[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