[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18529]
[[Page Unknown]]
[Federal Register: July 29, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah Regulatory Program and Abandoned Mine Plan
AGENCY: Offices of Surface Mining Reclamation and Enforcement,
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of 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 additional explanatory information
for Utah's proposed revisions to the Utah Coal Mining and Reclamation
Act pertain to appeals of district court decisions, contests of
violation or amount of a civil penalty, civil penalties for failure to
correct a violation, and waivers of liens and fees for reclaimed
abandoned mine land. The amendment is intended to incorporate the
additional flexibility afforded by SMCRA, as amended, clarify
ambiguities, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., August
15, 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 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 Program, 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, 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 March 7, 1994, Utah submitted a proposed amendment
to its program pursuant to SMCRA (administrative record No. UT-900).
Utah submitted the proposed amendment at its own initiative. The
provisions of the Utah Coal Mining and Reclamation Act, which are a
part of the Utah program, that Utah proposed to revise were Utah Code
Annotated (UCA) 40-10-14, appeals to district court of decisions by the
Board of Oil, Gas and Mining (Board), and UCA 40-10-20, civil penalties
for violations of permit conditions, informal conferences before the
Division of Oil, Gas and Mining (Division), public hearings before the
Board, contests of violation or amount of penalty, collections,
criminal penalties, and civil penalties for failure to correct a
violation. The provision of the Utah Coal Mining and Reclamation Act,
which is a part of the Utah plan, that Utah proposed to revise was UCA
40-10-28.1, certification of completion of coal reclamation.
OSM announced receipt of the proposed amendment in the March 29,
1994, Federal Register (59 FR 14591), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-911).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on April 28, 1994.
During its review of the amendment, OSM identified concerns
relating to the provisions of the Utah Coal Mining and Reclamation Act
at UCA 40-10-14 (3) and (6), appeal of district court decisions; UCA
40-10-20(3), contest of violation or amount of civil penalty; UCA 40-
10-20(8), civil penalty for failure to correct violation; and UCA 40-
10-28 (1)(a)(ii) and (2)(a), waivers of liens and fees for reclaimed
abandoned mine land. OSM notified Utah of the concerns by letter dated
June 10, 1994 (administrative record No. UT-935). Utah responded in a
letter dated July 5, 1994, by submitting additional explanatory
information (administrative record No. UT-949).
Utah proposes additional explanatory information for UCA 40-10-14
(3) and (6), procedural guidance for formal hearings and appeals of
decisions by the Board and district court decisions; UCA 40-10-20(3),
waiver of rights to contest the violation or amount of a civil penalty
if the operator fails to forward the amount of the penalty within the
time allowed; UCA 40-10-20(8), review proceedings of a civil penalty
assessed for failure to correct a violation; and UCA 40-10-28
(1)(a)(ii) and (2)(a), waiver of liens when certain criteria are met
and the sale price of reclaimed abandoned mine land.
Specifically, Utah proposes additional explanatory information to
(1) clarify that the formal hearing contemplated under section UCA 40-
10-14 (3) and (6) is governed by section 63-46(b)-1 et seq. of the Utah
Administrative procedures Act (UAPA) and Utah Administrative Rule (Utah
Admin. R.) 641-100 et seq. of the Rules of Practice and Procedure of
the Board; (2) assure that, in the case of a decision by the Board, the
record established by the Board in the hearing transcript becomes the
trial record which is reviewed by the Utah Supreme Court, and where the
Board fails to act, the district court becomes the court of record and
appeals are thereafter to the Utah Supreme Court; (3) confirm that the
provision requiring a waiver of all legal rights to contest a violation
or the amount of the civil penalty when the operator fails to forward
the amount of the penalty within 30 days of reassessment of
finalization of the penalty is a part of another amendment currently
being reviewed by OSM; (4) provide that UCA 40-10-22 is the State's
counterpart to references contained in section 518(h) of SMCRA and that
Utah will either designate it as such by clarifying policy or
incorporate the actual reference into the Utah Code during the 1995
legislative session; and (5) confirm that the proposed amendment does
not properly describe certain details of the lien placement process,
namely the value determination of the lien and a date requirement for
prior ownership, but that the subject requirements are provided in
another amendment currently being considered by OSM.
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 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 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 12550) 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 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 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.
List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 25, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-18529 Filed 7-28-94; 8:45 am]
BILLING CODE 4310-05-M
