[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)]
[Proposed Rules]
[Pages 9747-9749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4862]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 38 / Thursday, February 26, 1998 /
Proposed Rules
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SPATS No. AR-030-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 consists of revisions to and/or additions of
regulations pertaining to definitions; reclamation plans; disposal of
excess spoil; steep slope mining; permits incorporating variances from
approximate original contour restoration requirements for steep slope
mining; prime farmlands; performance standards for coal exploration and
prime farmland; signs and markers; topsoil and subsoil; hydrologic
balance; backfilling and grading; procedures for assessment conference;
and request for adjudicatory public hearing. The amendment is intended
to revise the Arkansas program to be consistent with the corresponding
Federal regulations and to enhance enforcement of the State program.
This document sets forth the times and locations that the Arkansas
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.s.t., March
30, 1998. If requested, a public hearing on the proposed amendment will
be held on March 23, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t. on March 13, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C. Wolfrom, 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.
Michael C. Wolfrom, 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: Michael C. Wolfrom, 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 February 6, 1998 (Administrative Record No. AR-
561), Arkansas submitted a proposed amendment to its program pursuant
to SMCRA. Arkansas submitted the proposed amendment in response to a
June 17, 1997, letter (Administrative Record No. AR-559) that OSM sent
to Arkansas in accordance with 30 CFR 732.17(c), and at its own
initiative. Arkansas proposes to amend the Arkansas Surface Coal Mining
and Reclamation Code (ASCMRC). The full text of the proposed program
amendment submitted by Arkansas is available for public inspection at
the locations listed above under ADDRESSES. A brief discussion of the
proposed amendment is presented below.
1. Editorial and Reference Changes
Arkansas proposes to make editorial and reference changes in the
following sections of the ASCMRC: 780.18(b)(7), Reclamation plan:
general requirements; 785.15(b) and (c), Steep slope mining; 785.16(a),
(c)(6), and (d)(1), Permits incorporating variances from approximate
original contour restoration requirements for steep slope mining;
815.15(k), Performance standards for coal exploration; 816.11(g), Signs
and markers; 816.43(e) and (f)(5), Hydrologic balance: diversions and
conveyance of overland flow, shallow groundwater flow, (and ephemeral
streams); 816.44(c), Hydrologic balance: stream channel diversions;
816.48(b), Hydrologic balance: acid-forming and toxic-forming spoil;
and 816.107, Backfilling and grading previously mined areas.
2. Section 761.5, Definitions
Arkansas proposes to delete the word ``no'' from the term ``No
significant recreational, timber, economic or other values incompatible
with surface coal mining operations'' so that it reads ``Significant
recreational, timber, economic or other values incompatible with
surface coal mining operations.''
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3. Section 780.25(a)(3)(i), Reclamation Plan: Siltation Structures,
Impoundments, Banks, Dams and Embankments
Arkansas proposes to amend this section by deleting all language
following ``qualified registered professional engineer.''
4. Section 780.35, Disposal of Excess Spoil
At paragraph (b), Arkansas proposes to amend the introductory text
by adding the phrase ``Except for the disposal of excess spoil on
preexisting benches,'' to the beginning sentence.
5. Section 785.17, Prime Farmlands
Arkansas proposes to add new paragraph (d)(5) to read as follows:
(5) The aggregate total prime farmland acreage shall not be
decreased from that which existed prior to mining. Water bodies, if
any, to be constructed during mining and reclamation operations must be
located within the post-reclamation non-prime farmland portions of the
permit area. The creation of any such water bodies must be approved by
the Director and the consent of all affected property owners within the
permit area must be obtained.
6. Sections 816.21, Topsoil: General Requirements; 816.22, Topsoil:
Removal; 816.23, Topsoil: Storage; 816.24, Topsoil: Redistribution; and
816.25, Topsoil: Nutrients and Soil Amendments
Arkansas proposes to revise section 816.22, Topsoil: removal, by
deleting the existing language, adding new language, and changing the
section name to Topsoil and subsoil. The revised section pertains to
topsoil removal, substitution, storage, and redistribution, and subsoil
segregation. Arkansas also proposes to remove existing sections 816.21,
816.23, 816.24, and 816.25 and to combine their provisions into revised
section 816.22.
7. Section 816.56, Hydrologic Balance: Postmining Rehabilitation of
Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities
Arkansas proposes to amend this section to read as follows:
Before abandoning the permit area or seeking bond release, the
person who conducts the (surface mining activities) [underground mining
activities] shall ensure that all temporary structures are removed and
reclaimed, and renovate, if necessary, all permanent sedimentation
ponds, diversions, impoundments, and treatment facilities to meet
criteria specified in the detailed design plan for the permanent
structures and impoundments, and the requirements of this Chapter.
