98-9173. Utah Regulatory Program  

  • [Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
    [Proposed Rules]
    [Pages 17138-17142]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-9173]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Office of Surface Mining Reclamation and Enforcement
    
    30 CFR Part 944
    
    [SPATS No. UT-037-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 includes proposed 
    changes in requirements for subsidence control plans, subsidence 
    control, and water replacement in context of the definitions, 
    engineering, and hydrology parts of the Utah Administrative Rules (Utah 
    Admin. R.) at R645 et seq.
        The amendment is intended to revise the Utah program to be 
    consistent with the corresponding Federal regulations and improve 
    operational efficiency.
    
    DATES: Written comments must be received by 4 p.m., m.d.t. May 8, 1998. 
    If requested, a public hearing on the proposed amendment will be held 
    on May 4, 1998. Requests to present oral testimony at the hearing must 
    be received by 4 p.m., m.d.t. on April 23, 1998.
    
    ADDRESSES: Written comments should be mailed or hand delivered to James 
    F. Fulton at the address listed below.
    
        Copies of the Utah program, 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 
    Denver Field Division.
    
    James F. Fulton, Chief, Denver Field Division, Office of Surface Mining 
    Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
    Colorado 80202-5733, Telephone: (303) 844-1424
    Lowell P. Braxton, Acting 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) 538-5340
    
    FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field 
    Division, Telephone: (303) 844-1424.
    
    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 Amendments
    
        By letter dated March 20, 1998, (administrative record No. UT-1103) 
    Utah submitted a proposed amendment (SPATS No. UT-037-FOR, 
    administrative record No. 1105) to its program pursuant to SMCRA (30 
    U.S.C. 1202 et seq.). Utah submitted the proposed amendment in response 
    to a June 5, 1996, letter (administrative record No. UT-1083) that OSM 
    sent to Utah in accordance with 30 CFR 732.17(c), and at its own 
    initiative.
        The proposed amendment consists of revisions to and additions of 
    rules pertaining to: adding definitions for ``material damage'', ``non-
    commercial building'', ``occupied residential dwelling and structures 
    related thereto'', ``replacement of water supply'', and ``state 
    appropriated water supply'' at R645-100-200; adding requirements at 
    R645-301-525.100 through 525.130 for pre-subsidence surveys; removing 
    existing requirements for subsidence control plans at R645-301-525 
    through 525.170; redesignating rules at R645-301-525.200 through 
    525.240 pertaining to protected areas; removing existing requirements 
    for subsidence control at R645-301-525.200 through 525.232; adding 
    requirements at R645-301-525.300 through 525.490 for subsidence control 
    and subsidence control plans; adding requirements for subsidence damage 
    repair at R645-301-525.500 through 525.530; adding a rebuttable 
    presumption of causation by subsidence at R645-301-525.540 through 
    525.545; adding provisions at R645-301-525.550 for adjusting bond 
    amounts for subsidence damage; redesignating rules at R645-301-525.600 
    and 525.700 requiring compliance with approved subsidence control plans 
    and public notice of proposed mining; removing existing requirements 
    for aquifer surveys at R645-301-724.600; adding provision at R645-301-
    728.350 for finding whether underground coal mining and reclamation 
    activities might contaminate, diminish or interrupt State-appropriated 
    water; and adding a requirement at R645-301-731.530 for replacing 
    State-appropriated water supplies that are contaminated, diminished, or 
    interrupted by underground coal mining activities.
    
    Proposed Definition Changes
    
        Specifically, the State proposes to add five definitions to its 
    rules. Definitions the State proposes to add in R645-100-200 are: 
    ``material damage''; ``non-commercial building''; ``occupied 
    residential dwelling and structures related thereto''; ``replacement of 
    water
    
    [[Page 17139]]
    
    supply''; and ``state appropriated water supply.''
        Utah proposes to defined ``material damage'' for the purposes of 
    R645-301-525 (Subsidence Control Plan) as
    
    (a) any functional impairment of surface lands, features, structures 
    or facilities; (b) any physical change that has a significant 
    adverse impact on the affected land's capability to support any 
    current or reasonably foreseeable uses or causes significant loss in 
    production or income; or (c) any significant change in the 
    condition, appearance or utility of any structure or facility from 
    its pre-subsidence condition.
    
