OSM– also find later actions concerning regulation counterparts are as follows: 2014–0007; S1D1S SS08011000 SX064A000 • 201S180110; S2D2S SS08011000 Wyoming’s program and program Chapter 1, Section 2(co), related to SX064A000 20XS501520] amendments at 30 CFR 950.12, 950.15, Notice of violation, [30 CFR 701.5]; 950.16, and 950.20. • Chapter 2, Section 2(a)(ii)(A)(II), Wyoming Regulatory Program II. Submission of the Proposed related to Adjudication Requirements, Amendment [30 CFR 778.14(a)(2)]; AGENCY: Office of Surface Mining • Chapter 2, Section 2(a)(ii)(B), Reclamation and Enforcement, Interior. By letter dated September 30, 2014 related to Adjudication Requirements, ACTION: Final rule; approval of (Administrative Record Docket ID No. [30 CFR 778.14(c)]; amendment. OSM–2014–0007), Wyoming sent • Chapter 6, related to Blasting for OSMRE an amendment to its program Surface Coal Mining Operations, [30 SUMMARY: We, the Office of Surface under SMCRA. Wyoming submitted the CFR 816.61 and 817.61] Mining Reclamation and Enforcement amendment to address deficiencies that • Chapter 12, Section 1(a)(vii)(A), (OSMRE), are approving an amendment OSMRE previously identified during its related to VER submission requirements to the Wyoming regulatory program review of Wyoming’s program related to and procedures, [30 CFR 761.16(b)]; (Wyoming program) under the Surface valid existing rights determination • Chapter 12, Section 1(a)(vii)(B)(IV), Mining Control and Reclamation Act of requests, as discussed more fully below, related to VER submission requirements 1977 (SMCRA or the Act). Wyoming and individual civil penalties (WY– and procedures,[30 CFR 761.16(c)(4)]; proposes both revisions of and additions 044–FOR; Docket ID No. OSM–2013– • Chapter 12, Section 1(a)(vii)(E), to its coal rules and regulations 0001) and ownership and control (WY– related to VER submission requirements concerning valid existing rights and 045–FOR; Docket ID No. OSM–2013– and procedures, [30 CFR 761.16(f)]; individual civil penalties, as well as 0002) amendments. The amendment • Chapter 12, Section 1(a)(x), related ownership and control provisions. also revises a provision about periodic to VER submission requirements and Wyoming also proposes to revise a monitoring of blasting in response to a procedures, [30 CFR 773.12]; provision concerning periodic concern that the Casper Area Office • Chapter 12, Section 1(a)(xiv)(D)(II), monitoring of blasting. Wyoming identified during its annual oversight related to VER submission requirements revised its program to address review of the Wyoming program. and procedures, [30 CFR 774.11(g)(2)]; deficiencies we previously identified, We announced receipt of the • Chapter 16, Section 2(h), related to which are now consistent with the proposed amendment in the November Enforcement, [30 CFR 774.12a]; and

