DAR File No. 43914

This notice was published in the August 15, 2019, issue (Vol. 2019, No. 16) of the Utah State Bulletin.


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.: 43914
Filed: 07/23/2019 02:43:34 PM

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 rulemaking authority to the Board of Oil, Gas, and Mining (Board) for rules that are specifically necessary for the regulation of coal mining operations and reclamation operations. Subsection 40-10-3(20) does not include extraction activities of coal incidental to the extraction of other minerals where coal does not exceed 16-2/3% of the tonnage of minerals removed for purposes of commercial use, sale, or coal explorations.

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

No written comments have been received.

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 as it implements the exemption contained in Section 40-10-3(20) of the Act concerning the extraction of coal incidental to the extraction of other minerals. 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 Office of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; CoalRoom 1210
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

  • Natasha Ballif at the above address, by phone at 801-538-5336, by FAX at , or by Internet E-mail at natashaballif@utah.gov

Effective:

07/23/2019

Authorized by:

John Baza, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Natasha Ballif at the above address, by phone at 801-538-5336, by FAX at , or by Internet E-mail at natashaballif@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.