[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65062-65068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31490]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SPATS No. AR-032-FOR]
Arkansas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving an amendment to the Arkansas regulatory
program (Arkansas program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Arkansas proposed to revise the
Arkansas Surface Coal Mining and Reclamation Code (ASCMRC) concerning
revegetation success standards. Arkansas also proposed to add policy
guidelines for determining Phase III revegetation success for pasture
and previously mined areas, cropland, forest products, recreation and
wildlife habitat, and industrial/commercial and residential areas.
Arkansas intends to revise its program to be consistent with the
corresponding Federal regulations.
EFFECTIVE DATE: November 25, 1998.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6548.
Telephone: (918) 581-6430. Internet: mwolfrom@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Arkansas Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Arkansas program. You can find background information on
the Arkansas program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the November
21, 1980, Federal Register (45 FR 77003). You can find information on
later actions concerning the Arkansas program at 30 CFR 904.12, 904.15,
and 904.16.
[[Page 65063]]
II. Submission of the Proposed Amendment
By letter dated August 27, 1998 (Administrative Record No. AR-562),
Arkansas sent us an amendment to its program under SMCRA. Arkansas
proposed to amend its program in response to the November 26, 1985, and
October 14, 1997, letters (Administrative Record Nos. AR-332 and AR-
559.02, respectively) that we sent to Arkansas under 30 CFR 732.17(c).
We announced receipt of the amendment in the September 11, 1998,
Federal Register (63 FR 48661). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the adequacy of the amendment. The public comment period
closed on October 13, 1998. Because no one requested a public hearing
or meeting, we did not hold one.
During our review of the amendment, we identified concerns relating
to Arkansas' proposal to remove the definition of ``grazingland'' and
associated references from its regulations. We discussed our concerns
with Arkansas during a telephone conversation on October 6, 1998
(Administrative Record No. AR-562.06).
By letter dated October 8, 1998 (Administrative Record No. AR-
562.05), Arkansas withdrew its proposal to remove the definition of
``grazingland'' from its regulations at ASCMRC 701.5. Arkansas also
withdrew its proposals to remove references to the land use category of
``grazingland'' from the definition of ``renewal resource lands'' at
ASCMRC 701.5 and ASCMRC 816.116(b)(1). We find that Arkansas'
withdrawal of these proposed revisions is an adequate response to our
concerns. Therefore, we are proceeding with this final rule Federal
Register document.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment.
Any revisions that we do not discuss below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
1. ASCMRC 701.5 Definition of ``Renewable Resource Lands''
Arkansas corrected a typographical error by changing the words
``these charge'' to the words ``the recharge.'' With the correction of
this error, Arkansas' definition is the same as the Federal definition
of ``Renewal resource lands'' at 30 CFR 701.5.
2. ASCMRC 816.116(b)(1) Revegetation Success Standards for Areas
Developed for Use as Pasture Land
Arkansas amended ASCMRC 816.116(b)(1) by replacing the general
phrase ``such other success standards approved by the Department'' with
a reference to its revegetation guidelines. ASCMRC 816.116(b)(1) now
requires ground cover and production of living plants on areas
developed for use as grazing and pasture land to be at least equal to
that of a reference area or to comply with the criteria contained in
Arkansas' ``Phase III Revegetation Success Standards for Pasture and
Previously Mined Areas.''
The counterpart Federal regulations at 30 CFR 816.116(b)(1) and
817.116(b)(1) require ground cover and production of living plants on
revegetated grazing land and pasture land areas to be at least equal to
that of a reference area or such other success standards approved by
the regulatory authority. As discussed later in this document,
Arkansas' revegetation success guidelines for pasture are consistent
with the Federal regulations for revegetation of disturbed areas.
Therefore, the revisions to ASCMRC 816.116(b)(1) are consistent with
and no less effective than the counterpart Federal regulations at 30
CFR 816.116(b)(1) and 817.116(b)(1).
3. ASCMRC 816.116(b)(2) Revegetation Success Standards for Areas
Developed for Use as Cropland
Arkansas revised ASCMRC 816.116(b)(2) by replacing the reference to
``such other success standards approved by the Department'' with a
reference to its revegetation guidelines. ASCMRC 816.116(b)(2) now
requires crop production on areas developed for use as cropland to be
at least equal to that of a reference area or to comply with the
criteria contained in Arkansas' ``Phase III Revegetation Success
Standards for Cropland.''
