[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23129-23136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10990]
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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: Final rule; approval of amendment.
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SUMMARY: OSM is approving a 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 1997 (SMCRA). Arkansas proposed
revisions to and additions of rules pertaining to termination of
jurisdiction, permit fees, minimum required permit application
information, remaining, ownership an control, permit approval or
denial, small operator assistance, bond and insurance, water
replacement, subsidence damage repair/compensation, performance
standards, inspections, and abandoned mine land reclamation
requirements.
[[Page 23130]]
Arkansas also proposed to remove duplicated regulation sections for
surface and underground mining permit applications pertaining to
general requirements for the description of hydrology and geology,
groundwater information, surface water information, alternative water
supply information, fish and wildlife resources information, and land
use information. The purpose of the amendment is to update the Arkansas
program as a result of amendments to OSM's regulations and to enhance
the enforcement of the State's program.
EFFECTIVE DATE: April 29, 1997.
FOR FURTHER INFORMATION CONTACT:
Dwight Thomas, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6458, Telephone: (918) 581-6430.
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 regulatory 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). Subsequent actions
concerning the conditions of approval and program amendments can be
found at 30 CFR 904.10, 904.12, 904.15, and 904.16.
On May 2, 1983, the Secretary of the Interior approved the Arkansas
abandoned mine land reclamation plan. General background information on
the Arkansas plan, including the Secretary's findings and the
disposition of comments, can be found in the May 2, 1983, Federal
Register (48 FR 19710). Subsequent actions concerning amendments to the
plan can be found at 30 CFR 904.25 and 904.26.
II. Submission 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, as a result of amendments to Title 30, Chapter VII of the
Code of Federal Regulations (CFR) and to enhance the enforcement of the
State program. Arkansas proposed to revise the following sections of
its regulations: ASCMRC Section 700.10(b), Termination of jurisdiction;
ASCMRC Section 701.5, Definitions for ``drinking, domestic or
residential water supply,'' ``lands 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 779.25(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 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)(1),
(c)(2), and (c)(4), Review of violations; ASCMRC Section 786.19(q)-(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
795.17, 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(e), Hydrologic balance protection; ASCMRC Section
816.46(a), (c)(2) through (c)(4), Hydrologic balance: Siltation
structures; ASCMRC Section 816.49, Impoundments; ASCMRC Section 816.81,
Coal mine waste: General requirements; ASCMRC Section 816.116(c)(2)
through (c)(4), Revegetation: Standards for success; ASCMRC Section
816.121-U(a) through (g), Subsidence control: General requirements;
ASCMRC Section 816.122-U, Subsidence control: Public notice; ASCMRC
Section 827.12(e) and (g), Coal processing plants: Performance
standards; ASCMRC Section 842.11(c) through (f), 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(a)(4) through (a)(8), Eligible lands and water.
Arkansas also proposed to remove the following sections from its
regulations: ASCMRC Section 779.13 and 783.13, Description of hydrology
and geology: General requirements; ASCMRC 779.15 and 783.15,
Groundwater information; ASCMRC 779.16 and 783.16, Surface water
information; ASCMRC 779.17 and 783.17, Alternative water supply
information; ASCMRC 779.20 and 783.20, Fish and wildlife resources
information; ASCMRC Section 779.22 and 783.22, Land use information;
ASCMRC Section 795.16, Data requirements; ASCMRC Part 805, Amount and
duration of performance bond; ASCMRC Part 806, Forms, conditions, and
terms of performance bonds and liability insurance; ASCMRC Part 807,
Procedures, criteria and schedule for release of performance bond;
ASCMRC Part 808, Performance bond forfeiture criteria and procedures;
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 through .93, Coal processing waste: Dams and
embankments; ASCMRC Section 816.112, Revegetation: Use of introduced
species; ASCMRC Section 816.124-U, Subsidence control: Surface owner
protection; and ASCMRC Section
[[Page 23131]]
816.126-U, Subsidence control: Buffer zones.
OSM announced receipt of the proposed amendment in the May 3, 1996,
Federal Register (61 FR 19881), and in the same document opened the
public comment period and provided an opportunity for a public hearing
on the adequacy of the proposed amendment. The public comment period
closed on June 3, 1996.
During its review of the amendment, OSM identified concerns
relating to ASCMRC Section 786.34, Procedures for challenging ownership
or control links shown in AVS; ASCMRC Section 816.49, Impoundments;
typographical errors; and a number of incorrect reference citations.