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

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

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

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

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‘‘Administrator’’ are used instead of the of the EPA on the program amendment Executive Order 12866—Regulatory term ‘‘regulatory authority’’ in the and obtain the written concurrence from Planning and Review and 13563— revised and newly proposed State rules EPA for those provisions of the program Improving Regulation and Regulatory at Chapter 12, Section 1(b)(ii)(D), (E), amendment that relate to air or water Review and (F). Otherwise, Wyoming’s quality standards issued under the Executive Order 12866 provides that proposed rule language is substantively authority of the Clean Water Act (33 the Office of Information and Regulatory identical to the aforementioned U.S.C. 1251 et seq.) or the Clean Air Act Affairs in the Office of Management and counterpart Federal provisions. (42 U.S.C. 7401 et seq.). Under 30 CFR Budget (OMB) will review all significant Based on the discussion above, we are 732.17(h)(11)(i), OSMRE requested rules. Pursuant to OMB guidance, dated approving Wyoming’s proposed comments on the amendment from the October 12, 1993, the approval of state definition of ‘‘potential transferee’’ at EPA (Administrative Record No. WY– program amendments is exempted from Chapter 12, Section 1(b)(ii), as the State 51–03). EPA did not respond to our OMB review under Executive Order counterpart to the identical Federal request. Because the amendment does 12866. Executive Order 13563, which definition of ‘‘successor in interest.’’ We not relate to air or water quality reaffirms and supplements Executive also find that Wyoming’s proposed standards, written concurrence from the Order 12866, retains this exemption. revisions to its existing rules at Chapter EPA is not necessary. 12, Section 1(b)(ii)(B), as well as the Executive Order 13771—Reducing State Historic Preservation Officer newly proposed rules at subsections (C) Regulation and Controlling Regulatory (SHPO) and the Advisory Council on through (G) are consistent with and no Costs Historic Preservation (ACHP) less effective than the Federal State program amendments are not regulations at 30 CFR 774.17(a)–(f), and Under 30 CFR 732.17(h)(4), we are regulatory actions under Executive satisfy the requirements specified in required to request comments from the Order 13771 because they are exempt Item I of OSMRE’s October 2, 2009, 732 SHPO and ACHP on amendments that from review under Executive Order letter. Accordingly, we are approving may have an effect on historic 12866. properties. Although the amendment them. Executive Order 12988—Civil Justice will not have an effect on historic Reform IV. Summary and Disposition of properties, on October 8, 2014, we Comments requested comments on Wyoming’s The Department of the Interior has Public Comments amendment from the SHPO and ACHP reviewed this rule as required by (Administrative Record Nos. WY–51–04 Section 3 of Executive Order 12988. The OSMRE asked for public comments and WY–51–05), but neither responded Department determined that this on the amendment (Administrative to our request. Federal Register document meets the Record Document ID No. OSM–2014– criteria of Section 3 of Executive Order 0007). OSMRE did not receive any V. OSMRE’s Decision 12988, which is intended to ensure that public comments or a request to hold a Based on the above findings, we the agency review its legislation and public meeting or public hearing. approve Wyoming’s September 30, proposed regulations to eliminate Federal Agency Comments 2014, amendment. drafting errors and ambiguity; that the To implement this decision, we are agency write its legislation and Under 30 CFR 732.17(h)(11)(i) and amending the Federal regulations, at 30 regulations to minimize litigation; and section 503(b) of SMCRA (30 U.S.C. CFR part 950, which codify decisions that the agency’s legislation and 1253), we requested comments on the concerning the Wyoming program. In regulations provide a clear legal amendment from various Federal accordance with the Administrative standard for affected conduct, rather agencies concerned with or having Procedure Act, this rule will take effect than a general standard, and promote special expertise relevant to the 30 days after the date of publication. simplification and burden reduction. Wyoming program amendment Section 503(a) of SMCRA (30 U.S.C. Because Section 3 focuses on the quality (Administrative Record No. WY–51–03). 1253) requires that the State’s program of Federal legislation and regulations, We received comments from two demonstrates that the State has the the Department limited its review under Federal Agencies. capability of carrying out the provisions this Executive Order to the quality of The National Park Service (NPS) of the Act and meeting its purposes. this Federal Register document and to commented in a November 3, 2014, SMCRA requires consistency of State changes to the Federal regulations. The email response (Administrative Record and Federal standards. review under this Executive Order did Document ID No. OSM–2014–0007– not extend to the language of the State 0006), and the Mine Safety and Health VI. Statutory and Executive Order regulatory program or to the program Administration (MSHA) commented in Reviews amendment that the State of Wyoming a November 7, 2014, letter Executive Order 12630—Governmental drafted. (Administrative Record Document ID Actions and Interference With No. OSM–2014–0007–0005). The NPS Executive Order 13132—Federalism Constitutionally Protected Property responded that it had reviewed the This rule is not a ‘‘[p]olicy that [has] Rights project and did not find it necessary to Federalism implications’’ as defined by comment at this time. MSHA responded This rule would not have effect a section 1(a) of Executive Order 13132 that it reviewed the formal State taking of private property or otherwise because it does not have ‘‘substantial program amendment and had no have taking implications that would direct effects on the States, on the comments to the proposed changes to result in public property being taken for relationship between the national the State’s statute as written. government use without just government and the States, or on the compensation under the law. Therefore, distribution of power and Environmental Protection Agency (EPA) a takings implication assessment is not responsibilities among the various Concurrence and Comments required. This determination is based on levels of government.’’ Instead, this rule Under 30 CFR 732.17(h)(11)(i) and an analysis of the corresponding Federal approves an amendment to the (ii), we are required to seek the views regulations. Wyoming program submitted and

