00-970. Utah Regulatory Program  

  • [Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
    [Proposed Rules]
    [Pages 2364-2367]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 00-970]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Office of Surface Mining Reclamation and Enforcement
    
    30 CFR Part 944
    
    [SPATS No. UT-038-FOR]
    
    
    Utah 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.
    
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    SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
    is announcing receipt of a proposed amendment to the Utah regulatory 
    program (the ``Utah program'') under the Surface Mining Control and 
    Reclamation Act of 1977 (SMCRA). Utah's amendment proposes to change 
    the State's rules pertaining to: Definitions of ``abandoned site,'' 
    ``other treatment facilities,'' ``previously mined area,'' ``qualified 
    laboratory,'' and ``significant recreational, timber, economic, or 
    other values incompatible with coal mining and reclamation 
    operations;'' engineering requirements for impoundments and for 
    backfilling and grading; hydrologic requirements for impoundments; 
    requirements for bond release applications; prime farmland acreage; 
    inspection frequency for abandoned sites; and the period in which to 
    pay a penalty when requesting
    
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    a formal hearing. Utah wants to revise its program to make it 
    consistent with the corresponding Federal regulations.
    
    DATES: Will accept written comments on this amendment until 4:00 p.m. 
    mountain standard time on February 14, 2000. If requested, will hold a 
    public hearing on the amendment on Tuesday February 8, 2000. Will also 
    accept requests to speak at the hearing until 4:00 p.m. mountain 
    standard time on January 31, 2000.
    
    ADDRESSES: You should mail or hand deliver written comments and 
    requests to speak at the hearing to James F. Fulton, Denver Field 
    Division Chief, at the address listed below.
    
        You may review copies of the Utah program, this amendment, a 
    listing of any scheduled public hearings, and all written comments we 
    received in response to this document at the addresses listed below 
    during normal business hours, Monday through Friday, excluding 
    holidays. You may receive one free copy of the amendment by contacting 
    OSM's Denver Field Division.
    
    James F. Fulton, Chief, Denver Field Division, Western Regional 
    Coordinating Center, Office of Surface Mining, 1999 Broadway, suite 
    3320, Denver, Colorado, 80202-5733, telephone (303) 844-1400, extension 
    1424.
    Lowell P. Braxton, Director, Division of Oil, Gas and Mining, 1594 West 
    North Temple, Suite 1210, P.O. Box 145801, Salt Lake City, Utah, 84114-
    5801 telephone (801) 538-5370.
    
    FOR FURTHER INFORMATION CONTACT: James F. Fulton, Denver Field Division 
    Chief; telephone: (303) 844-1400, extension 1424; e-mail: 
    jfulton@osmre.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    1. Background on the Utah Program
    
        On January 21, 1981, the Secretary of the Interior conditionally 
    approved the Utah program. You can find background information about 
    Utah's program, including the Secretary's findings, the disposition of 
    comments, and the conditions of approval of the Utah program can be 
    found in the January 21, 1981, Federal Register (46 FR 5899). You can 
    also find later actions concerning Utah's program and program 
    amendments can be found at 30 CFR 944.15 and 944.30.
    
    II. What Utah Proposes In This Amendment
    
        By letter dated December 23, 1999, Utah sent to us an amendment 
    (UT-038-FOR, administrative record No. UT-1133) to its program under 
    SMCRA (30 U.S.C. 1201 et seq.). The State sent the amendment in 
    response to a June 19, 1997, letter (administrative record No. UT-1093) 
    that we sent to Utah in accordance with 30 CFR 732.17(c). The full text 
    of the program amendment is available for you to read at the locations 
    listed above under ADDRESSES. Changes to the Utah Administrative Rule 
    (Utah Admin. R.) that the State proposes to make are summarized below.
    
