[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19881-19885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11022]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-027-FOR]


Arkansas Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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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 was submitted at the State's own initiative and 
consists of revisions to and additions of regulations pertaining to 
remining, water replacement, subsidence damage repair/compensation, and 
enforcement. Arkansas also proposes to remove duplicated regulation 
sections for surface and underground mining permit applications 
pertaining to general requirements for the description of hydrology and 
geology, groundwater information, surface water information, 
alternative water supply information, and fish and wildlife resources 
information. 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.d.t., June 3, 
1996. If requested, a public hearing on the proposed amendment will be 
held on May 28, 1996. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t. on May 20, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. Jack R. Carson, Acting Director, 
Tulsa Field Office, at the address listed below.
    Copies of the Arkansas program, the proposed amendment, a listing 
of any scheduled public hearings, 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.

Jack R. Carson, 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: Mr. Jack Carson, Acting Director, 
Tulsa Field Office, 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. 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. Description 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:
A. Subchapter A--General

1. ASCMRC Section 700.10(b) Termination of Jurisdiction

    Arkansas proposed to add this paragraph to include provisions for 
termination of jurisdiction.

2. ASCMRC Section 705.5 Definitions

    Arkansas proposes to amend this section by adding, alphabetically, 
definitions of ``drinking, domestic or residential water supply,'' 
``land eligible for remining,'' ``material damage,''

[[Page 19882]]

``non-commercial building,'' ``occupied residential dwelling and 
structures related thereto,'' ``previously mined areas,'' ``replacement 
of water supply,'' and ``unanticipated event or condition.''
B. Subchapter G--Surface Coal Mining and Reclamation Operations Permits 
and Coal Exploration Procedures Systems

1. ASCMRC Section 771.12(h)  Procedures

    Arkansas proposes to amend this section by replacing the incorrect 
reference to Sections 787.11(b) and 787.12(b)(1) with a reference to 
Sections 787.11 and 787.12.

2. ASCMRC Section 771.25(b)  Permit Fees

    Arkansas proposes to amend this section by replacing the 
calculation of the annual administration and enforcement fee on a per 
affected acre basis with a flat fee of $600.00 per year through the 
life of the permit.

3. ASCMRC Section 778.14(c)  Compliance Information

    Arkansas proposes to amend this section by replacing all existing 
language except for the last sentence of the paragraph.

4. ASCMRC Section 778.18  Personal Injury and Property Insurance 
Information

    Arkansas proposes to amend this section by removing the reference 
to Part 806 and adding a reference to Section 800.60.

5. ASCMRC Section 779.19(b)  Vegetation Information

    Arkansas proposes to amend this section by replacing the reference 
to Part 779.20 with a reference to Section 780.16.

6. ASCMRC Section 779.22  Land Use Information

    Arkansas proposes to remove this section and to incorporate its 
provisions into Section 780.23.

7. ASCMRC Section 779.25(k)  Cross-sections, Maps, and Plans

    Arkansas proposes to remove and reserve this section.

8. ASCMRC Sections 780.21 and 784.14  Hydrologic Information

    Arkansas proposes to amend Section 780.21 by inserting a new 
subparagraph (f)(3)(v). Also, through an inadvertent oversight, Section 
784.14 was not updated when Section 780.21 was amended in 1988. 
Therefore, Arkansas proposes to amend Section 784.14 by renaming the 
heading, by deleting the inappropriate reference to Section 
780.21(b)(3) and referencing instead Sections 780.21(e) and 
780.21(f)(3)(iii) as inapplicable to underground operations, and 
inserting a reference to new paragraph Section 780.21(f)(3)(v). 
Additionally, through an apparent typographical error, the heading for 
Section 784.15 had been deleted making it appear that section 784.14 
also references Section 780.23. Moreover, this reference incorrectly 
excluded Section 780.23(a)(2) from consideration for underground mining 
operations. Therefore, Section 784.14 is further amended by deleting 
the reference to Section 780.23 and placing the corrected reference 
under relisted Section 784.15.

9. ASCMRC Sections 780.23 and 784.15  Land Use Information

    Arkansas proposes to amend Section 780.23 by replacing it in its 
entirety. Additionally, through an apparent typographical error, the 
heading for Section 784.15 had been deleted making it appear that 
Section 784.14 also references Section 780.23. Moreover, this reference 
incorrectly excluded Section 780.23(a)(2) from consideration for 
underground mining operations. Therefore, Arkansas proposes to relist 
the heading for Section 784.15, and to place the reference to Section 
780.23 under this section.

