[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29646]
[[Page Unknown]]
[Federal Register: December 2, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
Utah Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing the receipt of revisions pertaining to a
previously proposed amendment to the Utah permanent regulatory program
(hereinafter, the ``Utah program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The revisions for Utah's proposed
rules pertain to general backfilling and grading requirements;
previously and continuously mined areas; and approximate original
contour (AOC). The amendment is intended to revise the Utah program to
be consistent with the corresponding Federal regulations, clarify
ambiguities, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t. December
19, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett at the address listed below.
Copies of the Utah program, the proposed amendment, and all written
comments received in response to this notice 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, NM 87102, Telephone: (505) 766-1486
Utah Coal Regulatory Program, Division of Oil, Gas and Mining, 355 West
North Temple, 3 Triad Center, Suite 350, Salt Lake City, UT 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, the Secretary of the Interior conditionally
approved the Utah program. General background information on the Utah
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).
Subsequent actions concerning Utah's program and program amendments can
be found at 30 CFR 944.15, 944.16, and 944.30.
II. Proposed Amendment
By letter dated November 12, 1993, Utah submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
UT-875). Utah submitted the proposed amendment in response to the
required program amendments at 30 CFR 944.16 (a), (b), (c), and (d) and
at its own initiative.
The provisions of the Utah Administrative Rules (Utah Admin. R.)
that Utah proposed to revise and add were: Utah Admin. R. 645-301-553.
200, spoil and waste; Utah Admin. R. 645-301-553.252, refuse piles;
Utah Admin. R. 645-301-553.500 to read, previously mined areas; Utah
Admin. R. 645-301-553.520, continuously mined areas; Utah Admin. R.
645-301-553.523, applying the stability criteria of proposed Utah
Admin. R. 645-301-553.523 to the AOC criteria at Utah Admin. R. 645-
301-553.650; Utah Admin. R. 654-301-553.600 and .620, AOC variances for
incomplete elimination of highwalls in previously mined areas or
continuously mined areas; Utah Admin. R. 654-301-553.650 applying the
stability requirements of Utah Admin. R. 645-301-553.523 and the AOC
criteria of Utah Admin. R. 645-301-553.651 through .655 to retained
highwalls; Utah Admin. R. 645-301-651, height restrictions for retained
highwalls; Utah Admin. R. 645-301-553.652, the applicability date of
Utah's AOC standards at Utah Admin. R. 645-301-553.651 through .655;
Utah Admin. R. 645-301-553.653, the restoration of retained highwalls
to cliff-type habitats required by the flora and fauna existing prior
to mining; and Utah Admin. R. 645-301-553.654, compatibility of
retained highwalls with both the approved postmining land use and the
visual attributes of the area.
OSM announced receipt of the proposed amendment in the December 8,
1993, Federal Register (58 FR 64529), provided an opportunity for a
public hearing of meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-879).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on January 7, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of Utah Admin. R. 645-301-553.110,
backfilling and grading of disturbed areas; Utah Admin. R. 645-301-
553.500 and .600, the organization of Utah's rules pertaining to
retained highwalls; Utah Admin. R. 645-301-553.510 and .522, general
backfilling and grading requirements; Utah Admin. R. 645-301-553.522,
slope stability and drainage; Utah Admin. R. 645-301-553.500 and .523,
stability criteria for retained highwalls; Utah Admin. R. 645-301-
553.620, AOC variances; Utah Admin. R. 645-301-553.650, AOC and
stability requirements of highwall retention; Utah Admin. R. 645-301-
553.651, height and length of retained highwalls; Utah Admin. R. 645-
301-553.652, the applicability date of Utah's AOC alternative; and
various editorial comments concerning Utah Admin. R. 645-301-553.120,
.631, .650, and .655. OSM notified Utah of the concerns by letter dated
March 31, 1994 (administrative record No. UT-908).
Utah responded in a letter dated April 18, 1994, by requesting a
meeting between the Utah Division of Oil, Gas and Mining (Division) and
OSM for the purpose of addressing the issues set forth by OSM in the
March 31, 1994, letter (administrative record No. UT-918). On May 12,
1994, an executive session between the Division and OSM was held at the
Western Support Center in Denver, Colorado to discuss Utah's revised
program amendment regarding highwall retention. Notice of the executive
session was posted in the Western Support Center (administrative record
No. UT-925). A summary of the executive session was recorded by OSM and
entered into the administrative record (administrative record UT-942).
Utah responded to the concerns identified in OSM's March 31, 1994,
letter and the issues discussed at the May 12, 1994, meeting by
submitting a revised amendment dated June 28, 1994 (administrative
record No. UT-941).
OSM announced receipt of the proposed revised amendment in the July
14, 1994, Federal Register (39 FR 35871) and reopened and extended the
public comment period (administrative record No. UT-951). The public
comment period ended on July 29, 1994.
During its review of the revised amendment, OSM identified
additional concerns relating to the provisions of Utah Admin. R. 645-
100-200, the definition of ``continuously mined areas;'' Utah Admin. R.
645-301-553, general provisions on highwalls and backfilling and
grading; Utah Admin. R. 645-301-553.110, backfilling and grading of
disturbed areas; Utah Admin. R. 645-301-553.120, backfilling and
grading of spoil and waste; Utah Admin. R. 645-301-553.130, slope
stability requirements; Utah Admin. R. 645-301-553.510, remining
operations on previously mined areas, continuously mined areas and
areas with remaining highwalls subject to AOC provisions; Utah Admin.