The Federal regulations at 30 CFR 816.116(b)(2) and 817.116(b)(2)
require crop production on revegetated cropland areas to be at least
equal to that of a reference area or such other success standards
approved by the regulatory authority. As discussed later in this
document, Arkansas' revegetation success guidelines for cropland are no
less effective than the Federal regulations for revegetation of
disturbed areas. Therefore, we find that the revisions to ASCMRC
816.116(b)(2) are consistent with and no less effective than the
counterpart Federal regulations at 30 CFR 816.116(b)(2) and
817.116(b)(2).
4. ASCMRC 816.116(b)(3)(iv) Revegetation Success Standards for Areas
to be Developed for Fish and Wildlife Habitat, Recreation, Shelter
Belts, or Forest Products
Arkansas added a new paragraph (b)(3)(iv) that requires vegetation
success for areas to be developed for fish and wildlife habitat,
recreation, shelter belts, or forest products to comply with the
criteria contained in its ``Phase III Revegetation Success Standards
for Forest Products'' or its ``Phase III Revegetation Success Standards
for Recreation and Wildlife Habitat.''
There is no direct Federal counterpart to this provision at 30 CFR
816.116(b)(3). However, the Federal regulations at 30 CFR 816.116(a)(1)
and 817.116(a)(1) require a regulatory authority to include standards
for success and statistically valid sampling techniques for measuring
success in an approved program. As discussed later in this document,
Arkansas' guidelines for revegetation success standards and sampling
techniques for measuring success of forest products and of recreation
and wildlife habitat are no less effective than the Federal regulations
for revegetation of disturbed areas. Therefore, we are approving the
addition of ASCMRC 816.116(b)(3)(iv), which references these
guidelines.
5. ASCMRC 816.116(b)(4) Revegetation Success Standards for Areas to be
Developed for Industrial, Commercial, or Residential Use
Arkansas revised ASCMRC 816.116(b)(4) by requiring that vegetative
ground cover comply with the criteria contained in its revegetation
guidelines. ASCMRC 816.116(b)(4) now requires vegetative ground cover
for areas to be developed for industrial, commercial, or residential
use less than two years after regrading is completed to not be less
than that required to control erosion and to comply with the criteria
contained in Arkansas' ``Phase III Revegetation Success Standards for
Industrial, Commercial, and Residential Revegetation.''
The counterpart Federal regulations at 30 CFR 816.116(b)(4) and
817.116(b)(4) require vegetative ground cover for areas to be developed
for industrial, commercial, or residential use less than two years
after regrading is completed to not be less than that required to
control erosion. As discussed later in this document, Arkansas'
revegetation success guidelines for industrial, commercial, and
residential areas are no
[[Page 65064]]
less effective than the Federal regulations for revegetation of
disturbed areas. Therefore, we find that the revisions to ASCMRC
816.116(b)(4) are no less effective than the Federal regulations at 30
CFR 816.116(b)(4) and 817.116(b)(4).
6. ASCMRC 816.116(b)(5) Revegetation Success for Areas Previously
Disturbed by Mining
Arkansas added a new provision at ASCMRC 816.116(b)(5) which
requires vegetative ground cover for areas previously disturbed by
mining that were not reclaimed to the requirements of Subchapter K and
that are remined or otherwise redisturbed by surface coal mining
operations to comply with the criteria contained in its Phase III
Revegetation Success Standards for Pasture and Previously Mined Areas.
This provision is in addition to the existing requirement that the
vegetative ground cover must be no less than the ground cover existing
before redisturbance and must be adequate to control erosion.
There are no direct Federal counterparts to this additional
provision at 30 CFR 816.116(b)(5) and 817.116(b)(5), which also concern
areas previously disturbed by mining. However, the Federal regulations
at 30 CFR 816.116(a)(1) and 817.116(a)(1) require a regulatory
authority to include standards for success and statistically valid
sampling techniques for measuring success in an approved program. As
discussed later in this document, Arkansas' guidelines for revegetation
success standards and sampling techniques for measuring success of
previously mined areas are no less effective than the Federal
regulations for revegetation of disturbed areas. Therefore, we are
approving the addition of Arkansas' new provision at ASCMRC
816.116(b)(5).
