Natural Resources, Oil, Gas and Mining; Coal

Rule 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.: 34550
Filed: 04/04/2011 11:42:00 AM

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:

Sections 40-10-6 and 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. Subsection 40-10-3(20)(a) specifically provides that coal mining operations as defined in the Act do not include the extraction of coal incidental to the extraction of other minerals.

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 was received in December 2010, and it was in support of renewal.

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

This rule is necessary to identify the percentage of incidental coal that is allowed in other mineral mining before the coal mining act and regulations are applicable to an extraction operation. 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:

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 steveschneider@utah.gov

Authorized by:

John Baza, Director

Effective:

04/04/2011