[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: 94-24131]
[[Page Unknown]]
[Federal Register: September 29, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 904
Arkansas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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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 consists of the deletion of the statutory
provision authorizing the Arkansas Commission on Pollution Control and
Ecology to either regulate or not regulate surface coal mining
operations affecting 2 acres or less, and the addition of statutory
provisions pertaining to violations and revegetation performance
standards for remining permits. This amendment is intended to revise
the Arkansas program to be consistent with SMCRA.
dates: Written comments must be received by 4:00 p.m., c.d.t. October
31, 1994. If requested, a public hearing on the proposed amendment will
be held on October 24, 1994. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.d.t. on October 14, 1994. 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.
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 E. Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135
Arkansas Department of Pollution Control and 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's program and program amendments
can be found at 30 CFR 904.12 and 904.15.
II. Proposed Amendment
By letter dated August 26, 1994, Arkansas submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
AR-522). Arkansas submitted the proposed amendment at its own
initiative with the intent of making its coal mining statute consistent
with SMCRA. Arkansas proposes to revise the Arkansas Surface Coal
Mining and Reclamation Act of 1979 at (1) Section 5, jurisdiction and
powers for rules and regulations, (2) section 13, surface coal mining
permits, and (3) section 15, environmental protection performance
standards.
Specifically, Arkansas proposes to revise section 5(b)(1) by
deleting the provision that authorizes the Arkansas Commission on
Pollution Control and Ecology to promulgate rules either exempting or
regulating surface coal mining operations that affect 2 acres or less;
adding section 13(k) indicating that violations incurred under a
remining permit as the result of an unanticipated event or condition
shall not disqualify the holder of that permit from obtaining
subsequent surface coal mining permits; and adding section 15(d)(1)
indicating that remining operations are responsible for successful
revegetation for a period of 2 years after the last year of augmented
seeding, fertilizing, irrigation or other work to assure compliance
with the applicable standards.
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.
1. 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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.
c.d.t., on October 14, 1994. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to testify 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 testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify 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 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
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 22, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-24131 Filed 9-28-94; 8:45 am]
BILLING CODE 4310-05-M
