[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19881-19885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11022]
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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
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Arkansas regulatory program (hereinafter the ``Arkansas program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment was submitted at the State's own initiative and
consists of revisions to and additions of regulations pertaining to
remining, water replacement, subsidence damage repair/compensation, and
enforcement. Arkansas also proposes 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, and fish and wildlife resources
information. 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.d.t., June 3,
1996. If requested, a public hearing on the proposed amendment will be
held on May 28, 1996. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t. on May 20, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. Jack R. Carson, Acting Director,
Tulsa Field Office, at the address listed below.
Copies of the Arkansas program, the proposed amendment, a listing
of any scheduled public hearings, 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.
Jack R. Carson, 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: Mr. Jack Carson, Acting Director,
Tulsa Field Office, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
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. Description 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:
A. Subchapter A--General
1. ASCMRC Section 700.10(b) Termination of Jurisdiction
Arkansas proposed to add this paragraph to include provisions for
termination of jurisdiction.
2. ASCMRC Section 705.5 Definitions
Arkansas proposes to amend this section by adding, alphabetically,
definitions of ``drinking, domestic or residential water supply,''
``land eligible for remining,'' ``material damage,''
[[Page 19882]]
``non-commercial building,'' ``occupied residential dwelling and
structures related thereto,'' ``previously mined areas,'' ``replacement
of water supply,'' and ``unanticipated event or condition.''
B. Subchapter G--Surface Coal Mining and Reclamation Operations Permits
and Coal Exploration Procedures Systems
1. ASCMRC Section 771.12(h) Procedures
Arkansas proposes to amend this section by replacing the incorrect
reference to Sections 787.11(b) and 787.12(b)(1) with a reference to
Sections 787.11 and 787.12.
2. ASCMRC Section 771.25(b) Permit Fees
Arkansas proposes to amend this section by replacing the
calculation of the annual administration and enforcement fee on a per
affected acre basis with a flat fee of $600.00 per year through the
life of the permit.
3. ASCMRC Section 778.14(c) Compliance Information
Arkansas proposes to amend this section by replacing all existing
language except for the last sentence of the paragraph.
4. ASCMRC Section 778.18 Personal Injury and Property Insurance
Information
Arkansas proposes to amend this section by removing the reference
to Part 806 and adding a reference to Section 800.60.
5. ASCMRC Section 779.19(b) Vegetation Information
Arkansas proposes to amend this section by replacing the reference
to Part 779.20 with a reference to Section 780.16.
6. ASCMRC Section 779.22 Land Use Information
Arkansas proposes to remove this section and to incorporate its
provisions into Section 780.23.
7. ASCMRC Section 779.25(k) Cross-sections, Maps, and Plans
Arkansas proposes to remove and reserve this section.
8. ASCMRC Sections 780.21 and 784.14 Hydrologic Information
Arkansas proposes to amend Section 780.21 by inserting a new
subparagraph (f)(3)(v). Also, through an inadvertent oversight, Section
784.14 was not updated when Section 780.21 was amended in 1988.
Therefore, Arkansas proposes to amend Section 784.14 by renaming the
heading, by deleting the inappropriate reference to Section
780.21(b)(3) and referencing instead Sections 780.21(e) and
780.21(f)(3)(iii) as inapplicable to underground operations, and
inserting a reference to new paragraph Section 780.21(f)(3)(v).
Additionally, through an apparent typographical error, the heading for
Section 784.15 had been deleted making it appear that section 784.14
also references Section 780.23. Moreover, this reference incorrectly
excluded Section 780.23(a)(2) from consideration for underground mining
operations. Therefore, Section 784.14 is further amended by deleting
the reference to Section 780.23 and placing the corrected reference
under relisted Section 784.15.
9. ASCMRC Sections 780.23 and 784.15 Land Use Information
Arkansas proposes to amend Section 780.23 by replacing it in its
entirety. Additionally, through an apparent typographical error, the
heading for Section 784.15 had been deleted making it appear that
Section 784.14 also references Section 780.23. Moreover, this reference
incorrectly excluded Section 780.23(a)(2) from consideration for
underground mining operations. Therefore, Arkansas proposes to relist
the heading for Section 784.15, and to place the reference to Section
780.23 under this section.
