2614 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

This rule is not a ‘‘significant energy 

action’’ under the definition of that term 

found in E.O. 13211. Therefore, a 

statement of energy effects is not 

required. 

List of Subjects 

30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Reporting 

and recordkeeping requirements, Rightsof-way, Sulfur. 

30 CFR Part 553 

Administrative practice and 

procedure, Continental shelf, Financial 

responsibility, Liability, Limit of 

liability, Oil and gas exploration, Oil 

pollution, Outer continental shelf, 

Penalties, Pipelines, Reporting and 

recordkeeping requirements, Rights-ofway, Surety bonds, Treasury securities. 

This action by the Principal Deputy 

Assistant Secretary is taken pursuant to 

an existing delegation of authority. 

Steven H. Feldgus, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, BOEM amends 30 CFR parts 

550 and 553 as follows: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

is revised to read as follows: 

Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 

43 U.S.C. 1334. 

■ 2. Revise § 550.1403 to read as 

follows: 

§ 550.1403 What is the maximum civil 

penalty? 

The maximum civil penalty is 

$55,764 per day per violation. 

PART 553—OIL SPILL FINANCIAL 

RESPONSIBILITY FOR OFFSHORE 

FACILITIES 

■ 3. The authority citation for part 553 

continues to read as follows: 

Authority: 33 U.S.C. 2704, 2716; 2716a; 

E.O. 12777, as amended. 

■ 4. Revise § 553.51(a) to read as 

follows: 

§ 553.51 What are the penalties for not 

complying with this part? 

(a) If you fail to comply with the 

financial responsibility requirements of 

OPA at 33 U.S.C. 2716 or with the 

requirements of this part, then you may 

be liable for a civil penalty of up to 

$59,114 per COF per day of violation 

(that is, each day a COF is operated 

without acceptable evidence of OSFR). 

* * * * * 

[FR Doc. 2025–00257 Filed 1–10–25; 8:45 am] 

BILLING CODE 4340–98–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–049–FOR; Docket No. OSM– 

2021–0003; S1D1S SS08011000 SX064A000 

245S180110; S1D1S SS08011000 

SX064A000 24XS501520] 

Wyoming Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving an amendment 

to the Wyoming regulatory program 

(hereinafter, the Wyoming Program or 

Program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). On its own 

initiative, the Wyoming Land Quality 

Division (LQD), in response to State 

legislative changes enacted in 2020, 

proposed rules to its Program that 

facilitate the disposal of inert 

decommissioned wind turbine blades 

and towers as backfill in end walls or 

the final pit voids in surface coal mining 

operations. In addition, Wyoming has 

updated Chapter 2 of its Coal Rules, 

titled ‘‘Permit Application 

Requirements for Surface Coal Mining 

Operations,’’ to provide consistency 

with the Wyoming Secretary of State’s 

Rules on Rules, as well as correct 

grammatical errors. 

DATES: Effective February 12, 2025. 

FOR FURTHER INFORMATION CONTACT: 

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: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. Statutory and Executive Order Reviews 

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 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 

in the November 26, 1980, Federal 

Register (45 FR 78637). You can also 

find later actions concerning Wyoming’s 

program and program amendments at 30 

CFR 950.11, 950.12, 950.15, 950.16, and 

950.20. 

II. Submission of the Amendment 

By letter dated June 4, 2021 

(Administrative Record No. WY–49–01), 

Wyoming LQD 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.) 

§ 35–11–402(a)(xiii). These changes 

outlined rules regarding how noncoal, 

non-mining waste, in the form of inert 

decommissioned wind turbine blades 

and towers, could be used as backfill in 

open surface coal mine pits in order to 

facilitate disposal of those materials. 

The proposed revisions to Chapter 2 of 

the Program allow for inert wind turbine 

blades and towers to be placed in the 

final pit voids or end walls of surface 

coal mining operations during 

reclamation. In addition, Wyoming has 

proposed grammatical changes to 

Chapter 2 as well as minor edits to 

provide consistency with the Wyoming 

Secretary of State’s Rules on Rules. 

Wyoming stated in its submission that 

the Wyoming Legislature tasked LDQ 

with developing rules and regulations 

about the disposal of noncoal, nonmining-generated solid wastes at surface 

coal mining and reclamation operations 

because of the large volume of 

decommissioned wind turbine blades 

and towers, a lack of scalable recycling 


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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2615 

methods to facilitate their disposal, and 

limited guidance in SMCRA about this 

type of disposal. Wyoming’s submission 

seeks to address issues associated with 

the resulting stockpile of 

decommissioned wind turbine blades 

and towers as a result of wind energy 

generation, upgrades, and routine 

maintenance. 

We announced receipt of the 

proposed amendment in the August 4, 

2021, Federal Register (86 FR 41907). 

With that announcement, we opened 

the public comment period and 

provided an opportunity for a public 

hearing or meeting on the adequacy of 

the proposed amendment. We did not 

hold a public hearing or meeting 

because none was requested. We did not 

receive any comments regarding the 

amendment. The public comment 

period ended on September 3, 2021. 

On September 27, 2024, OSMRE sent 

a letter to the Environmental Protection 

Agency’s Office of Land and Emergency 

Management (EPA) for comment on 

Wyoming’s proposed amendment. On 

October 24, 2024, EPA responded that it 

does not see a conflict between 

Wyoming’s proposed revisions and the 

Resource Conservation and Recovery 

Act (RCRA) as long as the facilities are 

permitted and subject to Wyoming’s 

Construction and Demolition Landfill 

Regulations under Chapter 4 of 

Wyoming’s Solid Waste Division Rules, 

and meet the Federal criteria at 40 CFR 

257, Subpart A. To further assist us in 

making a final determination on 

Wyoming’s submission, by letter dated 

November 26, 2024, OSMRE sent 

Wyoming a letter requesting 

clarification on certain issues 

(Administrative Record No. WY–049– 

12; www.regulations.gov Docket No. 

OSM–2021–0003–0009). Wyoming 

responded by letter dated December 3, 

2024 (‘‘Clarification Letter’’) 

(Administrative Record No. WY–049– 

13; www.regulations.gov Docket No. 

