No. 29606: R645-100. Administrative: Introduction

DAR File No.: 29606
Filed: 03/07/2007, 08:56
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 40-10-6 and Subsection 40-10-6.5 provide for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. The definitions and other administrative components in this rule are utilized for consistent regulation.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Utah Mining Association is seeking clarification or amendment of three of the definitions within this rule. The Division is meeting with the Utah Mining Association and applicable coal company members to discuss these matters. UtahAmerican Energy, Inc. recently filed a petition with the Board to propose amendment of the definition of intermittent stream.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The definitions applicable to the Coal Program in this rule are necessary to avoid inconsistent use of terminology by the board, division, and affected parties. The other administrative items in this rule include the description of the applicability of these rules, petitions for rulemaking, citizen suits, availability of records, and computation of time frames. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

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]

Authorized by:

John Baza, Director