10. ASCMRC Sections 780.25 and 784.16 Ponds, Impoundments, Banks, Dams
and Embankments
Arkansas proposes to amend Sections 780.25 and 7847.16 by replacing
the term ``Pond'' in the heading with ``Siltation Structures.'' Also,
Section 780.25 is proposed to be amended by replacing the terms ``pond
and sedimentation ponds'' with ``siltation structures'' in paragraphs
(a) and (b), by adding the phrase ``and a detailed design plan'' to
paragraph (a), by replacing the impoundment classification criteria in
paragraphs (a)(2), (a)(3), and (f), by replacing the references to now-
removed Sections 816.91 through 816.93 in paragraphs (a)(3) (i) and (e)
with a reference to Sections 816.81 through 816.84, by replacing the
existing language in paragraph (c), and by revising the referenced
sections in paragraph (d) from 816.85 to 816.84.
11. ASCMRC Section 783.22 Land Use Information
Arkansas proposes to remove this section and consolidate its
provisions into amended Section 783.23.
12. ASCMRC Section 784.20 Subsidence Control
Arkansas proposes to amend this section by removing all existing
language and adding new provisions for presubsidence surveys and
subsidence control plans.
13. ASCMRC Section 784.25(a) Return of Coal Processing Waste to
Abandoned Underground Workings
Arkansas proposes to amend this subsection by revising the
reference to Section 816.88 with a reference to Section 816.81(f).
14. ASCMRC Section 785.25 Lands Eligible for Remining
Arkansas proposes to add new Section 785.25 pertaining to
permitting requirements for lands eligible for remining.
15. ASCMRC Section 786.5(b) Definitions
Arkansas proposes to amend this subsection by revising the
introductory text; by rearranging, alphabetically, the existing
definitions; and by inserting alphabetically, definitions for
``Applicant/Violator System or AVS,'' ``Federal violation notice,''
``Ownership or control link,'' ``State violation notice,'' and
``violation notice.''
16. ASCMRC Section 786.11(c)(2) Public Notices of Filing of Permit
Applications
Arkansas proposes to amend this subsection by replacing the
reference to Section 783.20 with a reference to Section 780.16.
17. ASCMRC Section 786.17(c) Reveiw of Violations
Arkansas proposes to amend Section 786.17 by revising paragraph
(c)(1), by adding an additional qualifying phrase to paragraph (c)(2)
regarding permits which will be conditionally issued, and by adding new
paragraph (c)(4) regarding an exception to the prohibitions of
paragraph (b).
18. ASCMRC Section 786.19(g)-(r) Criteria for Permit Approval or
Denial
Arkansas proposes to amend this section by adding new paragraphs
(q) and (r) pertaining to lands eligible for remining.
19. ASCMRC Section 786.30 Improvidently Issued Permits: General
Procedures
Arkansas proposes to amend this section by revising paragraphs (b)
and (c), by renumbering the existing subparagraphs under (b) and (c),
and by adding new paragraphs (b)(2) and (c)(2)
[[Page 19883]]
pertaining to when an ownership and control link may be challenged
under Section 786.35.
20. ASCMRC Section 786.31 Improvidently Issued Permits: Rescission
Procedures
Arkansas proposes to amend this section by replacing the reference
to Section 786.30(c)(4) with 786.30(c)(1)(iv), by adding a qualifying
phrase regarding the provisions of proposed Section 786.35 to paragraph
(a), and by deleting the right to appeal provisions of paragraph (c)
which are now incorporated in Section 786.30.
21. ASCMRC Section 786.32 Verification of Ownership or Control
Application Information
Arkansas proposes to add new Section 786.32 pertaining to
verification of ownership or control application information through
manual data sources and automated data sources.
22. ASCMRC Section 786.33 Review of Ownership or Control Violation
Information
Arkansas proposes to add new Section 786.33 pertaining to the
review of violation notices and ownership or control links to determine
whether the application can be approved.
23. ASCMRC Section 786.34 Procedures for Challenging Ownership or
Control Links Shown in AVS
Arkansas proposes to add new Section 786.34 pertaining to
procedures for challenging ownership or control links shown in the AVS.
24. ASCMRC Section 786.35 Standards for Challenging Ownership or
Control Links and the Status of Violations
Arkansas proposes to add new Section 786.35 pertaining to the
standards for challenging ownership or control links shown in the AVS.
25. ASCMRC Section 788.14(a)(3) Permit Renewals: Completed
Applications
Arkansas proposes to amend this subsection by replacing the
reference to Section 806.14 with a reference to Section 800.60.