10. ASCMRC Sections 780.25 and 784.16  Ponds, Impoundments, Banks, Dams 
and Embankments

    Arkansas proposes to amend Sections 780.25 and 7847.16 by replacing 
the term ``Pond'' in the heading with ``Siltation Structures.'' Also, 
Section 780.25 is proposed to be amended by replacing the terms ``pond 
and sedimentation ponds'' with ``siltation structures'' in paragraphs 
(a) and (b), by adding the phrase ``and a detailed design plan'' to 
paragraph (a), by replacing the impoundment classification criteria in 
paragraphs (a)(2), (a)(3), and (f), by replacing the references to now-
removed Sections 816.91 through 816.93 in paragraphs (a)(3) (i) and (e) 
with a reference to Sections 816.81 through 816.84, by replacing the 
existing language in paragraph (c), and by revising the referenced 
sections in paragraph (d) from 816.85 to 816.84.

11. ASCMRC Section 783.22  Land Use Information

    Arkansas proposes to remove this section and consolidate its 
provisions into amended Section 783.23.

12. ASCMRC Section 784.20  Subsidence Control

    Arkansas proposes to amend this section by removing all existing 
language and adding new provisions for presubsidence surveys and 
subsidence control plans.

13. ASCMRC Section 784.25(a)  Return of Coal Processing Waste to 
Abandoned Underground Workings

    Arkansas proposes to amend this subsection by revising the 
reference to Section 816.88 with a reference to Section 816.81(f).

14. ASCMRC Section 785.25  Lands Eligible for Remining

    Arkansas proposes to add new Section 785.25 pertaining to 
permitting requirements for lands eligible for remining.

15. ASCMRC Section 786.5(b)  Definitions

    Arkansas proposes to amend this subsection by revising the 
introductory text; by rearranging, alphabetically, the existing 
definitions; and by inserting alphabetically, definitions for 
``Applicant/Violator System or AVS,'' ``Federal violation notice,'' 
``Ownership or control link,'' ``State violation notice,'' and 
``violation notice.''

16. ASCMRC Section 786.11(c)(2)  Public Notices of Filing of Permit 
Applications

    Arkansas proposes to amend this subsection by replacing the 
reference to Section 783.20 with a reference to Section 780.16.

17. ASCMRC Section 786.17(c)  Reveiw of Violations

    Arkansas proposes to amend Section 786.17 by revising paragraph 
(c)(1), by adding an additional qualifying phrase to paragraph (c)(2) 
regarding permits which will be conditionally issued, and by adding new 
paragraph (c)(4) regarding an exception to the prohibitions of 
paragraph (b).

18. ASCMRC Section 786.19(g)-(r)  Criteria for Permit Approval or 
Denial

    Arkansas proposes to amend this section by adding new paragraphs 
(q) and (r) pertaining to lands eligible for remining.

19. ASCMRC Section 786.30  Improvidently Issued Permits: General 
Procedures

    Arkansas proposes to amend this section by revising paragraphs (b) 
and (c), by renumbering the existing subparagraphs under (b) and (c), 
and by adding new paragraphs (b)(2) and (c)(2)

[[Page 19883]]

pertaining to when an ownership and control link may be challenged 
under Section 786.35.

20. ASCMRC Section 786.31  Improvidently Issued Permits: Rescission 
Procedures

    Arkansas proposes to amend this section by replacing the reference 
to Section 786.30(c)(4) with 786.30(c)(1)(iv), by adding a qualifying 
phrase regarding the provisions of proposed Section 786.35 to paragraph 
(a), and by deleting the right to appeal provisions of paragraph (c) 
which are now incorporated in Section 786.30.

21. ASCMRC Section 786.32  Verification of Ownership or Control 
Application Information

    Arkansas proposes to add new Section 786.32 pertaining to 
verification of ownership or control application information through 
manual data sources and automated data sources.

22. ASCMRC Section 786.33  Review of Ownership or Control Violation 
Information

    Arkansas proposes to add new Section 786.33 pertaining to the 
review of violation notices and ownership or control links to determine 
whether the application can be approved.

23. ASCMRC Section 786.34  Procedures for Challenging Ownership or 
Control Links Shown in AVS

    Arkansas proposes to add new Section 786.34 pertaining to 
procedures for challenging ownership or control links shown in the AVS.

24. ASCMRC Section 786.35  Standards for Challenging Ownership or 
Control Links and the Status of Violations

    Arkansas proposes to add new Section 786.35 pertaining to the 
standards for challenging ownership or control links shown in the AVS.

