[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