C. Subchapter H--Small Operator Assistance
1. ASCMRC Section 795.12 Program Services and Data Requirements
Arkansas proposes to revise the provisions in this section
pertaining to its small operator assistance program (SOAP) and to
revise the section title from ``Program Services'' to ``Program
Services and Data Requirements.'' This amended section includes the
provisions of former Section 795.16 Data Requirements.
2. ASCMRC Section 795.13(a)(2) Eligibility for Assistance
Arkansas proposes to amend paragraph (a)(2) by changing the
liability period and increasing the production level to 300,000 tons
with respect to operator eligibility.
3. ASCMRC Section 795.16 Data Requirements
Arkansas proposes to remove this section and combine it with
amended Section 795.12 Program Services and Data Requirements.
4. ASCMRC Section 795.17 Qualified Laboratories
Arkansas proposes to amend this section by revising the definition
of ``qualified laboratory'' in paragraph (a)(1) and by replacing the
references of Sections 795.16 (b)(1) and (b)(2) in paragraph (b)(2)
with Sections 795.12 (b)(1) and (b)(2).
5. ASCMRC Section 795.19 Applicant Liability
Arkansas proposes to amend this section by raising the production
level to 300,000 tons and reducing the liability period, and by making
other minor changes.
D. Subchapter J--Bond Insurance Requirements for Surface Coal Mining
and Reclamation Operations
1. Part 800--General Requirements for Bonding of Surface Coal Mining
and Reclamation Operations Under the State Program
Arkansas proposes to amend Subchapter J by deleting all existing
language from Part 800, and by removing Parts 805, 806, 807, and 808,
and consolidating the provisions of these removed Parts into amended
Part 800. Arkansas also proposes to change the title of Part 800 from
``General Requirements for Bonding of Surface Coal Mining and
Reclamation Operations Under the State Program'' to ``Bond and
Insurance Requirements for Surface Coal Mining and Reclamation
Operations Under the State Program.''
E. Subchapter K--State Program Performance Standards
1. ASCMRC Section 816.41 Hydrologic Balance Protection
Arkansas proposes to amend this section by adding new paragraph (e)
pertaining to permittees replacing a drinking, domestic or residential
water supply that is adversely impacted by underground mining
activities.
2. ASCMRC Section 816.46 Hydrologic Balance: Siltation Structures
Arkansas proposes to amend this section by expanding the definition
of ``other treatment facility'' in paragraph (a)(3), by suspending
paragraph (b)(2), and by revising paragraph (c)(2) regarding spillways.
3. ASCMRC Section 816.49 Impoundments
Arkansas proposes to amend this section by redesigning paragraphs
(a)(1) through (a)(8) as paragraphs (a)(2) through (a)(9),
respectively, and paragraphs (a)(9) through (a)(11) as paragraphs
(a)(11) through (a)(13), respectively; by replacing the language of
paragraph (a)(1) with language pertaining to impoundments meeting the
Class B or C criteria for dams in the U.S. Department of Agriculture,
Soil Conservation Service (SCS) Technical Release No. 60; by adding new
paragraph (a)(10) pertaining to high walls; by revising newly
redesignated paragraphs (a)(4), (a)(5), (a)(6)(i), and (a)(11), and
existing paragraphs (c)(2) (i) and (ii) by inserting references to the
SCS criteria for dam classification; and by replacing the existing
language of a newly redesignated paragraph (a)(9) with language
pertaining to spillways.
4. ASCMRC Section 816.81 Coal Mine Waste: General Requirements
Arkansas proposes to amend this section by replacing the
introductory text in paragraph (a); by replacing existing language in
paragraph (c)(2) with language pertaining to design criteria for a
disposal facility; and by deleting paragraphs (c)(3) and (c)(4).
5. ASCMRC Section 816.82 Coal Processing Waste Banks: Site Inspection
Arkansas proposes to remove this section pertaining to inspections
of coal processing waste banks.
6. ASCMRC Section 816.85 Coal Processing Waste Banks: Construction
Requirements
Arkansas proposes to remove this section pertaining to the
construction of coal processing waste banks.
7. ASCMRC Section 816.86 Coal Processing Waste: Burning
Arkansas proposes to remove this section pertaining to
extinguishing coal processing waste fires.
[[Page 19884]]
8. ASCMRC Section 816.88 Coal Processing Waste: Return to Underground
Workings
Arkansas proposes to remove this section pertaining to the return
of coal processing waste to underground mine workings.
