# Utah Regulatory Program > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-12606 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** May 24, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-12606. Public record. Not legal advice.