25. ASCMRC Section 788.14(a)(3)  Permit Renewals: Completed 
Applications

    Arkansas proposes to amend this subsection by replacing the 
reference to Section 806.14 with a reference to Section 800.60.
C. Subchapter H--Small Operator Assistance

1. ASCMRC Section 795.12  Program Services and Data Requirements

    Arkansas proposes to revise the provisions in this section 
pertaining to its small operator assistance program (SOAP) and to 
revise the section title from ``Program Services'' to ``Program 
Services and Data Requirements.'' This amended section includes the 
provisions of former Section 795.16 Data Requirements.

2. ASCMRC Section 795.13(a)(2)  Eligibility for Assistance

    Arkansas proposes to amend paragraph (a)(2) by changing the 
liability period and increasing the production level to 300,000 tons 
with respect to operator eligibility.

3. ASCMRC Section 795.16  Data Requirements

    Arkansas proposes to remove this section and combine it with 
amended Section 795.12 Program Services and Data Requirements.

4. ASCMRC Section 795.17  Qualified Laboratories

    Arkansas proposes to amend this section by revising the definition 
of ``qualified laboratory'' in paragraph (a)(1) and by replacing the 
references of Sections 795.16 (b)(1) and (b)(2) in paragraph (b)(2) 
with Sections 795.12 (b)(1) and (b)(2).

5. ASCMRC Section 795.19  Applicant Liability

    Arkansas proposes to amend this section by raising the production 
level to 300,000 tons and reducing the liability period, and by making 
other minor changes.
D. Subchapter J--Bond Insurance Requirements for Surface Coal Mining 
and Reclamation Operations

1. Part 800--General Requirements for Bonding of Surface Coal Mining 
and Reclamation Operations Under the State Program

    Arkansas proposes to amend Subchapter J by deleting all existing 
language from Part 800, and by removing Parts 805, 806, 807, and 808, 
and consolidating the provisions of these removed Parts into amended 
Part 800. Arkansas also proposes to change the title of Part 800 from 
``General Requirements for Bonding of Surface Coal Mining and 
Reclamation Operations Under the State Program'' to ``Bond and 
Insurance Requirements for Surface Coal Mining and Reclamation 
Operations Under the State Program.''
E. Subchapter K--State Program Performance Standards

1. ASCMRC Section 816.41  Hydrologic Balance Protection

    Arkansas proposes to amend this section by adding new paragraph (e) 
pertaining to permittees replacing a drinking, domestic or residential 
water supply that is adversely impacted by underground mining 
activities.

2. ASCMRC Section 816.46  Hydrologic Balance: Siltation Structures

    Arkansas proposes to amend this section by expanding the definition 
of ``other treatment facility'' in paragraph (a)(3), by suspending 
paragraph (b)(2), and by revising paragraph (c)(2) regarding spillways.

3. ASCMRC Section 816.49  Impoundments

    Arkansas proposes to amend this section by redesigning paragraphs 
(a)(1) through (a)(8) as paragraphs (a)(2) through (a)(9), 
respectively, and paragraphs (a)(9) through (a)(11) as paragraphs 
(a)(11) through (a)(13), respectively; by replacing the language of 
paragraph (a)(1) with language pertaining to impoundments meeting the 
Class B or C criteria for dams in the U.S. Department of Agriculture, 
Soil Conservation Service (SCS) Technical Release No. 60; by adding new 
paragraph (a)(10) pertaining to high walls; by revising newly 
redesignated paragraphs (a)(4), (a)(5), (a)(6)(i), and (a)(11), and 
existing paragraphs (c)(2) (i) and (ii) by inserting references to the 
SCS criteria for dam classification; and by replacing the existing 
language of a newly redesignated paragraph (a)(9) with language 
pertaining to spillways.

4. ASCMRC Section 816.81  Coal Mine Waste: General Requirements

    Arkansas proposes to amend this section by replacing the 
introductory text in paragraph (a); by replacing existing language in 
paragraph (c)(2) with language pertaining to design criteria for a 
disposal facility; and by deleting paragraphs (c)(3) and (c)(4).

5. ASCMRC Section 816.82  Coal Processing Waste Banks: Site Inspection

    Arkansas proposes to remove this section pertaining to inspections 
of coal processing waste banks.

6. ASCMRC Section 816.85  Coal Processing Waste Banks: Construction 
Requirements

    Arkansas proposes to remove this section pertaining to the 
construction of coal processing waste banks.