9. ASCMRC Section 816.89 Disposal of Noncoal Mine Wastes
Arkansas proposes to amend this section by removing paragraph (d)
pertaining to the handling of hazardous noncoal mine waste.
10. ASCMRC Section 816.91--816.93 Coal Processing Waste: Dams and
Embankments
Arkansas proposes to remove Sections 816.91, 816.92, and 816.93 and
incorporate their provisions into Section 816.84. Sections 816.91,
816.92, and 816.93 pertain to obtaining State approval, site
preparation, and design and construction standards, respectively,
before using coal processing waste to construct dams and embankments.
11. ASCMRC Section 816.112 Revegetation, Use of Introduced Species
Arkansas proposes to remove this section pertaining to substituting
introduced species for native species.
12. ASCMRC Section 816.116 Revegetation: Standards for Success
Arkansas proposes to amend this section by revising paragraph
(c)(2) by deleting the precipitation qualifier and by adding new
subparagraphs (c)(2)(i) and (c)(2)(ii) pertaining to success standards
for lands eligible for remining, by deleting paragraph (c)(3)
pertaining to an average annual precipitation criterion, and by
redesignating paragraph (c)(4) as (c)(3).
13. ASCMRC Section 816.121-U Subsidence Control: General Requirements
Arkansas proposes to amend this section by combining the provisions
of Sections 816.121-U General requirements, 816.124-U Surface owner
protection, and 816.126-U Buffer zones into revised Section 816.121-U
General requirements.
14. ASCMRC Section 816.121-U Subsidence Control: Public Notice
Arkansas proposes to remove the first sentence of the introductory
paragraph and paragraphs (b) and (c) and insert language pertaining to
notifying landowners of proposed underground mining operations.
15. ASCMRC Section 816.124-U and 816.126-U Subsidence Control: Surface
Owner Protection and Buffer Zones, Respectively
Arkansas proposes to remove these two sections and incorporate
their provisions under revised Section 816.121-U General requirements.
16. ASCMRC Section 827.12 Coal Processing Plants: Performance
Standards
Arkansas proposes to replace the references to Sections 816.91
through 816.93 in paragraph (e) with Section 816.84. Arkansas also
proposes to amend paragraph (g) by replacing the terms ``solid waste''
and ``any excavated materials'' with ``noncoal mine waste'' and
``excess spoil,'' and by rearranging and revising the referenced
sections.
F. Subchapter L--State Program Inspection and Enforcement Procedures
1. ASCMRC Section 842.11 Inspections
Arkansas proposes to replace all existing language in paragraphs
(c)(1) through (c)(4), and to add new paragraphs (d) through (f).
2. ASCMRC Section 842.14 Review of Adequacy and Completeness of
Inspections
Arkansas proposes to amend this section by replacing references to
specific sections with more generalized language.
G. Subchapter R--Abandoned Mine Land Reclamation
1. ASCMRC Section 874.5 Definitions
Arkansas proposes to amend this section by revising the definition
of ``left or abandoned in either an unreclaimed or inadequately
reclaimed condition.''
2. ASCMRC Section 874.12 Eligible Lands and Water
Arkansas proposes to amend this section by adding new paragraphs
(a)(4) through (a)(8) pertaining to coal lands and water eligible for
reclamation activities.
H. The proposed amendment also consists of removals of duplicative
regulation sections for surface and underground mining permit
applications pertaining to ASCMRC Sections 779.13 and 783.13
Description of hydrology and geology: General requirements, ASCMRC
Sections 779.15 and 783.15 Groundwater information, ASCMRC Sections
779.16 and 783.16 Surface water information, ASCMRC Sections 779.17 and
783.17 Alternative water supply information, and ASCMRC Sections 779.20
and 783.20 Fish and wildlife resources information.
III. Public Comment Procedures
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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t. on May 20, 1996. The location and time of the hearing will be
arranged with those persons requesting the hearing. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT. If no one requests an opportunity to speak at the
public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER
[[Page 19885]]
INFORMATION CONTACT. All such meetings will be open to the public and,
if possible, notices of meetings will be posted at the locations listed
under ADDRESSES. A written summary of each meeting will be made a part
of the Administrative Record.
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 26, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-11022 Filed 5-2-96; 8:45 am]
BILLING CODE 4310-05-M
