[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Proposed Rules]
[Pages 32255-32257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15646]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-035-FOR]


Utah Regulatory Program and Utah Abandoned Mine Land Reclamation 
Plan

agency: Office of Surface Mining Reclamation and Enforcement, Interior.

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

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summary: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the Utah regulatory 
program and Utah abandoned mine land reclamation (AMLR) plan 
(hereinafter, the ``Utah program and plan'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of revisions and addition of statutes pertaining to the 
definition for ``adjudicative proceeding''; schedule of applicant's 
mining law violations and remining operation violations resulting from 
unanticipated events or conditions; location of informal conferences; 
performance standards for all coal mining and reclamation operations; 
requirements regarding surface effects of underground coal mining, 
repair or compensation for damage, and replacement of water; contest of 
violation or amount of civil penalty; and lands and waters eligible for 
expenditure of AMLR funds. The amendment is intended to revise the Utah 
program to be consistent with SMCRA and to improve operational 
efficiency.

dates: Written comments must be received by 4:00 p.m., m.d.t., July 14, 
1997. If requested, a public hearing on the proposed amendment will be 
held on July 8, 1997. Requests to present oral testimony at the hearing 
must be received by 4:00 p.m., m.d.t., June 30, 1997.

addresses: Written comments should be mailed or hand delivered to James 
F. Fulton at the address listed below.
    Copies of the Utah program and plan, 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 Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Office of Surface Mining 
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
Colorado 80202-5733.

for further information contact: James F. Fulton, Chief, Denver Field 
Division, Telephone: (303) 844-1424.

supplementary information:

I. Background on the Utah Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Utah program; on June 3, 1983, the Secretary approved the 
Utah plan. General background information on the Utah program and plan, 
including the Secretary's findings, the disposition of

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comments, and the conditions of approval of the Utah program can be 
found in the January 21, 1981, and June 3, 1983, publications of the 
Federal Register (46 FR 5899 and 48 FR 24876). Subsequent actions 
concerning Utah's program and program amendments can be found at 30 CFR 
944.15, 944.16, and 944.30. Subsequent actions concerning Utah's plan 
amendments can be found at 30 CFR 944.25.

