[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24130]
[[Page Unknown]]
[Federal Register: September 29, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
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.
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SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Arkansas regulatory program
(hereinafter, the ``Arkansas program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The revisions for
Arkansas' proposed statutes pertain to the entities performing
permitting activities that are eligible for assistance under the small
operator's assistance program (SOAP), costs relating to permitting
activities that may be funded under SOAP, Arkansas' responsibility to
assume training costs, and operator reimbursement of Arkansas for the
cost of services rendered under SOAP. The amendment is intended to
revise the Arkansas program to be consistent with SMCRA, as amended.
DATES: Written comments must be received by 4:00 p.m., c.d.t. October
14, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to James
H. Moncrief 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.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135-6548
Surface Mining & Reclamation Division, Arkansas Department of Pollution
Control & Ecology, P.O. Box 8913, 8001 National Drive, Little Rock,
Arkansas 72219-8913, Telephone: (501) 562-6533
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, 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. General background information on the
Arkansas program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Arkansas program can
be found in the November 21, 1980, Federal Register (45 FR 77003).
Subsequent actions concerning Arkansas' program and program amendments
can be found at 30 CFR 904.12 and 904.15.
II. Submission of Proposed Amendment
By letter dated March 31, 1993 (administrative record No. AR-496),
Arkansas submitted a proposed amendment to its program pursuant to
SMCRA. Arkansas, at its own initiative, submitted the proposed
amendment with the intent of making its statute consistent with
sections 507 (c) and (h) of SMCRA, as revised by the Energy Policy Act
of 1992 (Pub. L. 102-486). Arkansas proposed to amend the Arkansas
Surface Coal Mining and Reclamation Act of 1979 relating to financial
assistance under SOAP. The amendment (1) redefined ``small operator''
to include those operators producing up to 300,000 tons of coal during
the 12 months immediately following the date on which the operator is
issued the surface coal mining and reclamation permit and (2) expanded
the costs of certain permitting activities eligible for payment under
SOAP.
OSM published a notice in the April 22, 1993, Federal Register (58
FR 16634) announcing receipt of the amendment and inviting public
comment on its adequacy (administrative record No. AR-500). The public
comment period ended May 25, 1993.
During its review of the amendment, OSM identified concerns
relating to the authority to implement regulations for SOAP, the costs
related to gathering information for a permit application that can be
funded under SOAP, and the liability of the permit applicant for
reimbursement of the cost of services if the operator exceeds the
allowable production within 12 months of permit issuance. OSM notified
Arkansas of the concerns by letter dated June 23, 1993 (administrative
record No. AR-507).
By letter dated July 22, 1993, Arkansas responded by submitting
additional explanatory information and a revised amendment to address
the concerns identified above (administrative record No. AR-505).
During its review of the revised amendment, OSM identified concerns
relating to (1) Arkansas' use of the phrase ``cross-section maps or
plans'' and (2) reimbursement of costs if the operator exceeds the
allowed actual and attributed annual production of coal. OSM notified
Arkansas of the concerns by letter dated October 19, 1993
(administrative record No. AR-513).
Arkansas responded in a letter dated August 26, 1994, by submitting
additional revisions to its amendment (administrative record No. AR-
521). Arkansas proposes to revise the Arkansas Surface Coal Mining and
Reclamation Act of 1979 at section 13 by (1) designating existing
paragraph (c)(2) as (c)(2)(A); (2) revising paragraph (c)(2)(A) to
specify that the permitting activities eligible for assistance under
SOAP must be performed by a qualified public or private laboratory or
other public or private entity designated by Arkansas; (3) adding
paragraphs (c)(2)(A) (i) through (vi), which specify additional
permitting activities for which an operator may receive assistance
under SOAP; (4) adding paragraph (c)(2)(B), which pertains to Arkansas'
responsibility to assume the cost of training small operators in the
preparation of permit applications and compliance with the regulatory
program and of the assistance available under SOAP; and (5) adding
paragraph (c)(2)(C), which pertains to the operator's responsibility to
reimburse Arkansas for the cost of the services rendered under SOAP if
the operator's actual and attributed annual production of coal for all
locations exceeds 300,000 tons during the 12 months immediately
following the date on which the operator is issued the surface coal
mining and reclamation permit.
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 provision 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 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
1. 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).
2. 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 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 12550) and the Federal regulations at 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.
3. 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)).
4. 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.).
5. 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 that 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: September 23, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-24130 Filed 9-28-94; 8:45 am]
BILLING CODE 4310-05-M