        ``Non-commercial building'' as defined in the proposed amendment 
    means
    
    any building, other than an occupied residential dwelling, that, at 
    the time the subsidence occurs, is used on a regular or temporary 
    basis as a public building or community or institutional building as 
    those terms are defined at R645-100-200. Any building used only for 
    commercial agricultural industrial, retail or other commercial 
    enterprises is excluded.
    
        Utah's proposed definition of ``occupied residential dwelling and 
    structures related thereto'' for the purposes of R634-301 (Coal Mine 
    Permitting: Permit Application Requirements) is
    
    any building or other structure that, at the time the subsidence 
    occurs, is used either temporarily, occasionally, seasonally, or 
    permanently for human habitation. This term also includes any 
    building, structure or facility installed on, above or below, or a 
    combination thereof, the land surface if that building, structure or 
    facility is adjunct to or used in connection with an occupied 
    residential dwelling. Examples of such structures include, but are 
    not limited to, garages; storage sheds and barns; greenhouses and 
    related buildings; utilities and cables; fences and other 
    enclosures; retaining walls; paved or improved patios, walks and 
    driveways; septic sewage treatment facilities; and lot drainage and 
    lawn and garden irrigation systems. Any structure used only for 
    commercial agricultural, industrial, retail or other commercial 
    purposes is excluded.
    
        The term ``replacement of water supply'' as proposed in Utah's 
    amendment means
    
    with respect to State-appropriated water supplies contaminated, 
    diminished, or interrupted by coal mining and reclamation 
    operations, provision of water supply on both a temporary and 
    permanent basis equivalent to premining quantity and quality. 
    Replacement includes provision of an equivalent water delivery 
    system and payment of operation and maintenance costs in excess of 
    customary and reasonable delivery costs for premining water 
    supplies.
        (a) Upon agreement by the permittee and the water supply owner, 
    the obligation to pay such operation and maintenance costs may be 
    satisfied by a one-time payment in an amount which covers the 
    present worth of the increased annual operation and maintenance 
    costs for a period agreed to by the permittee and the water supply 
    owner.
        (b) If the affected water supply was not needed for the land use 
    in existence at the time of loss, contamination, or diminution, and 
    if the supply is not needed to achieve the postmining land use, 
    replacement requirements may be satisfied by demonstrating that a 
    suitable alternative water source is available and could feasibly be 
    developed. If the latter approach is selected, written concurrence 
    must be obtained from the water supply owner.
    
        Lastly, Utah's proposed definition of ``state appropriate water 
    supply'' means
    
    State-created water rights which are recognized under the provision 
    of the Utah Code.
    
    Proposed Changes for Engineering Information About Subsidence To Be 
    Included in a Permit Application
    
        Utah proposes to revise its rules at R645-301-525 et seq., which 
    are the requirements for engineering information to be included in a 
    permit application. The proposed amendment would add requirements for 
    subsidence control and subsidence control plans and revise existing 
    requirements.
    (a) Proposed Requirements for Pre-Subsidence Surveys
        The State proposes at R645-301-525 to establish requirements for 
    subsidence control plans. At R645-301-525.100, Utah proposes to add the 
    requirement that each application for underground coal mining and 
    reclamation activities include a pre-subsidence survey. Proposed R645-
    301-525.110 requires a
    
    * * * map of the permit and adjacent areas at a scale of 1:12,000, 
    or larger if determined necessary by the Division [of Oil, Gas and 
    Mining, ``the Division''], showing the location and type of 
    structures and renewable resource lands that subsidence may 
    materially damage or for which the value or reasonably foreseeable 
    use may be diminished by subsidence, and showing the location and 
    type of State-appropriated water that could be contaminated, 
    diminished, or interrupted by subsidence.
    
        Proposed R645301-525.120 requires
    
    [a] narrative indicating whether subsidence, if it occurred, could 
    cause material damage to or diminish the value or reasonably 
    foreseeable use of such structures or renewable resource lands or 
    could contaminate, diminish, or interrupt State-appropriated water 
    supplies.
    