8. Section 816.74, Disposal of Excess Spoil: Pre-Existing Benches
a. Arkansas proposes to revise paragraphs (a) through (d),
redesignate existing paragraph (e) as paragraph (h), and add new
paragraphs (e), (f), and (g).
b. Revised paragraph (a) will allow the Department to approve the
disposal of excess spoil through placement on a pre-existing bench if
the affected portion of the pre-existing bench is permitted and the
standards in sections 816.102(c), (e) through (h), and (i) and the
requirements of this section are met.
c. Revised paragraph (b) will require that all vegetation and
organic materials be removed from the affected portion of the pre-
existing bench before the placement of the excess spoil. Also, any
available topsoil on the bench shall be removed, stored and
redistributed in accordance with section 816.22. Substitute or
supplemental materials may be used in accordance with section
816.22(b).
d. Revised paragraph (c) will require that fill be designed and
constructed using current, prudent engineering practices and that the
design be certified by a registered professional engineer. Paragraph
(c) also specifies how the spoil shall be handled.
e. Arkansas proposes new paragraphs (e) through (g) to read as
follows:
(e) All disturbed areas, including diversion channels that are not
riprapped or otherwise protected, shall be revegetated upon completion
of construction.
(f) Permanent impoundments may not be constructed on preexisting
benches backfilled with excess spoil under this regulation.
(g) Final configuration of the backfill must be compatible with the
natural drainage patterns and the surrounding areas, and support the
approved postmining land use.
9. Sections 816.102, Backfilling and Grading: General Grading
Requirements and 816.103, Backfilling and Grading: Covering Coal and
Acid and Toxic Forming Materials
Arkansas proposes to delete all existing language in this section
and replace it with new language pertaining to general backfilling and
grading requirements that are applicable to surface and underground
coal mining operations. The parts of this section that apply strictly
to surface coal mining operations are enclosed in parentheses. The
parts that apply strictly to underground coal mining operations are
italicized and are enclosed in brackets. Arkansas also proposes to
remove existing section 816.103 and to incorporate its content into
revised section 816.102(f).
10. Section 816.104-S, Backfilling and Grading: Thin Overburden
Arkansas proposes to delete all existing language in this section
and replace it with new language that provides a definition for ``thin
overburden'' and performance standards for backfilling and grading
where thin overburden occurs.
11. Section 816.105-S, Backfilling and Grading: Thick Overburden
Arkansas proposes to delete all existing language in this section
and replace it with new language that provides a definition for ``thick
overburden'' and performance standards for backfilling and grading
where thick overburden occurs.
12. Section 816.106, Backfilling and Grading: Steep Slopes and Part
826, Special State Program Performance Standards--Operations on Steep
Slopes
Arkansas proposes to add new section 816.106 regarding backfilling
and grading and performance standards for surface coal mining
activities on steep slopes. Arkansas also proposes to remove existing
part 826 and to incorporate its provisions into new section 816.106.
13. Section 816.107, Backfilling and Grading Previously Mined Areas
Arkansas proposes to revise this section by deleting paragraph (b)
regarding the backfilling and grading of pre-existing highwalls at
remaining operations.
14. Part 823, Special State Program Performance Standards--Operations
on Prime Farmland
Arkansas proposes to delete the existing language in this part and
to replace it with new language. The new language pertains to special
environmental protection performance, reclamation, and design standards
for surface coal mining and reclamation operations on prime farmland.
15. Section 845.18, Procedures for Assessment Conference
At paragraph (b), Arkansas proposes to revise the start of the 60-
day period in which an assessment conference must be held. Currently
the assessment conference is to be held within 60 days from the date of
issuance of the proposed assessment. Arkansas proposes that the
assessment conference
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be held within 60 days from the date the conference request is
received.
16. Section 845.19, Request for Adjudicatory Public Hearing
At paragraph (a), Arkansas proposes to revise the amount of time in
which a person charged with a violation may contest the proposed
penalty or the fact of the violation from the date of service of the
conference officer's action. Currently the person charged with a
violation has 15 days, from the date of service of the conference
officer's action, to contest the proposed penalty or the fact of the
violation. Arkansas proposes to increase the time to 30 days.
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.s.t. on March 13, 1998. 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 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 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 subsection (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. 1291(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(3)(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
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 19, 1998.
Russell W. Frum,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-4862 Filed 2-25-98; 8:45 am]
BILLING CODE 4310-05-M