Utah Regulatory Program

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Utah regulatory program (the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposed changes in its requirements for coal mine permit application approval at section 40-10-11 of the Utah Code Annotated (UCA, or the ``Utah Code''). The State proposed the changes to update language used to describe the approval process and information that needs to be documented during that process. In addition, Utah proposed to change paragraph (f) of UCA 40-10-11(2) to clarify limitations on the authority of the Division of Oil, Gas and Mining and of the Board of Oil, Gas and Mining with respect to property right disputes. Utah also proposed to revise provisions concerning a permit applicant's list of violations of air and water protection provisions at subsection (3) of UCA 40-10-11 in response to an amendment required by OSM and described at 30 CFR 944.16(f)(2). The amendment revised the Utah program to be consistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA) regulations and to improve operational efficiency.