        Utah proposes at R645-310-525.130 to require the pre-subsidence 
    survey to include
    
    [a] survey of the condition of all non-commercial buildings or 
    occupied residential dwellings and structures related thereto, that 
    may be materially damaged or for which the reasonably foreseeable 
    use may be diminished by subsidence, within the area encompassed by 
    the applicable angle of draw; as well as a survey of the quantity 
    and quality of all State-appropriated water supplies within the 
    permit area and adjacent area that could be contaminated, 
    diminished, or interrupted by subsidence. If the applicant cannot 
    make this survey because the owner will not allow access to the 
    site, the applicant will notify the owner, in writing, of the effect 
    that denial of access will have as described in R645-301-525. The 
    applicant must pay for any technical assessment or engineering 
    evaluation used to determine the pre-mining condition or value of 
    such non-commercial buildings or occupied residential dwellings and 
    structures related thereto and the quantity and quality of State-
    appropriated water supplies. The applicant must provide copies of 
    the survey and any technical assessment or engineering evaluation to 
    the property owner and to the Division.
    
        The State proposes to remove existing provisions for subsidence 
    control plans at R645.525 through 525.170 as a result of the proposed 
    addition of the subsidence plans requirements described in the 
    preceding two paragraphs.
        Utah also proposes to add the heading ``Protected areas'' at R645-
    301-525.200 and to redesignate the following eight sections 
    R645.525.210 through 525.240. These rules apply to areas that 
    underground coal mining and reclamation activities will not be 
    conducted under or adjacent to. The State also proposes to remove the 
    existing provisions for subsidence control at R645.525.200 through 
    525.232.
    (b) Proposed Subsidence Control Measures
        Utah also proposes to add requirements for subsidence control at 
    R645-301-525.300 and the subject heading ``Measures to prevent or 
    minimize damage'' at 525.310. As proposed at R645-301-525.311,
    
    [t]he permittee will either adopt measures consistent with known 
    technology that prevent subsidence from causing material damage to 
    the extent technologically and economically feasible, maximize mine 
    stability, and maintain the value and reasonably foreseeable use of 
    surface lands or adopt mining technology that provides for planned 
    subsidence in a predictable and controlled manner.
    
        Proposed R645-301-525.312 requires that,
    
    [i]f a permittee employs mining technology that provides for planned 
    subsidence in a predictable and controlled manner, the permittee 
    must take necessary and prudent measures, consistent with the mining 
    method employed, to minimize material damage to the extent 
    technologically and economically feasible to non-commercial 
    buildings and
    
    [[Page 17140]]
    
    occupied residential dwellings and structures related thereto except 
    that measures required to minimize material damage to such 
    structures are not required if:
    525.312.1  The permittee has the written consent of their owners or
    525.312.2  Unless the aniticipated damage would constitute a threat 
    to health or safety, the costs of such measures exceed the 
    anticipated costs of repair.
    
        Utah's proposed R6454.301-525.313 provides that
    
    [n]othing in this part prohibits the standard method of room-and-
    pillar mining.
    (c) Proposed Subsidence Control Plan Content Requirements
        Utah proposes subsidence control plan contents at R645-301-525.400. 
    This section provides that
    