7. ASCMRC Section 816.86  Coal Processing Waste: Burning

    Arkansas proposes to remove this section pertaining to 
extinguishing coal processing waste fires.

[[Page 19884]]

8. ASCMRC Section 816.88  Coal Processing Waste: Return to Underground 
Workings

    Arkansas proposes to remove this section pertaining to the return 
of coal processing waste to underground mine workings.

9. ASCMRC Section 816.89  Disposal of Noncoal Mine Wastes

    Arkansas proposes to amend this section by removing paragraph (d) 
pertaining to the handling of hazardous noncoal mine waste.

10. ASCMRC Section 816.91--816.93  Coal Processing Waste: Dams and 
Embankments

    Arkansas proposes to remove Sections 816.91, 816.92, and 816.93 and 
incorporate their provisions into Section 816.84. Sections 816.91, 
816.92, and 816.93 pertain to obtaining State approval, site 
preparation, and design and construction standards, respectively, 
before using coal processing waste to construct dams and embankments.

11. ASCMRC Section 816.112  Revegetation, Use of Introduced Species

    Arkansas proposes to remove this section pertaining to substituting 
introduced species for native species.

12. ASCMRC Section 816.116  Revegetation: Standards for Success

    Arkansas proposes to amend this section by revising paragraph 
(c)(2) by deleting the precipitation qualifier and by adding new 
subparagraphs (c)(2)(i) and (c)(2)(ii) pertaining to success standards 
for lands eligible for remining, by deleting paragraph (c)(3) 
pertaining to an average annual precipitation criterion, and by 
redesignating paragraph (c)(4) as (c)(3).

13. ASCMRC Section 816.121-U  Subsidence Control: General Requirements

    Arkansas proposes to amend this section by combining the provisions 
of Sections 816.121-U General requirements, 816.124-U Surface owner 
protection, and 816.126-U Buffer zones into revised Section 816.121-U 
General requirements.

14. ASCMRC Section 816.121-U  Subsidence Control: Public Notice

    Arkansas proposes to remove the first sentence of the introductory 
paragraph and paragraphs (b) and (c) and insert language pertaining to 
notifying landowners of proposed underground mining operations.

15. ASCMRC Section 816.124-U and 816.126-U  Subsidence Control: Surface 
Owner Protection and Buffer Zones, Respectively

    Arkansas proposes to remove these two sections and incorporate 
their provisions under revised Section 816.121-U General requirements.

16. ASCMRC Section 827.12  Coal Processing Plants: Performance 
Standards

    Arkansas proposes to replace the references to Sections 816.91 
through 816.93 in paragraph (e) with Section 816.84. Arkansas also 
proposes to amend paragraph (g) by replacing the terms ``solid waste'' 
and ``any excavated materials'' with ``noncoal mine waste'' and 
``excess spoil,'' and by rearranging and revising the referenced 
sections.
F. Subchapter L--State Program Inspection and Enforcement Procedures

1. ASCMRC Section 842.11  Inspections

    Arkansas proposes to replace all existing language in paragraphs 
(c)(1) through (c)(4), and to add new paragraphs (d) through (f).

2. ASCMRC Section 842.14  Review of Adequacy and Completeness of 
Inspections

    Arkansas proposes to amend this section by replacing references to 
specific sections with more generalized language.
G. Subchapter R--Abandoned Mine Land Reclamation

1. ASCMRC Section 874.5  Definitions

    Arkansas proposes to amend this section by revising the definition 
of ``left or abandoned in either an unreclaimed or inadequately 
reclaimed condition.''

2. ASCMRC Section 874.12  Eligible Lands and Water

    Arkansas proposes to amend this section by adding new paragraphs 
(a)(4) through (a)(8) pertaining to coal lands and water eligible for 
reclamation activities.
    H. The proposed amendment also consists of removals of duplicative 
regulation sections for surface and underground mining permit 
applications pertaining to ASCMRC Sections 779.13 and 783.13 
Description of hydrology and geology: General requirements, ASCMRC 
Sections 779.15 and 783.15 Groundwater information, ASCMRC Sections 
779.16 and 783.16 Surface water information, ASCMRC Sections 779.17 and 
783.17 Alternative water supply information, and ASCMRC Sections 779.20 
and 783.20 Fish and wildlife resources information.

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.

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.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t. on May 20, 1996. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. If no one requests an opportunity to speak 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak 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

[[Page 19885]]

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

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).

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, 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.

List of Subjects in 30 CFR Part 904

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 26, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-11022 Filed 5-2-96; 8:45 am]
BILLING CODE 4310-05-M