[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Proposed Rules]
[Pages 4499-4501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2331]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SPATS No. AR-027-FOR]
Arkansas Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Arkansas regulatory program and
abandoned mine land reclamation plan (hereinafter referred to as the
``Arkansas program'') under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The revisions for Arkansas' proposed amendment
pertain to the definition for ``unanticipated event or condition'';
procedures for challenging ownership and control links shown in AVS;
and applicant liability under the Small Operator Assistance Program.
Arkansas also proposed to correct typographical errors and a number of
incorrect reference citations. The amendment is intended to incorporate
the additional flexibility afforded by the revised Federal regulations
and to enhance the enforcement of the State program.
DATES: Written comments must be received by 4:00 p.m., c.s.t., February
14, 1997.
[[Page 4500]]
ADDRESSES: Written comments should be mailed or hand delivered to A.
Dwight Thomas, Acting Director, Tulsa Field Office at the address
listed below.
Copies of the Arkansas program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Tulsa Field Office.
A. Dwight Thomas, Acting Director, Tulsa Field Office, Office of
Surface Mining Reclamation and Enforcement, 5100 East Skelly Drive,
Suite 470, Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Arkansas Department of Pollution Control and Ecology, Surface Mining
and Reclamation Division, 8001 National Drive, Little Rock, Arkansas
72219-8913, Telephone (501) 682-0744.
FOR FURTHER INFORMATION CONTACT:
A. Dwight Thomas, Acting Director, Tulsa Field Office, Telephone: (918)
581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Arkansas Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Arkansas program. Background information on the Arkansas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the November
21, 1980, Federal Register (45 FR 77003). Arkansas amended its program
by submitting provisions that satisfied all of the conditions of the
Secretary's approval of November 21, 1980. Effective January 22, 1982,
OSM removed the conditions of the approval of the Arkansas permanent
regulatory program. Information on the removal of the conditions can be
found in the January 22, 1982, Federal Register (47 FR 3108).
Subsequent actions concerning the conditions of approval and program
amendments can be found at 30 CFR 904.12, 904.15, and 904.16.
II. Discussion of the Proposed Amendment
By letter dated April 2, 1996 (Administrative Record No. AR-557),
Arkansas submitted a proposed amendment to its program pursuant to
SMCRA. Arkansas submitted the proposed amendment at its own initiative.
The provisions of the Arkansas Surface Coal Mining and Reclamation Code
(ASCMRC) that Arkansas proposes to amend are: ASCMRC Section 700.10(b),
Termination of Jurisdiction; ASCMRC Section 701.5, Definitions for
``drinking, domestic or residential water supply,'' ``land eligible for
remining,'' ``material damage,'' ``non-commercial building,''
``occupied residential dwelling and structures related thereto,''
``previously mined area,'' ``replacement of water supply,'' and
``unanticipated event or condition''; ASCMRC Section 761.12(h),
Procedures; ASCMRC Section 771.25(b), Permit Fees; ASCMRC Section
778.14(c), Compliance Information; ASCMRC Section 778.18, Personal
Injury and Property Insurance Information; ASCMRC Section 779.19(b),
Vegetation Information; ASCMRC Section 779.22, Land Use Information;
ASCMRC Section 779.25(k), Cross-sections, Maps, and Plans; ASCMRC
Section 780.21 and 784.14, Hydrologic Information; ASCMRC Section
780.23 and 784.15, Land Use Information; ASCMRC Section 780.25 and
784.16, Ponds, Impoundments, Banks, Dams and Embankments; ASCMRC
Section 783.22, Land Use Information; ASCMRC Section 784.20, Subsidence
Control; ASCMRC Section 784.25(a), Return of Coal Processing Waste to
Abandoned Underground Workings; ASCMRC Section 785.25, Lands Eligible
for Remining; ASCMRC Section 786.5(b), Definitions for ``applicant/
violator system or AVS,'' ``federal violation notice,'' ``ownership or
control link,'' ``state violation notice,'' and ``violation notice'';
ASCMRC Section 786.11(c)(2), Public Notices of Filing of Permit
Applications; ASCMRC Section 786.17(c), Review of Violations; ASCMRC
Section 786.19(g)-(r), Criteria for Permit Approval or Denial; ASCMRC
Section 786.30, Improvidently Issued Permits: General Procedures;
ASCMRC Section 786.31, Improvidently Issued Permits: Rescission
Procedures; ASCMRC Section 786.32, Verification of Ownership or Control
Application Information; ASCMRC Section 786.33, Review of Ownership or
Control Violation Information; ASCMRC Section 786.34, Procedures for
Challenging Ownership or Control Links Shown in AVS; ASCMRC Section
786.35, Standards for Challenging Ownership or Control Links and the
