[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12605] [[Page Unknown]] [Federal Register: May 24, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 944 Utah Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Final rule; approval of amendment. ----------------------------------------------------------------------- SUMMARY: OSM is approving an amendment to the Utah regulatory program (hereinafter referred to as the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposed revisions to rules pertaining to significant permit revisions. The amendment was intended to improve operational efficiency and simplify the processing and approval of coal permit changes ordered by the Utah Division of Oil, Gas and Mining (Division). EFFECTIVE DATE: May 24, 1994. 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-899). Utah submitted the proposed amendment on its own initiative to ``streamline the Utah program and to simplify the process for revising permits.'' The provisions of the Utah Coal Mining Rules that Utah proposed to revise were Utah Administrative Rules (Utah Admin. R.) 645- 303-224.400, .500, and .600, regarding the requirements for significant permit revisions. OSM announced receipt of the proposed amendment in the March 28, 1994, Federal Register (59 FR 14377), provided an opportunity for a public hearing or meeting on its substantive adequacy, and invited public comment on its adequacy (administrative record No. UT-910). Because no one requested a public hearing or meeting, none was held. The public comment period ended on April 27, 1994. III. Director's Findings As discussed below, the Director, in accordance with SMCRA and 30 CFR 732.15 and 732.17, finds that the proposed program amendment submitted by Utah on March 7, 1994, is no less effective than the corresponding Federal regulations and no less stringent than SMCRA. Accordingly, the Director approves the proposed amendment. Utah Admin. R. 645-303-224.400, .500, and .600, Significant Permit Revisions Utah's rules at Utah Admin. R. 645-303-224 set forth those conditions under which an operator's application for a permit change must be processed by Utah as a significant permit revision. In these rules, Utah proposed to delete Utah Admin. R. 645-303-224.400 and to recodify Utah Admin. R. 645-303-224.500 and .600 as Utah Admin. R. 645- 303-224.400 and .500, respectively. The rule proposed for deletion requires that permit changes that are ordered by the Division in accordance with Utah Admin. R. 645-303-212 and 213 (the provisions authorizing the Division to order permit revisions) must always be processed as significant permit revisions. The Federal regulation at 30 CFR 774.13(b)(2) requires each State with primacy to establish guidelines for determining when a permit revision must be subjected to all of the permit application information requirements and procedures of 30 CFR, Subchapter G, including the notice, public participation, and notice of decision requirements at 30 CFR 773.13, 773.19(b) (1) and (3), and 778.21. In addition, 30 CFR 774.13(b)(2) requires that the above requirements and procedures shall apply, at a minimum, to all ``significant'' permit revisions. The Federal regulation does not define the term ``significant.'' Instead, the Federal regulation allows each State to determine, for itself, when a permit revision is significant, and when it is not significant. Utah has met the above Federal requirement by promulgating the criteria at Utah Admin. R. 645-303-224.100 through .600, which determine when a permit change must be processed as a ``significant'' permit revision. Under Utah's program, at Utah Admin. R. 645-303-226, a significant permit revision is subjected to all of the permit application information requirements at Utah Admin. R. 645-300-100, 645-300-200, 645-301, and 645-302. One of the criteria for determining when a permit change must be processed as a significant permit revision is existing Utah Admin. R. 645-303-224.400, which requires that, when a permit change is ordered by the Division, rather than proposed by an operator on its own initiative, the permit change must be processed as a significant permit revision. As set forth at Utah Admin. R. 645-303-211 through 645-303- 213, division-ordered permit changes are required when the review of a permit reveals that a change in the permit is needed to ensure compliance with the State program. Since the Federal regulation at 30 CFR 774.13(b)(2) does not require that any specific kind of permit revision be processed as a ``significant'' revision, it does not require that a permit revision ordered by a State regulatory authority be processed as a significant permit revision. Therefore, Utah's proposal to delete from its program the requirement at Utah Admin. R. 645-303-224.400 that all permit changes ordered by the Division be processed as significant permit revisions is not inconsistent with and is no less effective than the Federal regulation at 30 CFR 774.13(b)(2). Therefore, the Director approves the proposed deletion and recodification. IV. Summary and Disposition of Comments 1. Public Comments OSM invited public comments on the proposed amendment, but none were received. 2. Federal Agency Comments Pursuant to 732.17(h)(11)(i), OSM solicited comments on the proposed amendment from various Federal agencies with an actual or potential interest in the Utah program. The U.S. Bureau of Mines responded on March 27, 1994, by telephone conversation, that it had no comments on the proposed amendment (administrative record No. UT-905). 3. Environmental Protection Agency (EPA) Concurrence Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit the written concurrence of EPA with respect to those provisions of the proposed program amendment that relate to air or water quality standards promulgated under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Utah proposed to make in its amendment pertain to air or water quality standards. Therefore, OSM did not request EPA's concurrence. Pursuant to 732.17(h)(11)(i), OSM solicited comments on the proposed amendment from EPA (administrative record No. UT-902). It responded on March 30, 1994, that it had no comments on the proposed amendment (administrative record No. UT-912). 4. State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the proposed amendment from the SHPO and the ACHP. Neither the SHPO nor the ACHP responded to OSM's request. V. Director's Decision Based on the above finding, the Director approves Utah's proposed amendment as submitted on March 7, 1994. The Director approves Utah's revisions of its significant permit revision rules, including the deletion of Utah Admin. R. 645-303- 224.400 and the recodification of Utah Admin. R. 645-303-224.500 and .600 as Utah Admin. R. 645-303-224.400 and .500, respectively. The Director approves the rules as proposed by Utah with the provision that they be fully promulgated in identical form to the rules submitted to and reviewed by OSM and the public. The Federal regulations at 30 CFR Part 944, codifying decisions concerning the Utah program, are being amended to implement this decision. This final rule is being made effective immediately to expedite the State program amendment process and to encourage States to bring their programs into conformity with the Federal standards without undue delay. Consistency of State and Federal standards is required by SMCRA. VI. 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 of 1969 (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 944 Intergovernmental relations, Surface mining, Underground mining. Dated: May 17, 1994. Linda M. Wagner, Acting Assistant Director, Western Support Center. For the reasons set out in the preamble, Title 30, Chapter VII, Subchapter T, of the Code of Federal Regulations is amended as set forth below: PART 944--UTAH 1. The authority citation for part 944 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 2. Section 944.15 is amended by adding paragraph (y) to read as follows: Sec. 944.15 Approval of amendments to the Utah regulatory program. * * * * * (y) Revisions to Utah's significant permit revisions rules, including the deletion of Utah Admin. R. 645-303-224.400 and recodification of Utah Admin. R. 645-303-224.500 and .600, as Utah Admin. R. 645-303-224.400 and .500, respectively, as submitted to OSM on March 7, 1994, are approved effective May 24, 1994. [FR Doc. 94-12605 Filed 5-23-94; 8:45 am] BILLING CODE 4310-05-M