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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules
Wyoming program under the Surface Mining Control and Reclamation Act of 1977 SMCRA or the Act. Wyoming proposes revisions to its program, which includes rules regarding the disposal of decommissioned wind turbine blades and towers as backfill, in response to legislative changes made during the 2020 legislative session. In addition, revisions were made to Chapter 2:
Permit Application Requirements for Surface Coal Mining Operations, to correct grammatical errors and provide consistency with the Secretary of States Rules on Rules. The revised rules address several national, state, and local issues associated with wind energy generation, maintenance, and upgrades, as well as the resulting stockpile of decommissioned wind turbine blades and towers.
This document gives the times and locations that the Wyoming program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., m.d.t. September 3, 2021. If requested, we may hold a public hearing or meeting on the amendment on August 30, 2021. We will accept requests to speak at a hearing until 4:00
p.m., m.d.t. on August 19, 2021.
ADDRESSES: You may submit comments, identified by SATS No. WY050FOR, by any of the following methods:
Mail/Hand Delivery: Mr. Jeffrey Fleischman, Director, Denver Field Division; Office of Surface Mining Reclamation and Enforcement; Casper Area Office; 100 East B Street, Room 4100, P.O. Box 11018, Casper, Wyoming 82601.
Fax: 307 2616552.
Federal eRulemaking Portal: The amendment has been assigned Docket ID: OSM20210003. If you would like to submit comments, go to http
www.regulations.gov. Follow the instructions for submitting comments.
We cannot ensure that comments received after the close of the comment period see DATES or sent to an address other than the ones listed above will be included in the docket for this rulemaking and considered.
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
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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 OSMREs Casper Area Office or the full text of the program amendment is available for you to read at http www.regulations.gov.
Jeffrey Fleischman, Director Denver Field Division, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, 150 East B
Street, Room 1018, Casper, Wyoming 826011018. Telephone: 307 261
6550. Email: jfleischman@osmre.gov.
In addition, you may review a copy of the amendment during regular business hours at the following location: Kyle Wendtland, Administrator, Land Quality Division, Wyoming Department of Environmental Quality, 200 West 17th Street, Suite 10, Cheyenne, Wyoming 82002. Telephone: 307777
7046. Email: Kyle.Wendtland@wyo.gov.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Division Chief, Casper Area Office. Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, P.O. Box 11018, 150 East B Street Casper, Wyoming 826011018. Telephone: 307
2616555. Email: jfleischman@
osmre.gov.
SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Statutory and Executive Order Reviews
I. Background on the Wyoming Program Section 503a 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.
1253a1 and 7. On the basis of these criteria, the Secretary of the Interior approved the Wyoming program on November 26, 1980. You can find background information on the Wyoming program, including the Secretarys findings, the disposition of
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comments, and conditions of approval in the November 26, 1980, Federal Register 45 FR 78637. You can also find later actions concerning Wyomings program and program amendments at 30
CFR 950.11, 950.12, 950.15, 950.16, and 950.20.
II. Description of the Proposed Amendment By letter dated June 4, 2021
Administrative Record No. WY054
01, Wyoming sent us an amendment to its program under SMCRA 30 U.S.C.
1201 et seq.. Wyoming submitted the amendment in response to legislative changes made, through Wyoming House Bill HB0129 during the 2020 legislative session, to Wyoming Statute W.S.
3511402axiii, which outlined rules regarding how decommissioned wind turbine blades and towers could be used as backfill in open surface coal mine pits in order to facilitate disposal.
Due to the large volume of decommissioned wind turbine blades and towers, a lack of scalable recycling methods to facilitate their disposal, and the absence of guidance in SMCRA
regarding the disposal of non-mininggenerated, solid wastes at a coal mine, the Wyoming Legislature provided the Land Quality Division with the authority to develop rules and regulations regarding such disposal. The revised rules address local, state, and national issues associated with the resulting stockpile of decommissioned wind turbine blades and towers, as a result of wind energy generation, upgrades, and routine maintenance.
In addition, revisions were made to Chapter 2: Permit Application Requirements for Surface Coal Mining Operations, to provide consistency with the Wyoming Secretary of States Rules on Rules, as well as correct grammatical errors. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at http
www.regulations.gov.
III. Public Comment Procedures Under the provisions of 30 CFR
732.17h, we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program.
Electronic or Written Comments If you submit written or electronic comments on the proposed rule during the 30-day comment period, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended
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