[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Proposed Rules]
[Pages 4499-4501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2331]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-027-FOR]


Arkansas Regulatory Program and Abandoned Mine Land Reclamation 
Plan

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 and 
abandoned mine land reclamation plan (hereinafter referred to as the 
``Arkansas program'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). The revisions for Arkansas' proposed amendment 
pertain to the definition for ``unanticipated event or condition''; 
procedures for challenging ownership and control links shown in AVS; 
and applicant liability under the Small Operator Assistance Program. 
Arkansas also proposed to correct typographical errors and a number of 
incorrect reference citations. 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.s.t., February 
14, 1997.


[[Page 4500]]


ADDRESSES: Written comments should be mailed or hand delivered to A. 
Dwight Thomas, Acting 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.

A. Dwight Thomas, 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:

A. Dwight Thomas, Acting 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 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: ASCMRC Section 700.10(b), 
Termination of Jurisdiction; ASCMRC Section 701.5, Definitions for 
``drinking, domestic or residential water supply,'' ``land eligible for 
remining,'' ``material damage,'' ``non-commercial building,'' 
``occupied residential dwelling and structures related thereto,'' 
``previously mined area,'' ``replacement of water supply,'' and 
``unanticipated event or condition''; ASCMRC Section 761.12(h), 
Procedures; ASCMRC Section 771.25(b), Permit Fees; ASCMRC Section 
778.14(c), Compliance Information; ASCMRC Section 778.18, Personal 
Injury and Property Insurance Information; ASCMRC Section 779.19(b), 
Vegetation Information; ASCMRC Section 779.22, Land Use Information; 
ASCMRC Section 779.25(k), Cross-sections, Maps, and Plans; ASCMRC 
Section 780.21 and 784.14, Hydrologic Information; ASCMRC Section 
780.23 and 784.15, Land Use Information; ASCMRC Section 780.25 and 
784.16, Ponds, Impoundments, Banks, Dams and Embankments; ASCMRC 
Section 783.22, Land Use Information; ASCMRC Section 784.20, Subsidence 
Control; ASCMRC Section 784.25(a), Return of Coal Processing Waste to 
Abandoned Underground Workings; ASCMRC Section 785.25, Lands Eligible 
for Remining; ASCMRC Section 786.5(b), Definitions for ``applicant/
violator system or AVS,'' ``federal violation notice,'' ``ownership or 
control link,'' ``state violation notice,'' and ``violation notice''; 
ASCMRC Section 786.11(c)(2), Public Notices of Filing of Permit 
Applications; ASCMRC Section 786.17(c), Review of Violations; ASCMRC 
Section 786.19(g)-(r), Criteria for Permit Approval or Denial; ASCMRC 
Section 786.30, Improvidently Issued Permits: General Procedures; 
ASCMRC Section 786.31, Improvidently Issued Permits: Rescission 
Procedures; ASCMRC Section 786.32, Verification of Ownership or Control 
Application Information; ASCMRC Section 786.33, Review of Ownership or 
Control Violation Information; ASCMRC Section 786.34, Procedures for 
Challenging Ownership or Control Links Shown in AVS; ASCMRC Section 
786.35, Standards for Challenging Ownership or Control Links and the 
Status of Violations; ASCMRC Section 788.14(a)(3), Permit Renewals: 
Completed Applications; ASCMRC Section 795.12, Program Services; ASCMRC 
Section 795.13(a)(2), Eligibility for Assistance; ASCMRC Section 
795.16, Data Requirements; ASCMRC Section 795.17, Qualified 
Laboratories; ASCMRC Section 795.19, Applicant Liability; ASCMRC Part 
800, General Requirements for Bonding of Surface Coal Mining and 
Reclamation Operations Under the State Program; ASCMRC Section 816.41, 
Hydrologic Balance Protection; ASCMRC Section 816.46, Hydrologic 
Balance: Siltation Structures; ASCMRC Section 816.49, Impoundments; 
ASCMRC Section 816.81, Coal Mine Waste: General Requirements; ASCMRC 
Section 816.82, Coal Processing Waste Banks: Site Inspection; ASCMRC 
Section 816.85, Coal Processing Waste Banks: Construction Requirements; 
ASCMRC Section 816.86, Coal Processing Waste: Burning; ASCMRC Section 
816.88, Coal Processing Waste: Return to Underground Workings; ASCMRC 
Section 816.89, Disposal of Noncoal Mine Wastes; ASCMRC Section 816.91-
93, Coal Processing Waste: Dams and Embankments; ASCMRC Section 
816.112, Revegetation: Use of Introduced Species; ASCMRC Section 
816.116, Revegetation: Standards for Success; ASCMRC Section 816.121-U, 
Subsidence Control: General Requirements; ASCMRC Section 816.122-U, 
Subsidence Control: Public Notice; ASCMRC Section 816.124-U, Subsidence 
Control: Surface Owner Protection; ASCMRC Section 816.126-U, Subsidence 
Control: Buffer Zones; ASCMRC Section 827.12, Coal Processing Plants: 
Performance Standards; ASCMRC Section 842.11, Inspections; ASCMRC 
Section 842.14, Review of Adequacy and Completeness of Inspections; 
ASCMRC Section 874.5, Definition for ``left or abandoned in either an 
unreclaimed or inadequately reclaimed condition''; and ASCMRC Section 
874.12, Eligible Lands and Water.
    OSM announced receipt of the proposed amendment in the May 3, 1996, 
Federal Register (61 FR 19881) and invited public comment on its 
adequacy. The public comment period ended June 3, 1996.
    During its review of the amendment, OSM identified concerns 
relating to ASCMRC 701.5, Definition for ``unanticipated event or 
condition''; ASCMRC 786.34, Procedures for Challenging Ownership or 
Control Links Shown in AVS; ASCMRC 816.49, Impoundments; ASCMRC 795.19, 
Applicant Liability under the Small Operator Assistance Program; 
typographical errors; and a number of incorrect reference citations. 
OSM notified Arkansas of the concerns by E-

