Office of the Governor PUBLIC LANDS POLICY COORDINATING OFFICE KATHLEEN CLARKE Director State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor December 14, 2016 Ms. Robin T. Ferguson Office of Surface Mining Reclamation and Enforcement U.S. Department of Interior 1951 Constitution Avenue, N.W. Washington, D.C. 20240 Subject: Stream Protection Rule Final Environmental Impact Statement Comments Dear Ms. Ferguson: The proposed Stream Protection Rule by the Office of Surface Mining Reclamation and Enforcement (OSM) expands regulations in an attempt to better protect streams and associated environmental values. Although the Final Environmental Impact Statement (EIS) has addressed some of our previous comments,1 the State of Utah continues to have concerns with the one-size-fits all approach to coal mining nationwide based on Appalachian area conditions and science. The EIS also goes far beyond stream protection and constitutes a major re-write of all aspects of the Coal Rules. The proposed rule must be further revised or withdrawn completely. The Utah Division of Oil, Gas and Mining (DOGM) regulates and ensures industry compliance and site restoration while facilitating oil, gas and mining activities. The Coal Program within DOGM regulates coal mining and is directed2 to support the existence of a viable coal mining industry, safeguard the environment, protect public health and safety, and achieve the successful reclamation of land affected by coal mining activities. Requirements of the proposed alternative fail to allow the professional expertise of Utah’s regulatory agency staff to protect the environment of our State. The proposed rule and Alternative 8 require specific biological conditions and increased participation of other regulatory agencies. The rule requires the input of other wildlife and biological opinions from outside agencies to participate in every proposed plan. This requirement places undue burden on DOGM staff to oversee proper mine life and post mine protections. DOGM regularly coordinates with outside agencies as needed on a case-by-case basis. The State 1 Letter to Joseph G. Pizarchik, Director of the Office of Surface Mining from Kathleen Clarke, Director of the Utah Public Lands Policy Coordinating Office, dated October 26, 2015. 2 Utah Code 40-10 5110 State Office Building, PO Box 141107, Salt Lake City, Utah 84114-1107 · telephone 801-537-9801 Ms. Robin T. Ferguson Office of Surface Mining Reclamation and Enforcement December 14, 2016 Page 2 recommends the rule be revised to allow DOGM regulatory staff to seek out additional expertise as needed. This will prevent the approval process from being slowed down from cumbersome and unwarranted consultation requirements. The Interstate Mining Compact Commission (IMCC), of which Utah is a member, has stated that the Clean Water Act has already established sufficient regulations and regulatory agencies to address the concerns in the proposed rule change. The State is concerned that the proposed rule has the potential to over-regulate water concerns nationwide, which will overburden coal operators with regulatory requirements. This would result in an economic and energy supply impact to the United States and the State of Utah. The State recommends OSM review the proposed rule with authorized State water protection agencies to ensure the Clean Water Act is adequately addressed without OSM overstepping its authority. The State continues to be concerned about the rule making process and the lack of cooperation with states and other experts who could have made a better, more scientifically accurate rule that fits varying mining conditions. The State reaffirms the remainder of the comments made in October 2015 and comments made through the Interstate Mining Compact Commission in the same time frame. In conclusion, the State recognizes the need to protect the safety of water sources and other environment concerns. However, the preferred Alternative 8 in the Final EIS places a one-size-fits-all regulation which does not fit such a variety of climates and conditions. The proposed rule imposes unnecessary and superfluous regulations on Utah with little to no additional protections for water resources. OSM must withdraw and reassess the proposed rule to ensure it fully considers and addresses Utah’s western waters and existing state authorities. The State of Utah appreciates the opportunity to comment on the proposed rule and EIS, which will have an effect on our regulation of coal mines within Utah. Sincerely, Kathleen Clarke Director 5110 State Office Building, PO Box 141107, Salt Lake City, Utah 84114-1107 · telephone 801-537-9801 .