[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Proposed Rules]
[Pages 41506-41508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SPATS No. AR-030-FOR]
Arkansas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; Reopening and extension of public comment period
on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Arkansas regulatory program
(hereinafter referred to as the ``Arkansas program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for
Arkansas's proposed rules pertain to ASCMRC 701.5, Definitions; ASCMRC
780.14, Operations Plan: Maps and Plans; ASCMRC 816.46, Hydrologic
Balance: Siltation Structures; ASCMRC 816.56, Hydrologic Balance:
Postmining Rehabilitation of Sedimentation Ponds, Diversions,
Impoundments, and Treatment Facilities; ASCMRC 816.102, Backfilling and
Grading: General Grading Requirements; ASCMRC 823.11, Applicability;
and ASCMRC 823.15, Revegetation and Restoration of Soil Productivity.
Arkansas also proposes to change the old name of the ``U.S. Soil
Conservation Service'' to its new name of ``Natural Resources
Conservation Service'' throughout its regulations. The amendment is
intended to revise the Arkansas program to be consistent with the
corresponding Federal regulations and to enhance enforcement of the
State program.
DATES: Written comments must be received by 4:00 p.m., c.d.t., August
19, 1998.
ADDRESSES: Written comments should be mailed or hand delivered to
Michael C. Wolfrom, Director, Tulsa Field Office at the address listed
below.
Copies of the Arkansas program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Arkansas 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: Michael C. Wolfrom, Director, Tulsa
Field Office, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Arkansas Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Arkansas program. Background information on the Arkansas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the November
21, 1980, Federal Register (45 FR 77003). Arkansas amended its program
by submitting provisions that satisfied all of the conditions of the
Secretary's approval of November 21, 1980. Effective January 22, 1982,
OSM removed the conditions of the approval of the Arkansas permanent
regulatory program. Information on the removal of the conditions can be
found in the January 22, 1982, Federal Register (47 FR 3108).
Subsequent actions concerning the conditions of approval and program
amendments can be found at 30 CFR 904.12, 904.15, and 904.16.
II. Discussion of the Proposed Amendment
By letter dated February 6, 1998 (Administrative Record No. AR-
561), Arkansas submitted a proposed amendment to its program pursuant
to SMCRA. Arkansas submitted the proposed amendment in response to a
June 17, 1997, letter (Administrative Record No. AR-559) that OSM sent
to Arkansas in accordance with 30 CFR 732.17(c), and at its own
initiative. The provisions of Arkansas Surface Coal Mining and
Reclamation Code (ASCMRC) that Arkansas proposes to amend are: ASCMRC
761.5, Definitions; ASCMRC 780.25, Reclamation Plan: Siltation
Structures, Impoundments, Banks, Dams, and Embankments; ASCMRC 780.35,
Disposal of Excess Spoil; ASCMRC 785.17, Prime Farmlands; ASCMRC
816.21, Topsoil: General Requirements; ASCMRC 816.22, Topsoil: Removal;
ASCMRC 816.23, Topsoil: Storage; ASCMRC 816.24, Topsoil:
Redistribution; ASCMRC 816.25, Topsoil: Nutrients and Soil Amendments;
ASCMRC 816.56, Hydrologic Balance: Postmining Rehabilitation of
Sedimentation Ponds, Diversions, Impoundments, and Treatment
Facilities; ASCMRC 816.74, Disposal of Excess Spoil: Pre-existing
Benches; ASCMRC 816.102, Backfilling and grading: General Grading
Requirements; ASCMRC 816.103, Backfilling and grading: Covering Coal
and Acid and toxic forming materials; ASCMRC 816.104-S, Backfilling and
Grading: Thin Overburden; ASCMRC 816.105-S, Backfilling and Grading:
Thick Overburden; ASCMRC 816.106, Backfilling and Grading: Steep
Slopes; ASCMRC Part 826, Special State Program Performance Standards--
Operations on Steep Slopes; ASCMRC 816.107, Backfilling and Grading
Previously Mined Areas; ASCMRC Part 823, Special State Program
Performance Standards--Operations on Prime Farmland; ASCMRC 845.18,
Procedures for Assessment Conference; and ASCMRC 845.19, Request for
Adjudicatory Public Hearing. Arkansas also proposed to make editorial
and reference changes in the following sections of ASCMRC:
780.18(b)(7), Reclamation plan: general requirements; 785.15(b) and
(c), Steep slope mining; 785.16(a), (c)(6), and (d)(1), Permits
incorporating variances from approximate original contour restoration
requirements for steep slope mining;
[[Page 41507]]
815.15(k), Performance standards for coal exploration; 816.11(g), Signs
and markers; 816.43(e) and (f)(5), Hydrologic balance: diversions and
conveyance of overland flow, shallow groundwater flow, (and ephemeral
streams); 816.44(c), Hydrologic balance: stream channel diversions;
816.48(b), Hydrologic balance: acid-forming and toxic-forming spoil;
and 816.107, Backfilling and grading previously mined areas.
