[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18502]
[[Page Unknown]]
[Federal Register: July 29, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah Regulatory Program
action: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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summary: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Utah regulatory program
(hereinafter, the ``Utah program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The revisions for Utah's proposed
rules pertain to coal exploration on lands designated as unsuitable for
surface coal mining operations and performance standards for coal
exploration operations that substantially disturb the natural land
surface. 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.
dates: Written comments must be received by 4:00 p.m., m.d.t, August
15, 1994.
addresses: Written comments should be mailed or hand delivered to
Thomas E. Ehmett 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.
Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW.,
Suite 1200, Albuquerque, New Mexico 87102.
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: 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 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.
The provisions of the Utah Coal Mining Rules that Utah proposed to
amend were: (1) 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 of Oil, Gas, and Mining (Division);
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.
OSM announced receipt of the proposed amendment in the February 25,
1994, Federal Register (59 FR 9153), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-897).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on March 28, 1994.
During its review of the amendment, OSM identified concerns
relating to (1) the provisions of the Utah Coal Mining rules at Utah
Admin. R. 645-202-232, roads and other transportation facilities, and
Utah Admin. R. 645-202-235, disturbance of the hydrologic balance; and
(2) editorial comments. OSM notified Utah of the concerns by letter
dated April 15, 1994 (administrative record No. UT-915). Utah responded
in a letter dated May 10, 1994, by submitting a revised amendment
(administrative record No. UT-921).
Utah proposed revisions for Utah Admin. R. 645-200-200,
responsibilities; Utah Admin. R. 645-201-100, responsibilities for coal
exploration plan review; Utah Admin. R. 645-201-200, notices of
intention to conduct minor coal exploration; Utah Admin. R. 645-201-
300, major coal exploration permits; Utah Admin. R. 645-202-100,
required documents; and Utah Admin. R. 645-202-200, performance
standards.
Specifically, Utah proposed revisions to require that the
performance standards for coal exploration operations that
substantially disturb the natural land surface include references to
the State counterpart rules for the (1) catastrophic event provision
that pertains to roads and other transportation facilities and (2)
water quality and effluent limitations, sediment control measures,
discharge structures, and impoundments provisions that pertain to
protection of the hydrologic balance. Utah also proposed editorial
revisions in response to OSM's comments.
OSM announced receipt of the proposed revised amendment in the May
24, 1994, Federal Register (59 FR 26767) and invited public comment on
its substantive adequacy (administrative record No. UT-932). The public
comment period ended on June 8, 1994.
During its review of the revised amendment, OSM identified
additional concerns relating to (1) Utah Admin. R. 645-200-122, 645-
200-123, and 645-201-210, lands designated as unsuitable for surface
coal mining, and (2) Utah Admin. R. 645-202-235, disturbance of the
hydrologic balance. OSM notified Utah of the concerns by letter dated
July 7, 1994 (administrative record No. UT-943). Utah responded in a
letter dated July 11, 1994, by submitting a revised amendment
(administrative record No. UT-950).
Utah proposes revisions for Utah Admin R. 645-200-100, scope of
rules for coal exploration; Utah Admin. R. 645-201-200, notices of
intention to conduct minor coal exploration; and Utah Admin. R. 645-
202-200, performance standards.
Specifically, Utah proposes revisions at (1) Utah Admin. R. 645-
200-122, 645-200-123, and 645-201-210 to require that coal exploration
on lands designated as unsuitable for surface coal mining operations
will be subject to the same requirements for coal exploration during
which more than 250 tons of coal will be removed, and (2) Utah Admin.
R. 645-202-235 to provide, in its performance standards for coal
exploration operations that substantially disturb the natural land
surface, a reference to the State's counterpart provisions for sediment
control measures.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. 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.
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.
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 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 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.
V. List of Subjects in 30 CFR Part 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 22, 1994.
Peter A. Rutledge,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-18502 Filed 7-28-94; 8:45 am]
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