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drafted by that State. OSMRE reviewed economically significant regulatory Small Business Regulatory Enforcement the submission with fundamental action as defined by Executive Order Fairness Act federalism principles in mind, as set 12866; and this action does not address forth in sections 2 and 3 of the environmental health or safety risks This rule is not a major rule under 5 Executive order, and with the principles disproportionately affecting children. U.S.C. 804(2), of the Small Business of cooperative federalism set forth in Regulatory Enforcement Fairness Act. SMCRA. See, e.g., 30 U.S.C. 1201(f). As National Environmental Policy Act This rule: (a) Does not have an annual such, pursuant to section 503(a)(1) an effect on the economy of $100 million; (7) (30 U.S.C. 1253(a)(1) and (7)), Consistent with sections 501(a) and (b) will not cause a major increase in OSMRE reviewed the program 702(d) of SMCRA (30 U.S.C. 1251(a) and costs or prices for consumers, amendment to ensure that it is ‘‘in 1292(d), respectively) and the U.S. individual industries, Federal, State, or accordance with’’ the requirements of Department of the Interior Departmental local government agencies, or SMCRA and is ‘‘consistent with’’ the Manual, part 516, section 13.5(A), State geographic regions; and (c) does not regulations issued by the Secretary program amendments are not major have significant adverse effects on pursuant to SMCRA. Federal actions within the meaning of competition, employment, investment, section 102(2)(C) of the National productivity, innovation, or the ability Executive Order 13175—Consultation Environmental Policy Act (42 U.S.C. of U.S. based enterprises to compete and Coordination With Indian Tribal 4332(2)(C). with foreign-based enterprises. This Governments determination is based on an analysis of The Department of the Interior strives National Technology Transfer and the corresponding Federal regulations, to strengthen its government-to- Advancement Act which were determined not to government relationship with Tribes constitute a major rule. through a commitment to consultation Section 12(d) of the National with Tribes and recognition of their Technology Transfer and Advancement Unfunded Mandates Reform Act right to self-governance and tribal Act (15 U.S.C. 3701 et seq.) directs This rule does not impose an sovereignty. We have evaluated this rule OSMRE to use voluntary consensus unfunded mandate on State, local, or under the Department’s consultation standards in its regulatory activities Tribal governments, or the private sector policy and under the criteria in unless to do so would be inconsistent of more than $100 million per year. This Executive Order 13175, and have with applicable law or otherwise rule does not have a significant or determined that it has no substantial impractical. (OMB Circular A–119 at p. unique effect on State, local, or Tribal direct effects on federally recognized 14). This action is not subject to the governments or the private sector. This Tribes or on the distribution of power requirements of section 12(d) of the determination is based on an analysis of and responsibilities between the Federal NTTAA because application of those the corresponding Federal regulations, Government and Tribes. Therefore, requirements would be inconsistent which were determined not to impose consultation under the Department’s with SMCRA. tribal consultation policy is not an unfunded mandate. Therefore, a required. The basis for this Paperwork Reduction Act statement containing the information determination is that our decision is on required by the Unfunded mandates This rule does not include requests the Wyoming program that does not Reform Act (2 U.S.C. 1531 et seq.) is not and requirements of an individual, include Tribal lands or regulation of required. partnership, or corporation to obtain activities on Tribal lands. Tribal lands List of Subjects in 30 CFR Part 950 are regulated independently under the information and report it to a Federal applicable, approved Federal program. agency. As this rule does not contain Intergovernmental relations, Surface information collection requirements, a mining, Underground mining. Executive Order 13211—Actions submission to OMB under the Concerning Regulations That Paperwork Reduction Act (44 U.S.C. Dated: October 24, 2019. Significantly Affect the Energy Supply, 3501 et seq.) is not required. David A. Berry, Distribution, or Use Regional Director, Western Region. Regulatory Flexibility Act Executive Order 13211 requires For the reasons set out in the agencies to prepare a Statement of This rule will not have a significant Energy Effects for a rulemaking that is preamble, 30 CFR part 950 is amended economic impact on a substantial as set forth below: (1) considered significant under number of small entities under the Executive Order 12866, and (2) likely to Regulatory Flexibility Act (5 U.S.C. 601 PART 950—WYOMING have a significant adverse effect on the et seq.). The State submittal, which is supply, distribution, or use of energy. the subject of this rule, is based upon Because this rule is exempt from review ■ 1. The authority citation for part 950 corresponding Federal regulations for under Executive Order 12866, and is not continues to read as follows: which an economic analysis was a significant energy action under the Authority: 30 U.S.C. 1201 et seq. definition in Executive Order 13211, a prepared and certification made that Statement of Energy Effects is not such regulations would not have a ■ 2. Section 950.15 is amended in the required. significant economic effect upon a table by adding an entry in substantial number of small entities. In chronological order by ‘‘Date of Final Executive Order 13045—Protection of making the determination as to whether Publication’’ to read as follows: Children From Environmental Health this rule would have a significant Risks and Safety Risks economic impact, the Department relied § 950.15 Approval of Wyoming regulatory This rule is not subject to Executive upon the data and assumptions for the program amendments. Order 13045 because this is not an corresponding Federal regulations. * * * * *