II. Proposed Amendment

    By letter dated May 27, 1997 (administrative record No. UT-1090), 
Utah submitted a proposed amendment to its program and plan pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed amendment 
in response to required program amendments at 30 CFR 944.16 (e) through 
(i), in response to a June 5, 1996, letter (administrative record No. 
UT-1083) that OSM sent to Utah in accordance with 30 CFR 732.17(c), and 
at its own initiative. The provisions of the coal mining and 
reclamation statute that Utah proposed to revise and add were: Utah 
Code Annotated (U.C.A.) 40-10-3(1), definition for ``adjudicative 
proceeding''; U.C.A. 40-10-11 (3) and (5), schedule of applicant's 
mining law violations and remining operation violations resulting from 
unanticipated events or conditions; U.C.A. 40-10-13(2), location of 
informal conferences; U.C.A. 40-10-17(2), (3), and (4), performance 
standards for all coal mining and reclamation operations; U.C.A. 40-10-
18 (1) through (15), 18.1, and 18.2, requirements regarding surface 
effects of underground coal mining, repair or compensation for damage, 
and replacement of water; U.C.A. 40-10-20(2)(e), contest of violation 
or amount of civil penalty; and U.C.A. 40-10-25(6), lands and waters 
eligible for expenditure of AMLR funds.
    Specifically, Utah proposes at U.C.A. 40-10-3(1) (a) and (b) that 
``adjudicative proceeding'' means (a) a division or board (Division or 
Board of Oil, Gas and Mining) action or proceeding ``determining'' 
(rather than ``that determines'') the legal rights, duties, privileges, 
immunities, or other legal interests of one or more identifiable 
persons, including actions to grant, deny, revoke, suspend, modify, 
annul, withdraw, or amend an authority, right, permit, or license; ``or 
(b) judicial review of a division or board action or proceeding 
specified in Subsection (a).''
    Utah proposes at U.C.A. 40-10-11(3) that an applicant shall file 
with his permit application a schedule listing, among other things, any 
and all notices of violation of ``the Surface Mining Control and 
Reclamation Act of 1977 or its implementing regulations.'' This 
proposed rule further specifies that the Division shall not issue a 
permit where the above-described schedule or other information 
available to the Division indicates that any surface coal mining 
operation owned or controlled by the applicant is currently in 
violation of U.C.A. 40-10 or other laws ``and regulations'' referred to 
in U.C.A. 40-10-11(3). Utah proposes at U.C.A. 40-10-11(5)(a) that 
after October ``24'' (rather than ``14''), 1992, the permit issuance 
prohibition of U.C.A. 40-10-11(3) does not apply if the violation 
resulted from an unanticipated event or condition that occurred at a 
surface coal mining operation on lands eligible for remining under a 
permit held by the person making the application.
    Utah proposes at U.C.A. 40-10-13(2)(b) that informal conferences to 
discuss objections to proposed initial or revised permit applications 
shall be conducted in accordance with the procedures described in 
``this'' subsection (b) and that the conference ``shall,'' not ``may,'' 
be held in the locality of the coal mining and reclamation operation if 
requested within a reasonable time after written objections or request 
for an informal conference are received by the Division.
    Utah proposes in the coal mining and reclamation operation 
performance standards at U.C.A. 40-10-17(2)(j)(ii)(B), (2)(p) (ii) and 
(iii), (3) (a) and (c), and (4) and (4) (a), and (d) to clarify that 
other rules that are cited and are referred to as ``this subsection'' 
are specific rule subsections included within U.C.A. 40-10-17.
    Utah proposes at U.C.A. 40-10-18 (1) through 15(b), 18.1, and 18.2, 
various changes in punctuation, recodification, referenced rule 
citations, sentence structure, and word choice that are apparently 
intended to be editorial rather than substantive in their effect. Utah 
proposes at U.C.A. 40-10-18(15)(c) that ``[s]ubject to the provisions 
of Section 40-10-29, the permittee shall promptly replace any state-
appropriated water in existence prior to the application for a surface 
coal mining and reclamation permit, which has been affected by 
contamination, diminution, or interruption resulting from underground 
coal mining operations.''
    Utah proposes at U.C.A. 40-10-20(2)(e)(ii) that, if an operator 
fails to forward the amount of the civil penalty for a violation to the 
Division within 30 days of the civil penalty for a violation to the 
Division within 30 days of receipt of the results of the informal 
conference, the operator waives any opportunity for further review of 
the ``fact of the'' violation or to contest the ``amount of the civil 
penalty assessed for the'' violation.
    Utah proposes at U.C.A. 40-10-25(6)(b) that AMLR funds available 
under U.C.A. 40-10-25 may be used for reclamation when a bond or 
deposit for a ``surface coal mining operation,'' rather than a ``coal 
surface mining operation,'' on lands eligible for remining is forfeited 
and the amount of the bond or deposit is not sufficient to provide for 
adequate reclamation.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h) and 30 CFR 
884.15(a), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable program and plan approval criteria of 30 CFR 
732.15 and CFR 884.14. 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 Denver Field Division 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 4:00 p.m., 
m.d.t., on June 30, 1997. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. 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

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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 rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 or AMLR plans and plan amendments since each such 
program or plan 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 
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. Decisions on proposed State AMLR plans 
and amendments are based on a determination of whether the submittal 
meets the requirements of title IV of SMCRA (30 U.S.C. 1231-1243) and 
the applicable Federal regulations at 30 CFR Parts 884 and 888.

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)).
    No environmental impact statement is required for this rule since 
agency decisions on proposed State AMLR plans and amendments are 
categorically excluded from compliance with the National Environmental 
Policy Act (42 U.S.C. 4332) by the Manual of the Department of the 
Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

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.

6. Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 944

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: June 5, 1997.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-15646 Filed 6-12-97; 8:45 am]
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