7. Phase III Revegetation Success Standards for Pasture and Previously
Mined Areas
Arkansas added policy guidelines in a guidance document entitled
``Phase III Revegetation Success Standards for Pasture and Previously
Mined Areas.'' This guidance document describes the criteria and
procedures for determining Phase III ground cover and production
success for areas being restored to pasture under ASCMRC 816.116(b)(1)
and for areas that were previously mined under ASCMRC 816.116(b)(5). It
provides general revegetation requirements and success standards and
measurement frequency for ground cover and forage production. It also
includes sampling procedures and techniques, data submission and
analysis criteria, and mitigation plan requirements.
Arkansas requires revegetation success on pasture and previously
mined land to be determined on the basis of the general revegetation
requirements of the approved permit, ground cover, and production. The
permittee is responsible for measuring the vegetation and for
submitting the data to Arkansas for analysis. Any previously mined land
that was remined or redisturbed and reclaimed to a land use of pasture
must achieve the same success standard for cover as land that was not
previously disturbed by mining. However if the area is not reclaimed to
the requirements of ASCMRC 816.111(b)(4), the vegetative cover must not
be less than the ground cover existing before redisturbance and must be
adequate to control erosion. The permittee must determine the ground
cover standard and incorporate it into the permit prior to disturbance.
Arkansas must determine that the general requirements for revegetation
success are satisfied as stated in ASCMRC 816.111. The permittee must
measure the vegetation in accordance with the procedures outlined in
the guidance document. The guidance document sets out specific success
standards and measurement frequencies for ground cover and production
based on the regulatory requirements. The permittee must determine the
forage production standard with a reference area or a current United
States Department of Agriculture, Natural Resources Conservation
Service (USDA/NRCS) high management target yield. The permittee must
use statistically valid random sampling methods. Ground cover is to be
measured by the line-point transect method. Forage production is to be
measured utilizing sampling frames or whole area harvest. The guidance
document also provides a method for establishing representative test
plots. The permittee is to use a prescribed formula to determine sample
adequacy. If the data indicate that the vegetation is close to but less
than the standard, the permittee must submit the data to Arkansas for
statistical analysis. Arkansas must determine if the differences are
statistically significant within the limits allowed by regulation. The
permittee must provide maps for each Phase III plan. The maps are to
indicate the location of each sampling transect and sample frame point,
the area covered by the sampling, and all permit boundaries. If the
permittee can not demonstrate revegetation success in the fourth year
after completion of the last augmented seeding, the permittee must
submit a mitigation plan to Arkansas. The mitigation plan must include
a statement of the problem, a discussion of methods to correct the
problem, and a new Phase III liability release plan. If the plan
involves augmented activities, the five year responsibility period will
begin again. The appendices that are included with the guidance
document illustrate the selection of random sampling sites; data forms
for line point transects; summary data forms for sampling frames; a T-
table; data forms for forage crop production data harvested as baled
hay; an example use of sample adequacy formula for ground cover
measurements and hay production measurements; statistical analysis on
sampling frame data and whole release area harvesting; yield
adjustments for release areas due to differing soil series; and grasses
of acceptable plant species for permanent ground cover on agricultural
areas.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require a regulatory authority to include standards for success and
statistically valid sampling techniques for measuring success in its
approved program. Arkansas accomplished this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for pasture and previously mined areas.
We find that Arkansas' policy guidelines for pasture land use areas and
previously mined areas are consistent with the requirements of 30 CFR
816.116(a)(1) and 817.116(a)(1) and are no less effective than the
Federal regulations for revegetation of disturbed areas.
8. Phase III Revegetation Success Standards for Cropland
Arkansas added policy guidelines in a guidance document entitled
``Phase III Revegetation Success Standards for Cropland.'' This
guidance document describes the criteria and procedures for determining
Phase III production success standards for areas being restored to
cropland under ASCMRC 816.116 (b)(2). It provides success standards and
measurement frequency for ground cover and crop production. It also
includes sampling procedures and techniques, data submission and
analysis criteria, and mitigation plan requirements.
