Wyoming Regulatory Program

DEEPER READ

This regulatory action approves an amendment to Wyoming's state-level coal mining oversight program, which operates under the authority of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). SMCRA allows states to assume primary regulatory responsibility for surface coal mining within their borders if their programs meet federal standards. Wyoming's Land Quality Division administers such a program, and changes to it must be reviewed and approved by the federal Office of Surface Mining Reclamation and Enforcement before taking effect. The immediate trigger for this amendment was a January 19, 2024 federal action (SATS No. WY-050-FOR) that partially approved Wyoming's earlier rulemaking on coal exploration by drilling. In that 2024 decision, federal regulators identified specific provisions containing typographical errors and declined to approve those portions, requiring Wyoming to correct them through a subsequent rulemaking. This current amendment (SATS No. WY-055-FOR; Docket ID No. OSM-2025-0002) represents Wyoming's formal response, submitting corrected text for federal review and approval. The practical effect of this action is narrow and largely administrative. It does not create new substantive environmental or operational requirements for coal companies or landowners. Instead, it ensures that Wyoming's written regulations are internally consistent and free of clerical errors, which is necessary for legal clarity and enforceability. Those most directly affected include coal exploration companies operating in Wyoming that conduct drilling activities, as well as state regulators who apply these rules. By resolving the outstanding typographical issues, both state and federal agencies can operate with a cleaner regulatory record. There is no indication in the record of any substantive policy change accompanying these corrections. No specific implementation timeline beyond the effective date of the final rule is described in the available record. The action is routine in nature and represents the conclusion of a multi-step administrative process that began with the 2024 partial approval.

AS PUBLISHED

The Office of Surface Mining Reclamation and Enforcement (OSM), 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). The Wyoming Land Quality Division (WLQD) submitted this proposed amendment in response to our January 19, 2024 partial approval of an amendment to WLQD's regulations for coal exploration by drilling (SATS No. WY-050-FOR; Docket ID No. OSM-2021- 0004). In the final rule, under the heading "Revisions to Wyoming's Rules That We Are Not Approving," OSM listed several provisions containing typographical errors that WLQD would need to correct through future rulemaking. WLQD now proposes those corrections with this amendment (SATS No. WY-055-FOR; Docket ID No. OSM-2025-0002).

THE SAGE'S PERSPECTIVE