[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Rules and Regulations]
[Pages 49427-49430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24780]
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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: Final rule; approval of amendment.
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SUMMARY: OSM is approving an amendment to the Arkansas regulatory
program (hereinafter referred to as the ``Arkansas program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Arkansas
proposed revisions to, and additions of, regulations pertaining to
definitions; reclamation plans; disposal of excess spoil; steep slope
mining; permits incorporating variances from approximate original
contour restoration requirements for steep slope mining; prime
farmlands; performance standards for coal exploration and prime
farmland; signs and markers; topsoil and subsoil; hydrologic balance;
backfilling and grading; procedures for assessment conference; and
request for adjudicatory public hearing. Arkansas intends to revise its
program to be consistent with the corresponding Federal regulations and
to enhance enforcement of its program.
EFFECTIVE DATE: September 16, 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; e-mail address: 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 Arkansas' program. You can find background information on
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). 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.
II. Submission of the Proposed Amendment
In a letter dated February 6, 1998 (Administrative Record No. AR-
561), Arkansas sent us a proposed amendment to its program in
accordance with SMCRA. The proposed amendment responded to our June 17,
1997, letter (Administrative Record No. AR-559) that we sent to
Arkansas in accordance with 30 CFR 732.17(c). The amendment also
included changes made at Arkansas' own initiative.
We announced receipt of the proposed amendment in the February 26,
1998, Federal Register (63 FR 9747). 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 proposed amendment. The
public comment period closed on March 30, 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' regulations at the Arkansas Surface Coal Mining and
Reclamation Code (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 minor
typographical errors. We notified Arkansas of these concerns in a fax
dated July 6, 1998 (Administrative Record No. AR-561.06).
In a letter dated July 15, 1998 (Administrative Record No. AR-
561.07), Arkansas responded to our concerns by sending us additional
explanatory information and revisions to its proposed program
amendment. Arkansas proposed additional revisions to ASCMRC 701.5,
Definitions; ASCMRC 780.14, Operation Plan: Maps and Plans; ASCMRC
816.46, Hydrologic Balance: Siltation Structures; 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 823.15, Revegetation and Restoration of Soil
Productivity. Throughout its regulations, Arkansas also changed the
name of the old U.S. Soil Conversation Services to its new name of
Natural Resources Conservation Service.
Based upon the additional explanatory information and/or revisions
to the proposed program amendment submitted by Arkansas, we reopened
the public comment period in the August 4, 1998, Federal Register (63
FR 41506). The public comment period closed on August 19, 1998.
III. Director's Findings
Following, and in accordance with SMCRA and the Federal regulations
at 30 CFR 732.15 and 732.17, are our findings concerning the proposed
amendment.
Any revisions that we do not specifically discuss below concern
nonsubstantive wording changes, or revised cross-references and
paragraph notations to reflect organizational changes that result from
this amendment.
A. Regulations That Arkansas Removed From the Arkansas Surface Coal
Mining and Reclamation Code
1. ASCMRC 701.5, Definitions and ASCMRC 816.46, Hydrologic Balance:
Siltation Structures
Arkansas' current definition of ``siltation structure'' at ASCMRC
816.46(a)(1) only applies to section 816.46. The definition of
``siltation
[[Page 49428]]
structure'' must also apply to siltation structures at ASCMRC 780.25,
Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams and
Embankments. Therefore, Arkansas proposed to remove the definition of
``siltation structure'' from section 816.46(a)(1) and reserve paragraph
(a)(1), and add the definition of ``siltation structure'' to the
general definition section of its regulations at ASCMRC 701.5,
Definitions. We are approving the removal of this definition from
section 816.46(a)(1) and its addition to section 701.5 because we
removed the definition of ``siltation structure'' from our own
regulation at 30 CFR 816/817.46(a)(1) and added it to 30 CFR 701.5. We
made the changes in recognition of the broader applicability of
``siltation structure'' under the revised impoundment regulations. (See
59 FR 53022, October 20, 1994.)
2. ASCMRC 816.21, Topsoil: General Requirements; ASCMRC 816.23,
Topsoil: Storage; ASCMRC 816.24, Topsoil: Redistribution; ASCMRC
816.25, Topsoil: Nutrients and Soil Amendments
Arkansas proposed to remove ASCMRC 816.21, 816.23, 816.24 and
816.25 from its regulations and combine their provisions into fully
revised ASCMRC 816.22. We are approving the removal of the above
sections because we removed the counterpart Federal regulations at 30
CFR 816/817.21, 816/817.23, 816/817.24, and 816/817.25 from our
regulations and incorporated their provisions into 30 CFR 816/817.22.
(See 48 FR 22092, May 16, 1983.)
3. ASCMRC 816.103, Backfilling and Grading: Covering Coal and Acid and
Toxic Forming Materials and ASCMRC Part 826, Special State Program
Performance Standards--Operations on Steep Slopes
Arkansas proposed to remove ASCMRC 816.103 and Part 826 from its
regulations and incorporate their essential provisions into ASCMRC
816.102(f) and 816.106, respectively. We are approving the removal of
these sections because we removed the counterpart Federal regulations
at 30 CFR 816.103 and Part 826, respectively, from our regulations and
incorporated their essential provisions into 30 CFR 816.102(f), and
816.107 and 817.107, respectively. (See 48 FR 23356, May 24, 1983.)