OSM–2021–0003–0010). 

III. OSMRE’s Findings 

We are approving the revisions to 

Wyoming’s State program. We made the 

following findings about Wyoming’s 

amendment as provided under SMCRA 

and the Federal regulations at 30 CFR 

730.5, 732.15, and 732.17. 

1. Discussion of Regulatory Changes 

Submitted by Wyoming 

a. WCWR 020–0006–2 Section 1(a); 

Section 2(a); Section 3 (b)–(d), (f), (j)– 

(k); Section 4(a); and Section 5(a)— 

Minor corrections 

In these sections, Wyoming proposed 

grammatical changes to Chapter 2 as 

well as minor edits to provide 

consistency with the Wyoming 

Secretary of State’s Rules on Rules. 

These revisions were non-substantive 

changes. Therefore, we are approving 

Wyoming’s proposed changes to WCWR 

020–0006–2 Section 1(a); Section 2(a); 

Section 3 (b)–(d), (f), (j)–(k); Section 

4(a); and Section 5(a) because they are 

consistent with SMCRA and no less 

effective than the Federal regulations. 

b. WCWR 020–0006–2 Section 6—Wind 

Turbine Blades and Towers as Backfill 

Wyoming’s proposed rule changes 

WCWR 020–0006–2 Section 6(b)(ii), 

primarily by adding paragraph (F), 

which describes what information is 

required in the reclamation plan where 

an operator intends to dispose of ‘‘inert 

decommissioned wind turbine blades 

and towers’’ as backfill. Neither SMCRA 

nor the Federal regulations expressly 

provide for the disposal of noncoal, 

non-mining solid waste, such as inert 

decommissioned wind turbine blades 

and towers, on surface coal mining and 

reclamation operations as part of 

reclamation. The lack of Federal 

counterpart, however, does not 

automatically determine whether 

Wyoming’s proposed changes to its 

State program are consistent with 

SMCRA and no less effective than the 

Federal regulations. Any material 

placed in mine pits or otherwise used to 

reclaim a permitted mine site must 

comply with SMCRA permitting 

requirements and performance 

standards, regardless of whether the 

material originates within the permit 

area or whether it is imported from 

outside the permit area, and the 

regulatory authority has the authority to 

establish monitoring and analysis 

requirements for those materials. See, 

e.g., Pacific Coal Co. v. OSM, Civ. No. 

03–0260Z, (W.D. Wash. Feb. 2, 2004). 

So, to ensure Wyoming’s proposed 

amendment meets our approval 

standards, we must conduct a 

comparison of Wyoming’s proposed 

rules to SMCRA and the Federal 

regulations. 

WCWR 020–0006–2 Section 6(b)(ii)(F) 

has six requirements, which specify: (I) 

that ‘‘only inert base material from 

decommissioned wind turbine blades 

and towers’’ are allowed to be disposed 

of in the backfill; (II) ‘‘[n]acelles and 

nacelle housings’’ and ‘‘mechanical, 

electrical, and other materials’’ are not 

permitted to be disposed of in the 

backfill and must be removed before 

disposal; (III) as described in more 

detail below, the material disposed of 

may only be placed in approved 

locations that meet certain criteria with 

certain disclosures; (IV) certain 

placement requirements, including how 

the material must be placed in the pits 

and groundwater monitoring; (V) final 

surface reclamation requirements; and 

(IV) the operator pay Wyoming, on a 

quarterly basis, 25 percent of any 

revenues collected by the operator for 

disposal of this material. 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(I) and (II) simply describe the 

types of noncoal, non-mining solid 

wastes that may be placed in the backfill 

under this section. As proposed, WCWR 

020–0006–2 Section 6(b)(ii)(F)(III) 

contains six requirements for locations 

where inert decommissioned wind 

turbine blades and towers are 

authorized as part of the backfill. The 

first two requirements provide the 

location within the backfill area in 

which inert decommissioned wind 

turbine blades and towers may be 

placed. Specifically, these materials can 

be placed in ‘‘end walls’’ or ‘‘final pit 

voids’’ and placed ‘‘a minimum of 

twenty feet above the pre-mining 

potentiometric surface of the coal 

aquifer and a minimum of twenty feet 

below the final regraded spoils 

surface[.]’’ WCWR 020–0006–2 Section 

6(b)(ii)(F)(III)(1.) and (2.) 

Neither SMCRA nor the Federal 

regulations nor Wyoming’s regulations 

contain definitions of ‘‘end wall’’ or 

‘‘final pit voids.’’ However, the end wall 

and final pit are commonly understood 

to refer to the final cut of an open pit 

or the last pit excavation in a mining 

area. Therefore, OSMRE interprets this 

to mean that Wyoming intends to allow 

disposal of certain types of inert 

decommissioned wind turbine blades 

and towers in the open space, or void, 

left in the final mining cut and not the 

first or middle cuts on a mine site. 

Similarly, SMCRA, the Federal 

regulations, and Wyoming’s regulations 

do not contain a definition or 

explanation of the phrase ‘‘pre-mining 

potentiometric surface of the coal 

aquifer.’’ OSMRE interprets this to mean 

that any disposal would only be allowed 

in the area 20 feet above the pre-mining 

potentiometric surface of the coal 

aquifer. If the disposal is occurring 

above a pre-mining unconfined coal 

aquifer, OSMRE interprets this to mean 

that the material would be placed at 

least 20 feet above the top of the coal 

seam aquifer. It is OSMRE’s 

understanding that this is designed to 

ensure that when groundwater returns 

to the backfilled area, the wind turbines 

and blades will not come in contact 

with groundwater. As such, we find that 

these provisions are in accordance with 

SMCRA and consistent with the Federal 

regulations; any implementation of this 

phrase by Wyoming that is inconsistent 


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with this interpretation may require 

OSMRE to reevaluate this approval. 

