[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30831]
[[Page Unknown]]
[Federal Register: December 15, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
Utah Regulatory Program and Abandoned Mine Land Plan
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions and additional
explanatory information pertaining to a previously proposed amendment
to the Utah regulatory program and abandoned mine plan (hereinafter,
the ``Utah program'' and ``Utah plan'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The revisions and
additional explanatory information for Utah's proposed rules and
statutes pertain to the applicability of Utah Mined Land Reclamation
Act to Utah's coal program; administrative procedures; appeals to
district court and further review; formal hearings; and cessation
orders, abatement notices, and show cause orders. The amendment is
intended to revise Utah's program and plan to be consistent with SMCRA
and the Utah Administrative Procedures Act, and to improve operational
efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t., December
30, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett at the address listed below.
Copies of the Utah program and Utah plan, the proposed amendment,
and all written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Albuquerque Field Office.
Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW.,
Suite 1200, Albuquerque, New Mexico 87102;
Utah Coal Regulatory and Abandoned Mine Reclamation Programs, Division
of Oil, Gas and Mining, 355 West North Temple, 3 Triad Center, Suite
350, Salt Lake City, Utah 84180-1203, Telephone: (801) 538-5340.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Ehmett, Telephone: (505) 766-1486.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Program
On January 21, 1981, and June 3, 1983, the Secretary of the
Interior conditionally approved the Utah program and approved the Utah
plan. General background information on the Utah program and Utah plan,
including the Secretary's findings, the disposition of comments, the
conditions of approval of the Utah program, and approval of the Utah
plan, can be found in the January 21, 1981, and June 3, 1983,
publications of the Federal Register (46 FR 5899 and 48 FR 24876).
Subsequent actions concerning Utah's program and program amendments can
be found at 30 CFR 944.15, 944.16, and 944.30. Subsequent actions
concerning Utah's plan amendments can be found at 30 CFR 944.25.
II. Proposed Amendment
By letter dated April 14, 1994, Utah submitted a proposed amendment
to its program pursuant to SMCRA (administrative record No. UT-917).
Utah submitted the proposed amendment in part to make its program and
plan consistent with SMCRA and in part at its own initiative to make
its program and plan consistent with the Utah Administrative Procedures
Act, thereby improving operational efficiency.
The program provisions of the Utah Coal Reclamation Act of 1979
that Utah proposed to revise were: Utah Code Annotated (UCA) 40-10-2,
purpose of Chapter 10; (2) UCA 40-10-3, definitions of new terms
``adjudicative proceeding,'' ``lands eligible for remining,'' and
``unanticipated event or condition;'' (3) UCA 40-10-6.5, rulemaking
authority and procedure; (4) UCA 40-10-6.7, administrative procedures;
(5) UCA 40-10-7, prohibition of financial interest in any coal mining
operation; (6) UCA 40-10-8, coal exploration rules issued by the
Division of Oil, Gas and Mining (Division) and penalty for violation;
(7) UCA 40-10-10, permit applications; (8) UCA 40-10-11, Division
action on the permit application; (9) UCA 40-10-12, revision or
modification of permit provisions; (10) UCA 40-10-13, informal
conferences; (11) UCA 40-10-14, permit approval or disapproval,
appeals, and further review; (12) UCA 40-10-15, performance bonds; (13)
UCA 40-10-16, release of performance bond, surety, or deposit; (14) UCA
40-10-17, revegetation standards on lands eligible for remining; (15)
UCA 40-10-18, operator requirements for underground coal mining; (16)
UCA 40-10-19, information provided by the permittee to the Division and
right of entry; (17) UCA 40-10-20, contest of violation or amount of
penalty; (18) UCA 40-10-21, civil action to compel compliance with
Utah's program and other rights not affected; (19) UCA 40-10-22,
violations of Utah's program or permit conditions; (20) UCA 40-10-24,
determination of unsuitability of lands for surface coal mining; and
(21) UCA 40-10-30, judicial review of rules or orders. Utah also
proposed to repeal UCA 40-10-4, ``Mined land reclamation provisions
applied,'' and UCA 40-10-31, ``Chapter's procedures supersede Title 63,
Chapter 46B,'' and add the requirement that UCA 40-10-11(5),
modification of permit issuance prohibition, and UCA 40-10-
17(2)(t)(ii), revegetation standards on lands eligible for remining,
are repealed effective September 30, 2004.
The plan provisions of the Utah Coal Mining and Reclamation Act
that Utah proposed to revise were: (1) UCA 40-10-25, lands and water
eligible for reclamation; (2) UCA 40-10-27, entry upon land adversely
affected by past coal mining practices, State acquisition of land and
public sale, and water pollution control and treatment plants; and (3)
UCA 40-10-28, recovery of reclamation costs and liens against reclaimed
land.