OSM notified Arkansas of these concerns by electronic mail (E-mail)
dated October 22, 1996 (Administrative Record No. AR-557.07).
By letter dated December 9, 1996 (Administrative Record No. AR-
557.06), and a telephone facsimile (fax) dated January 7, 1997
(Administrative Record No. AR-557.08), Arkansas responded to OSM's
concerns by submitting revisions to its proposed program amendment.
Arkansas proposed additional revisions to ASCMRC 786.34, Procedures for
challenging ownership or control links shown in AVS; ASCMRC 795.19,
Applicant liability; and ASCMRC 816.49, Impoundments, and proposed to
correct typographical errors and a number of incorrect reference
citations.
Based upon the revisions to the proposed program amendment
submitted by Arkansas, OSM reopened the public comment period in the
January 30, 1997, Federal Register (62 FR 4499). The public comment
period closed on February 14, 1997.
In a letter dated February 19, 1997 (Administrative Record No. AR-
557.12), Arkansas withdrew its proposed revisions concerning ownership
and control. Therefore, the following proposed revisions originally
submitted on April 2, 1996, are withdrawn and will not be addressed in
this final rule: ASCMRC 778.14(c), Compliance information; ASCMRC
786.5(b), Definitions for ``applicant/violator system or AVS,''
``federal violation notice,'' ``ownership or control link,'' ``state
violation notice,'' and ``violation notice''; ASCMRC 786.17(c)(1) and
(c)(2), Review of violations; ASCMRC 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; and ASCMRC Section 786.35, Standards for
challenging ownership or control links and the status of violations.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes or revised regulation references and paragraph
notations to reflect organizational changes resulting from this
amendment.
A. Revisions to Arkansas's Regulations That Are Substantively Identical
to the Corresponding Provisions of the Federal Regulations
1. Revisions to Existing Regulations and New Regulations
a. The proposed State regulations listed in the following table
contain language that is the same as or similar to the corresponding
sections of SMCRA and/or the Federal regulations. The amendments
contain additions and/or changes to the existing State regulations.
Differences between the proposed State regulations and SMCRA and/or the
Federal regulations are nonsubstantive, or the proposed State
amendments involve provisions that add specificity and do not adversely
affect other aspects of the program.
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Topic State regulation(s) Federal counterpart regulation(s)
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General
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Termination of jurisdiction...... ASCMRC 700.10(b)...................... 30 CFR 700.11(d)
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State Program
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Definitions: Drinking, domestic ASCMRC 701.5.......................... 30 CFR 701.5
or residential water supply;
Lands eligible for remining;
Material damage; Non-commercial
building; Occupied residential
dwelling and structures related
thereto; Previously mined area;
Replacement of water supply;
Unanticipated event or condition.
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Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan
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Reclamation plan: Hydrologic ASCMRC 780.21(f)(3)(v)................ 30 CFR 784.14(e)(3)(iv)
information.
Reclamation plan: Land use ASCMRC 780.23......................... 30 CFR 780.23
information.
Reclamation plan: Siltation ASCMRC 780.25......................... 30 CFR 780.25
structures, impoundments, banks,
dams and embankments.
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Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan
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Subsidence control plan.......... ASCMRC 784.20......................... 30 CFR 784.20
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Requirements for Permits for Special Categories of Mining
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Lands eligible for remining...... ASCMRC 785.25......................... 30 CFR 785.25
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Review, Public Participation, and Approval or Disapproval of Permit Applications and Permit Terms and
Conditions
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Review of violations............. ASCMRC 786.17(c)(4)................... 30 CFR 773.15(b)(4)
Criteria for permit approval or ASCMRC 786.19 (q) and (r)............. 30 CFR 773.15(c)(12) and (c)(13)
denial.
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[[Page 23132]]
Small Operator Assistance
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Program services and data ASCMRC 795.12......................... 30 CFR 795.9
requirements.
Eligibility for assistance....... ASCMRC 795.13 (a)(2), (a)(2)(i) and 30 CFR 795.6 (a)(2), (a)(2)(i) and
(a)(2)(ii). (a)(2)(ii)
Qualified laboratory, General.... ASCMRC 795.17(a)(1)................... 30 CFR 795.3
Applicant liability.............. ASCMRC 795.19(a)(1)................... 30 CFR 795.12
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Permanent Program Performance Standards
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Drinking, domestic or residential ASCMRC 816.41(e)...................... 30 CFR 816.41(j)
water supply.