Because SMCRA and the Federal 

regulations do not contemplate disposal 

of any noncoal, non-mine waste in 

backfill areas on SMCRA sites, there are 

no existing corresponding statutory or 

regulatory requirements for this type of 

disposal. While this type of disposal is 

not explicitly authorized under SMCRA, 

the fact that Wyoming’s proposed 

changes do not exempt the areas 

accepting this waste material from any 

other requirements of either SMCRA or 

the Federal regulations indicates that 

the practice should not result in mining 

or reclamation that is not in accordance 

with the minimum requirements of 

SMCRA or inconsistent with the Federal 

regulations. Furthermore, the proposed 

changes requiring that the specific types 

of waste be placed only in limited areas, 

a minimum of 20 feet above the premining potentiometric surface of the 

coal aquifer and a minimum of 20 feet 

below the final regraded spoils surface 

should reduce the potential for this 

material to come into contact with 

water. This requirement should reduce 

the potential for leachate and not 

conflict with the existing SMCRA 

performance standards. 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(III) sections (3.) and (5.) 

require that the backfill disposal 

location be mapped with a legal 

description, with backfill locations and 

groundwater monitoring locations 

updated annually, and that a disclosure 

be placed on the real property deed for 

the described lands before final bond 

release. Again, because SMCRA and the 

Federal regulations do not contemplate 

disposal of such noncoal, non-mine 

waste in backfill areas on SMCRA sites, 

there are no corresponding Federal 

statutory or regulatory requirements for 

this type of disposal under SMCRA. 

Instead, OSMRE evaluated this proposal 

to ensure that Wyoming’s proposed 

changes are in accordance with SMCRA 

and consistent with the Federal 

regulations, which raised two potential 

concerns. 

First, the wording of WCWR 020– 

0006–2 Section 6(b)(ii)(F) appears to 

require all applicants to include a plan 

to dispose of inert decommissioned 

towers and blades in their reclamation 

plan. For example, WCWR 020–0006–2 

Section 6(b)(ii)(B) and (C) each contain 

a preface that reclamation plans for 

terraces & benches and permanent water 

impoundments are required only when 

those features ‘‘are proposed’’ by the 

applicant; in contrast, WCWR 020– 

0006–2 Section 6(b)(ii)(F) has no such 

preface. In the Clarification Letter, 

Wyoming stated that disposal of inert 

decommissioned wind turbine blades 

and towers on a SMCRA mine site is ‘‘a 

voluntary requirement’’ and will only be 

included in the reclamation plan if ‘‘the 

operator chooses to accept and use the 

towers and blades as backfill.’’ 

Second, the proposed rules do not 

address what would happen if a mineral 

or surface owner does not consent to a 

proposal to place inert decommissioned 

wind turbine blades and towers in the 

excavated pits. In the Clarification 

Letter, Wyoming responded that: ‘‘[t]he 

rules apply regardless of surface 

ownership (private, state or federal) but 

surface owner consent would be 

required before the disposal of any wind 

turbine blades or towers would be 

allowed under WS § 35–11–406(b)(xi) 

and (xii).’’ See, e.g., WS § 35–11– 

406(b)(xii) (which ‘‘requires an 

instrument of consent from the surface 

landowner, if different from the owner 

of the mineral estate, be included to the 

mining and reclamation plans. If 

consent cannot be obtained, the 

applicant can request a hearing on the 

issue before the Environmental Quality 

Council. The Council is required to 

issue an order in lieu of consent if 

certain findings are made.’’). Wyoming 

also noted that WCWR 020–0006–2 

Section 6(b)(ii)(F)(III)(5.) would require 

that where inert decommissioned wind 

turbine blades and towers have been 

disposed of on a SMCRA site, a 

disclosure of such must be placed on 

the real property deed, ‘‘which would 

also require surface owner consent.’’ 

Furthermore, Wyoming has clarified 

that consent from surface owners, 

including the Federal government, is 

required before such disposal can occur. 

We note, however, that Federal lands, as 

defined in SMCRA, applies to ‘‘any 

land, including mineral interests, 

owned by the United States . . . .’’ 30 

U.S.C. 1291(4). To the extent that 

Wyoming seeks to apply this rule to 

Federal lands (including lands with 

either Federal surface or mineral 

ownership) through its State-Federal 

Cooperative Agreement (30 CFR 950.20), 

Wyoming must receive all necessary 

Federal agency approvals before any 

disposal occurs. 

After clarification of these two points, 

we find that these provisions are in 

accordance with SMCRA and consistent 

with the Federal regulations; any 

implementation of this regulations by 

Wyoming that is inconsistent with these 

clarifications may require OSMRE to 

reevaluate this approval. 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(III)(4.) allows the reclaimed 

land above an approved backfill 

disposal location to be designated as a 

joint or alternative land use as long as 

the applicant provides the required 

demonstration in Section 6(b)(x)(C) of 

the same Chapter and the disposal 

supports the approved land use as 

required in Section 6(b)(x). 

Under the Federal regulations at 30 

CFR 816.133, all disturbed lands are 

required to be restored in a timely 

manner to conditions capable of 

supporting the uses they were capable 

of supporting before any mining or to a 

higher or better use. If the postmining 

land use is different than the pre-mining 

uses of land, a regulatory authority may 

approve an ‘‘alternative land use’’ if it 

is a higher or better use. Wyoming’s 

currently approved regulations at 

WCWR 020–0006–2 Section 6(b)(x)(B)– 

(C) are substantially similar to the 

Federal regulations. Wyoming’s 

proposed amendment states that ‘‘[t]he 

approved backfill disposal location may 

be designed as a joint or alternative land 

use in the approved reclamation plan 

(WCWR 020–0006–2 Sec. 6(b)(x)(B)). 

Approval of alternative land uses 

requires a demonstration as required in 

WCWR 020–0006–2 Sec. 6(b)(x)(C) [of 

WYDEQ’s Coal Rules]. The disposal of 

inert towers and blades must support 

the postmining land use identified in 

accordance with the requirements of 

Section 6(x) of this Chapter.’’ In its 

Clarification Letter, Wyoming confirmed 

that the inert decommissioned wind 

turbine tower and blade disposal will 

occur contemporaneously with 

reclamation and that it is not creating a 

new postmining land use for waste 

disposal areas. Specifically, Wyoming 

noted that the wind turbine blades and 

towers ‘‘would only be part of the 

backfill plan and not contemporaneous 

with final reclamation.’’ 

