Utah Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-033]

Utah Regulatory Program

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 (hereinafter, the ``Utah program'') under the Surface Mining

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

consists of revisions to rules pertaining to petitions to initiate

rulemaking, backfilling and grading, and highwall retention. The

amendment is intended to revise the Utah program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.s.t., on April

19, 1996. If requested, a public hearing on the proposed amendment will

be held on April 15, 1996. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.s.t., on April 4, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to James

F. Fulton 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

Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Western Regional

Coordinating Center, Office of Surface Mining Reclamation and

Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202

James W. Carter, Director, Division of Oil, Gas & Mining, 3 Triad

Center, Suite 350, 355 West North Temple, Salt Lake City, Utah 84180-

1230

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 672-5524.

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 November 30, 1995, and March 11, 1996, Utah

submitted to OSM rules that it had promulgated for its program

(administrative record Nos. UT-1079 and UT-1081) pursuant to SMCRA (30

U.S.C. 1201 et seq.). With three exceptions, these rules are

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substantively identical to rules that Utah had previously submitted to

OSM and for which the Director made a decision in the May 30, 1995,

Federal Register (60 FR 28040, administrative record No. UT-1057). The

three exceptions are rules that Utah is revising response to required

amendments and in response to a disapproval that OSM set forth in the

May 30, 1995, notice.

In response to the required program amendments at 30 CFR 944.16(c)

and (d) (May 30, 1995, 60 FR 28040, 28043-4, finding Nos. 4 and 5),

Utah proposes to revise Utah Admin. R. 645-301-553.110 and Utah Admin.

R. 534-301-553.120. Specifically, Utah proposes to revise Utah Admin.

R. 645-301-553.110 to reference ``R645-301-553.500 through R645-301-

553.540'' (emphasis added) instead of ``R645-301-500 through R645-301-

540.'' It also proposes to revise Utah Admin. R. 645-301-553.120 to

reference ``R645-301-553.500 through R645-301-553.540'' (emphasis

added) instead of ``R645-301-553.500 through R645-301-540'' and to

reference ``R645-301-553.650'' instead of ``R645-301-553.650 through

R645-301-553.651.'' In both of the revised rules, Utah indicates that

the referenced rules contain exceptions to the requirements for

operators to backfill and grade disturbed areas to approximate original

contour. The referenced rules pertain to previously mined areas,

continuously mined areas, areas with remaining highwalls subject to the

approximate original contour provisions, and highwall management under

the approximate original contour provisions.

In response to the Director not approving proposed Utah Admin. R.

645-301-553.651 (May 30, 1995, 60 FR 28040, 28046-7, finding No. 15),

Utah did not promulgate the rule. The rule concerned a proposed

applicability date for the backfilling and grading of highwalls.

Specifically, it would have provided that where an operator had

completed final backfilling and grading and Utah had released the phase

one bond prior to June 2, 1992, Utah would not require the operator to

redisturb the reclaimed highwall to bring it into compliance with Utah

Admin. R. 645-301-552.650.

In addition to the aforementioned revisions, Utah by letter dated

December 4, 1995, submitted to OSM a proposed revision to one of its

other rules (administrative record No. UT-1080). Utah submitted the

proposed revision in response to a November 22, 1995, OSM letter

(administrative record No. UT-1078) notifying Utah of a needed revision

to Utah's rule pertaining to petitions to initiate rulemaking.

Specifically, Utah proposes to revise Utah Admin. R. 645-100-500 to

require that persons other than the Division or Board of Oil, Gas and

Mining may petition to initiate rulemaking pursuant to Utah Admin. R.

Part 641 and the Utah Administrative Rulemaking Act at Utah Code

Annotated ``63-46a-1, et seq.'' instead of ``63-46a-8.''

Collectively, these revisions constitute a proposed amendment to

Utah's program.

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 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.s.t., on April 4, 1996. 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 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 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 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.

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 of 1969 (42 U.S.C.

4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

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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: March 13, 1996.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 96-6678 Filed 3-19-96; 8:45 am]

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