    A. Changes to Definitions at Utah Admin. R.645-100-200
    
        1. ``Abandoned site'': Utah proposes to revise its definition of 
    this term by changing the conditions sites must meet to be considered 
    abandoned and allowing the Division of Oil, Gas and Mining (the 
    Division) to decide if it wants to inspect abandoned sites less than 12 
    times a year. The proposed changes also require the division to make 
    written findings on specific topics to justify a decision to set an 
    alternative inspection frequency;
        2. ``Other treatment facilities'': The State proposes to change 
    this definition to include neutralization and precipitators. Utah also 
    proposes to include in this definition those facilities used to prevent 
    additional contributions of dissolved solids to streamflow or runoff 
    outside the permit area or to comply with all applicable State and 
    Federal water quality laws and regulations;
        3. ``Previously mined area'': Utah proposes to change its 
    definition of this term to mean land affected by coal mining and 
    reclamation operations prior to August 3, 1977, that has not been 
    reclaimed to the standards of Utah Admin. R.645 or 30 CFR Chapter VII;
        4. ``Qualified laboratory'': The State proposes to change this 
    definition to include those facilities that can provide other services 
    specified at Utah Admin. R.645-302-299;
        5. ``Significant recreational, timber, economic, or other values 
    incompatible with coal mining operations'': Utah proposes to change its 
    definition of this term by removing the qualifying statement that 
    damage to these values caused by mining must be beyond an operator's 
    ability to repair or restore in order for these values' significance to 
    be evaluated;
    
    B. Changes to Engineering Requirements for Impoundments
    
        1. At Utah Admin. R.645-301-514.320 and -514.330, Utah proposes to 
    change its description of inspection requirements for impoundments that 
    meet, and those that don't meet, the Class B or C criteria of the 
    Natural Resources Conservation Service's (NRCS) Technical Release 60 
    (TR-60) or the size or other criteria of 30 CFR 77.216;
        2. At Utah Admin. R.645-301-531, the State proposes to require 
    permit applications to certain detailed design plans for siltation 
    structures, water impoundments, and coal processing waste banks, dams, 
    or embankments located inside the permit area;
        3. At Utah Admin. R.645-301-533.100 and -533.110, Utah proposes to 
    include references to provisions of TR-60 in its descriptions of safety 
    factors required for different sizes and types of impoundments;
        4. At Utah Admin. R.645-301-533.200 and -533.210, the State 
    proposes to include references to provisions of TR-60 for, and expand 
    its description of, foundation safety factors and stability, 
    investigation, and testing requirements for different sizes and types 
    of impoundments;
        5. At Utah Admin. R.645-301-533.610, Utah proposes to include TR-60 
    in its rules by reference and to require impoundments meeting the Class 
    B or C criteria of TR-60 or the size or other criteria of 30 CFR 77.216 
    to comply with this section of its rules. Further, at Utah Admin. 
    R.645-301-533.610 through -533.714, Utah proposes to change its 
    description of the information to be included in detailed design plans 
    for various types and sizes of impoundments;
    
    C. Changes to Engineering Requirements for Backfilling and Grading
    
        1. At Utah Admin. R.645-533.700 and -553.800, the State proposes to 
    revise its definitions of ``thin overburden'' and ``thick overburden'', 
    respectively, for the purposes of surface coal mining and reclamation 
    activities;
    
    D. Changes to Hydrologic Requirements for Impoundments
    
        1. At Utah Admin. R.645-301-733.100, Utah proposes to require 
    permit applications to contain detailed design plans for water 
    impoundments located inside the permit area;
        2. At Utah Admin. R.645-301-733.210, the State proposes to allow 
    the Division to develop design standards for impoundments not included 
    in Utah Admin. R.645-301-533.610 (discussed previously under Part 
    II.B.5 of this document), that ensure stability comparable to a minimum 
    static safety factor of 1.3 in lieu of requiring engineering tests to 
    ensure that level of safety;
        3. At Utah Admin. R.645-301-742.200, Utah proposes to require 
    siltation structures to comply with the
    