    [i]f the survey conducted under R645-301-525.100 shows that no 
    structures, or State-appropriated water supplies, or renewable 
    resource lands exist, or that no material damage or diminution in 
    value or reasonably foreseeable use of such structures or lands, and 
    no contamination, diminution, or interruption of such water supplies 
    would occur as a result of mine subsidence, and if the Division 
    agrees with this conclusion, no further information need be provided 
    under this section. If the survey shows that structures, renewable 
    resource lands, or water supplies exist and that subsidence could 
    cause material damage or diminution in value or reasonably 
    foreseeable use, or contamination, diminution, or interruption of 
    state-appropriated water supplies, or if the Division determines 
    that damage, diminution in value or foreseeable use, or 
    contamination, diminution, or interruption could occur, the 
    application must include a subsidence control plan that contains the 
    following information:
    525.410  A description of the method of coal removal, such as 
    longwall mining, room-and-pillar removal or hydraulic mining, 
    including the size, sequence and timing of the development of 
    underground workings;
    525.420  A map of the underground workings that describes the 
    location and extent of the areas in which planned-subsidence mining 
    methods will be used and that identifies all areas where the 
    measures described in 525.440, 525.450, and
    525.470 will be taken to prevent or minimize subsidence and 
    subsidence-related damage; and, when applicable, to correct 
    subsidence-related material damage;
    525.430  A description of the physical conditions, such as depth of 
    cover, seam thickness and lithology of overlaying strata, that 
    affect the likelihood or extent of subsidence and subsidence-related 
    damage;
    525.440  A description of the monitoring, if any, needed to 
    determine the commencement and degree of subsidence so that, when 
    appropriate, other measures can be taken to prevent, reduce or 
    correct material damage in accordance with R645-301-525.500;
    525.450  Except for those areas where planned subsidence is 
    projected to be used, a detailed description of the subsidence 
    control measures that will be taken to prevent or minimize 
    subsidence and subsidence-related damage, such as, but not limited 
    to:
    525.451  Backstowing or backfilling of voids;
    525.452  Leaving support pillars of coal;
    525.453  Leaving areas in which no coal is removed, including a 
    description of the overlying area to be protected by leaving coal in 
    place; and
    525.454  Taking measures on the surface to prevent or minimize 
    material damage or diminution in value of the surface;
    525.460  A description of the anticipated effects of planned 
    subsidence, if any;
    525.470  For those areas where planned subsidence is projected to be 
    used, a description of methods to be employed to minimize damage 
    from planned subsidence to non-commercial buildings and occupied 
    residential dwellings and structures related thereto; or the written 
    consent of the owner of the structure or facility that minimization 
    measures not be taken; or, unless the anticipated damage would 
    constitute a threat to health or safety, a demonstration that the 
    costs of minimizing damage exceed the anticipated costs of repair;
    525.480  A description of the measures to be taken in accordance 
    with R645-301-731.530 and R645-301-525.500 to replace adversely 
    affected State-appropriated water supplies or to mitigate or remedy 
    any subsidence-related material damage to the land and protected 
    structures; and
    525.490  Other information specified by the Division as necessary to 
    demonstrate that the operation will be conducted in accordance with 
    R645-301-525.300.
    (d) Proposed Requirements for Subsidence Damage Repair
        Utah's proposed amendment at R645-301-525.510 provides that
    
    [t]he permittee must correct any material damage resulting from 
    subsidence caused to surface lands, to the extent technologically 
    and economically feasible, by restoring the land to a condition 
    capable of maintaining the value and reasonably foreseeable uses 
    that it was capable of supporting before subsidence damage.
    
        Utah proposes at R645-312-525.520 that
    
    [t]he permittee must promptly repair, or compensate the owner for, 
    material damage resulting from subsidence caused to any non-
    commercial building or occupied residential dwelling or structure 
    related thereto that existed at the time of mining. If repair option 
    is selected, the permittee must fully rehabilitate, restore or 
    replace the damaged structure. If compensation is selected, the 
    permittee must compensate the owner of the damaged structure for the 
    full amount of the decrease in value resulting from the subsidence-
    related damage. The permittee may provide compensation by the 
    purchase, before mining, of a non-cancelable premium-prepaid 
    insurance policy. The requirements of this paragraph apply only to 
    subsidence-related damage caused by underground coal mining and 
    reclamation activities conducted after October 24, 1992.
    
        Utah's proposed rule at R645-301-525.530 provides that
    
    [t]he permittee shall either correct material damage resulting from 
    subsidence caused to any structures or faculties not protected by 
    paragraph 525.520 by repairing the damage or compensate the owner of 
    the structures or facilities for the full amount of the decrease in 
    value resulting from the subsidence. Repair of damage includes 
    rehabilitation, restoration, or replacement of damaged structures or 
    facilities. Compensation may be accomplished by the purchase before 
    mining of a non-cancelable premium-prepaid insurance policy.
    