Hydrologic balance: Siltation ASCMRC 816.46(a)(3)................... 30 CFR 701.5
structures--Definition for
``other treatment facilities''.
Sedimentation ponds--Spillways... ASCMRC 816.46(c)(2)................... 30 CFR 816.46(c)(2)
Coal mine waste: General ASCMRC 816.81(a) and (c)(2)........... 30 CFR 816.81(a) and (c)(2)
requirements.
Revegetation: Standards for ASCMRC 816.116(c)(2)(i) and (c)(2)(ii) 30 CFR 816.116(c)(2)(i) and
success. (c)(2)(ii)
Subsidence control: Public notice ASCMRC 816.122-U...................... 30 CFR 817.122
Coal processing plants: ASCMRC 827.12(g)...................... 30 CFR 827.12(e)
Performance standards.
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Inspection and Enforcement Procedures
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Inspections...................... ASCMRC 842.11(c)-(f).................. 30 CFR 842.11(c)-(f)
Review of adequacy and ASCMRC 842.14......................... 30 CFR 842.14
completeness of inspections.
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Abandoned Mine Land Reclamation--General Reclamation Requirements
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Definition: Left or abandoned in ASCMRC 874.5.......................... 30 CFR 870.5
either an unreclaimed or
inadequately reclaimed condition.
Eligible lands and water......... ASCMRC 874.12(a)(4)-(a)(8)............ 30 CFR 874.12(d)-(h)
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that
Arkansas's proposed rules are no less effective than the Federal
regulations and is approving them.
The Director is also removing the required program amendment at 30
CFR 904.16(a) concerning the definition of the term ``lands eligible
for remining'' because Arkansas proposed the definition at ASCMRC
Section 701.5 thereby meeting the requirement.
b. ASCMRC Subchapter J, Bond and insurance requirements for surface
coal mining and reclamation operations. Arkansas proposed at subchapter
J, to strike all existing language from Part 800, General requirements
for bonding of surface coal mining and reclamation operations; to
remove Part 805, Amount and duration of performance bond; to remove
Part 806, Forms, conditions, and terms of performance bonds and
liability insurance; to remove Part 807, Procedures, criteria and
schedule for release of performance bond; to remove Part 808,
Performance bond forfeiture criteria and procedures; and to consolidate
the provisions of the removed Parts into amended Part 800. The language
in amended Part 800 is substantively identical to 30 CFR Part 800, Bond
and insurance requirements for surface coal mining and reclamation
operations under regulatory programs, with the exception of ASCMRC
800.40(b)(1) through (b)(3). At ASCMRC 800.40(b)(1) and (b)(2),
Arkansas proposed to recodify previously approved State language
regarding inspections and evaluations or reclamation work by the
Arkansas Reclamation Review Committee that was formerly codified at
now-removed ASCMRC 807.11(d)(1) and (d)(2). Arkansas also proposed to
recodifying at ASCMRC 800.40(b)(3), previously approved State language
that requires the Reclamation Review Committee to consider comments
received from the Committee and other persons when evaluating
reclamation work. This previously approved language was formerly
codified at now-removed ASCMRC 807.11(e)(1)(D).
The Director is approving Arkansas' proposal because it is no less
effective than the Federal regulations at 30 CFR Part 800 and because
it contains previously approved language.
c. ASCMRC 816.46(b)(2), Hydrologic balance: siltation structures,
general requirements. Arkansas proposed to add an editorial note that
this paragraph is suspended. This is consistent with the editorial note
located at the end of 30 CFR 816.46. Therefore, the Director is
approving the addition of the editorial note.
d. ASCMRC 816.49, impoundments. Arkansas proposed to amend this
section by redesignating existing paragraphs (a)(1) through (a)(8) as
paragraphs (a)(2) through (a)(9), respectively; by redesignating
existing paragraphs (a)(9) through (a)(11) as paragraphs (a)(11)
through (a)(13), respectively; and by adding new paragraphs (a)(1) and
(a)(10). In new paragraph (a)(1), Arkansas proposed to add language
that is substantively identical to 30 CFR 816.49(a)(1) that pertains to
impoundments meeting the Class B or C criteria for dams in the U.S.
