[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-7334] [[Page Unknown]] [Federal Register: March 29, 1994] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-05-M