R. 645-301-553.550, .551, and .552, AOC exceptions; Utah Admin. R. 645-
301-553.650, highwall management under the AOC provisions; Utah Admin.
R. 645-301-553.651, non-mountaintop removal mining on steep slopes; and
Utah Admin. R. 645-301-553.653, the applicability date. OSM notified
Utah of the concerns by letter dated August 24, 1994 (administrative
record No. UT-967).
Utah responded by telephone conversation and requested a meeting
between the Division and OSM for the purpose of addressing the
applicability date issue set forth by OSM in the August 24, 1994,
letter. On September 7, 1994, an executive session between the Division
and OSM was held at the Western Support Center in Denver, Colorado to
discuss the applicability date issue. Notice of the executive session
was posted in the Western Support Center (administrative record No. UT-
969). A summary of the executive session was recorded by OSM and
entered into the administrative record (administrative record No. UT-
970).
By letter dated November 3, 1994, Utah responded to the concerns
identified in OSM's August 24, 1994, letter by submitting the revised
amendment that is the subject of this notice (administrative record No.
UT-990). The provisions of Utah Admin. R. that Utah proposes to revise
and add are: Utah Admin. R. 645-100-200, concerning continuously mined
areas; Utah Admin. R. 645-301-553 and 553.110 through 553.130,
concerning general backfilling and grading requirements; Utah Admin. R.
645-301-553.510, 553.550, 553.552, 553.611 and 553.612, concerning
previously and continuously mined areas; Utah Admin. R. 645-301-553.650
and 553.651, concerning Utah's AOC provisions; and Utah Admin. R. 645-
301-553-663 concerning the applicability date of Utah's AOC provisions.
Specifically, Utah proposes to revise Utah Admin. R. 645-100-200 by
limiting its definition of the term ``continuously mined areas'' to
underground mining operations.
Utah proposes to revise Utah Admin. R. 645-301-553 by deleting a
paragraph that was intended to be a general provision regarding the
exceptions approved in the Utah program for complete highwall
elimination.
Utah proposes to revise Utah Admin. R. 645-301-553.110, concerning
the approved exceptions to the requirements that disturbed areas be
backfilled and graded to achieve AOC, by adding cross-referenced
provisions regarding non-mountaintop removal mining operations on steep
slopes, mountaintop removal mining operations, and mining operations on
areas with thin and thick overburden.
Utah proposes to revise Utah Admin. R. 645-301-553.120, concerning
the requirement for highwall elimination, by cross-referencing
provisions containing requirements that apply to previously and
continuously mined areas and areas subject to AOC provisions.
Utah proposes to revise Utah Admin. R. 645-301-553.130, concerning
the requirement that disturbed areas achieve an allowable postmining
slope, be deleting the phrase following a cross-reference to Utah
Admin. R. 645-301-553.530 that reads ``which addresses alternative
criteria for stability and the protection of the environment and the
public health and safety.''
Utah proposes to revise Utah Admin. R. 645-301-553.510, by
requiring that, in addition to remaining operations on continuously
mined and previously mined areas, remining operations on areas with
remaining highwalls subject to the AOC provisions also comply with
other cross-referenced program requirements.
Utah proposes to delete existing Utah Admin. R. 645-301-553.550,
553.551, and 553.552, concerning references to mountaintop removal
mining operations, and thin and thick overburden standards, by
inserting the cross-references at Utah Admin. R. 645-301-553.110.
Utah proposes to revise Utah Admin. R. 645-301-553.611 and 553.612
by referring to the phrase ``continuously mined areas'' as ``CMA.''
Utah proposes to revise Utah Admin. R. 645-301-553.650, concerning
highwall management under the AOC provisions, by deleting introductory
language that reads ``coal mining and reclamation operations which are
not located on PMA's or CMA's and are located on areas which are
subject to the approximate original contour provisions which include.''
Utah proposes to delete existing Utah Admin. R. 645-301-553.651,
concerning highwall management under the Utah AOC provisions, by
inserting the cross-reference to non-mountaintop removal mining
operations on steep slopes at Utah Admin. R. 645-301-553.110.
Utah proposes to create new Utah Admin. R. 645-301-553.651,
regarding the applicability date of Utah's AOC provisions, by requiring
that where final backfilling and grading was completed and the phase I
bond was released prior to June 2, 1992, no redisturbance of a
reclaimed highwall will be required. Highwalls which were approved
under R645-301-553.652, the rule commonly referred to as the ``AOC
alternative,'' after December 13, 1982, are subject to the retroactive
application of current rule R645-301-552.650, providing the subject
highwall has not been reclaimed and phase I bond was not released prior
to June 2, 1992.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah program
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) OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Utah program.
Written Comments
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 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, to the extent allowed by law, 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 and program amendments since each such
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 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions 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.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(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)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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
significant economic effect upon a substantial number of small
entities. Hence, this rule will ensure that existing requirements
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 for the counterpart Federal regulations.
V. List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 22, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-29646 Filed 12-1-94; 8:45 am]
BILLING CODE 4310-05-M