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    design criteria for sediment control measures in Utah Admin. R.645-301-
    742;
        4. At Utah Admin. R.645-301-742.224, the State proposes to allow 
    construction of temporary impoundments as sedimentation ponds that will 
    contain and control all runoff from a design precipitation without 
    using spillways, as long as they meet certain conditions;
        5. At Utah Admin. R.645-301-742.225.1, for impoundments that meet 
    the NRCS Class B or C criteria for dams in TR-60 or the size of other 
    criteria of 30 CFR 77.216(a), Utah proposes to require them to be 
    designed to control the probable maximum precipitation of a 6-hour 
    event, or a greater event if specified by the Division;
        6. At Utah Admin. R.645-301-742.225.2, for impoundments that don't 
    fall under subsection -742-225.1 (described above in Part II. D.5 of 
    this document), Utah proposes to require them to be designed to control 
    the precipitation of the 100-year, 6-hour event, or a greater event if 
    specified by the Division;
        7. At Utah Admin. R.645-301-743.100, the State proposes to require 
    impoundments that meet the NRCS Class B or C criteria for dams of TR-60 
    to comply with this section of Utah's rules and the table in TR-60 
    entitled, ``Minimum Emergency Spillway Hydrologic Criteria;''
        8. At Utah Admin. R.645-301-743.120, Utah proposes to require 
    impoundments that meet the NRCS Class B or C criteria for dams of TR-60 
    to comply with the freeboard hydrograph criteria in the TR-60 table 
    entitled, `` Minimum Emergency Spillway Hydrologic Criteria'';
        9. At Utah Admin. R.645-301-743.131.3 through -743.131.6, the State 
    proposes spillway design precipitation events for temporary and 
    permanent impoundments of different types and size that meet the 
    spillway requirements of Utah Admin. R.645-301-743.130;
    
    E. Adding Requirements for Bond Release Applications at Utah Admin. 
    R.645-301-880.130
    
        This proposed rule will require permittees to include in a bond 
    release application a notarized statement certifying that all 
    applicable reclamation activities have been completed as required by 
    the Utah Code Annotated Section 40-10-1 et seq., the regulatory 
    program, and the approved reclamation plan. Also, each application for 
    each phase of bond release must include this certification;
    
    F. Adding Requirements for Prime Farmland Acreage at Utah Admin. R.645-
    302-316.500
    
        This proposed rule doesn't allow a decrease in the aggregate total 
    acreage of prime farmland after reclamation from the acreage that 
    existed before mining. It requires Division approval of water bodies 
    built during mining and reclamation along with the consent of all 
    affected property owners in the permit area. Also, the proposed rule 
    requires water bodies to be located in parts of the permit area that 
    won't be reclaimed to prime farmland;
    
    G. Adding an Alternative Inspection Frequency for Abandoned Sites at 
    Utah Admin. R.645-400-132
    
        Utah proposes to allow the Division to inspect abandoned sites on a 
    frequency that it sets using procedures proposed under the definition 
    of ``abandoned site'' at Utah Admin. R.645-100-200. The State's 
    proposed definition changes are described in Part II.A of this 
    document; and
    
    H. Changing the Time in Which To Pay a Penalty When Requesting a Formal 
    Hearing at Utah Admin. R.645-401-800
    
        The State proposes to extend to 30 days the period in which a 
    permittee, charged with a violation, must pay a reassessed or affirmed 
    civil penalty to the Division when requesting a formal hearing. The 30-
    day period begins with the date of service of a conference officer's 
    action.
    
    III. How You Can Comment on This Amendment
    
        Under the provisions of 30 CFR 732.17(h), we are requesting 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 Utah regulatory program.
    
    Send Written Comments to Us
    
        Send your written comments to us at the location shown under 
    ADDRESSES. We'll make the comments, and the names and addresses of 
    people who send us comments, available for public review during normal 
    business hours. If you, as an individual, comment on the amendment and 
    want us to keep your name and/or address confidential, you must state 
    this prominently at the beginning of your comments. We'll honor your 
    request to the extent allowed by law. However, we won't consider 
    anonymous comments. Also, we'll make all submissions from organizations 
    or businesses, and from individuals who identify themselves as 
    representatives or officials of organizations or businesses, available 
    for public review in their entirety.
        Please submit Internet comments to us as an ASCII file and don't 
    use special characters and any form of encryption. Please also include 
    ``Attn: SPATS No. UT-R038-FOR'' and your name and return address in 
    your Internet message. If you don't receive a confirmation that we've 
    received your Internet message, contact the Denver Field Division at 
    (303) 844-1400, extension 1424.
        Your written comments should be specific and pertain only to the 
    issues proposed in this rulemaking. Please explain your reasons for any 
    changes you recommend. In the final rulemaking, we won't necessarily 
    consider or include in the Administrative Record any comments we 
    received after the time indicated under DATES or at locations other 
    than the Denver Field Division.
    