Department of Agriculture, Soil Conservation Service Technical Release
No. 60 (210-VI-TR60, Oct. 1985). Language proposed in new paragraph
(a)(10) is substantively identical to 30 CFR 816.49(a)(10) and pertains
to the location of any remaining highwall in an impoundment. Arkansas
also proposed to revise newly redesignated paragraphs (a)(2), (a)(4),
(a)(5), (a)(6)(i), (a)(9), and (a)(12), and existing paragraphs (c)(2),
(c)(2)(i), and (c)(2)(ii) by inserting references to the Soil
Conservation Service criteria for dam classifications. In addition,
Arkansas proposed to revise newly redesignated paragraph (a)(9)
pertaining to spillways by replacing the existing language with
language that is substantively identical to 30 CFR 816.49(a)(9).
[[Page 23133]]
The Director is approving these revisions because they are
substantively the same as and are no less effective than the Federal
regulations at 30 CFR 816.49. The Director notes that the word
``highway'' in paragraph (a)(10) should be ``highwall,'' and he is
requiring Arkansas to correct this spelling error before the final rule
is promulgated.
e. ASCMRC 816.121-U, subsidence control: general requirements.
Arkansas proposed to amend this section by deleting the existing
language in ASCMRC 816.121-U; by deleting sections ASCMRC 816.124-U and
ASCMRC 816.126-U; and by combining the provisions of ASCMRC 816.121-U,
ASCMRC 816.124-U, and ASCMRC 816.126-U into revised section ASCMRC
816.121-U.
The Director is approving this revision because the revised section
ASCMRC 816.121-U is substantively the same as and is no less effective
than the Federal regulations at 30 CFR 817.121, Subsidence control.
2. Deletions of Existing Regulations
Arkansas' proposed deletions of the following regulations are
consistent with OSM's repeal of the Federal counterpart regulations
shown in brackets:
a. ASCMRC 779.13 and 783.13, Description of hydrology and geology:
General requirements [30 CFR 779.13 and 783.13, 48 FR 43956, September
26, 1983]; ASCMRC 779.15 and 783.15, Groundwater information [30 CFR
779.15 and 783.15, 48 FR 43956, September 26, 1983]; ASCMRC 779.16 and
783.16, Surface water information [30 CFR 779.16 and 783.16, 48 FR
43956, September 26, 1983]; ASCMRC 779.17 and 783.17, Alternative water
supply information [30 CFR 779.17 and 783.17, 48 FR 43956, September
26, 1983]; ASCMRC 779.20 and 783.20, Fish and wildlife resources
information [30 CFR 779.20 and 783.20, 52 FR 47352, December 11, 1987];
ASCMRC 779.22 and 783.22, Land use information [30 CFR 779.22 and
783.22, 59 FR 27932, May 27, 1994]; ASCMRC 779.25(k), Surface coal
mining application requirements for premining land use information [30
CFR 779.25(a)(11), 59 FR 27932, May 27, 1994]; ASCMRC 816.82, Coal
processing waste banks: Site inspection [30 CFR 816.82, 48 FR 44006,
September 26, 1983]; ASCMRC 816.85, Coal processing waste banks:
Construction requirements [30 CFR 816.85, 48 FR 44006, September 26,
1983]; ASCMRC 816.86, Coal processing waste: Burning [30 CFR 816.86, 48
FR 44006, September 26, 1983]; ASCMRC 816.88, Coal processing waste:
Return to underground workings [30 CFR 816.88, 48 FR 44006, September
26, 1983]; ASCMRC 816.89, Disposal of noncoal mine wastes [30 CFR
816.89, 56 FR 65623, December 17, 1991]; ASCMRC 816.91, Coal processing
waste: Dams and embankments: General requirements [30 CFR 816.91, 48 FR
44006, September 26, 1983]; ASCMRC 816.92, Coal processing waste: Dams
and embankments: Site preparation [30 CFR 816.92, 48 FR 44006,
September 26, 1983]; ASCMRC 816.93, Coal processing waste: Dams and
embankments: Design and construction [30 CFR 816.93, 48 FR 44006,
September 26, 1983]; ASCMRC 816.112, Revegetation: Use of introduced
species [30 CFR 816.112, 48 FR 40141, September 2, 1983]; ASCMRC
816.124-U, Subsidence control: Surface owner protection [30 CFR
817.124, 48 FR 14638, June 1, 1983]; and ASCMRC 816.126-U, Subsidence
control: Buffer zones [30 CFR 817.126, 48 FR 14638, June 1, 1983].