Arkansas requires that revegetation success on cropland be
determined on the basis of ground cover and crop production. The
permittee is responsible for measuring the vegetation and for
submitting the data to Arkansas for analysis. Measurements of the
[[Page 65065]]
vegetation must be made in accordance with the procedures outlined in
the guidance document. The guidance document sets out specific success
standards and measurement frequencies for ground cover and crop
production based on the regulatory requirements of ASCMRC 816.111. The
permittee is to determine the crop production standard in accordance
with a reference area or a technical standard. Approved technical
standards include the county average or target yield established by the
USDA/NRCS. Target yields must be adjusted annually and be
representative of yields expected when using high management practices
common to the area. The permittee is to use statistically valid random
sampling methods. Ground cover is to be measured by the line-point
transect method. Crop production is to be measured utilizing sampling
frames for forage production or whole area harvest for forage or row
crop production. Arkansas must approve any manual sampling of row
crops. It is only allowed when weather or other factors prevent
mechanical harvest. The guidance document also provides a method for
establishing representative test plots for use with row crop
production. The permittee is to use a prescribed formula to determine
sample adequacy. If the data indicate that the vegetation is close to
but less than the standard, the permittee must submit the data to
Arkansas for statistical analysis. Arkansas must determine if the
differences are statistically significant within the limits allowed by
regulation. The permittee must provide maps for each Phase III plan.
The maps must indicate the location of each sampling transect and
sample frame point, the area covered by the sampling, and all permit
boundaries. If the permittee can not demonstrate revegetation success
in the fifth year after completion of initial seeding, the permittee
must submit a mitigation plan to Arkansas. The permittee must include a
statement of the problem, a discussion of methods to correct the
problem, and a new Phase III liability release plan. If the plan
involves augmented activities, the five year responsibility period will
begin again. The appendices that are included with the guidance
document illustrate the selection of random sampling sites; summary
data forms for sampling frames; data forms for crop production data; a
T-table; an example of sample adequacy determination for hay production
measurements; statistical analysis for sampling frame data; a data form
for forage crop production data harvested as baled hay; statistical
analysis of whole release area harvesting; yield adjustments for
release areas due to differing soil series and for moisture; crop
surveyor's affidavit of qualifications and crop production yields;
grasses of acceptable plant species for permanent ground cover on
agricultural areas; and procedures for manually sampling row crops.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require a regulatory authority to include standards for success and
statistically valid sampling techniques for measuring success in its
approved program. Arkansas accomplished this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for cropland. We find that Arkansas'
policy guidelines for cropland are consistent with the requirements of
30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less effective than
the Federal regulations for revegetation of disturbed areas.
9. Phase III Revegetation Success Standards for Forest Products
Arkansas added policy guidelines in a guidance document entitled
``Phase III Revegetation Success Standards for Forest Products.'' This
guidance document describes the criteria and procedures for determining
Phase III ground cover and tree and shrub stocking success for areas
being restored to forest products under ASCMRC 816.116(b)(3). It
provides general revegetation requirements and success standards and
measurement frequency for ground cover and tree and shrub stocking
rates. It also includes sampling procedures and techniques, data
submission and analysis criteria, and mitigation plan requirements.
Arkansas requires that revegetation success for forest products be
determined on the basis of the general revegetation requirements of the
approved permit, ground cover, and tree and shrub stocking and
survival. The permittee is responsible for measuring the vegetation and
for submitting the data to Arkansas for analysis. The permittee must
measure the vegetation in accordance with the procedures outlined in
the guidance document. Arkansas must determine that the general
requirements for revegetation success are satisfied as stated in ASCMRC
816.111. The guidance document sets out specific success standards and
measurement frequencies for ground cover and tree and shrub stocking
rates based on the regulatory requirements and consultation and
approval of the Arkansas Forestry Commission on a permit specific
basis. The permittee must use statistically valid random sampling
methods. Ground cover is to be measured by the line-point transect
method, and tree and shrub stocking is to be measured with sampling
circles. The permittee must use a prescribed formula to determine
sample adequacy. If the data indicate that the vegetation is close to
but less than the standard, the permittee must submit the data to
Arkansas for statistical analysis. Arkansas must determine if the
differences are statistically significant within the limits allowed by
regulation. The permittee must provide maps for each Phase III plan.