[[Page 4501]]

mail dated October 22, 1996 (Administrative Record No. AR-557.07). 
Arkansas responded in a letter dated December 9, 1996 (Administrative 
Record No. AR-557.06), and a facsimile (fax) dated January 7, 1997 
(Administrative Record No. AR-557.08), by submitting a revised 
agreement.
    Specifically, Arkansas proposes the following:
A. Subchapter A--General
    1. ASCMRC Section 701.5  Definitions

    Arkansas proposes to correct a reference citation for the 
definition of ``unanticipated event or condition.''

B. Subchapter G--Surface Coal Mining and Reclamation Operations Permits 
and Coal Exploration Procedures Systems
    1. ASCMRC Section 786.33 Review of Ownership and Control Violation 
Information

    Arkansas proposes to correct a reference citation in paragraph (a).

    2. ASCMRC Section 786.34  Procedures for Challenging Ownership and 
Control Links Shown in AVS

    Arkansas proposes to correct reference citations in paragraphs 
(a)(1) and (a)(3), and to revise paragraphs (b) through (d) regarding 
procedures an applicant or other person must follow in order to 
challenge the status of a State violation.

C. Subchapter H--Small Operator Assistance
    1. ASCMRC Section 795.19  Applicant Liability

    Arkansas proposes to amend paragraph (a) by deleting the term 
``laboratory'' thereby making applicants liable for all services 
allowed under the Small Operator Assistance Program and not just those 
relating to laboratory service.

D. Subchapter K--State Program Performance Standards
    1. ASCMRC Section 816.49  Impoundments

    Arkansas proposes to amend this section by redesignating existing 
paragraphs (a)(1) through (a)(8) as paragraphs (a)(2) through (a)(9), 
respectively, and by redesignating existing paragraphs (a)(9) through 
(a)(11) as paragraphs (a)(11) through (a)(13), respectively; by adding 
new paragraphs (a)(1) and (a)(10); by revising newly redesignated 
paragraphs (a)(2), (a)(4), (a)(5), (a)(6)(i), (a)(9), and (a)(12); and 
by inserting references to the SCS criteria for dam classification.

E. Subchapter R--Abandoned Mine Land Reclamation
    1. ASCMRC Section 874.12 Eligible Lands and Water

    Arkansas proposes to delete the incorrect reference citations in 
paragraphs (a)(5) and (a)(8) and replace them with appropriate 
reference citations.

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.

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

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 17, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-2331 Filed 1-29-97; 8:45 am]
BILLING CODE 4310-05-M