B. Revisions to Arkansas' Regulations That Are Substantively Identical
to the Corresponding Provisions of the Federal Regulations
1. Arkansas proposed to change the name of the ``U.S. Soil
Conservation Service'' to its new name of ``Natural Resources
Conservation Service'' throughout its regulations. We find that these
changes will not make the Arkansas regulations less effective than the
Federal regulations.
2. The proposed State regulations listed in the table below contain
language that is the same as or similar to the corresponding sections
of the Federal regulations. Any differences between the proposed State
regulations and the Federal regulations are nonsubstantive.
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Federal counterpart
Topic State regulation (ASCMRC) regulation (30 CFR)
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Definition of ``Significant 761.5..................................... 761.5.
recreational, timber, economic or
other values compatible with surface
coal mining operations''.
Operation Plan: Maps and Plans....... 780.14(c)................................. 780.14(c).
Disposal of Excess Spoil............. 780.35(b)................................. 780.35(b).
Prime Farmland....................... 785.17(d)(5).............................. 785.17(e)(5).
Topsoil and Subsoil.................. 816.22.................................... 816.22.
Hydrologic Balance: Postmining 816.56.................................... 816.56.
Rehabilitation of Sedimentation
Ponds, Diversions, Impoundments, and
Treatment Facilities.
Disposal of Excess Spoil: Pre- 816.74.................................... 816.74.
existing Benches.
Backfilling and Grading: General 816.102................................... 816.102.
Grading Requirements.
Backfilling and Grading: Thin 816.104-S................................. 816.104.
Overburden.
Backfilling and Grading: Thick 816.105-S................................. 816.105.
Overburden.
Backfilling and Grading: Steep Slopes 816.106................................... 816.107.
Special State Program Performance Part 823.................................. Part 823.
Standards--Operations on Prime
Farmland.
Procedures for Assessment Conference. 845.18(b)................................. 845.18(b).
Request for Adjudicatory Public 845.19(a)................................. 845.19(a)
Hearing.
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, we find that Arkansas' proposed
regulations are no less effective than the Federal regulations.
C. Revisions to Arkansas' Regulations That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Regulations
1. ASCMRC 780.25, Reclamation Plan: Siltation Structures, Impoundments,
Banks, Dams and Embankments
Except for all coal processing waste dams and embankments covered
by Section 816.81 through 816.84, Arkansas' current regulation at
paragraph (a)(3)(i) authorizes a registered land surveyor to prepare
and certify detailed design plans for structures not included in
paragraph (a)(2). In this amendment, Arkansas removed the language that
authorizes a registered land surveyor to prepare and certify these
detailed design plans. We approve the removal of this authorization
because 30 CFR 780.25(a)(3)(i) allows the preparation and certification
of the above mentioned detailed design plans only in States that
authorize land surveyors to prepare and certify such plans. Arkansas'
regulations do not authorize land surveyors to prepare or certify such
plans. Therefore, the removal of this provision does not conflict with
30 CFR 780.25(a)(3)(i).
IV. Summary and Disposition of Comments
Public Comments
We solicited public comments on the proposed amendment, but did not
receive any.
Federal Agency Comments
According to 30 CFR 732.17(h)(11)(i), and in a letter dated
February 18, 1998 (Administrative Record No. AR-561.03), we solicited
comments on the proposed amendment from various Federal
[[Page 49429]]
agencies with an actual or potential interest in Arkansas' program. We
received comments from the U.S. Army Corp of Engineers in two letters
dated March 17, 1998, and August 11, 1998 (Administrative Record Nos.
AR-561.05 and AR-561.12, respectively). Both letters stated that they
are satisfied with the changes that Arkansas proposed to make to the
Arkansas program.
Environmental Protection Agency (EPA)
According to 30 CFR 732.17(h)(11)(ii), we are required to obtain
the written consent of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards that are in force 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.
According to 30 CFR 732.17(h)(11)(i), we solicited comments on the
proposed amendment from the EPA (Administrative Record No. AR-561.01).
The EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
According to 30 CFR 732.17(h)(4), we are required to solicit
comments from the SHPO and ACHP on proposed amendments which may have
an effect on historic properties. We solicited comments on the proposed
amendment from the SHPO and ACHP (Administrative Record No. AR-561.02),
but neither responded to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as submitted
to us by Arkansas on February 6, 1998, and as revised on July 15, 1998.
We approve the regulations that Arkansas proposed with the
provision that they be fully placed in force in identical form to the
regulations 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. We are making this final rule effective immediately to
expedite the State program amendment process and to encourage Arkansas
to bring the Arkansas program into conformity with the Federal
standards without undue delay. SMCRA requires consistency of State and
Federal standards.
VI. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) under Executive Order
12866 (Regulatory Planning and Review) exempts this rule from 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
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 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
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
OSM has 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: September 31, 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.
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[[Page 49430]]
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Original amendment submission date Date of final publication Citation/description
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February 6, 1998.................................. September 16, 1998............................... ASCMRC 701.5; 761.5(d); 780.14(c); 780.18(b)(7),
.25(a)(3)(i), .35(b); 785.15(b)-(c), .16(a),
(c)(6), and (d), .17(d)(5); 815.15(k);
816.11(g), .21, .22, .23, .24, .25, .43(e),
(f)(5), .44(c), .46, .48(b), .56, .74, .102,
.103, .104-S, .105-S, .106, .107(a)-(b); Part
823; Part 826; 845.18(b) and .19(a).
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[FR Doc. 98-24780 Filed 9-15-98; 8:45 am]
BILLING CODE 4310-05-P