    Speak at a Public Hearing
    
        If you want to speak at a public hearing, contact the person listed 
    under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., mountain standard 
    time on January 31, 2000. If you're disabled and need special 
    accommodations to attend a public hearing, contact the person listed 
    under FOR FURTHER INFORMATION CONTACT. We'll arrange when and where to 
    hold a hearing with those persons who request the hearing. If no one 
    asks for an opportunity to speak at a public hearing, we won't hold 
    one.
        To help the transcriber and ensure an accurate record, we ask, if 
    possible, that each person who speaks at a public hearing give us a 
    written copy of his or her testimony. The public hearing will continue 
    on the specified date until everyone scheduled to speak and want to, 
    you'll be allowed to after those who have been scheduled. We'll end the 
    hearing after everyone scheduled to speak and others who want to speak 
    have been heard.
    
    Attend a Public Meeting
    
        If only one person requests an opportunity to speak at a hearing, 
    we might hold a public meeting instead. If you want to meet with us to 
    discuss the amendment, ask for a meeting by contacting the person 
    listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be 
    open to the public. If possible, we'll post meeting notices at the 
    locations listed under ADDRESSES. We'll make a written summary of each 
    meeting part of the administrative record.
    
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    IV. Procedural Determinations
    
    1. Executive Order 12866
    
        This rule is exempted from review by the Office of Management and 
    Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
    Review).
    
    2. Executive Order 12988
    
        The Department of the Interior conducted the reviews required by 
    section 3 of Executive Order 12988 (Civil Justice Reform) and 
    determined that, to the extent allowed by law, this rule meets the 
    applicable standards of subsections (a) and (b) of that section. 
    However, these standards don't apply to the actual language of State 
    regulatory programs and program amendments because each program is 
    drafted and promulgated by a specific State, not by OSM. Under sections 
    503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal 
    regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on 
    proposed State regulatory programs and program amendments must be based 
    solely on a determination of whether the submittal is consistent with 
    SMCRA and its implementation Federal regulations and whether the other 
    requirements of 30 CFR parts 730, 731, and 732 have been met.
    
    3. National Environmental Policy Act
    
        This rule doesn't require an environmental impact statement because 
    section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
    decisions on proposed State regulatory program provisions aren't major 
    Federal actions within the meaning of section 102(2)(C) of the National 
    Environmental Policy Act (42 U.S.C. 4332(2)(C)).
    
    4. Paperwork Reduction Act
    
        This rule doesn't contain information collection requirements that 
    require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
    3507 et seq.).
    
    5. Regulatory Flexibility Act
    
        The Department of the Interior determined that this rule won't have 
    a significant economic impact on a substantial number of small entities 
    under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State 
    submittal that is the subject of this rule is based on counterpart 
    Federal regulations for which an economic analysis was prepared and 
    certification made that such regulations would not have a significant 
    economic effect on a substantial number of small entities. Therefore, 
    this rule will ensure that the State will implement existing 
    requirements that OSM previously published. In determining whether this 
    rule would have a significant economic impact, the Department relied on 
    the data and assumptions for the corresponding Federal regulations.
    
    6. Unfunded Mandates
    
        OSM has determined and certifies under the Unfunded Mandates Reform 
    Act (2 U.S.C. 1502 et seq.) that this rule won't impose a cost of $100 
    million or more in any given year on local, state, or tribal 
    governments or private entities.
    
    List of Subjects in 30 CFR Part 944
    
        Intergovernmental relations, Surface mining, Underground mining.
    
        Dated: January 6, 2000.
    Brent Wahlquest,
    Regional Director, Western Regional Coordinating Center.
    [FR Doc. 00-970 Filed 1-13-00; 8:45 am]
    BILLING CODE 4310-05-M
    
    
    

Document Information

Published:
01/14/2000
Department:
Surface Mining Reclamation and Enforcement Office
Entry Type:
Proposed Rule
Action:
Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Document Number:
00-970
Dates:
Will accept written comments on this amendment until 4:00 p.m. mountain standard time on February 14, 2000. If requested, will hold a public hearing on the amendment on Tuesday February 8, 2000. Will also accept requests to speak at the hearing until 4:00 p.m. mountain standard time on January 31, 2000.
Pages:
2364-2367 (4 pages)
Docket Numbers:
SPATS No. UT-038-FOR
PDF File:
00-970.pdf
CFR: (1)
30 CFR 944