OSM announced receipt of the proposed amendment in the May 12,
1994, Federal Register (59 FR 24675), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-926).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on June 13, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of the Utah Coal Reclamation Act of 1979 at
UCA 40-10-3(1), definition of ``adjudicative proceeding;'' UCA 40-10-4,
applicability of provisions of UCA 40-8; UCA 40-10-6.7 and Utah
Administrative Rule (Utah Admin. R.) 641-100-100, administrative
procedures; UCA 40-10-11(3) schedule of applicant's mining law
violations; UCA 40-10-11(5), remining operation violations resulting
from unanticipated events or conditions; UCA 40-1013(2)(b), location of
informal conferences; UCA 40-1014(6)(c), appeal to district court and
further review; UCA 40-10-16(e), informal conference or formal hearings
concerning performance bond release decisions; UCA 40-10-18(4), damage
resulting from underground coal mining subsidence; UCA 40-10-20(2)(e),
contest of a violation or amount of a civil penalty; UCA 40-10-
22(2)(b), cessation order, abatement notice or show cause order; UCA
40-10-22(3)(e), costs assessed against the permittee or any person
having an interest that is or may be adversely affected by the notice
or order of the Board of Oil, Gas and Mining (Board); and UCA 40-10-
28(1)(b) and (2)(b), recovery of reclamation costs and liens against
reclaimed land. OSM notified Utah of the concerns by letter dated
October 24, 1994 (administrative record No. UT-980). Utah responded in
a letter dated December 7, 1994, by submitting a revised amendment and
additional explanatory information (administrative record No. UT-997).
Utah proposes additional explanatory information for (1) UCA 40-10-
4, for the purpose of explaining its intention in repealing UCA 40-10-
4, which allowed the Utah Mined Land Reclamation Act and its
implementing rules at Utah Admin. R. Part 647 to be applied to the
Utah's coal mining program, (2) UCA 40-10-16(6), for the purpose of
affirming that the provisions of Utah Admin. R. Part 641, Rules of
Practice and Procedure of the Board, apply to hearings held for the
purposes of bond release and to verify that when an informal hearing is
converted to a formal hearing, the requirements of a formal proceeding
apply, and (3) UCA 40-10-22(2)(b), for the purpose of explaining that
this provision allows for the Utah Supreme Court to be the authority
for modifying or setting aside a Board order or decision, and that, to
the extent that any judicial body can reconsider its own order or
decision, the district court can perform a review and act in a manner
consistent with the Federal counterpart provisions for granting a stay
of enforcement or other relief. Utah also proposes revisions to (1)
Utah Admin. R. 641-100-100, to provide that ``[t]he rules for informal
adjudicative proceedings are in ``the Coal Program Rules,'' the Oil and
Gas Conservation Rules and the Mineral Rules and (2) UCA 40-10-14(6),
to provide that any applicant or person with an interest which is or
may be adversely affected who has participated in the proceedings as an
objector, and who is aggrieved by the decision of the Board, ``may
appeal the decision of the Board directly to the Utah Supreme Court;''
to allow in those instances where the Board fails to act that ``the
applicant or any person with an interest which is or may be adversely
affected, who has requested a hearing in accordance with Subsection
(3), to bring an action in'' the district court, and to delete the
provision allowing for review of the adjudication of the district court
by the Utah Supreme Court; to provide that ``[a]ny party to the action
in district court may appeal from the final judgment, order, or decree
of the district court;'' and to require that the ``[t]ime frame for
appeals under Subsection (6) (a) through (c) shall be consistent with
applicable provisions in Section 63-46b-14, Administrative Procedures
Act.''
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah program
and plan amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h) and 884.15(a), OSM is seeking comments on whether the
proposed amendment satisfies the applicable program and plan approval
criteria of 30 CFR 732.15 and 884.14. If the amendment is deemed
adequate, it will become part of the Utah program and plan.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the Albuquerque Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs,
abandoned mine land reclamation (AMLR) plans, program amendments, and
plan revisions since such program or plan is drafted and promulgated by
a specific State, not by OSM. Under sections 503 and 505 of SMCRA (30
U.S.C. 1253 and 12550) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), on proposed state regulatory programs and
program amendments submitted by the States must be based solely on a
determination of whether the submittal is consistent with SMCRA and its
implementing Federal regulations and whether the other requirements of
30 CFR Parts 730, 731, and 732 have been met. Decisions on proposed
state AMLR plans and revisions thereof submitted by a State are based
on a determination of whether the submittal meets the requirements of
Title IF of SMCRA (30 U.S.C. 1231-1243) and the applicable Federal
regulations at 30 CFR Parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 1292 1291(D)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)) while state AMLR plans and revisions thereof are
categorically excluded from compliance with the National Environmental
Policy Act (42 U.S.C. 4332) by the Manual of the Department of the
Interior (516 DM6, appendix 8, paragraph 8.4B(29)).
4. Paperwork Reduction Act
This rule does not 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 has determined that this 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.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
established by SMCRA or previously promulgated by OSM will be
implemented by the State. In making the determination as to whether
this rule would have a significant economic impact, the Department
relied upon the data and assumptions in the analysis for the
corresponding Federal regulations.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 9, 1994.
Peter A. Rutledge,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-30831 Filed 12-14-94; 8:45 am]
BILLING CODE 4310-05-M
