[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