[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7334]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

 

Utah Permanent Regulatory Program and Abandoned Mine Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Utah 
permanent 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 proposed amendment consists of 
revisions to the Utah Coal Mining and Reclamation Act pertaining to 
appeals by an applicant or any person with an interest which is or may 
be adversely affected from the final judgment, order, or decree of the 
district court in relation to a permit for surface coal mining and 
reclamation operations; civil penalties, informal conferences, public 
hearings, contests of violation or amount of penalty, collections, 
criminal penalties, and civil penalties for failure to correct a 
violation; recovery of reclamation costs and liens against reclaimed 
land; and certification of completion of coal reclamation. The 
amendment is intended to incorporate the additional flexibility 
afforded by SMCRA, as amended, and improve operational efficiency.
    This document sets forth the times and locations that the Utah 
program and proposed amendment to that program are available for public 
inspection, the dates and times of the comment period during which 
interested persons may submit written comments on the proposed 
amendment, and the procedures that will be followed regarding the 
public hearing, if one is requested.

DATES: Written comments must be received by 4 p.m., m.d.t. on April 28, 
1994. If requested, a public hearing on the proposed amendment will be 
held on April 25, 1994. Requests to present oral testimony at the 
hearing must be received by 4 p.m., m.d.t. on April 13, 1994. Any 
disabled individual who has a need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments should be mailed or hand delivered to 
Robert H. Hagen 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.

Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface 
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., suite 
1200, Albuquerque, New Mexico 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, Utah 84180-
1203, Telephone: (801) 538-5340.

FOR FURTHER INFORMATION CONTACT:
Robert H. Hagen, Telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION: 
I. Background on the Utah Program
II. Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

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 an explanation of the conditions of approval of the Utah 
program can be found in the January 21, 1981, Federal Register (46 FR 
5899). Actions taken subsequent to approval of the Utah program are 
codified 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 
sections of the Utah Coal Mining and Reclamation Act, which are a part 
of the Utah program, that Utah proposes to amend are: (1) Utah Code 
Annotated (UCA) 40-10-14, appeals to district court of decisions by the 
Board of Oil, Gas and Mining (Board) and (2) 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 sections of the Utah Coal Mining and 
Reclamation Act, which are a part of the Utah plan, that Utah proposes 
to amend are: (1) UCA 40-10-28, recovery of reclamation costs and liens 
against reclaimed land and (2) UCA 40-10-28.1, certification of 
completion of coal reclamation.
    Specifically, Utah proposes to revise its statutory language 
pertaining to appeals to district court of a decision by the Board 
granting or denying a permit to conduct surface coal mining and 
reclamation operations at UCA 40-10-14(6) by: (1) Deleting the 
provision that review of the adjudication of the district court is by 
the Supreme Court and (2) adding new language to provide that any party 
to the action in district court may appeal from the final judgment, 
order or decree of the district court.
    Utah proposes to revise its statutory language pertaining to civil 
penalties for violations of permit conditions at UCA 40-10-20(1) by 
making limited editorial changes, recodifying each preexisting 
requirement in this section, revising the language to indicate that a 
civil penalty for a violation ``may,'' rather than ``shall,'' not 
exceed $5,000 for each violation, and adding new language to provide 
that civil penalties are assessed by the Division rather than by the 
Board.
    Utah proposes to revise its statutory language pertaining to 
informal conferences before the Division at UCA 40-10-20(2) (a) through 
(e) by adding new language to provide that: (1) Within 30 days after 
issuance of a notice or order that a violation has occurred, the 
Division will inform the permittee of the proposed assessment, (2) the 
person charged with a violation has 30 days to pay the proposed 
assessment in full or request an informal conference before the 
Division, (3) the informal conference may address the amount of the 
proposed assessment, or the fact of the violation, or both, (4) within 
30 days of receipt of the Division's informal conference decision, the 
permittee may request a hearings before the Board on the informal 
conference decision, (5) if the permittee requests a Board hearing, the 
permittee will, within 30 days of receipt of the Division's informal 
conference decision, forward to the Division the amount of the proposed 
assessment, and the Division will place the proposed assessment in an 
escrow account prior to review by the Board, and (6) the Division will 
within 30 days remit monies with accumulated interest to the operator 
if, through administrative or judicial review, it is determined no 
violation occurred or the amount of the penalty should be reduced.
    Utah proposes to recodify existing UCA 40-10-20(2) as 40-10-20(3) 
and revise the statutory language there pertaining to public hearings 
before the Board by making limited editorial changes, adding new 
language at UCA 40-10-20(2)(e) to provide that if the person charged 
with a violation fails to avail himself of the opportunity for a public 
hearing, the Division will assess a civil penalty after the Division 
has determined that a violation did occur, the amount of the penalty 
that is warranted, and an order requiring that the penalty be paid has 
been issued by the Division.
    Utah proposes to delete existing UCA 40-10-20(3) in its entirety 
and incorporate the provisions of paragraph (3) in proposed UCA 40-10-
20(2), except that the provision requiring waiver of all legal rights 
to contest the violation or the penalty amount when the operator fails 
to forward the penalty money to the Board within 30 days is not 
proposed to be incorporated elsewhere in the proposed amendment.
    Utah proposes editorial revisions at UCA 40-10-20 (5) and (6) to 
reflect the recodification of existing UCA 40-10-20(2) as UCA 40-10-
20(3) in the proposed amendment.
    Utah proposes to revise its statutory language pertaining to civil 
penalties for failure to correct a violation at UCA 40-10-20(8) by 
recodifying UCA 40-10-20(8) as UCA 40-10-20(8) (a), (b), (b)(i) and 
(b)(ii), revising existing 40-10-20(8) to require that the operator who 
fails to correct a violation within the period permitted will be 
assessed a civil penalty of not less than $750 for each day during 
which the failure or violation continues, and providing, at UCA 40-10-
20(8)(b), that the period for correction of a violation for which a 
notice of cessation order has been issued under UCA 40-10-22(1) may not 
end until either of the conditions provided at UCA 40-10-20(8)(b) (i) 
or (ii) occurs.
    Utah proposes limited editorial revisions to its statutory language 
pertaining to recovery of reclamation costs and liens against reclaimed 
land at UCA 40-10-28 to improve clarity and provide that the Division 
rather than the Board may waive the requirement of a lien.
    Utah proposes to revise its statutory language pertaining to 
certification of completion of coal reclamation at UCA 40-10-28.1(6) to 
clarify that the Division may use annual grant monies to carry out 
activities or construction of specific public facilities related to the 
coal or minerals industry in ``an area'' impacted by coal or minerals 
developed rather than in ``a state'' so impacted.

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 the amendment 
is deemed adequate, it will become part of the Utah program and plan.

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. 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.

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 13, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to testify at the public hearing, the hearing will not 
be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
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

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. 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, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This proposed 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 which 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: March 23, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-7334 Filed 3-28-94; 8:45 am]
BILLING CODE 4310-05-M