We understand Wyoming’s response 

to mean, as required by the proposed 

changes to their reclamation plan 

requirements, wind turbine blade and 

tower disposal would only occur during 

the backfill stage of the reclamation 

once the operation has met an end wall 

or final void. As required by the 

performance standards in both the 

Federal regulations at 30 CFR 816.100 

and the Wyoming regulations at WCWR 

020–0006–4 Section 2(b)(i), all coal 

mine operators are required to reclaim 

land as contemporaneously as 

practicable with mining operations, 

including but not limited to backfilling, 

grading, topsoil replacement, and 

revegetation. Nothing in Wyoming’s 

proposed amendment would remove or 

alter the existing contemporaneous 

reclamation requirement from 

Wyoming’s performance standards. 

Operators who elect to dispose of wind 

turbine blades and towers must still 

reclaim their land as 


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contemporaneously as possible with 

their mining operation. Thus, with this 

understanding, Wyoming’s proposed 

amendment is in accordance SMCRA 

and consistent with the Federal 

regulations in relation to 

contemporaneous reclamation 

requirements. 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(III)(6.) requires that any 

‘‘backfill disposal location approved by 

the Division shall comply with Chapter 

4, Section 4 of the Solid and Hazardous 

Waste Division Rules. As enacted in 

1977, SMCRA states that ‘‘[n]othing in 

this Act shall be construed as 

superseding, amending, modifying, or 

repealing . . . The Solid Waste Disposal 

Act . . .’’ 30 U.S.C. 1292(a)(5). One year 

prior, RCRA amended the Solid Waste 

Disposal Act on October 21, 1976. 

Public Law 94–580, Oct. 21, 1976, 90 

Stat. 2795. Therefore, SMCRA does not 

permit an action that has the effect of 

superseding, amending, modifying, or 

repealing RCRA or the Solid Waste 

Disposal Act. 

In Wyoming’s June 4, 2021, 

submission letter for this proposed 

amendment, Wyoming stated that its 

proposed rules for the disposal of 

decommissioned inert towers and 

blades would be compliant with the 

Wyoming Solid Waste Diversion Rules 

Chapter 4 Construction and Demolition 

Landfill Regulations. However, 

Wyoming’s proposed rules do not 

require a permit under the Construction 

and Demolition Landfill Regulations 

and only provide cross-references to 

Chapter 4, Sections 4 and 8(b)(iv)(A) of 

the Solid and Hazardous Waste Division 

Rules, which are subsets of Wyoming’s 

Construction and Demolition Landfill 

within WCWR 020–0009–4 Section 2(a) 

and the Federal requirements of 40 CFR 

part 257, subpart A. 

OSMRE acknowledges that an LQD 

permit issued pursuant to SMCRA can, 

in certain circumstances, substitute for 

the separate permit required by 

Wyoming’s Construction and 

Demolition Landfill requirements. As 

noted earlier and as discussed below 

under ‘‘Section IV. Summary and 

Disposition of Comments,’’ OSMRE 

sought consultation from EPA because 

Wyoming’s proposal would authorize 

disposal of waste material normally 

regulated under RCRA on SMCRA sites. 

EPA’s response indicated that a facility 

receiving decommissioned inert towers 

and blades, including SMCRA coal 

mines, would need to meet all 

requirements of Wyoming’s 

Construction and Demolition Landfill 

regulations within WCWR 020–0009–4, 

Section 2(a), and the Federal criteria at 

40 CFR part 257, subpart A. The EPA 

notes that Section 2(a) of Wyoming’s 

Construction and Demolition Landfill 

regulations requires RCRA permit 

applications to contain applicable 

information related to Sections 3 

through 17, which include criteria for 

the location, design and construction, 

operating, monitoring, and corrective 

action standards, among others. The 

EPA concluded that it does not see a 

conflict between Wyoming’s proposed 

rule and the RCRA program, so long as 

these proposed rules are implemented 

such that they meet Wyoming’s 

Construction and Demolition Landfill 

regulations within WCWR 020–0009–4, 

Section 2(a) and the Federal 

requirements of 40 CFR part 257, 

subpart A. 

In its Clarification Letter, Wyoming 

stated that ‘‘[a]lthough specific sections 

of Solid Waste Rule, Chapter 4 are listed 

in the Land Quality Rule, facilities are 

required to meet all applicable 

standards in all rules.’’ Based on this 

representation that all facilities, 

including SMCRA sites receiving wind 

turbine and blade waste materials, are 

required to satisfy all Construction and 

Demolition Landfill regulations within 

WCWR 020–0009–4 Section 2(a) and the 

Federal requirements of 40 CFR part 

257, subpart A, OSMRE determined that 

these provisions would be in 

accordance with SMCRA and consistent 

with Federal regulations; any 

implementation of this section that is 

inconsistent with this interpretation 

may require OSMRE to reevaluate its 

approval. 

As proposed, WCWR 020–0006–2 

Section 6(b)(ii)(F)(IV) contains three 

closure requirements for locations 

where inert decommissioned wind 

turbine blades and towers are 

authorized as part of the backfill. The 

first outlines how this material should 

be placed in lifts to prevent subsidence, 

the second outlines groundwater 

monitoring requirements, and the third 

relates to bond releases. WCWR 020– 

0006–2 Section 6(b)(ii)(F)(IV). 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(IV)(1.) requires that inert 

decommissioned wind turbine blades 

and towers be placed in lifts not to 

exceed 10 feet and covered with a 

minimum of 15 feet of suitable backfill 

‘‘dry tomb placement.’’ The Federal 

regulations at 30 CFR 780.18(b)(3) 

require a plan for backfilling, soil 

stabilization, grading, and compacting, 

with contour maps or cross sections to 

show the anticipated final surface 

configuration in accordance with 30 

CFR 816.102. Federal regulation 30 CFR 

816.102(c) requires the operator to 

compact spoil to ensure stability or to 

prevent leaching of toxic material. 