The maps must indicate the location of each sampling transect and
sample frame point, the area covered by the sampling, and all permit
boundaries. If the permittee can not demonstrate revegetation success
in the fifth year after completion of initial seeding, the permittee
must submit a mitigation plan to Arkansas. The permittee must include a
statement of the problem, a discussion of methods to correct the
problem, and a new Phase III liability release plan. If the plan
involves augmented activities, the five year responsibility period will
begin again. The appendices that are included with the guidance
document illustrate the selection of random sampling sites; data forms
for line-point transect; data forms for sample circles; a T-table;
examples of sample adequacy determinations for ground cover and tree
and shrub stocking; statistical analysis for ground cover and tree and
shrub stocking; and accepted plant species.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require a regulatory authority to include standards for success and
statistically valid sampling techniques for measuring success in its
approved program. Arkansas accomplished this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for forest products. We find that
Arkansas' policy guidelines for forest products are consistent with the
requirements of 30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less
effective than the Federal regulations for revegetation of disturbed
areas.
10. Phase III Revegetation Success Standards for Recreation and
Wildlife Habitat
Arkansas added policy guidelines in a guidance document entitled
``Phase III Revegetation Success Standards for Recreation and Wildlife
Habitat.'' This guidance document describes the criteria and procedures
for determining
[[Page 65066]]
Phase III success for areas being restored to recreation and wildlife
habitat under ASCMRC 816.116(b)(3). It provides success standards and
measurement frequency for ground cover and tree and shrub stocking. It
also includes sampling procedures and techniques, data analysis
criteria, and mitigation plan requirements.
Arkansas requires that revegetation success on recreation areas and
wildlife habitat be determined on the basis of the general revegetation
requirements of the approved permit, ground cover, and tree and shrub
stocking and survival. The permittee is responsible for measuring the
vegetation and for submitting the data to Arkansas for analysis.
Measurements of the vegetation must be made in accordance with the
procedures outlined in the guidance document. Arkansas must determine
that the general requirements for revegetation success are satisfied as
stated in ASCMRC 816.111. The guidance document sets out specific
success standards and measurement frequencies for ground cover and tree
and shrub stocking rates based on the regulatory requirements and
consultation and approval of the Arkansas Game and Fish Commission on a
permit specific basis. The permittee must use statistically valid
random sampling methods. Ground cover is to be measured by the line-
point transect method, and tree and shrub stocking is to be measured
with sampling circles. Sample adequacy is to be determined using a
prescribed formula. If the data indicate that the vegetation is close
to but less than the standard, the permittee must submit the data to
Arkansas for statistical analysis. Arkansas must determine if the
differences are statistically significant within the limits allowed by
regulation. The permittee must provide maps for each Phase III plan.
The maps must indicate the location of each sampling transect and
sample frame point, the area covered by the sampling, and all permit
boundaries. If the permittee can not demonstrate revegetation success
in the fifth year after completion of initial seeding, the permittee
must submit a mitigation plan to Arkansas. The mitigation plan must
include a statement of the problem, a discussion of methods to correct
the problem, and a new Phase III liability release plan. If the plan
involves augmented activities then the five year responsibility period
will begin again. The appendices that are included with the guidance
document illustrate the selection of random sampling sites; data forms
for line-point transects; data forms for sample circles; a T-table;
examples of sample adequacy determinations for ground cover and for
tree and shrub stocking; statistical analysis for ground cover and tree
and shrub stocking; and accepted plant species.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require a regulatory authority to include standards for success and
statistically valid sampling techniques for measuring success in its
approved program. Arkansas accomplished this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for recreation areas and wildlife
habitat. We find that Arkansas' policy guidelines for recreation areas
and wildlife habitat are consistent with the requirements of 30 CFR
816.116(a)(1) and 817.116(a)(1) and are no less effective than the
Federal regulations for revegetation of disturbed areas.
11. Phase III Success Standards for Industrial/Commercial and
Residential Revegetation
Arkansas added policy guidelines in a guidance document entitled
``Phase III Success Standards for Industrial/Commercial and Residential
Revegetation.'' This guidance document describes the criteria and
procedures for determining Phase III ground cover success for areas
being restored to an industrial/commercial or residential land use
under ASCMRC 816.116(b)(4). It provides general revegetation
requirements and success standards and measurement frequency for ground
cover. It also includes sampling procedures and techniques, data
submission and analysis criteria, and mitigation plan requirements.
