Utah Permanent Regulatory Program and Abandoned Mine Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

Utah Permanent Regulatory Program and Abandoned Mine Plan

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 and abandoned mine plan (hereinafter, the

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

and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of

revisions to the Utah Coal Mining and Reclamation Act pertaining to

appeals by an applicant or any person with an interest which is or may

be adversely affected from the final judgment, order, or decree of the

district court in relation to a permit for surface coal mining and

reclamation operations; civil penalties, informal conferences, public

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

criminal penalties, and civil penalties for failure to correct a

violation; recovery of reclamation costs and liens against reclaimed

land; and certification of completion of coal reclamation. The

amendment is intended to incorporate the additional flexibility

afforded by SMCRA, as amended, and improve operational efficiency.

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.d.t. on April 28,

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

held on April 25, 1994. Requests to present oral testimony at the

hearing must be received by 4 p.m., m.d.t. on April 13, 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 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:

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 an explanation of the conditions of approval of the Utah

program can be found in the January 21, 1981, Federal Register (46 FR

5899). Actions taken subsequent to approval of the Utah program are

codified 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

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

of the Utah program, that Utah proposes to amend are: (1) Utah Code

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

Board of Oil, Gas and Mining (Board) and (2) 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 sections of the Utah Coal Mining and

Reclamation Act, which are a part of the Utah plan, that Utah proposes

to amend are: (1) UCA 40-10-28, recovery of reclamation costs and liens

against reclaimed land and (2) UCA 40-10-28.1, certification of

completion of coal reclamation.

Specifically, Utah proposes to revise its statutory language

pertaining to appeals to district court of a decision by the Board

granting or denying a permit to conduct surface coal mining and

reclamation operations at UCA 40-10-14(6) by: (1) Deleting the

provision that review of the adjudication of the district court is by

the Supreme Court and (2) adding new language to provide that any party

to the action in district court may appeal from the final judgment,

order or decree of the district court.

Utah proposes to revise its statutory language pertaining to civil

penalties for violations of permit conditions at UCA 40-10-20(1) by

making limited editorial changes, recodifying each preexisting

requirement in this section, revising the language to indicate that a

civil penalty for a violation ``may,'' rather than ``shall,'' not

exceed $5,000 for each violation, and adding new language to provide

that civil penalties are assessed by the Division rather than by the

Board.

Utah proposes to revise its statutory language pertaining to

informal conferences before the Division at UCA 40-10-20(2) (a) through

(e) by adding new language to provide that: (1) Within 30 days after

issuance of a notice or order that a violation has occurred, the

Division will inform the permittee of the proposed assessment, (2) the

person charged with a violation has 30 days to pay the proposed

assessment in full or request an informal conference before the

Division, (3) the informal conference may address the amount of the

proposed assessment, or the fact of the violation, or both, (4) within

30 days of receipt of the Division's informal conference decision, the

permittee may request a hearings before the Board on the informal

conference decision, (5) if the permittee requests a Board hearing, the

permittee will, within 30 days of receipt of the Division's informal

conference decision, forward to the Division the amount of the proposed

assessment, and the Division will place the proposed assessment in an

escrow account prior to review by the Board, and (6) the Division will

within 30 days remit monies with accumulated interest to the operator

if, through administrative or judicial review, it is determined no

violation occurred or the amount of the penalty should be reduced.

Utah proposes to recodify existing UCA 40-10-20(2) as 40-10-20(3)

and revise the statutory language there pertaining to public hearings

before the Board by making limited editorial changes, adding new

language at UCA 40-10-20(2)(e) to provide that if the person charged

with a violation fails to avail himself of the opportunity for a public

hearing, the Division will assess a civil penalty after the Division

has determined that a violation did occur, the amount of the penalty

that is warranted, and an order requiring that the penalty be paid has

been issued by the Division.

Utah proposes to delete existing UCA 40-10-20(3) in its entirety

and incorporate the provisions of paragraph (3) in proposed UCA 40-10-

20(2), except that the provision requiring waiver of all legal rights

to contest the violation or the penalty amount when the operator fails

to forward the penalty money to the Board within 30 days is not

proposed to be incorporated elsewhere in the proposed amendment.

Utah proposes editorial revisions at UCA 40-10-20 (5) and (6) to

reflect the recodification of existing UCA 40-10-20(2) as UCA 40-10-

20(3) in the proposed amendment.

Utah proposes to revise its statutory language pertaining to civil

penalties for failure to correct a violation at UCA 40-10-20(8) by

recodifying UCA 40-10-20(8) as UCA 40-10-20(8) (a), (b), (b)(i) and

(b)(ii), revising existing 40-10-20(8) to require that the operator who

fails to correct a violation within the period permitted will be

assessed a civil penalty of not less than $750 for each day during

which the failure or violation continues, and providing, at UCA 40-10-

20(8)(b), that the period for correction of a violation for which a

notice of cessation order has been issued under UCA 40-10-22(1) may not

end until either of the conditions provided at UCA 40-10-20(8)(b) (i)

or (ii) occurs.

Utah proposes limited editorial revisions to its statutory language

pertaining to recovery of reclamation costs and liens against reclaimed

land at UCA 40-10-28 to improve clarity and provide that the Division

rather than the Board may waive the requirement of a lien.

Utah proposes to revise its statutory language pertaining to

certification of completion of coal reclamation at UCA 40-10-28.1(6) to

clarify that the Division may use annual grant monies to carry out

activities or construction of specific public facilities related to the

coal or minerals industry in ``an area'' impacted by coal or minerals

developed rather than in ``a state'' so impacted.

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 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 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 p.m., m.d.t.

on April 13, 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 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 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

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 23, 1994.

Raymond L. Lowrie,

Assistant Director, Western Support Center.

[FR Doc. 94-7334 Filed 3-28-94; 8:45 am]

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