        Proposed R645-301-525.540 through 525.545 provide a rebuttable 
    presumption of causation by subsidence within a certain angle of draw. 
    At R645-301-525.541, Utah proposes that,
    
    [i]f damage to any non-commercial building or occupied residential 
    dwelling or structure related thereto occurs as a result of earth 
    movement within an area determined by projecting an angle of draw 
    equal to that used for that particular mine's compliance with R645-
    301 from the outermost boundary of any underground mine workings to 
    the surface of the land, a rebuttable presumption exists that the 
    permittee caused the damage. This presumption will normally apply to 
    a 30 degree angle of draw from the vertical, however, the Division 
    may amend the applicable angle of draw for a particular mine through 
    the process described in R645-301-525.542.
    
        Proposed section R645-301-525.542 provides that
    
    [a] permittee or permit applicant may request that the presumption 
    apply to an angle of draw different than 30 degrees. To establish a 
    site-specific angle of draw, an applicant must demonstrate and the 
    Division must determine in writing that the proposed angle of draw 
    has a more reasonable basis than 30 degrees and is based on a site-
    specific geotechnical analysis of the potential surface impacts of 
    the mining operation.
    
        Under proposed R645-301-525.543, there is
    
    [n]o presumption where access for pre-subsidence survey is denied. 
    If the permittee was denied access to the land or property for the 
    purpose of conducting the pre-subsidence survey in accordance with 
    R645-301-525.130 no rebuttable presumption will exist.
    
        Utah proposes under R645-301-525.544 that
    
    [t]he presumption will be rebutted if, for example, the evidence 
    establishes that: The damage predated the mining in question; the 
    damage was proximately caused by some other factor or factors and 
    was not proximately caused by subsidence; or the damage occurred 
    outside the surface area within which subsidence was actually caused 
    by the mining in question.
    
        Proposed R645-301-525.545 provides that
    
    [i]n any determination whether damage to protected structures was 
    caused by
    
    [[Page 17141]]
    
    subsidence from underground mining, all relevant and reasonably 
    available information will be considered by the Division.
    
        Utah proposes to add provisions for adjustment of bond amount for 
    subsidence damage at R645-301-525.550. As proposed,
    
    [w]hen subsidence-related material damage to land, structures or 
    facilities protected under R645-301-525.500 through R645-301-525.530 
    occurs, or when contamination, diminution, or interruption to a 
    water supply protected under Sec. R645-301-731.530 occurs, the 
    Division must require the permittee to obtain additional performance 
    bond in the amount of the estimated cost of the repairs if the 
    permittee will be repairing, or in the amount of the decrease in 
    value if the permittee will be compensating the owner, or in the 
    amount of the estimated cost to replace the State-appropriated water 
    supply if the permittee will be replacing the water supply, until 
    the repair, compensation, or replacement is completed. If repair, 
    compensation, or replacement is completed within 90 days of the 
    occurrence of damage, no additional bond is required. The Division 
    may extend the 90-day time frame, but not to exceed one year, if the 
    permittee demonstrates and the Division finds in writing that 
    subsidence is not complete, that not all probable subsidence-related 
    material damage has occurred to lands or protected structures, or 
    that not all reasonably anticipated changes have occurred affecting 
    the State-appropriated water supply, and that therefore it would be 
    unreasonable to complete within 90 days the repair of the 
    subsidence-related material damage to lands or protected structures, 
    or the replacement of State-appropriated water supply.
    
        Utah proposes to redesignate former R645-301-525.220 as 525.600 and 
    to add the heading, ``Compliance'' to the new section. It also proposes 
    to redesignate R645-301-525.300, entitled ``Public Notice of Proposed 
    Mining'', as 525.700.
    
    Proposed Changes in Hydrology Information for Permit Applications
    
        Utah proposes to remove existing requirements at R645-301-724.600 
    for surveys that were to determine if aquifers would be materially 
    damaged or diminished by subsidence. Such surveys were to be included 
    in subsidence control plans required by R645-301-525. The proposed 
    removal follows the change to R645-301-525 as proposed by this 
    amendment at R645-301-728.350.
        Utah proposes at R645-301-728.350 an alternative to the existing 
    provision at R645-301-728.340 for probable hydrologic consequences 
    determinations to include findings on the effects of surface coal 
    mining and reclamation activities on underground or surface water 
    sources. The alternative would apply to underground coal mining and 
    reclamation activities. In such cases, Utah proposes that probable 
    hydrologic consequence determinations include findings on
    
    [w]hether the underground coal mining and reclamation activities 
    conducted after October 24, 1992[,] may result in contamination, 
    diminution or interruption of State-appropriated water in existence 
    at the time the application is submitted and used for legitimate 
    purposes within the permit and adjacent areas.
    
