[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Proposed Rules]
[Pages 41506-41508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20716]


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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; 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 referred to as the ``Arkansas program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for 
Arkansas's proposed rules pertain to ASCMRC 701.5, Definitions; ASCMRC 
780.14, Operations Plan: Maps and Plans; ASCMRC 816.46, Hydrologic 
Balance: Siltation Structures; ASCMRC 816.56, Hydrologic Balance: 
Postmining Rehabilitation of Sedimentation Ponds, Diversions, 
Impoundments, and Treatment Facilities; ASCMRC 816.102, Backfilling and 
Grading: General Grading Requirements; ASCMRC 823.11, Applicability; 
and ASCMRC 823.15, Revegetation and Restoration of Soil Productivity. 
Arkansas also proposes to change the old name of the ``U.S. Soil 
Conservation Service'' to its new name of ``Natural Resources 
Conservation Service'' throughout its regulations. 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.

DATES: Written comments must be received by 4:00 p.m., c.d.t., August 
19, 1998.

ADDRESSES: Written comments 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, 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, Arkansas 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
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

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. Discussion 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. The provisions of Arkansas Surface Coal Mining and 
Reclamation Code (ASCMRC) that Arkansas proposes to amend are: ASCMRC 
761.5, Definitions; ASCMRC 780.25, Reclamation Plan: Siltation 
Structures, Impoundments, Banks, Dams, and Embankments; ASCMRC 780.35, 
Disposal of Excess Spoil; ASCMRC 785.17, Prime Farmlands; ASCMRC 
816.21, Topsoil: General Requirements; ASCMRC 816.22, Topsoil: Removal; 
ASCMRC 816.23, Topsoil: Storage; ASCMRC 816.24, Topsoil: 
Redistribution; ASCMRC 816.25, Topsoil: Nutrients and Soil Amendments; 
ASCMRC 816.56, Hydrologic Balance: Postmining Rehabilitation of 
Sedimentation Ponds, Diversions, Impoundments, and Treatment 
Facilities; ASCMRC 816.74, Disposal of Excess Spoil: Pre-existing 
Benches; ASCMRC 816.102, Backfilling and grading: General Grading 
Requirements; ASCMRC 816.103, Backfilling and grading: Covering Coal 
and Acid and toxic forming materials; ASCMRC 816.104-S, Backfilling and 
Grading: Thin Overburden; ASCMRC 816.105-S, Backfilling and Grading: 
Thick Overburden; ASCMRC 816.106, Backfilling and Grading: Steep 
Slopes; ASCMRC Part 826, Special State Program Performance Standards--
Operations on Steep Slopes; ASCMRC 816.107, Backfilling and Grading 
Previously Mined Areas; ASCMRC Part 823, Special State Program 
Performance Standards--Operations on Prime Farmland; ASCMRC 845.18, 
Procedures for Assessment Conference; and ASCMRC 845.19, Request for 
Adjudicatory Public Hearing. Arkansas also proposed to make editorial 
and reference changes in the following sections of 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;

[[Page 41507]]

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.
    OSM announced receipt of the proposed amendment in the February 26, 
1998, Federal Register (63 FR 9747) and invited public comment on its 
adequacy. The public comment period ended March 30, 1998.
    During its review of the amendment, OSM identified concerns 
relating to ASCMRC 816.56, Hydrologic Balance: Postmining 
Rehabilitation of Sediment Ponds, Diversions, Impoundments, and 
Treatment Facilities; ASCMRC 816.102, Backfilling and Grading: General 
Grading Requirements; ASCMRC 823.11, Applicability; and ASCMRC 
823.14(a), Revegetation and Restoration of Soil Productivity. OSM 
notified Arkansas of the concerns by fax dated July 6, 1998 
(Administrative Record No. AR-561.06). Arkansas responded in a letter 
dated July 15, 1998, (Administrative Record No. AR-561.07) by 
submitting a revised amendment.
    Arkansas proposes revisions to ASCMRC 701.5, Definitions; ASCMRC 
780.14, Operations Plan: Maps and Plans; ASCMRC 816.46, Hydrologic 
Balance: Siltation Structures; ASCMRC 816.56, Hydrologic Balance: 
Postmining Rehabilitation of Sedimentation Ponds, Diversions, 
Impoundments, and Treatment Facilities; ASCMRC 816.102, Backfilling and 
Grading: General Grading Requirements; ASCMRC 823.11, Applicability; 
and ASCMRC 823.15, Revegetation and Restoration of Soil Productivity. 
Arkansas also proposes to change the old name of the ``U.S. Soil 
Conservation Service'' to its new name of ``Natural Resources 
Conservation Service'' throughout its regulations.
    Specifically, Arkansas proposes the following changes to its 
regulations.

1. ASCMRC 701.5, Definitions and ASCMRC 816.46, Hydrologic Balance: 
Siltation Structures

    Akransas proposes to amend sections 701.5 and 816.46 by 
transferring to section 701.5, the definition of ``siltation 
structure'' that is in section 816.46(a)(1) and by reserving section 
816.46(a)(1).

2. ASCMRC 780.14, Operations Plan: Maps and Plans

    Arkansas proposes to amend this section by adding a designation for 
paragraph (b)(6), pertaining to water diversions, collection, 
conveyance, treatment, storage, and discharge facilities, to the list 
of paragraphs requiring maps, plans, and cross sections.

3. ASCMRC 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 that all permanent sedimentation ponds, 
diversions, impoundments, and treatment facilities meet the 
requirements of this Chapter for permanent structures, have been 
maintained properly, and meet the requirements of the detailed 
design plan for permanent structures and impoundments. The operator 
shall renovate such structures if necessary to meet the requirements 
of this Chapter and to conform to the approved reclamation plan.

4. ASCMRC 816.102, Backfilling and Grading: General Grading 
Requirements

    Arkansas proposes to revise paragraph (d) to read as follows:

    Spoil may be placed on the area outside the mined-out [surface] 
area in nonsteep slope areas to restore the approximate original 
contour by blending the spoil into the surrounding terrain if the 
following requirements are met:

5. ASCMRC 823.11, Applicability

    Arkansas proposes to revise the editorial note to read as follows:

[Ed. note: Section 823.11(a) is suspended ``insofar as it excludes 
from the requirements of Part 823 those coal preparation plants, 
support facilities, and roads that are part of surface mining 
activities''.]

6. ASCMRC 823.15, Revegetation and Restoration of Soil Productivity

    Arkansas proposes to revise paragraph (b)(6) to read as follows:
    The reference crop on which restoration of soil productivity is 
proven shall be selected from the crops most commonly produced on 
the surrounding prime farmland. Where row crops are the dominant 
crops grown on prime farmland in the area, the row crop requiring 
the greatest rooting depth shall be chosen as one of the reference 
crops.

7. Reference Change

    Arkansas proposes to change the old name of the ``U.S. Soil 
Conservation Service'' to its new name of ``Natural Resources 
Conservation Service'' throughout its regulations.

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 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.

IV. Procedural Determinations

Executive Order 12866

    This proposed 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 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.

[[Page 41508]]

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.

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: July 28, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-20716 Filed 8-3-98; 8:45 am]
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