No. 30934 (Amendment): R645-300-100. Review, Public Participation, and Approval or Disapproval of Permit Applications and Permit Terms and Conditions

DAR File No.: 30934
Filed: 01/29/2008, 03:24
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment results from a request to study rules by the Utah Mining Association and a subsequent informal rulemaking process. The purpose of this rule change is to require the division to issue a written finding with justification for additional information required from a coal operator after their application.

Summary of the rule or change:

This rule change requires the division to issue a written finding with justification for additional information required from a coal operator after their application for a permit, permit change, or permit renewal. Numerous rules within Title R645 contain phrases such as "if required by the Division" and the division will provide a written finding with justification if such information is determined to be required for submission.

State statutory or constitutional authorization for this rule:

Sections 40-10-6 and 40-10-11

Anticipated cost or savings to:

the state budget:

There are no significant costs or savings anticipated to the state budget from this rule change since this amendment represents a minor change from the current practice of the division's Coal Program.

local governments:

There are no anticipated costs or savings to local government from this rule change. Local governments are not impacted since the amendment only places an additional rule requirement upon the division's Coal Program.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses from this rule change. These groups are not impacted since the amendment only places an additional rule requirement upon the division's Coal Program.

Compliance costs for affected persons:

Coal mine operators within Utah are regulated via Title R645 rules. No new compliance costs are expected for coal mine operators. The impact of this rule in any manner is upon the Coal Program within the division.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact upon businesses is expected from this rule change. Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; Coal
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2008

Interested persons may attend a public hearing regarding this rule:

2/27/2008 at 10:00 AM, Natural Resources, 1594 W North Temple, Suite 1040, Salt Lake City, UT

This rule may become effective on:

03/26/2008

Authorized by:

John Baza, Director

RULE TEXT

R645. Natural Resources; Oil, Gas and Mining; Coal.

R645-300. Coal Mine Permitting: Administrative Procedures.

R645-300-100. Review, Public Participation, and Approval or Disapproval of Permit Applications and Permit Terms and Conditions.

The rules in R645-300-100 present the procedures to carry out the entitled activities.

 

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131. General.

131.100. The Division will review the application for a permit, permit change, or permit renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision, within a reasonable time set by the Division, either granting, requiring modification of, or denying the application. If an informal conference is held under R645-300-123 the decision will be made within 60 days of the close of the conference, unless a later time is necessary to provide an opportunity for a hearing under R645-300-210.

131.110. Application review will not exceed the following time periods:

131.111. Permit change applications.

131.111.1. Significant revision - 120 days.

131.111.2. Amendments - 60 days.

131.112. Permit renewal - 120 days.

131.113. New underground mine applications - One year.

131.114. New surface mine applications - One year.

131.120. Time will be counted as cumulative days of Division review and will not include operator response time or time delays attributed to informal or formal conferences or Board hearings.

131.200. The applicant for a permit or permit change will have the burden of establishing that their application is in compliance with all the requirements of the State Program.

131.300. If, after review of the application for a permit, permit change, or permit renewal, additional information is required, the Division will issue a written finding providing justification as to why the additional information is necessary to satisfy the requirements of the R645 Rules and issue a written decision requiring the submission of the information.

132. Review of Compliance.

 

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KEY: reclamation, coal mines

Date of Enactment or Last Substantive Amendment: [1992]2008

Notice of Continuation: March 7, 2007

Authorizing, and Implemented or Interpreted Law: 40-10-1 et seq.