OSM announced receipt of the proposed amendment in the February 26,
1998, Federal Register (63 FR 9747) and invited public comment on its
adequacy. The public comment period ended March 30, 1998.
During its review of the amendment, OSM identified concerns
relating to ASCMRC 816.56, Hydrologic Balance: Postmining
Rehabilitation of Sediment Ponds, Diversions, Impoundments, and
Treatment Facilities; ASCMRC 816.102, Backfilling and Grading: General
Grading Requirements; ASCMRC 823.11, Applicability; and ASCMRC
823.14(a), Revegetation and Restoration of Soil Productivity. OSM
notified Arkansas of the concerns by fax dated July 6, 1998
(Administrative Record No. AR-561.06). Arkansas responded in a letter
dated July 15, 1998, (Administrative Record No. AR-561.07) by
submitting a revised amendment.
Arkansas proposes revisions to ASCMRC 701.5, Definitions; ASCMRC
780.14, Operations Plan: Maps and Plans; ASCMRC 816.46, Hydrologic
Balance: Siltation Structures; ASCMRC 816.56, Hydrologic Balance:
Postmining Rehabilitation of Sedimentation Ponds, Diversions,
Impoundments, and Treatment Facilities; ASCMRC 816.102, Backfilling and
Grading: General Grading Requirements; ASCMRC 823.11, Applicability;
and ASCMRC 823.15, Revegetation and Restoration of Soil Productivity.
Arkansas also proposes to change the old name of the ``U.S. Soil
Conservation Service'' to its new name of ``Natural Resources
Conservation Service'' throughout its regulations.
Specifically, Arkansas proposes the following changes to its
regulations.
1. ASCMRC 701.5, Definitions and ASCMRC 816.46, Hydrologic Balance:
Siltation Structures
Akransas proposes to amend sections 701.5 and 816.46 by
transferring to section 701.5, the definition of ``siltation
structure'' that is in section 816.46(a)(1) and by reserving section
816.46(a)(1).
2. ASCMRC 780.14, Operations Plan: Maps and Plans
Arkansas proposes to amend this section by adding a designation for
paragraph (b)(6), pertaining to water diversions, collection,
conveyance, treatment, storage, and discharge facilities, to the list
of paragraphs requiring maps, plans, and cross sections.
3. ASCMRC 816.56, Hydrologic Balance: Postmining Rehabilitation of
Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities
Arkansas proposes to amend this section to read as follows:
Before abandoning the permit area or seeking bond release, the
person who conducts the (surface mining activities) [underground
mining activities] shall ensure that all temporary structures are
removed and reclaimed, and that all permanent sedimentation ponds,
diversions, impoundments, and treatment facilities meet the
requirements of this Chapter for permanent structures, have been
maintained properly, and meet the requirements of the detailed
design plan for permanent structures and impoundments. The operator
shall renovate such structures if necessary to meet the requirements
of this Chapter and to conform to the approved reclamation plan.
4. ASCMRC 816.102, Backfilling and Grading: General Grading
Requirements
Arkansas proposes to revise paragraph (d) to read as follows:
Spoil may be placed on the area outside the mined-out [surface]
area in nonsteep slope areas to restore the approximate original
contour by blending the spoil into the surrounding terrain if the
following requirements are met:
5. ASCMRC 823.11, Applicability
Arkansas proposes to revise the editorial note to read as follows:
[Ed. note: Section 823.11(a) is suspended ``insofar as it excludes
from the requirements of Part 823 those coal preparation plants,
support facilities, and roads that are part of surface mining
activities''.]
6. ASCMRC 823.15, Revegetation and Restoration of Soil Productivity
Arkansas proposes to revise paragraph (b)(6) to read as follows:
The reference crop on which restoration of soil productivity is
proven shall be selected from the crops most commonly produced on
the surrounding prime farmland. Where row crops are the dominant
crops grown on prime farmland in the area, the row crop requiring
the greatest rooting depth shall be chosen as one of the reference
crops.
7. Reference Change
Arkansas proposes to change the old name of the ``U.S. Soil
Conservation Service'' to its new name of ``Natural Resources
Conservation Service'' throughout its regulations.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Arkansas
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
the amendment is deemed adequate, it will become part of the Arkansas
program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR parts 730, 731, and 732 have
been met.
[[Page 41508]]
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Unfunded Mandates
OSM has determined and certifies pursuant to 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: July 28, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-20716 Filed 8-3-98; 8:45 am]
BILLING CODE 4310-05-P
