[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12605]


[[Page Unknown]]

[Federal Register: May 24, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

 

Utah Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving an amendment to the Utah regulatory program 
(hereinafter referred to as the ``Utah program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposed 
revisions to rules pertaining to significant permit revisions. The 
amendment was intended to improve operational efficiency and simplify 
the processing and approval of coal permit changes ordered by the Utah 
Division of Oil, Gas and Mining (Division).

EFFECTIVE DATE: May 24, 1994.

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-899). 
Utah submitted the proposed amendment on its own initiative to 
``streamline the Utah program and to simplify the process for revising 
permits.'' The provisions of the Utah Coal Mining Rules that Utah 
proposed to revise were Utah Administrative Rules (Utah Admin. R.) 645-
303-224.400, .500, and .600, regarding the requirements for significant 
permit revisions.
    OSM announced receipt of the proposed amendment in the March 28, 
1994, Federal Register (59 FR 14377), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. UT-910). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on April 27, 1994.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Utah on March 7, 1994, is no less effective than the 
corresponding Federal regulations and no less stringent than SMCRA. 
Accordingly, the Director approves the proposed amendment.

Utah Admin. R. 645-303-224.400, .500, and .600, Significant Permit 
Revisions

    Utah's rules at Utah Admin. R. 645-303-224 set forth those 
conditions under which an operator's application for a permit change 
must be processed by Utah as a significant permit revision. In these 
rules, Utah proposed to delete Utah Admin. R. 645-303-224.400 and to 
recodify Utah Admin. R. 645-303-224.500 and .600 as Utah Admin. R. 645-
303-224.400 and .500, respectively. The rule proposed for deletion 
requires that permit changes that are ordered by the Division in 
accordance with Utah Admin. R. 645-303-212 and 213 (the provisions 
authorizing the Division to order permit revisions) must always be 
processed as significant permit revisions.
    The Federal regulation at 30 CFR 774.13(b)(2) requires each State 
with primacy to establish guidelines for determining when a permit 
revision must be subjected to all of the permit application information 
requirements and procedures of 30 CFR, Subchapter G, including the 
notice, public participation, and notice of decision requirements at 30 
CFR 773.13, 773.19(b) (1) and (3), and 778.21. In addition, 30 CFR 
774.13(b)(2) requires that the above requirements and procedures shall 
apply, at a minimum, to all ``significant'' permit revisions. The 
Federal regulation does not define the term ``significant.'' Instead, 
the Federal regulation allows each State to determine, for itself, when 
a permit revision is significant, and when it is not significant.
    Utah has met the above Federal requirement by promulgating the 
criteria at Utah Admin. R. 645-303-224.100 through .600, which 
determine when a permit change must be processed as a ``significant'' 
permit revision. Under Utah's program, at Utah Admin. R. 645-303-226, a 
significant permit revision is subjected to all of the permit 
application information requirements at Utah Admin. R. 645-300-100, 
645-300-200, 645-301, and 645-302.
    One of the criteria for determining when a permit change must be 
processed as a significant permit revision is existing Utah Admin. R. 
645-303-224.400, which requires that, when a permit change is ordered 
by the Division, rather than proposed by an operator on its own 
initiative, the permit change must be processed as a significant permit 
revision. As set forth at Utah Admin. R. 645-303-211 through 645-303-
213, division-ordered permit changes are required when the review of a 
permit reveals that a change in the permit is needed to ensure 
compliance with the State program.
    Since the Federal regulation at 30 CFR 774.13(b)(2) does not 
require that any specific kind of permit revision be processed as a 
``significant'' revision, it does not require that a permit revision 
ordered by a State regulatory authority be processed as a significant 
permit revision. Therefore, Utah's proposal to delete from its program 
the requirement at Utah Admin. R. 645-303-224.400 that all permit 
changes ordered by the Division be processed as significant permit 
revisions is not inconsistent with and is no less effective than the 
Federal regulation at 30 CFR 774.13(b)(2). Therefore, the Director 
approves the proposed deletion and recodification.

IV. Summary and Disposition of Comments

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Utah program.
    The U.S. Bureau of Mines responded on March 27, 1994, by telephone 
conversation, that it had no comments on the proposed amendment 
(administrative record No. UT-905).

3. Environmental Protection Agency (EPA) Concurrence

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). 
None of the revisions that Utah proposed to make in its amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. UT-902). It 
responded on March 30, 1994, that it had no comments on the proposed 
amendment (administrative record No. UT-912).

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and the ACHP. Neither the SHPO nor the 
ACHP responded to OSM's request.

V. Director's Decision

    Based on the above finding, the Director approves Utah's proposed 
amendment as submitted on March 7, 1994.
    The Director approves Utah's revisions of its significant permit 
revision rules, including the deletion of Utah Admin. R. 645-303-
224.400 and the recodification of Utah Admin. R. 645-303-224.500 and 
.600 as Utah Admin. R. 645-303-224.400 and .500, respectively.
    The Director approves the rules as proposed by Utah with the 
provision that they be fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 944, codifying decisions 
concerning the Utah program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 of 1969 (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 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 17, 1994.
Linda M. Wagner,
Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T, of the Code of Federal Regulations is amended as set 
forth below:

PART 944--UTAH

    1. The authority citation for part 944 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 944.15 is amended by adding paragraph (y) to read as 
follows:


Sec. 944.15  Approval of amendments to the Utah regulatory program.

* * * * *
    (y) Revisions to Utah's significant permit revisions rules, 
including the deletion of Utah Admin. R. 645-303-224.400 and 
recodification of Utah Admin. R. 645-303-224.500 and .600, as Utah 
Admin. R. 645-303-224.400 and .500, respectively, as submitted to OSM 
on March 7, 1994, are approved effective May 24, 1994.

[FR Doc. 94-12605 Filed 5-23-94; 8:45 am]
BILLING CODE 4310-05-M