Because the above proposed deletions are consistent with OSM's
repeal of the Federal counterpart regulations, the Director finds that
the proposed deletions will not render the Arkansas regulations less
effective than the Federal regulations.
b. ASCMRC 795.16, data requirements. Arkansas proposed to remove
this section from its regulations and to combine its provisions with
ASCMRC 795.12, Program services and data requirements. The Director is
approving this revision because the provisions that were combined with
ASCMRC 795.12 are substantively identical to 30 CFR 795.9, Program
services and data requirements, and will not render the Arkansas
regulations less effective than the Federal regulations.
B. Revisions to Arkansas's Regulations That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Regulations
1. ASCMRC 771.25 Permit Fees
The currently approved State regulation at ASCMRC 771.25 provides
for the administration and enforcement fee to be equal to $500.00 or
$30.00 per acre, whichever is greater, for all areas which will be
affected during a 12-month period. Arkansas proposed to amend this
section by replacing the current method of determining the annual
administration and enforcement fee with one that charges a flat fee of
$600.00 per year through the life of the permit. Arkansas also proposed
to allow the fee to be paid in two equal installments of $300.00 each
if the applicant chooses.
The Director finds that Arkansas' proposal regarding a fee
structure and the payment methods for the annual administration and
enforcement fee are no less effective than the Federal regulation at 30
CFR 777.17, Permit fees, which allows application fees to be determined
by the regulatory authority and to be paid over the term of the permit.
The Director is approving this proposal.
2. ASCMRC 784.14 Hydrologic Information
Arkansas proposed to rename the heading to this section and add
references to sections 780.21(e), 780.21(f)(3)(iii), and
780.21(f)(3)(v). Also, through an apparent typographical error, the
heading for section 784.15 had been deleted making it appear that
section 784.14 also referenced section 780.23. Moreover, the reference
to ASCMRC 780.23 incorrectly excluded ASCMRC 780.23(a)(2) from
consideration for underground mining operations. Arkansas proposed to
correct this error by removing the reference to section 780.23.
The proposed changes are consistent with Federal regulations at 30
CFR 784.14, Hydrologic information, and will not render the Arkansas
program less effective than the Federal regulations. Therefore, the
Director is approving the changes.
3. ASCMRC 784.15 Reclamation Plan: Postmining Land Uses
As discussed above, the heading for ASCMRC 784.15 had been deleted.
Arkansas proposed to reinsert the correct heading, ``Reclamation Plan:
Postmining Land Uses,'' for ASCMRC 784.15 and to add a reference to
ASCMRC 780.23 under this heading.
The proposed changes are consistent with Federal regulations at 30
CFR 784.15, Reclamation plan:Land use information, and will not render
the Arkansas regulations less effective than the Federal regulations.
Therefore, the Director is approving the proposal.
4. ASCMRC 784.16 Reclamation Plan: Siltation Structures, Impoundments,
Banks, Dams, and Embankments
Arkansas proposed to amend the heading for this section by
replacing the term ``Ponds'' with the term ``Siltation Structures.''
The proposed change is consistent with the Federal regulations at
30 CFR 784.16, Reclamation plan: Siltation structures, impoundments,
banks, dams, and embankments. The Director is approving the revision.
[[Page 23134]]
5. ASCMRC 816.116(c)(2)-(c)(3) Revegetation: Standards for Success
Arkansas proposed to amend ASCMRC 816.116(c)(2) by deleting the
precipitation qualifier of ``more than 26 inches of annual average
precipitation''; by deleting paragraph (c)(3) which is applicable to
lands that receive less than 26 inches of annual average precipitation;
and by redesignating paragraph (c)(4) as (c)(3).
The Director finds that the proposed revisions at paragraph (c)
will not make the Arkansas regulations less effective than the Federal
regulations at 30 CFR 816.116(c) and is approving them because: (1)
Arkansas experiences more than 26 inches of annual average
precipitation throughout the State, so the qualifier in paragraph
(c)(2) is unnecessary; (2) the State does not experience less than 26
inches of annual average precipitation so paragraph (c)(3) is not
applicable for lands in Arkansas; and (3) with the removal of paragraph
(c)(3), the redesignation of existing paragraph (c)(4) as new paragraph
(c)(3) is acceptable.
C. Revisions to Arkansas's Regulations With No Corresponding Federal
Regulations
1. ASCMRC 816.81(c)(3) and (c)(4), Coal Mine Waste: General
Requirements
Arkansas proposed to delete paragraphs (c)(3) and (c)(4) from its
regulations. The Director is approving this deletion because these
paragraphs contain provisions for which there are no counterpart
Federal regulations at 30 CFR 816.81, Coal mine waste: General
requirements, and because the deletion of these paragraphs will not
render the Arkansas regulations less effective than the above Federal
regulations.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Arkansas program. OSM received
two comments which were from the Department of Army, U.S. Army Corps of
Engineers, Engineering Division (Administrative Record Nos. AR-557.05
and AR-557.13). The comments were in response to the original and
reopened Federal Register notices for the proposed rule. This agency
responded in both comments that the changes in the State's program were
satisfactory.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed 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. 7410 et seq.).
