Proposed Rule2026-00875
Wyoming Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 16, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed rule amendment to the Wyoming regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Between 2017 and 2021, the Wyoming Environmental Quality Council (EQC) approved several changes to the Wyoming Department of Environmental Quality (WYDEQ) Rules of Practice and Procedure. These updates largely focused on "Contested Case Hearings" rules and regulations for Wyoming State agencies. Accordingly, the State submitted this amendment proposal to OSMRE on its own initiative.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 11 (Friday, January 16, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Proposed Rules]
[Pages 2091-2093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-054-FOR; Docket ID: OSM-2024-0004; S1D1S SS08011000;
SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]
Wyoming Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed rule amendment to the
Wyoming regulatory program (Wyoming program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). Between 2017
and 2021, the Wyoming Environmental Quality Council (EQC) approved
several changes to the Wyoming Department of
[[Page 2092]]
Environmental Quality (WYDEQ) Rules of Practice and Procedure. These
updates largely focused on ``Contested Case Hearings'' rules and
regulations for Wyoming State agencies. Accordingly, the State
submitted this amendment proposal to OSMRE on its own initiative.
DATES: We will accept written comments on this amendment until 4:00
p.m., M.T., February 17, 2026. If requested, we may hold a public
hearing or meeting on the amendment on February 10, 2026. We will
accept requests to speak at a hearing until 4:00 p.m., M.T., on
February 2, 2026.
ADDRESSES: You may submit comments on the proposed rule amendment,
identified as State Amendment Tracking System (SATS) No. WY-054-FOR, by
any of the following methods:
<bullet> Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
<bullet> Fax: (307) 261-6552.
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Wyoming
program, this amendment, a listing of any scheduled public hearings or
meetings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSMRE's Casper
Field Office or the full text of the program amendment is available for
you to read at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602. Telephone: (307) 261-6550. Email: <a href="/cdn-cgi/l/email-protection#eb818d878e82988883868a85ab849886998ec58c849d"><span class="__cf_email__" data-cfemail="f69c909a939f85959e9b9798b699859b8493d8919980">[email protected]</span></a>.
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Brandi O'Brien, Administrator, Wyoming Department of
Environmental Quality Land Quality Division, 200 West 17th Street,
Suite 10, Cheyenne, Wyoming 82002. Telephone: (307) 777-7046. Email:
<a href="/cdn-cgi/l/email-protection#fb99899a959f92d5949989929e95bb8c8294d59c948d"><span class="__cf_email__" data-cfemail="6b09190a050f0245040919020e052b1c1204450c041d">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining Reclamation and Enforcement, 100
East B Street, Casper, Wyoming 82602. Telephone: (307) 261-6550.
Email: <a href="/cdn-cgi/l/email-protection#a3c9c5cfc6cad0c0cbcec2cde3ccd0ced1c68dc4ccd5"><span class="__cf_email__" data-cfemail="3c565a5059554f5f54515d527c534f514e59125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Wyoming Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its approved State program includes, among other things, State laws and
regulations that govern surface coal mining and reclamation operations
in accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7).
On the basis of these criteria, the Secretary of the Interior
conditionally approved the Wyoming program on November 26, 1980. You
can find background information on the Wyoming program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Wyoming program in the November 26, 1980, Federal
Register (45 FR 78637). You can also find later actions concerning the
Wyoming program and program amendments at 30 CFR 950.10.
II. Description of the Proposed Amendment
By letter sent December 17, 2024 (Admin Record No. WY-054-01),
Wyoming sent us a proposed amendment to its State program under SMCRA
(30 U.S.C. 1201 et seq.). We found Wyoming's proposed amendment
administratively complete on December 31, 2024 (Admin Record No. WY-
054-02).
Wyoming submitted this amendment after the EQC updated the WYDEQ
Rules of Practice and Procedure during three separate rulemaking
hearings, occurring between 2017 and 2021. Wyoming states in its
submission that rules that contain specific references to Public Law
95-87 (SMCRA) or the WYDEQ, Land Quality Division (LQD) coal rules were
not revised in order to maintain consistency with the LQD's approved
coal program.
In 2017, EQC revised the WYDEQ Rules of Practice and Procedure,
Chapter 1--General Rules, Chapter 2--Contested Case Hearings, Chapter
3--Rulemaking, Chapter 5--Petitions for Award of Costs and Expenses,
and Chapter 7--Very Rare or Uncommon Areas. Additionally, Chapter 4--
Rehearing was repealed and Chapter 6--Review by the Director, was
repealed and renamed Chapter 9--Director Review of Actions Involving
Surface Coal Mining Operations and All Hearings Before the Department.
The rule changes were made in response to a legislative change that
directed the Wyoming Office of Administrative Hearings to promulgate
uniform contested case rules for use by all Wyoming State agencies to
the extent those rules do not conflict with applicable Federal law.
In 2018, the EQC revised WYDEQ Rules of Practice and Procedure,
Chapter 1--General Rules, in response to a legislative change that
required uniform rules for all Wyoming State agencies in assessing fees
to produce public records. Chapter 1 was revised to adopt the uniform
rules in a new section 11 to include the rule and effective date that
is incorporated by reference.
In 2021, a rulemaking revised WYDEQ Rules of Practice and
Procedure, Chapter 3--Rulemaking, in response to the 2019 Wyoming House
Enrolled Act (HB0033) which clarified the role of WYDEQ's Advisory
Boards, developed a process by which the Director may bring matters
before the EQC, and amended the scope of the EQC's authority. Chapter 3
of the WYDEQ Rules of Practice and Procedure was revised to provide
consistency with these statutory changes.
The full text of the program amendment is available for you to read
at the locations listed above under ADDRESSES or at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Wyoming State program.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
amendment during the 30-day comment period, they should be specific,
confined to issues pertinent to the proposed regulations, and explain
the reason for any recommended change(s). We appreciate any and all
relevant comments, but those most useful and likely to influence
decisions on the final regulations will be those that either
[[Page 2093]]
involve personal experience or include citations to and analyses of
SMCRA, its legislative history, its implementing regulations, case law,
other pertinent State or Federal laws or regulations, technical
literature, or other relevant publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., M.S.T. on
February 2, 2026. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and
time of the hearing with those persons requesting the hearing. If no
one requests an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review and Executive
Order 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.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment.
We conclude our review of the proposed amendment after the close of
the public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and Executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Marcelo Calle,
Acting Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2026-00875 Filed 1-15-26; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 16, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.