Under Wyoming’s rules at WCWR 020– 

0006–2 Section 6(b)(ii)(E), a mine 

operator’s reclamation plan must be 

designed to ensure stability of the 

reclaimed land surface. 

A lift is a method in which an 

operator puts dirt above and below an 

area or object. Typically, these areas are 

compacted. This placement 

configuration stabilizes the surrounding 

area and helps to prevent leaching of 

material throughout the surrounding 

soil; thus, assuming the lift uses 

compacted dirt, this section is in 

accordance with SMCRA and consistent 

with the Federal regulations. 

While lifts are helpful in preventing 

subsidence, Wyoming’s proposed 

amendment does not specify whether 

this proposed regulation requires the 

lifts to be compacted or if loose fill is 

allowed. Wyoming’s proposed 

regulations do not address if or how 

inert decommissioned wind turbine 

blades and towers will be processed 

before disposal. Inert towers and blade 

casings are generally rigid and hollow 

and are made of fiberglass and epoxy 

resin. While the material is durable, 

over an extended period of time it will 

break down. In addition, unprocessed 

inert turbine blades and casings are 

hollow, so the breakdown of material 

could potentially cause soil instability 

and subsidence, which could be 

worsened if multiple inert turbine 

blades and towers are stacked together. 

Therefore, there is potential that surface 

and postmining land use activities will 

be affected by a subsidence issue in the 

future, after bond release. 

In its Clarification Letter, Wyoming 

stated that Chapter 4, Section 2(b) of the 

Wyoming’s Coal Rules (Coal Chapter 2, 

Section 6(b)(ii)(F)(IV)(1)), which details 

the requirements for a plan for 

backfilling, grading, and contouring all 

affected lands, requires an applicant to 

provide procedures for assuring stability 

of the reclaimed land surface. 

Wyoming’s response indicates that 

Wyoming intends for its rules to require 

an operator to reclaim areas, including 

wind turbine disposal sites, in a way 

that prevents subsidence. Thus, 

Wyoming’s proposed rules are in 

accordance with SMCRA and consistent 

with the Federal regulations in 

preventing subsidence in reclaimed 

areas; any implementation of this 

section that is inconsistent with this 

interpretation may cause OSMRE to 

reevaluate its approval. 

WCWR 020–0006–2 Section 

6(b)(ii)(F)(IV)(2.) and (3.) require that 

the groundwater monitoring plan 

required by Wyoming’s existing coal 

rules also include monitoring wells to 

be installed and monitored in 


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2618 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

accordance with Chapter 4, Section 

8(b)(iv)(A) of the Solid and Hazardous 

Waste Division Rules, and that this 

groundwater monitoring and vegetation 

monitoring continue until final bond 

release. 

Under SMCRA at 30 U.S.C. 1259, a 

coal mine operator is required to obtain 

a performance bond once their permit 

has been approved by the regulatory 

authority. The amount of the bond is 

calculated by determining the cost to 

fully reclaim a mine site. To obtain full 

release of its performance bond, an 

operator must meet the requirements of 

30 CFR 800.40, which includes rules for 

re-vegetation and water monitoring, 

among others. Wyoming has equivalent 

requirements under its own Coal 

Program at WCWR 020–0006–15. 

Wyoming’s proposed amendment does 

not explicitly require recalculating bond 

amounts to account for potential 

impacts or uncertainty related to the 

disposal of inert decommissioned wind 

turbines and towers on their permit. 

While Wyoming did not specifically 

indicate how the proposed amendment 

will affect its bonding calculations, 

Wyoming reiterated in its Clarification 

Letter that operators are required to 

meet all of the existing and approved 

bonding rules in WCWR 020–0006–11, 

as well as those prescribed by SMCRA 

and the Federal regulations. Under 

Wyoming’s existing rules, if disposal of 

wind turbine blades or towers caused 

unanticipated impacts, Wyoming would 

be required to adjust the bond amounts 

and order an operator to correct the 

issue without any further revision to its 

regulations. 

Wyoming’s proposal adds the 

requirement that any additional 

groundwater monitoring requirements 

under Chapter 4, Section 8(b)(iv)(A) of 

the Solid and Hazardous Waste Division 

Rules be added to LDQ’s permit. 

Wyoming’s proposal does not remove 

any existing groundwater monitoring 

requirements or bond requirements 

already approved by OSMRE. 

Consequently, Wyoming’s proposed 

amendment is in accordance with 

SMCRA and consistent with the Federal 

regulations with regard to groundwater 

monitoring and bonding. 

As proposed, WCWR 020–0006–2 

Section 6(b)(ii)(F)(V) contains two final 

surface reclamation requirements. First, 

Section 6(b)(ii)(F)(V)(1.) requires that 

the final reclamation surface must blend 

with the surrounding mine reclamation 

and have a permanent vegetative cover 

in accordance with Chapter 4, Section 

2(d) of the Division’s Coal Chapter 4 

requirements. Second, Section 

6(b)(ii)(F)(V)(2.) requires that the final 

reclamation must drain properly and 

not impound water in accordance with 

the Division’s Coal Chapter 4 

requirements. 

Under the Federal regulations at 30 

CFR 816.102, areas disturbed by surface 

coal mining operations must be 

backfilled and graded to achieve 

approximate original contour (AOC), 

except in limited cases. Wyoming’s 

regulations, at WCWR 020–0006–4 Sec. 

2 (b)(iii), also require all affected lands 

to be returned to AOC, with some 

exceptions. Wyoming defines AOC to 

mean ‘‘surface configuration achieved 

by backfilling and grading of the mined 

areas so that the reclaimed land surface 

closely resembles the general surface 

configuration of the land prior to mining 

and blends into and complements the 

drainage pattern of the surrounding 

terrain.’’ WCWR 020–0006–1 Sec. 2 (h). 

Under its proposed regulations for the 

disposal of inert towers and blades 

within surface coal mining sites, 

Wyoming would require the reclaimed 

surface to not exceed the approximate 

pre-mining slopes, WCWR 020–0006–2 

Sec. 6 (b)(ii)(D), and the lands to blend 

with the surrounding mine reclamation. 