None of the revisions that Arkansas proposed to make in this
amendment pertain to air or water quality standards. Therefore, OSM did
not request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. AR-557.01). EPA
did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
AR-557.01). Neither the SHPO nor the ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Arkansas on April 2, 1996, as revised on
December 9, 1996 (Administrative Record No. AR-557.06, January 7, 1997
(Administrative Record No. AR-557.08), and February 19, 1997
(Administrative Record No. AR-557.12).
The Director approves the rules as proposed by Arkansas with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
As discussed in finding number A.1.d., the Director is requiring
Arkansas to correct the aforementioned spelling error before the State
promulgates the final rule.
The Director is also taking this opportunity to revise 30 CFR
904.10 and 904.20.
The Federal regulations at 30 CFR Part 904, codifying decisions
concerning the Arkansas program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
IV. Procedural Determinations
Executive Order 12866
This 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
[[Page 23135]]
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.
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 corresponding 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 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 8, 1997.
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 904.10 is revised to read as follows:
Sec. 904.10 State regulatory program approval.
(a) The Arkansas regulatory program as submitted on February 18,
1980, and as amended on May 29, 1980, and July 2, 1980, and as
clarified on July 29, 1980, August 8, 1980, August 14, 1980, and August
29, 1980, was conditionally approved, effective November 21, 1980.
Beginning on that date, the Arkansas Department of Pollution Control
and Ecology was deemed the regulatory authority in Arkansas for all
surface coal mining and all Coal exploration operations on non-Federal
and non-Indian lands.
(b) The Arkansas regulatory program as amended on September 2,
1980, January 19, 1981, and March 12, 1981, was fully approved,
effective January 22, 1982.
(c) Copies of the approved program are available at:
(1) Office of Surface Mining Reclamation and Enforcement, Tulsa
Field Office, 5100 E. Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-
6547.
(2) Arkansas Department of Pollution Control and Ecology, Surface
Mining and Reclamation Division, 8001 National Drive, Little Rock,
Arkansas 72219-8913.
3. 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
----------------------------------------------------------------------------------------------------------------
* * * * * * * * *
April 2, 1996........................ April 29, 1997......... ASCMRC 700.10(b); 701.5; 771.25(b); 779.13; .15;
.16; .17; .20; .22; .25(k); 780.21(f)(3)(v);
.23; .25(a)(2) through (f); 783.13; .15; .16;
.17; .20; .22; 784.14; .15; .16; .20; 785.25;
786.16(c)(4); .19; 795.12; .13; .16; .17; .19;
Parts 800, 805 through 808; 816.41(e);
.46(a)(3), (b)(2), (c)(2); .49; .81(a), (c)(2),
(3), (4); .82; .85; .86; .88; .89(d); .91; .92;
.93; .112; .116(c)(2), (3), (4); .121-U(a), (c)
through (g); .122-U; .124-U; .126-U; 827.12(g);
842.11(c)(1) through (4); (d), (e), (f);
842.14.
----------------------------------------------------------------------------------------------------------------
Sec. 906.10 [Amended]
4. Section 904.16 is amended by removing and reserving paragraph
(a).
5. Section 904.20 is revised to read as follows:
Sec. 904.20 Approval of Arkansas abandoned mine land reclamation plan.
The Arkansas Reclamation Plan, as submitted on July 7, 1982, is
approved, effective May 2, 1983. Copies of the approved program are
available at:
(a) Office of Surface Mining Reclamation and Enforcement, Tulsa
Field Office, 5100 E. Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-
6547.
(b) Arkansas Department of Pollution Control and Ecology, Surface
Mining and Reclamation Division, 8001 National Drive, Little Rock,
Arkansas 72219-8913.
6. Section 904.25 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 904.25 Approval of Arkansas abandoned mine land reclamation plan
amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
April 2, 1996.................. April 29, 1997........ ASCMRC 874.5; .12(a)(4) through (8).
----------------------------------------------------------------------------------------------------------------
[[Page 23136]]
[FR Doc. 97-10990 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-05-M
