[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29646]


[[Page Unknown]]

[Federal Register: December 2, 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 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.s.t. December 
19, 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 of 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 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 by 
submitting a revised amendment dated June 28, 1994 (administrative 
record No. UT-941).
    OSM announced receipt of the proposed revised amendment in the July 
14, 1994, Federal Register (39 FR 35871) and reopened and extended the 
public comment period (administrative record No. UT-951). The public 
comment period ended on July 29, 1994.
    During its review of the revised amendment, OSM identified 
additional concerns relating to the provisions of Utah Admin. R. 645-
100-200, the definition of ``continuously mined areas;'' Utah Admin. R. 
645-301-553, general provisions on highwalls and backfilling and 
grading; Utah Admin. R. 645-301-553.110, backfilling and grading of 
disturbed areas; Utah Admin. R. 645-301-553.120, backfilling and 
grading of spoil and waste; Utah Admin. R. 645-301-553.130, slope 
stability requirements; Utah Admin. R. 645-301-553.510, remining 
operations on previously mined areas, continuously mined areas and 
areas with remaining highwalls subject to AOC provisions; Utah Admin. 
R. 645-301-553.550, .551, and .552, AOC exceptions; Utah Admin. R. 645-
301-553.650, highwall management under the AOC provisions; Utah Admin. 
R. 645-301-553.651, non-mountaintop removal mining on steep slopes; and 
Utah Admin. R. 645-301-553.653, the applicability date. OSM notified 
Utah of the concerns by letter dated August 24, 1994 (administrative 
record No. UT-967).
    Utah responded by telephone conversation and requested a meeting 
between the Division and OSM for the purpose of addressing the 
applicability date issue set forth by OSM in the August 24, 1994, 
letter. On September 7, 1994, an executive session between the Division 
and OSM was held at the Western Support Center in Denver, Colorado to 
discuss the applicability date issue. Notice of the executive session 
was posted in the Western Support Center (administrative record No. UT-
969). A summary of the executive session was recorded by OSM and 
entered into the administrative record (administrative record No. UT-
970).
    By letter dated November 3, 1994, Utah responded to the concerns 
identified in OSM's August 24, 1994, letter by submitting the revised 
amendment that is the subject of this notice (administrative record No. 
UT-990). The provisions of Utah Admin. R. that Utah proposes to revise 
and add are: Utah Admin. R. 645-100-200, concerning continuously mined 
areas; Utah Admin. R. 645-301-553 and 553.110 through 553.130, 
concerning general backfilling and grading requirements; Utah Admin. R. 
645-301-553.510, 553.550, 553.552, 553.611 and 553.612, concerning 
previously and continuously mined areas; Utah Admin. R. 645-301-553.650 
and 553.651, concerning Utah's AOC provisions; and Utah Admin. R. 645-
301-553-663 concerning the applicability date of Utah's AOC provisions.
    Specifically, Utah proposes to revise Utah Admin. R. 645-100-200 by 
limiting its definition of the term ``continuously mined areas'' to 
underground mining operations.
    Utah proposes to revise Utah Admin. R. 645-301-553 by deleting a 
paragraph that was intended to be a general provision regarding the 
exceptions approved in the Utah program for complete highwall 
elimination.
    Utah proposes to revise Utah Admin. R. 645-301-553.110, concerning 
the approved exceptions to the requirements that disturbed areas be 
backfilled and graded to achieve AOC, by adding cross-referenced 
provisions regarding non-mountaintop removal mining operations on steep 
slopes, mountaintop removal mining operations, and mining operations on 
areas with thin and thick overburden.
    Utah proposes to revise Utah Admin. R. 645-301-553.120, concerning 
the requirement for highwall elimination, by cross-referencing 
provisions containing requirements that apply to previously and 
continuously mined areas and areas subject to AOC provisions.
    Utah proposes to revise Utah Admin. R. 645-301-553.130, concerning 
the requirement that disturbed areas achieve an allowable postmining 
slope, be deleting the phrase following a cross-reference to Utah 
Admin. R. 645-301-553.530 that reads ``which addresses alternative 
criteria for stability and the protection of the environment and the 
public health and safety.''
    Utah proposes to revise Utah Admin. R. 645-301-553.510, by 
requiring that, in addition to remaining 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 delete existing Utah Admin. R. 645-301-553.550, 
553.551, and 553.552, concerning references to mountaintop removal 
mining operations, and thin and thick overburden standards, by 
inserting the cross-references at Utah Admin. R. 645-301-553.110.
    Utah proposes to revise Utah Admin. R. 645-301-553.611 and 553.612 
by referring to the phrase ``continuously mined areas'' as ``CMA.''
    Utah proposes to revise Utah Admin. R. 645-301-553.650, concerning 
highwall management under the AOC provisions, by deleting introductory 
language that reads ``coal mining and reclamation operations which are 
not located on PMA's or CMA's and are located on areas which are 
subject to the approximate original contour provisions which include.''
    Utah proposes to delete existing Utah Admin. R. 645-301-553.651, 
concerning highwall management under the Utah AOC provisions, by 
inserting the cross-reference to non-mountaintop removal mining 
operations on steep slopes at Utah Admin. R. 645-301-553.110.
    Utah proposes to create new Utah Admin. R. 645-301-553.651, 
regarding the applicability date of Utah's AOC provisions, by requiring 
that where final backfilling and grading was completed and the phase I 
bond was released prior to June 2, 1992, no redisturbance of a 
reclaimed highwall will be required. Highwalls which were approved 
under R645-301-553.652, the rule commonly referred to as the ``AOC 
alternative,'' after December 13, 1982, are subject to the retroactive 
application of current rule R645-301-552.650, providing the subject 
highwall has not been reclaimed and phase I bond was not released prior 
to June 2, 1992.

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 
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: November 22, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-29646 Filed 12-1-94; 8:45 am]
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