        Under provisions applicable to State-appropriated water supplies in 
    a permit application's operation plan, Utah proposes that
    
    [t]he permittee will promptly replace any State-appropriated water 
    supply that is contaminated, diminished or interrupted by 
    underground mining activities conducted after October 24, 1992, if 
    the affected water supply was in existence before the date the 
    Division received the permit application for the activities causing 
    the loss, contamination or interruption. The baseline hydrologic and 
    geologic information required in R645-301-700. will be used to 
    determine the impact of mining activities upon the water supply.
    
    III. Public Comment Procedures
    
        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 OSM finds the 
    amendment adequate, it will become part of the Utah program.
    
    1. 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. OSM will not necessarily consider comments 
    it receives after the time indicated under DATES or at locations other 
    than the Denver Field Division in the final rulemaking, or include them 
    in the administrative record.
    
    2. Public Hearing
    
        Persons wishing to testify at the public hearing should contact the 
    person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. 
    on April 23, 1998. Any disabled individual who has need for a special 
    accommodation to attend a public hearing should contact the individual 
    listed under FOR FURTHER INFORMATION CONTACT. OSM will arrange the 
    location and time of the hearing with those persons requesting the 
    hearing. OSM will not hold a public hearing if no one requests an 
    opportunity to testify at a hearing.
        OSM requests that commenters file a written statement at the time 
    of the hearing because doing so will greatly assist the transcriber. If 
    commenters submit written statements in advance of the hearing, OSM 
    will be able to prepare adequate responses and appropriate questions.
        The public hearing will continue on the specified date until all 
    persons scheduled to testify have been heard. Persons in the audience 
    who have not been scheduled to testify, and who wish to do so, will be 
    heard following those who have been scheduled. The hearing will end 
    after all persons scheduled to testify and persons present in the 
    audience who wish to testify have been heard.
    
    3. Public Meeting
    
        OSM may hold a public meeting if only one person requests an 
    opportunity to testify at a public hearing. Persons wishing to meet 
    with OSM representatives to discuss the proposed amendment may request 
    a meeting by contacting the person listed under FOR FURTHER INFORMATION 
    CONTACT. All such meetings will be open to the public and, if possible, 
    OSM will post notices of meetings at the locations listed under 
    ADDRESSES. OSM will make a written summary of each meeting part of 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 12988
    
        The Department of the Interior has conducted the reviews required 
    by section 3 of Executive Order 12988 (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 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 the Federal regulations at 30 CFR 730.11, 
    732.15, and 732.17(h)(10), decision 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
    
    [[Page 17142]]
    
    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 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 
    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.
    
    6. Unfunded Mandates
    
        This rule will not impose a cost of $100 million or more in any 
    given year on any governmental entity or the private sector.
    
    List of Subjects in 30 CFR Part 944
    
        Intergovernmental relations, Surface mining, Underground mining.
    
        Dated: March 31, 1998.
    Richard J. Seibel,
    Regional Director, Western Regional Coordinating Center.
    [FR Doc. 98-9173 Filed 4-7-98; 8:45 am]
    BILLING CODE 4310-05-M
    
    
    

Document Information

Published:
04/08/1998
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:
98-9173
Dates:
Written comments must be received by 4 p.m., m.d.t. May 8, 1998. If requested, a public hearing on the proposed amendment will be held on May 4, 1998. Requests to present oral testimony at the hearing must be received by 4 p.m., m.d.t. on April 23, 1998.
Pages:
17138-17142 (5 pages)
Docket Numbers:
SPATS No. UT-037-FOR
PDF File:
98-9173.pdf
CFR: (1)
30 CFR 944