Arkansas requires that revegetation success on industrial/
commercial and residential land use areas be determined on the basis of
the general revegetation requirements of the approved permit and ground
cover density. The permittee is responsible for measuring the
vegetation and for submitting the data to Arkansas for analysis. The
permittee must measure the vegetation in accordance with the procedures
outlined in the guidance document. Arkansas must determine that the
general requirements for revegetation success are satisfied as stated
in ASCMRC 816.111. The guidance document sets out specific success
standards and measurement frequencies for ground cover based on the
regulatory requirements. The permittee must use statistically valid
random sampling methods. Ground cover is to be measured by the line-
point transect method. Sample adequacy is to be determined using a
prescribed formula. If the data indicate that the vegetation is close
to but less than the standard, the permittee must submit the data to
Arkansas for statistical analysis. Arkansas must determine if the
differences are statistically significant within the limits allowed by
regulation. The permittee must provide maps for each Phase III plan.
The maps must indicate the location of each sampling transect and
sample frame point, the area covered by the sampling, and all permit
boundaries. If the permittee can not demonstrate revegetation success,
a mitigation plan must be submitted to Arkansas. The permittee must
include a statement of the problem, a discussion of methods to correct
the problem, and a new Phase III liability release plan. If the plan
involves augmented activities, the five year responsibility period will
begin again. The appendices that are included with the guidance
document illustrate the selection of random sampling sites; data forms
for line-point transects; a T-table; an example of sample adequacy
determination for ground cover; statistical analysis for ground cover;
and accepted plant species.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require a regulatory authority to include standards for success and
statistically valid sampling techniques for measuring success in its
approved program. Arkansas accomplished this by adoption of a detailed
guidance document illustrating the methods to be used by the permittee
to measure revegetation success for industrial/commercial and
residential land uses. We find that Arkansas' policy guidelines for
industrial/commercial and residential land uses are consistent with the
requirements of 30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less
effective than the Federal regulations for revegetation of disturbed
areas.
12. Prime Farmland and Grazing Land Revegetation Success Guidelines
Prime farmland and grazing land are also potential pre- and post-
mining land uses in the State. In its letters dated August 27, 1998,
and October 8, 1998, Arkansas indicated that prime farmland and grazing
land guidelines will be submitted at a later date.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but we did not
receive any.
[[Page 65067]]
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Arkansas program (Administrative Record No AR-562.01).
By letter dated September 28, 1998 (Administrative Record No. AR-
562.07), the U.S. Army Corps of Engineers responded that its review
found the amendment satisfactory.
Environmental Protection Agency (EPA)
The Federal regulation at 30 CFR 732.17(h)(11)(ii) requires us to
get written consent from the EPA for those provisions of a program
amendment that relate to air or water quality standards promulgated
under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or
the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that
Arkansas proposed to make in this amendment pertain to air or water
quality standards. Therefore, we did not request the EPA's consent.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. AR-562.03). The EPA
did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on proposed amendments which may have an effect on
historic properties. We requested the SHPO and ACHP to comment on
Arkansas' amendment (Administrative Record No. AR-562.02), but neither
responded to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as submitted
by Arkansas on August 27, 1998, and as revised on October 8, 1998.
We approve the revegetation guidelines that Arkansas proposed with
the provision that they be fully placed in force in identical form to
the guidelines submitted to and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 904, which codifies decisions concerning the Arkansas
program. This final rule is effective immediately to expedite the State
program amendment process and to encourage Arkansas to bring its
program into conformity with the Federal standards. SMCRA requires
consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior conducted the reviews required by
section 3 of Executive Order 12988 (Civil Justice Reform) and
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 published 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 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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 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
corresponding 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. Therefore, this rule will ensure that existing requirements
previously published 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 corresponding Federal regulations.
Unfunded Mandates
OSM determined and certifies under the Unfunded Mandates Reform Act
(2 U.S.C. 1502 et seq.) that this rule will not impose a cost of $100
million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 904 is amended
as set forth below:
PART 904--ARKANSAS
1. The authority citation for Part 904 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 904.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 904.15 Approval of Arkansas regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Date of final
Original amendment submission date publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
August 27, 1998...................... November 25, 1998...... ASCMRC 701.5; 816.116(b)(1), (2), (3)(iv), (4),
(5); Policy Guidelines for Phase III
Revegetation Success Standards for Pasture and
Previously Mined Areas, Cropland, Forest
Products, Recreation and Wildlife Habitat,
Industrial/Commercial and Residential
Revegetation.
----------------------------------------------------------------------------------------------------------------
[[Page 65068]]
[FR Doc. 98-31490 Filed 11-24-98; 8:45 am]
BILLING CODE 4310-05-P