Status of Violations; ASCMRC Section 788.14(a)(3), Permit Renewals:
Completed Applications; ASCMRC Section 795.12, Program Services; ASCMRC
Section 795.13(a)(2), Eligibility for Assistance; ASCMRC Section
795.16, Data Requirements; ASCMRC Section 795.17, Qualified
Laboratories; ASCMRC Section 795.19, Applicant Liability; ASCMRC Part
800, General Requirements for Bonding of Surface Coal Mining and
Reclamation Operations Under the State Program; ASCMRC Section 816.41,
Hydrologic Balance Protection; ASCMRC Section 816.46, Hydrologic
Balance: Siltation Structures; ASCMRC Section 816.49, Impoundments;
ASCMRC Section 816.81, Coal Mine Waste: General Requirements; ASCMRC
Section 816.82, Coal Processing Waste Banks: Site Inspection; ASCMRC
Section 816.85, Coal Processing Waste Banks: Construction Requirements;
ASCMRC Section 816.86, Coal Processing Waste: Burning; ASCMRC Section
816.88, Coal Processing Waste: Return to Underground Workings; ASCMRC
Section 816.89, Disposal of Noncoal Mine Wastes; ASCMRC Section 816.91-
93, Coal Processing Waste: Dams and Embankments; ASCMRC Section
816.112, Revegetation: Use of Introduced Species; ASCMRC Section
816.116, Revegetation: Standards for Success; ASCMRC Section 816.121-U,
Subsidence Control: General Requirements; ASCMRC Section 816.122-U,
Subsidence Control: Public Notice; ASCMRC Section 816.124-U, Subsidence
Control: Surface Owner Protection; ASCMRC Section 816.126-U, Subsidence
Control: Buffer Zones; ASCMRC Section 827.12, Coal Processing Plants:
Performance Standards; ASCMRC Section 842.11, Inspections; ASCMRC
Section 842.14, Review of Adequacy and Completeness of Inspections;
ASCMRC Section 874.5, Definition for ``left or abandoned in either an
unreclaimed or inadequately reclaimed condition''; and ASCMRC Section
874.12, Eligible Lands and Water.
OSM announced receipt of the proposed amendment in the May 3, 1996,
Federal Register (61 FR 19881) and invited public comment on its
adequacy. The public comment period ended June 3, 1996.
During its review of the amendment, OSM identified concerns
relating to ASCMRC 701.5, Definition for ``unanticipated event or
condition''; ASCMRC 786.34, Procedures for Challenging Ownership or
Control Links Shown in AVS; ASCMRC 816.49, Impoundments; ASCMRC 795.19,
Applicant Liability under the Small Operator Assistance Program;
typographical errors; and a number of incorrect reference citations.
OSM notified Arkansas of the concerns by E-
[[Page 4501]]
mail dated October 22, 1996 (Administrative Record No. AR-557.07).
Arkansas responded in a letter dated December 9, 1996 (Administrative
Record No. AR-557.06), and a facsimile (fax) dated January 7, 1997
(Administrative Record No. AR-557.08), by submitting a revised
agreement.
Specifically, Arkansas proposes the following:
A. Subchapter A--General
1. ASCMRC Section 701.5 Definitions
Arkansas proposes to correct a reference citation for the
definition of ``unanticipated event or condition.''
B. Subchapter G--Surface Coal Mining and Reclamation Operations Permits
and Coal Exploration Procedures Systems
1. ASCMRC Section 786.33 Review of Ownership and Control Violation
Information
Arkansas proposes to correct a reference citation in paragraph (a).
2. ASCMRC Section 786.34 Procedures for Challenging Ownership and
Control Links Shown in AVS
Arkansas proposes to correct reference citations in paragraphs
(a)(1) and (a)(3), and to revise paragraphs (b) through (d) regarding
procedures an applicant or other person must follow in order to
challenge the status of a State violation.
C. Subchapter H--Small Operator Assistance
1. ASCMRC Section 795.19 Applicant Liability
Arkansas proposes to amend paragraph (a) by deleting the term
``laboratory'' thereby making applicants liable for all services
allowed under the Small Operator Assistance Program and not just those
relating to laboratory service.
D. Subchapter K--State Program Performance Standards
1. ASCMRC Section 816.49 Impoundments
Arkansas proposes to amend this section by redesignating existing
paragraphs (a)(1) through (a)(8) as paragraphs (a)(2) through (a)(9),
respectively, and by redesignating existing paragraphs (a)(9) through
(a)(11) as paragraphs (a)(11) through (a)(13), respectively; by adding
new paragraphs (a)(1) and (a)(10); by revising newly redesignated
paragraphs (a)(2), (a)(4), (a)(5), (a)(6)(i), (a)(9), and (a)(12); and
by inserting references to the SCS criteria for dam classification.
E. Subchapter R--Abandoned Mine Land Reclamation
1. ASCMRC Section 874.12 Eligible Lands and Water
Arkansas proposes to delete the incorrect reference citations in
paragraphs (a)(5) and (a)(8) and replace them with appropriate
reference citations.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Arkansas
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
the amendment is deemed adequate, it will become part of the Arkansas
program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 17, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-2331 Filed 1-29-97; 8:45 am]
BILLING CODE 4310-05-M
