Utah Permanent Regulatory Program

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; public comment period and opportunity for public

hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Utah

permanent regulatory program (hereinafter, the ``Utah program'') under

the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of revisions to Utah's rules pertaining to

coal exploration. Utah proposed the amendment with the intent of

streamlining the Utah program and making the exploration process more

responsive to field needs for coal seam information.

This document sets forth the times and locations that the Utah

program and proposed amendment to that program are available for public

inspection, the dates and times of the comment period during which

interested persons may submit written comments on the proposed

amendment, and the procedures that will be followed regarding the

public hearing, if one is requested.

DATES: Written comments must be received by 4 p.m., m.s.t. on March 28,

1994. If requested, a public hearing on the proposed amendment will be

held on March 22, 1994. Requests to present oral testimony at the

hearing must be received by 4 p.m., m.s.t. on March 14. 1994. Any

disabled individual who has a need for a special accommodation to

attend a public hearing should contact the individual listed under FOR

FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments should be mailed or hand delivered to

Robert H. Hagen 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.

Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface

Mining Reclamation and Enforcement, 505 Marquette Avenue NW., suite

1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486

Utah 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:

Robert H. Hagen, Telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

II. Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

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 to

``streamline the Utah program and make the exploration process more

responsive to field needs for coal seam information.'' The sections of

the Utah Coal Mining Rules that Utah proposes to amend are: 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 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.

Specifically, Utah proposes to revise its rules describing the

scope of its coal exploration rules at (1) Utah Admin. R. 645-200-121

to provide a coal exploration category for exploration that is subject

to 43 CFR parts 3480 through 3487 and to require that this category of

exploration be conducted according to the procedures set forth in 43

CFR parts 3480 through 3487; (2) Utah Admin. R. 645-200-122 to require,

for coal exploration operations that will remove 250 tons or less of

coal, the Division of Oil, Gas and Mining (Division) to review the

operator's notice of intention to conduct minor coal exploration under

the requirements of Utah Admin. R. 645-201-200; and (3) Utah Admin. R.

645-200-123 to require, for coal exploration operations that will

remove more than 250 tons of coal, the Division's approval and issuance

of a major coal exploration permit under the requirements of Utah

Admin. R. 645-201-300.

Utah proposes to revise its rules pertaining to the Division's

responsibilities for coal exploration at (1) Utah Admin. R. 645-200-220

to provide that the Division will receive and review notices of

intention to conduct minor coal exploration and enforce the terms of

each notice; receive, review, and approve or disapprove applications

for major coal exploration permits as well as issue, condition,

suspend, revoke and enforce these permits under the Utah program; and

review and respond to notices of intention to conduct minor coal

exploration and initial applications for major coal exploration permits

within 15 days of receipt; and (2) Utah Admin. R. 645-200-230 to

provide that the Division will coordinate review of notices of

intention for minor coal exploration and review, approval, or

disapproval of major coal exploration permit applications with other

government agencies, as appropriate.

Utah proposes to revise its rules for coal exploration plan review

at (1) Utah Admin. R. 645-201-110 to provide that the Division will be

responsible for coal exploration plan review on lands not subject to 43

CFR parts 3480 through 3487; (2) Utah Admin. R. 645-201-120 to provide

that the review of coal exploration plans on lands subject to 43 CFR

parts 3480 through 3487 will be guided by the direction provided in 43

CFR parts 3480 through 3487; and (3) Utah Admin. R. 645-201-130 to

provide that the Division will coordinate as appropriate its activities

in reviewing coal exploration projects with other agencies in order to

reduce duplication of agency and operator effort and maximize

protection of the State from the environmental effects of coal

exploration activities.

Utah proposes to revise its rules for notices of intention to

conduct minor coal exploration at Utah Admin. R. 645-201-210 to provide

that notices of intention to conduct minor coal exploration when 250

tons or less of coal will be removed will require Division review prior

to conducting exploration.

Utah proposes to revise its rules for coal exploration compliance

duties and required documents at Utah Admin. R. 645-202-100 to provide

that each person who conducts coal exploration that substantially

disturbs the natural land surface will, while in the exploration area,

have available a copy of the approved minor coal exploration notice of

intention or approved major coal exploration permit for review by an

authorized representative of the Division upon request.

Utah proposes editorial revisions to its rules for minor coal

exploration at Utah Admin. R. 645-200-122, 645-200-220, 645-201-210 and

-220, and 645-202-100 to replace ``application'' and ``permit'' as they

pertain to minor coal exploration with the phrase ``notice of intention

to conduct,'' and to provide that the Division ``reviews'' rather than

``approves and issues'' these notices. Utah proposes to eliminate the

distinction between coal exploration ``outside an approved permit

area'' and ``within an approved permit area'' at Utah Admin. R. 645-

200-100, 645-201-100, and 645-202-100. Utah proposes to delete parts of

Utah Admin. R. 645-201-100 through 140, revise the language as it

pertains to responsibilities for coal exploration, and recodify the

remaining provisions of this section as Utah Admin. R. 645-201-100

through 130.

III. Public Comment Procedures

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.

1. Written Comments

Written comments should be specified, 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.

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.s.t. on March 14, 1994. 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 specific 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 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 proposed 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 which 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

Intergovrnmental relations, Surface mining, Underground mining.

Dated: February 17, 1994.

Raymond L. Lowrie,

Assistant Director, Western Support Center.

[FR Doc. 94-4280 Filed 2-24-94; 8:45 am]

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