DAR File No. 28742

Natural Resources, Oil, Gas and Mining; Coal

R645-106

Exemption for Coal Extraction Incidental to the Extraction of Other Minerals

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28742
Filed: 05/17/2006, 04:23
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:

Subsection 40-10-3(20)(a) is the "Definition" of the Utah Coal Mining and Reclamation Act. It defines: 1) what falls under the jurisdiction of the Coal Act; and 2) what is exempt from regulation. The key item is defining exemption for the extraction of coal when it is being mined as the nonprimary commodity. An example would be the mining of decorative sandstone block where there is a small "rider" seam of coal overlying the sandstone. If the coal that is mined incidental to the extraction of the sandstone does not exceed 16-2/3 percent of the total product mined, the mine operation would be exempt from the regulation under the Coal Act. However, the mine would be regulated under the Mined Land Reclamation Act, Sections 40-8-1 to 40-8-23. Without this rule, there is no clear definition of how the extracted minerals would be regulated.

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

One written comment from the Office of Surface Mining noting that the citation should be Subsection 40-10-3(20)(a) not 40-10-3(18).

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

The rules in the Utah Coal Program must be as effective as the federal rules (30 CFR) in order for Utah to have primacy in regulating the environmental effects of coal mining.

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

Direct questions regarding this rule to:

Michael Hebertson at the above address, by phone at 801-538-5333, by FAX at 801-538-3940, or by Internet E-mail at michaelhebertson@utah.gov

Authorized by:

John Baza, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Michael Hebertson at the above address, by phone at 801-538-5333, by FAX at 801-538-3940, or by Internet E-mail at michaelhebertson@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.