[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: 94-12606]


[[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: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Utah 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 coal exploration. Utah proposed the amendment with the 
intent of streamlining the Utah program.

DATES: Written comments must be received by 4 p.m., m.d.t., June 8, 
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 January 27, 1994, Utah submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
UT-888). Utah submitted the proposed amendment at its own initiative. 
The provisions of the Utah Coal Mining Rules that Utah proposed to 
revise were: Utah Administrative Rule (Utah Admin. R.) 645-200-100, 
scope of rules for coal exploration; Utah Admin. R. 645-200-200, 
responsibilities of the Division of Oil, Gas and Mining concerning (1) 
notice of intention to conduct minor coal exploration and (2) major 
coal exploration permits; Utah Admin. R. 645-201-100, requirements for 
coal exploration approval; Utah Admin. R. 645-201-200, notices of 
intention to conduct minor coal exploration; and Utah Admin. R. 645-
202-100, required documents for notice of intention to conduct minor 
coal exploration and major coal exploration permits.
    OSM announced receipt of the proposed amendment in the February 25, 
1994, Federal Register (59 FR 9152), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. UT-897). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on March 28, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of the Utah Coal Mining Rules at Utah Admin. 
R. 645-202-232, roads and other transportation facilities, and Utah 
Admin. R. 645-202-235, disturbance of the hydrologic balance, and 
provided editorial comments. OSM notified Utah of the concerns by 
letter dated April 15, 1994 (administrative record No. UT-915). Utah 
responded in a letter dated May 10, 1994, by submitting a revised 
amendment (administrative record No. UT-921).
    Utah proposes revisions to Utah Admin. R. 645-202-232 and Utah 
Admin. R. 645-202-235, which are its performance standards for roads 
and other transportation facilities and protection of the hydrologic 
balance for coal exploration operations.
    Specifically, Utah proposes several editorial revisions to make the 
language used in its coal exploration rules consistent by (1) referring 
to coal exploration where 250 tons or less of coal is to be removed as 
a ``notice of intention to conduct minor coal exploration,'' and (2) 
deleting those phrases distinguishing either ``within an approved 
permit area'' or ``outside an approved permit area'' that showed a 
relationship between the proposed exploration and the approved permit 
area.
    Utah proposes to revise Utah Admin. R. 645-202-232, which provides 
performance standards pertaining to roads and other transportation 
facilities used for coal exploration, by referencing Utah Admin. R. 
645-301-527.240 to require that a road damaged by a catastrophic event 
be repaired as soon as practicable after the damage has occurred.
    Utah proposes to revise Utah Admin. R. 645-202-235, which provides 
performance standards requiring that coal exploration be conducted to 
minimize disturbance of the hydrologic balance, by referencing Utah 
Admin. R. 645-301-532, 645-301-742.100 through 742.125, 645-301-744.100 
and 744.200, 645-301-751, and 645-301-753 to address water quality and 
effluent limitations, sediment control measures, discharge structures, 
and impoundments.

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 revisions 
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 issuers 
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.

V. List of Subjects in 30 CFR Part 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 17, 1994.
Linda M. Wagner,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-12606 Filed 5-23-94; 8:45 am]
BILLING CODE 4310-05-M