WCWR 020–0006–2 Sec. 6 

(b)(ii)(F)(V)(1). To clarify this matter, we 

asked Wyoming if it could describe how 

its proposed regulations will ensure that 

the surface configuration achieved by 

backfilling and grading of the areas 

receiving inert towers and blades will 

closely resemble the general surface 

configuration of the land prior to mining 

and blend into and complement the 

drainage pattern of the surrounding 

terrain. (Administrative Record No. 

WY–049–12). 

In its Clarification Letter, Wyoming 

confirmed that the requirements in 

Sections 6(b)(ii)(F)(V)(1.) and (2.) are in 

addition to the requirement that the 

entire mine, including areas receiving 

disposal of inert towers and blades, 

must achieve approximate original 

contour as required by Chapter 4, 

Section 2(b)(iii) of the Division’s Coal 

Rules. Because this provision does not 

remove any existing requirements 

related to achieving approximate 

original contour and only adds the 

requirement that the disposal areas must 

blend with the surrounding mine and 

drain properly, Wyoming’s proposed 

amendment is in accordance with 

SMCRA and consistent with the Federal 

regulations in ensuring that these sites 

will be reclaimed to achieve 

approximate original contour. 

2. Conclusion 

As explained above, with the 

information contained in its initial 

submission and the Clarification Letter, 

we conclude that the proposed 

amendment is in accordance with 

SMCRA and consistent with the Federal 

regulations. We therefore approve 

Wyoming’s changes to its State program. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment, but we did not receive any. 

Federal Agency Comments 

On June 16, 2021, under 30 CFR 

732.17(h)(11)(i) and section 503(b) of 

SMCRA, we requested comments on the 

amendment from various Federal 

agencies with an actual or potential 

interest in the Wyoming program 

(Administrative Record No. WY–49–04). 

We did not receive any comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to get a written concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). None of the 

revisions that Wyoming proposed to 

make in this amendment pertain to air 

or water quality standards. Therefore, 

we did not ask EPA to concur on the 

amendment. However, on June 16, 2021, 

under 30 CFR 732.17(h)(11)(i), we 

requested comments from EPA Region 8 

on the amendment (Administrative 

Record No. WY–049–04). The EPA did 

not respond to this request. 

OSMRE identified that Wyoming’s 

proposed amendment may have RCRA 

implications because Wyoming’s 

proposal would authorize the disposal 

of waste material normally regulated 

under RCRA in SMCRA sites. So, 

pursuant to 30 CFR 732.17(h)(11)(i), on 

September 27, 2024, we sent a letter to 

the EPA’s Office of Land and Emergency 

Management requesting comment. 

(Administrative Record No. WY–049– 

07). The EPA responded on October 24, 

2024. (Administrative Record No. WY– 

049–10). These letters are posted on 

www.regulations.gov (Docket Nos. 

OSM–2021–0003–00007 and OSM– 

2021–0003–0008). 

The EPA commented that, under 

RCRA, the EPA establishes a national 

minimum standard for non-hazardous 

waste, the states are delegated the lead 

role in overseeing the disposal of nonhazardous waste, and the generator of 

waste is ultimately responsible for 

determining whether the waste qualifies 

as non-hazardous. The EPA explained 

that, if wind turbine blades and towers 


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are appropriately characterized as nonhazardous waste and no other waste is 

accepted at these wind turbine disposal 

facilities, then such facilities would be 

subject to 40 CFR part 257, subpart A, 

entitled ‘‘Classification of Solid Waste 

Disposal Facilities and Practices.’’ 

As explained in more detail above, 

the EPA interpreted Wyoming’s 

proposed amendment to mean that the 

wind turbine disposal facilities are 

permitted and subject to Wyoming’s 

Construction and Demolition Landfill 

Regulations under Chapter 4 of 

Wyoming’s Solid Waste Division Rules. 

Accordingly, a facility under these 

proposed rules would need to meet both 

the Wyoming criteria and Federal 

criteria at 40 CFR part 257, subpart A. 

The EPA concluded its comment by 

stating that, so long as these criteria are 

met, it does not anticipate a conflict 

between Wyoming’s proposed 

amendments and RCRA. 

OSMRE Response 

OSMRE appreciates EPA’s response. 

As explained above, SMCRA provides 

that nothing in SMCRA can be 

construed as superseding, amending, 

modifying, or repealing various 

environmental laws, including the Solid 

Waste Disposal Act, which RCRA 

amended. In its June 4, 2021, 

submission letter for this proposed 

amendment, Wyoming stated that its 

proposed rules for the disposal of 

decommissioned inert towers and 

blades would be compliant with 

Wyoming Solid Waste Diversion Rules 

Chapter 4, ‘‘Construction and 

Demolition Landfill Regulations.’’ In our 

November 26, 2024, letter to Wyoming, 

we asked Wyoming to describe how its 

proposed regulations will comply with 

all of Chapter 4 of Wyoming’s Solid 

Waste Diversion Rules. Wyoming’s 

Clarification Letter stated: ‘‘The 

standards found in Wyoming Solid 

Waste Rule Chapter 4 are state standards 

and there is no federal oversight for this 

type of waste disposal under [RCRA] 

and as verified in US EPA’s October 24, 

2024, letter. Although specific sections 

of Solid Waste Rule, Chapter 4 are listed 

in the Land Quality Rule, facilities are 

required to meet all applicable 

standards in all rules.’’ 

Based on EPA’s response and 

Wyoming’s commitment that ‘‘facilities 

are required to meet all applicable 

standards in all rules[,]’’ we conclude 

that this amendment does not 

supersede, amend, modify, or repeal 

RCRA so long as the disposal facilities 

authorized under this amendment are 

permitted and subject to all of 

Wyoming’s Construction and 

Demolition Landfill Regulations under 

Chapter 4 of Wyoming’s Solid Waste 

Division Rules and meet the Federal 

criteria at 40 CFR part 257, subpart A. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On June 16, 2021, we 

requested comments on Wyoming’s 

amendment (Administrative Record No. 

WY–054–04). We did not receive 

comments from the SHPO or ACHP. 

