[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17062]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

 

Utah Permanent 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 the receipt of revisions pertaining to a 
previously proposed amendment to the Utah permanent 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 Utah's general backfilling and grading requirements; 
previously and continuously mined areas; and approximate original 
contour (AOC). The amendment is intended to revise the Utah program to 
be consistent with the corresponding Federal regulations, clarify 
ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. July 29, 
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 notice 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, NM 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, UT 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 November 12, 1993, Utah submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
UT-875). Utah submitted the proposed amendment in response to the 
required program amendments at 30 CFR 944.16 (a), (b), (c), and (d) and 
at its own initiative. The provisions of the Utah Administrative Rules 
(Utah Admin. R.) that Utah proposed to revise and add were: Utah Admin. 
R. 645-301-553.200, spoil and waste; Utah Admin. R. 645-301-553.252, 
refuse piles; Utah Admin. R. 645-301-553.500 to read, previously mined 
areas; Utah Admin. R. 645-301-553.520, continuously mined areas; Utah 
Admin. R. 645-301-553.523, applying the stability criteria of proposed 
Utah Admin. R. 645-301-553.523 to the AOC criteria at Utah Admin. R. 
645-301-553.650; Utah Admin. R. 654-301-553.600 and .620, AOC variances 
for incomplete elimination of highwalls in previously mined areas or 
continuously mined areas; Utah Admin. R. 654-301-553.650 applying the 
stability requirements of Utah Admin. R. 645-301-553.523 and the AOC 
criteria of Utah Admin. R. 645-301-553.651 through .655 to retained 
highwalls; Utah Admin. R. 645-301-651, height restrictions for retained 
highwalls; Utah Admin. R. 645-301-553.652, the applicability date of 
Utah's AOC standards at Utah Admin. R. 645-301-553.651 through .655; 
Utah Admin. R. 645-301-553.653, the restoration of retained highwalls 
to cliff-type habitats required by the flora and fauna existing prior 
to mining; and Utah Admin. R. 645-301-553.654, compatibility of 
retained highwalls with both the approved postmining land use and the 
visual attributes of the area.
    OSM announced receipt of the proposed amendment in the December 8, 
1993, Federal Register (58 FR 64529), provided an opportunity for a 
public hearing of meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. UT-879). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on January 7, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of Utah Admin. R. 645-301-553.110, 
backfilling and grading of disturbed areas; Utah Admin. R. 645-301-
553.500 and .600, the organization of Utah's rules pertaining to 
retained highwalls; Utah Admin. R. 645-301-553.510 and .522, general 
backfilling and grading requirements; Utah Admin. R. 645-301-553.522, 
slope stability and drainage; Utah Admin. R. 645-301-553.500 and .523, 
stability criteria for retained highwalls; Utah Admin. R. 645-301-
553.620, AOC variances; Utah Admin. R. 645-301-553.650, AOC and 
stability requirements for highwall retention; Utah Admin. R. 645-301-
553.651, height and length of retained highwalls; Utah Admin. R. 645-
301-553.652, the applicability date of Utah's AOC alternative; and 
various editorial comments concerning Utah Admin. R. 645-301-553.120, 
.631, .650, and .655. OSM notified Utah of the concerns by letter dated 
March 31, 1994 (administrative record No. UT-908).
    Utah responded in a letter dated April 18, 1994, by requesting a 
meeting between the Utah Division of Oil, Gas and Mining (Division) and 
OSM for the purpose of addressing the issues set forth by OSM in the 
March 31, 1994, letter (administrative record No. UT-918). On May 12, 
1994, an executive session between the Division and OSM was held at the 
Western Support Center in Denver, Colorado to discuss Utah's revised 
program amendment regarding highwall retention. Notice of the executive 
session was posted in the lobby of the Western Support Center 
(administrative record No. UT-925). A summary of the executive session 
was recorded by OSM and entered into the administrative record 
(administrative record UT-942).
    Utah responded to the concerns identified in OSM's March 31, 1994, 
letter and the issues discussed at the May 12, 1994, meeting in a 
letter dated June 28, 1994, by submitting the revised amendment that is 
the subject of this notice (administrative record No. UT-941).
    Utah proposes revisions to Utah Admin. R. 645-100-200, concerning 
continuously mined areas; Utah Admin. R. 645-301-553 through 553.552, 
concerning general backfilling and grading requirements; Utah Admin. R. 
645-301-553.600, concerning previously and continuously mined areas; 
and Utah Admin. R. 645-301-553.650, concerning Utah's AOC provisions.
    Specifically, Utah proposes to revise Utah Admin. R. 645-100-200 by 
creating a definition of the term ``continuously mined areas.''
    Utah proposes to revise Utah Admin. R. 645-301-553.100 by entitling 
the section ``Disturbed areas.''
    With the intended purposes of clarification and program 
consistency, Utah proposes to revise Utah Admin. R. 645-301-553 through 
553.552 by recodifying and grouping the general backfilling and grading 
requirements together.
    Utah proposes to revise Utah Admin. R. 645-301-553.500 by entitling 
the section ``Previously Mined Areas (PMA's), Continuously Mined Areas 
(CMA's) and Areas with remaining Highwalls Subject to the Approximate 
Original Contour (AOC) Provisions.''
    Utah proposes to revise Utah Admin. R. 645-301-553.510 by requiring 
that, in addition to remining operations on continuously mined and 
previously mined areas, remining operations on areas with remaining 
highwalls subject to the AOC provisions also comply with other cross-
referenced program requirements.
    Utah proposes to revise Utah Admin. R. 645-301-553.650 by 
recodifying it as Utah Admin. R. 645-301-553.600, entitling it as 
``Previously Mined Areas (PMA's) and Continuously Mined Areas 
(CMA's),'' and separating and recodifying the existing requirements for 
highwall treatment on previously mined and continuously mined areas 
from treatment on other areas.
    Utah proposes to create new section Utah Admin. R. 645-301-553.650, 
which addresses the requirements for highwall management under the Utah 
AOC provisions, and to separate and recodify the following existing 
requirements at Utah Admin. R. 645-301-553.650, .651, .652, .653, .654, 
and .655 as Utah Admin. R. 645-301-553.652, 553.652.100, 553.652.200, 
553.652.300, 553.652.400, and 553.652.500.
    Utah proposes to create new section Utah Admin. R. 645-301-553.651 
to require that non-mountaintop removal mining operations on steep-
slopes must be approved under Utah Admin. R. 645-301-553-270, and are 
subject to highwall management under the Utah AOC provisions.
    Utah proposes to create new section Utah Admin. R. 645-301-553.653 
to require that any mining and reclamation plan approved or permit 
issued by the Division after December 13, 1982, for the reclamation or 
reduction of highwalls resulting from coal mining will be subject to 
the current Utah Admin. R. 645-301-553 rules concerning general 
highwall provisions and backfilling and grading.
    Throughout the revised amendment, Utah proposes to use the acronyms 
``CMA'' for continuously mined areas and ``PMA'' for previously mined 
areas and, for purposes of clarification, avoids the use of the phrases 
``Highwall Remnant'' and ``Retained Highwall.''

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

    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 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, to the extent allowed by law, 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 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 the Office of Management and Budget 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. Hence, 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: July 7, 1994.
Russel F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-17062 Filed 7-13-94; 8:45 am]
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