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Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations
summarize overall AML Policies and Procedures, including Department Structure, Staffing and Personnel Policies, Purchasing and Procurement, and the Accounting System. As such, Wyomings revised Plan Administrative Record No. WY05302 is consistent with the AML Reclamation Plan content requirements found at 30 CFR
884.13a4.
Wyomings revised Plan Administrative Record No. WY053
02 includes sections titled Description of Reclamation Activities in accordance with 30 CFR 884.13a5i, Wyoming AML Problems in accordance with 30
CFR 884.13a5ii, and Plan to Address Problems in accordance with 30 CFR 884.13a5iii, all of which provide general descriptions derived from available data of the reclamation activities to be conducted under the Wyoming Plan including: A map showing the general location of known or suspected eligible lands and waters;
a description of the problems occurring on those lands and waters; and how the Plan proposes to address each of the problems, including descriptions of the hazard abatement strategies. Because Wyoming is certified, the State has already completed all known high priority coal hazards. Therefore, the revised maps and information reflect the States certified status, identifying historic mining areas where AML
hazards may occur, as well as general AML hazard types and abatement strategies without identifying specific project areas. Individual project approval and funding are appropriately handled through the ATP process under 30 CFR 885.16e. Thus, sections of Wyomings revised Plan titled Description of Reclamation Activities, Wyoming AML Problems, and Plan to Address Problems are consistent with the AML Plan content requirements of 30 CFR 884.13a5.
Wyomings revised Plan Administrative Record No. WY053
02 includes sections titled: Geographic Areas of Wyoming; Wyoming Economic Base to include subsections of:
Economy, Energy, Agriculture, Economic Diversification, Population, Labor Force, and Unemployment Rate;
Significant Esthetic, Historic or Cultural, and Recreational Values; as well as Endangered and Threatened Plant, Fish, and Wildlife, and Habitat. These sections all provide a general description, derived from available data, of the conditions prevailing in the different geographic areas of the State where reclamation is planned. The available data is derived from the Bureau of Labor and Department of Energy, as well as other State and
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Federal agencies, such as the Wyoming Game and Fish Department and the U.S.
Fish and Wildlife Service. In addition, a map is included which indicates the locations of Wyoming coal fields. Thus, Wyomings revised Plan provides descriptions of the prevailing conditions in the State where reclamation may occur consistent with the requirements of 30 CFR 884.13a6.
Wyomings revised Plan Administrative Record No. WY053
02 includes a section titled Additional Requirement for Certified States and Indian Tribes, which provides a commitment to address all eligible coal problems found or occurring after certification as required under 30 CFR
875.13a3 and 875.14b. In addition, this section expands upon the prioritization matrix used by Wyoming to rank AML projects, which is found in Appendix F. Wyoming indicates it will prioritize coal hazards over noncoal hazards unless a noncoal hazard site ranks as a high human health or safety hazard, in which case such a project will be prioritized in tandem with coal projects. This will allow for reclamation of both coal and noncoal projects to be conducted on parallel schedules without impacting Wyomings response cycles on coal problems. By committing to give priority to addressing eligible coal problems found or occurring after certification as required in 30 CFR
875.13a3 and 875.14b, Wyomings revised Plan is consistent with the AML
Plan content requirements of 30 CFR
884.13b.
Finally, Wyomings revised Plan Administrative Record No. WY053
02 includes six Appendices. Appendix A, titled Public Records Regulation, incorporates new language into the Wyoming Plan regarding public records, which reflects a change to the Wyoming AML regulations approved by state statute in 2018. Appendix B, titled Legal Opinion, provides an updated letter from the Office of the Attorney General that confirms that the Wyoming DEQ
continues to have the legal authority to oversee and implement Wyomings AML Program. Appendix C, titled Policy and Purpose of the Environmental Quality Act, provides the Wyoming statutes and general provisions regarding public health and safety under which the Wyoming AML Division operates. Appendix D, titled Historic Documents, provides a bulletized list of the history of the Wyoming AML
Program, including the original approval of the program, the States certification, subsequent amendments, and other State legislation related to the AML Program. Appendix E, titled Census Data, provides population
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characteristics, businesses, and geographical information for Wyoming.
Appendix F, titled Priority Ranking Matrix, provides an example of the ranking criteria and weight factors which are used to calculate a weighted sum, which is then used to rank AML
projects by priority.
Thus, we find that Wyomings revised Plan Administrative Record No. WY
05302, as amended, meets all content requirements stipulated under 30 CFR
884.13 while also updating the Plan to be consistent with changes made to the Federal program in 2006, 2008, and 2015. Furthermore, Wyomings revised Plan meets the requirements of OSMREs March 6, 2019 letter, and any removals of outdated content support Wyomings goal of streamlining its Plan to make it more reader friendly. We, therefore, approve these changes and the Plan.
IV. Summary and Disposition of Comments Public Comments We asked for public comments on Wyomings amendment. One comment Administrative Record No. WY053
08 was received, which expressed a concern that the public would not be allowed to provide comments on the Federal Register in the future, which would therefore not allow the American people to have a general say in the future of the coal industry and regulations being put in place, thereby causing issues related to climate change.
This comment appeared to be directed toward the DEQs Regulatory Program for active operating mines, rather than the Wyoming AML Program, and the comment did not address the Wyoming Plan amendment. Furthermore, public comment on Federal Register notices involving amendments to State programs is routinely sought and allowed.
Federal Agency Comments On August 25, 2020, under 30 CFR
732.17h11i and section 503b of SMCRA, we requested comments on Wyomings amendment from various Federal agencies with an actual or potential interest in the Wyoming AML
Program, including its Plan Administrative Record No. WY053
04. We received one comment. In a letter dated September 17, 2020
Administrative Record No. WY053
07, the Wyoming Game and Fish Department WGFD stated the list of threatened and endangered species on pages 1718 of the revised Plan did not include the Kendall Warm Springs Dace and several other threatened and
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