Nevertheless, OSMRE determined there 

will be no effect on historic or cultural 

resources as a result of this amendment 

because wind turbine blades and towers 

will be disposed of in pits as backfill 

material within the footprint of areas 

disturbed by coal mining activities. 

V. OSMRE’s Decision 

Based on the above findings, we are 

approving Wyoming’s amendment 

submitted to us on June 4, 2021. To 

implement this decision, we are 

amending the Federal regulations at 30 

CFR part 950, which codify decisions 

concerning the Wyoming program. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Section 503(a) of SMCRA requires that 

the State’s program demonstrate that the 

State has the capability of carrying out 

the provisions of the Act and meeting its 

purposes. SMCRA requires consistency 

of State and Federal standards. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule would not effect a taking of 

private property or otherwise have 

taking implications that would result in 

private property being taken for 

government use without just 

compensation under the law. Therefore, 

a takings implication assessment is not 

required. 

Executive Order 12866—Regulatory 

Planning and Review, 13563— 

Improving Regulation and Regulatory 

Review, 14094—Modernizing Regulatory 

Review 

Executive Order 12866, as amended 

by Executive Order 14094, 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 (OMB Memo M–94–3), 

the approval of state program 

amendments is exempted from OMB 

review under Executive Order 12866, as 

amended by Executive Order 14094. 

Executive Order 13563, which reaffirms 

and supplements Executive Order 

12866, retains this exemption. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

reviewed this rule as required by section 

3 of Executive Order 12988. The 

Department determined that this 

Federal Register document meets the 

criteria of Section 3 of Executive Order 

12988, which is intended to ensure that 

the agency review its legislation and 

proposed regulations to eliminate 

drafting errors and ambiguity; that the 

agency write its legislation and 

regulations to minimize litigation; and 

that the agency’s legislation and 

regulations provide a clear legal 

standard for affected conduct rather 

than a general standard, and promote 

simplification and burden reduction. 

Because section 3 focuses on the quality 

of Federal legislation and regulations, 

the Department limited its review under 

this Executive Order to the quality of 

this Federal Register document and to 

changes to the Federal regulations. The 

review under this Executive Order did 

not extend to the language of the State 

regulatory program or to the program 

amendment that the State of Wyoming 

drafted. 

Executive Order 13132—Federalism 

This rule has potential Federalism 

implications as defined under Section 

1(a) of Executive Order 13132. 

Executive Order 13132 directs agencies 

to ‘‘grant the States the maximum 

administrative discretion possible’’ with 

respect to Federal statutes and 

regulations administered by the States. 

Wyoming, through its approved 

regulatory program, implements and 

administers SMCRA and its 

implementing regulations at the State 

level. This rule approves an amendment 

to the Wyoming program submitted and 

drafted by the State and, thus, is 

consistent with the direction to provide 

maximum administrative discretion to 

States. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Tribes 

through a commitment to consultation 

with Tribes and recognition of their 

right to self-governance and tribal 

sovereignty. We have evaluated this rule 


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2620 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

under the Department’s consultation 

policy and under the criteria of 

Executive Order 13175 and have 

determined that, although no Indian 

lands, as defined under SMCRA, are 

implicated by this rule, this State 

program amendment may have 

substantial direct effects on 49 

Federally-recognized Tribes because of 

the potential implications for the Tribe 

or Tribal members, Tribal treaty rights, 

reserved rights, trust resources, or 

ancestral lands. Therefore, on 

September 27, 2024, we sent invitation 

letters to consult to these 49 Tribes 

(Administrative Record No. WY–049– 

08). 

In response to our invitation, we 

received one request for Tribal 

consultation, one request for an 

informational meeting, and two written 

comments. Despite the request for Tribal 

consultation, we did not receive a 

response to our follow-up 

communication to set up a date and 

time, so the Tribal consultation did not 

go forward. In response to the request 

for an informational meeting, we met 

with a representative of the Shoshone 

Paiute Tribe on October 28, 2024. 

During the meeting, we explained 

Wyoming’s proposed amendment to the 

Tribe in further detail. At the end of the 

meeting, the Shoshone Paiute decided 

to not pursue Tribal consultation. 

We received a written comment from 

the Northern Cheyenne Tribe on 

October 22, 2024 (Administrative 

Record No. WY–049–09). The Tribe 

recognized that this proposed 

amendment would allow for the 

disposal of wind turbines and blades 

without the need to seek out any new 

undisturbed land; however, the Tribe 

expressed concern with how Tribal 

governments are included in the 

determination of potential impacts to 

archaeological resources. The Northern 

Cheyenne Tribe stated that Wyoming 

does not include Tribes as part of the 

state SMCRA permit review process and 

that the best outcome would be to 

include Tribes in the reviews and 

approvals on State-owned lands with 

the applicable coal mine areas for 

disposition of wind turbine blades and 

towers. 

We also received a written comment 

from the Comanche Nation on October 

25, 2024 (Administrative Record No. 

WY–049–11). In their comment, the 

Comanche Nation’s Historic 

Preservation Officer stated that no 

prehistoric or historic archaeological 

materials for the Tribe were identified 

within areas of mineable coal in 

Wyoming. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rulemaking that is 

(1) considered significant under 

Executive Order 12866, and (2) likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Because this rule is exempt from review 

under Executive Order 12866 and is not 

a significant energy action under the 

definition in Executive Order 13211, a 

Statement of Energy Effects is not 

required. 

National Environmental Policy Act 

Consistent with sections 501(a) and 

702(d) of SMCRA (30 U.S.C. 1251(a) and 

1291 (d) respectively) and the U.S. 

Department of the Interior Departmental 

Manual, part 516, section 13.5(A), State 

program amendments are not major 

Federal actions within the meaning of 

section 102(2)(C) of the National 

Environmental Policy Act (42 U.S.C. 

4332(2)(C)). 

Paperwork Reduction Act 

This rule does not include requests 

and requirements of an individual, 

partner, or corporation to obtain 

information and report it to a Federal 

agency. As this rule does not contain 

information collection requirements, a 

submission to OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.) is not required. 

