Utah Regulatory Program and Abandoned Mine Plan

DEPARTMENT OF THE INTERIOR

30 CFR Part 944

Utah Regulatory Program and Abandoned Mine Plan

AGENCY: Offices of Surface Mining Reclamation and Enforcement,

Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory

information pertaining to a previously proposed amendment to the Utah

regulatory program and abandoned mine plan (hereinafter, the ``Utah

program'' and ``Utah plan'') under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The additional explanatory information

for Utah's proposed revisions to the Utah Coal Mining and Reclamation

Act pertain to appeals of district court decisions, contests of

violation or amount of a civil penalty, civil penalties for failure to

correct a violation, and waivers of liens and fees for reclaimed

abandoned mine land. The amendment is intended to incorporate the

additional flexibility afforded by SMCRA, as amended, clarify

ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., August

15, 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 March 7, 1994, Utah submitted a proposed amendment

to its program pursuant to SMCRA (administrative record No. UT-900).

Utah submitted the proposed amendment at its own initiative. The

provisions of the Utah Coal Mining and Reclamation Act, which are a

part of the Utah program, that Utah proposed to revise were Utah Code

Annotated (UCA) 40-10-14, appeals to district court of decisions by the

Board of Oil, Gas and Mining (Board), and UCA 40-10-20, civil penalties

for violations of permit conditions, informal conferences before the

Division of Oil, Gas and Mining (Division), public hearings before the

Board, contests of violation or amount of penalty, collections,

criminal penalties, and civil penalties for failure to correct a

violation. The provision of the Utah Coal Mining and Reclamation Act,

which is a part of the Utah plan, that Utah proposed to revise was UCA

40-10-28.1, certification of completion of coal reclamation.

OSM announced receipt of the proposed amendment in the March 29,

1994, Federal Register (59 FR 14591), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. UT-911).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on April 28, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of the Utah Coal Mining and Reclamation Act

at UCA 40-10-14 (3) and (6), appeal of district court decisions; UCA

40-10-20(3), contest of violation or amount of civil penalty; UCA 40-

10-20(8), civil penalty for failure to correct violation; and UCA 40-

10-28 (1)(a)(ii) and (2)(a), waivers of liens and fees for reclaimed

abandoned mine land. OSM notified Utah of the concerns by letter dated

June 10, 1994 (administrative record No. UT-935). Utah responded in a

letter dated July 5, 1994, by submitting additional explanatory

information (administrative record No. UT-949).

Utah proposes additional explanatory information for UCA 40-10-14

(3) and (6), procedural guidance for formal hearings and appeals of

decisions by the Board and district court decisions; UCA 40-10-20(3),

waiver of rights to contest the violation or amount of a civil penalty

if the operator fails to forward the amount of the penalty within the

time allowed; UCA 40-10-20(8), review proceedings of a civil penalty

assessed for failure to correct a violation; and UCA 40-10-28

(1)(a)(ii) and (2)(a), waiver of liens when certain criteria are met

and the sale price of reclaimed abandoned mine land.

Specifically, Utah proposes additional explanatory information to

(1) clarify that the formal hearing contemplated under section UCA 40-

10-14 (3) and (6) is governed by section 63-46(b)-1 et seq. of the Utah

Administrative procedures Act (UAPA) and Utah Administrative Rule (Utah

Admin. R.) 641-100 et seq. of the Rules of Practice and Procedure of

the Board; (2) assure that, in the case of a decision by the Board, the

record established by the Board in the hearing transcript becomes the

trial record which is reviewed by the Utah Supreme Court, and where the

Board fails to act, the district court becomes the court of record and

appeals are thereafter to the Utah Supreme Court; (3) confirm that the

provision requiring a waiver of all legal rights to contest a violation

or the amount of the civil penalty when the operator fails to forward

the amount of the penalty within 30 days of reassessment of

finalization of the penalty is a part of another amendment currently

being reviewed by OSM; (4) provide that UCA 40-10-22 is the State's

counterpart to references contained in section 518(h) of SMCRA and that

Utah will either designate it as such by clarifying policy or

incorporate the actual reference into the Utah Code during the 1995

legislative session; and (5) confirm that the proposed amendment does

not properly describe certain details of the lien placement process,

namely the value determination of the lien and a date requirement for

prior ownership, but that the subject requirements are provided in

another amendment currently being considered by OSM.

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 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 (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.

List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 25, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-18529 Filed 7-28-94; 8:45 am]

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