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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] EGUs’ requirements to participate in the FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310–05–P corresponding CSAPR Federal trading Lachala Kemp, Environmental programs. Like the Federal trading Protection Agency, Region 7 Office, Air programs being replaced, the state Quality Planning Branch, 11201 Renner ENVIRONMENTAL PROTECTION trading programs approved in this SIP Boulevard, Lenexa, Kansas 66219; AGENCY revision fully satisfy Missouri’s good telephone number (913) 551–7214; neighbor obligations with respect to the email address [email protected]. 40 CFR Part 52 1997 and 2006 fine particulate matter SUPPLEMENTARY INFORMATION: [EPA–R07–OAR–2019–0337; FRL–10000– (PM2.5) national ambient air quality Throughout this document ‘‘we,’’ ‘‘us,’’ 20–Region 7] standards (NAAQS) and the 1997 ozone and ‘‘our’’ refer to the EPA. NAAQS and at least partially satisfy the Air Plan Approval; Missouri; Revisions State’s good neighbor obligations with Table of Contents to Cross-State Air Pollution Rule respect to the 2008 ozone NAAQS. This I. Background Annual Trading Program and revision will not have an adverse effect II. What is being addressed in this document? Rescission of Clean Air Interstate Rule on air quality. The EPA’s approval of III. Have the requirements for approval of a this rule revision is being done in SIP revision been met? ACTION: Final rule. accordance with the requirements of the IV. What action is the EPA taking? Clean Air Act (CAA) and the regulations V. Incorporation by Reference SUMMARY: VI. Statutory and Executive Order Reviews The Environmental Protection governing approval of CSAPR SIPs. Agency (EPA) is taking final action to I. Background approve a State Implementation Plan DATES: This final rule is effective on (SIP) revision submitted on January 15, January 3, 2020. Starting January 1, 2015, large 2019, and two revisions submitted on ADDRESSES: The EPA has established a electricity generating units (EGUs) in March 7, 2019, by the State of Missouri. docket for this action under Docket ID Missouri were required under a Federal The January 15, 2019, revision requests No. EPA–R07–OAR–2019–0337. All Implementation Plan (FIP) to participate EPA remove from the Missouri SIP the documents in the docket are listed on in CSAPR Federal trading programs for regulations that established state trading the https://www.regulations.gov SO2 and annual NOX emissions to programs under the Clean Air Interstate website. Although listed in the index, address Missouri’s obligations under Rule (CAIR). The EPA is only finalizing some information is not publicly CAA section 110(a)(2)(D)(i)(I) (the good the removal of the CAIR annual nitrogen available, i.e., CBI or other information neighbor provision) with respect to the oxides (NOX) and sulfur dioxide (SO2) whose disclosure is restricted by statute. 1997 and 2006 PM2.5 NAAQS. At the trading program rules. The EPA will act Certain other material, such as same time, the EPA stopped on the revisions to the State’s CAIR copyrighted material, is not placed on administering Missouri’s previous CAIR seasonal NOX trading program in a the internet and will be publicly state trading programs for SO2 and separate action. The March 7, 2019, available only in hard copy form. annual NOX. See 76 FR 48208 (August submissions request EPA approve into Publicly available docket materials are 8, 2011). the SIP Missouri’s Cross-State Air available through https:// The CSAPR regulations at 40 CFR Pollution Rule (CSAPR) state trading www.regulations.gov or please contact 52.38 and 52.39 allow states to adopt program rules for SO2, annual NOX, and the person identified in the FOR FURTHER either ‘‘abbreviated’’ CSAPR SIP ozone season NOX. This approval INFORMATION CONTACT section for revisions that modify emission automatically terminates Missouri additional information. allowance allocations but leave the

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