Regulatory Flexibility Act 

Although there is no Federal 

counterpart for Wyoming’s proposed 

amendment, based on OSMRE’s 

collaboration with State regulatory 

authorities and years of experience, 

OSMRE certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Unfunded Mandates 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of $100 million per year. Although there 

is no Federal counterpart for Wyoming’s 

proposed amendment, OSMRE’s 

determination regarding unfunded 

mandates is based on OSMRE’s 

collaboration with State regulatory 

authorities and years of experience. 

List of Subjects in 30 CFR Part 950 

Intergovernmental relations, Surface 

mining, Underground mining. 

David A. Berry, 

Regional Director, Unified Regions, 5, 7–11. 

For the reasons set out in the 

preamble, 30 CFR part 950 is amended 

as set forth below: 

PART 950—WYOMING 

■ 1. The authority citation for part 950 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 950.15 amend the table by 

adding a new entry in chronological 

order by ‘‘Date of final publication’’ to 

read as follows: 

§ 950.15 Approval of Wyoming regulatory 

program amendments. 

* * * * * 


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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2621 

Original amendment 

submission date Date of final publication Citation/description 

*******

June 4, 2021 .................................. January 13, 2025 ........................... State initiative outlining rules regarding how decommissioned wind 

turbine blades and towers can be used as backfill in open surface 

coal mine pits, while updating Chapter 2 Permit Application Requirements for Surface Coal Mining Operations to provide consistency with the Wyoming Secretary of State’s Rules on Rules and 

correct grammatical errors. 

[FR Doc. 2025–00198 Filed 1–10–25; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–GLCA–NPS0039168; NPS–2024–0005; 

PPIMGLCAA0.PPMPSAS1Z.Y00000– 

255P10361] 

RIN 1024–AE91 

Glen Canyon National Recreation Area; 

Motor Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

revises special regulations for Glen 

Canyon National Recreation Area to 

update rules about the use of motor 

vehicles on roads and off roads on 

designated routes and areas. 

DATES: This rule is effective February 

12, 2025. Comments on the information 

collection contained in this final rule 

should be submitted to OMB by 

February 12, 2025. 

ADDRESSES: The comments received on 

the proposed rule are available on 

www.regulations.gov in Docket No. 

NPS–2024–0005. 

Information Collection Requirements: 

Written comments and suggestions on 

the information collection requirements 

should be submitted by the date 

specified above in DATES to https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

NPS Information Collection Clearance 

Officer (ADIR–ICCO), 13461 Sunrise 

Valley Drive (MS–244), Herndon, VA 

20171 (mail); or phadrea_ponds@

nps.gov (email). Please include ‘‘1024– 

AE91’’ in the subject line of your 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Kerns, Superintendent, Glen 

Canyon National Recreation Area, P.O. 

Box 1507, Page, Arizona 86040, by 

phone at 928–608–6210, or by email at 

GLCA_Superintendent@nps.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, the plain language 

summary of the rule is available on 

Regulations.gov in the docket for this 

rulemaking. 

SUPPLEMENTARY INFORMATION: 

Background 

Purpose and Significance of Glen 

Canyon National Recreation Area 

Congress established Glen Canyon 

National Recreation Area (the recreation 

area) in 1972 ‘‘to provide for the public 

outdoor recreation use and enjoyment of 

Lake Powell and lands adjacent thereto 

in the states of Arizona and Utah and to 

preserve the scenic, scientific, and 

historic features contributing to the 

public enjoyment of the area.’’ 16 U.S.C. 

460dd. 

The recreation area encompasses 

1,254,117 acres in northern Arizona and 

southeastern Utah and constitutes a 

substantial part of the outstanding 

public lands of the Colorado Plateau. 

The recreation area offers a natural 

diversity of rugged water- and windcarved canyons, buttes, mesas, and 

other outstanding physiographic 

features. The recreation area allows for 

a variety of recreational opportunities, 

including on- and off-road motor 

vehicle use and contains Lake Powell, 

the second-largest human-made lake in 

North America, which provides the 

opportunity to recreate in a natural 

environment and access remote 

backcountry areas. Evidence of 11,000 

years of human occupation and use of 

resources in the recreation area provides 

a continuing story of the prehistoric, 

historic, and present-day affiliation of 

humans and their environment. 

Authority To Promulgate Regulations 

The National Park Service (NPS) 

manages the recreation area under the 

NPS Organic Act (54 U.S.C. 100101 et 

seq.), which gives the NPS broad 

authority to regulate the use of the park 

areas under its jurisdiction. The NPS 

Organic Act authorizes the Secretary of 

the Interior, acting through the NPS, to 

‘‘prescribe such regulations as the 

Secretary considers necessary or proper 

for the use and management of [National 

Park] System units.’’ 54 U.S.C. 

100751(a). In the recreation area’s 

enabling act, Congress directed the 

Secretary of the Interior to ‘‘administer, 

protect, and develop the recreation area 

in accordance with the [NPS Organic 

Act], and with any other statutory 

authority available to him for the 

conservation and management of 

natural resources.’’ 16 U.S.C. 460dd–3. 

These general authorities allow the NPS 

to regulate the use of motor vehicles 

within the recreation area, both on roads 

and off roads, and on designated routes 

and areas. 

Executive Order 11644, Use of OffRoad Vehicles on the Public Lands, was 

issued in 1972 and amended by 

Executive Order 11989 in 1977. 

Executive Order 11644 requires Federal 

agencies to issue regulations designating 

specific routes and areas on public 

lands where the use of off-road vehicles 

(ORVs) may be allowed. The NPS 

implemented these Executive Orders, in 

part, by promulgating a regulation at 36 

CFR 4.10 (Travel on park roads and 

designated routes). Under 36 CFR 4.10, 

the use of motor vehicles off park roads 

is not permitted unless routes and areas 

are designated for off-road motor vehicle 

use by special regulation. Under 36 CFR 

4.10(b), such routes and areas may be 

designated only in national recreation 

areas, national seashores, national 

lakeshores and national preserves. This 

rule implements regulatory changes for 

certain areas where motor vehicles may 

be used off park roads in the recreation 

area in compliance with 36 CFR 4.10 

and Executive Orders 11644 and 11989. 


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