[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Proposed Rules]
[Pages 48661-48664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24380]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SPATS No. AR-032-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 and withdrawal of proposed amendment.
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SUMMARY: OSM is announcing the withdrawal of a previously proposed
amendment and the receipt of a new amendment to the Arkansas regulatory
program (Arkansas program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Arkansas is replacing its previously
proposed amendment with a new amendment. Both amendments pertain to
revegetation success standards. We announced receipt of Arkansas'
previously proposed amendment in the January 9, 1998, Federal Register
(63 FR 1396). In the new amendment, Arkansas proposes to revise its
regulations and to add policy guidelines for determining Phase III
revegetation success for areas being restored to various land uses.
Arkansas intends to revise its program to be consistent with the
corresponding Federal regulations.
This document gives the times and locations that the Arkansas
program and new 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
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regarding the public hearing, if one is requested.
DATES: We will accept written comments until 4:00 p.m., c.d.t. on
October 13, 1998. Upon request, we will hold a public hearing on the
proposed amendment on October 6, 1998. We will accept requests to speak
at the hearing until 4:00 p.m., c.d.t. on September 28, 1998.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
You may review 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 at the addresses listed
below during normal business hours, Monday through Friday, excluding
holidays. You 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. Internet:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Arkansas program. You can find background information on
the Arkansas program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the November
21, 1980, Federal Register (45 FR 77003). You can find information on
the removal of the conditions in the January 22, 1982, Federal Register
(47 FR 3108). You can find later actions concerning the Arkansas
program at 30 CFR 904.12, 904.15, and 904.16.
II. Withdrawal of Proposed Amendment
By way of a letter dated November 24, 1997 (Administrative Record
No. AR-560), Arkansas sent us a proposed amendment to its program in
accordance with SMCRA. Arkansas proposed to amend the Arkansas Surface
Coal Mining and Reclamation Code (ASCMRC) to include revegetation
success standards at section 816.116.
We announced receipt of the proposed amendment in the January 9,
1998, Federal Register (63 FR 1396) and invited public comment on its
adequacy. The public comment period ended February 9, 1998. On February
11, 1998, we notified Arkansas of deficiencies in its amendment. By way
of a letter dated August 27, 1998 (Administrative Record No. AR-562),
Arkansas sent us a new amendment. The new amendment replaces Arkansas'
amendment dated November 24, 1997. Therefore, we are withdrawing the
proposed amendment announced in the January 9, 1998 Federal Register.
III. Description of the Proposed Amendment
By way of a letter dated August 27, 1998 (Administrative Record No.
AR-562), Arkansas sent us a new amendment to its program in accordance
with SMCRA. The proposed amendment responds to our November 26, 1985,
and October 14, 1997, letters (Administrative Record Nos. AR-332 and
AR-559.02, respectively) that we sent to Arkansas in accordance with 30
CFR 732.17(c). The amendment also includes changes made at Arkansas'
own initiative. Arkansas proposes to amend the Arkansas Surface Coal
Mining and Reclamation Code and to add revegetation success standard
guidelines to its program. The full text of the proposed program
amendment that Arkansas submitted is available for public inspection at
the locations listed above under ADDRESSES. Below is a brief discussion
of the proposed amendment.
1. ASCMRC Section 701.5 Definition of Land Use
Arkansas is removing and reserving paragraph (c). Paragraph (c)
defined the land use category of ``grazingland.''
2. ASCMRC Section 701.5 Definition of Renewal Resource Lands
Arkansas is revising the definition of ``Renewal Resource Lands''
by correcting a typographical error and removing a reference to the
land use category of ``grazingland.''
3. ASCMRC Section 816.116(b)(1) Revegetation Success Standards for
Areas Developed for Use as Pasture Land
Arkansas proposes to amend section 816.116(b)(1) by removing the
reference to the land use category of ``grazingland.'' Arkansas also
proposes to replace the general phrase ``such other success standards
approved by the Department'' with language that requires ground cover
and production of living plants on the revegetated area to comply with
the criteria contained in its Phase III Revegetation Success Standards
for Pasture and Previously Mined Areas.
4. ASCMRC Section 816.116(b)(2) Revegetation Success Standards for
Areas Developed for Use as Cropland
Arkansas proposes to amend section 816.116(b)(2) by replacing the
general phrase ``such other success standards approved by the
Department'' with language that requires crop production on the
revegetated area to comply with the criteria contained in its Phase III
Revegetation Success Standards for Cropland.
5. ASCMRC Section 816.116(b)(3)(iv) Revegetation Success Standards for
Areas To Be Developed for Fish and Wildlife Habitat, Recreation,
Shelter Belts, or Forest Products
Arkansas is adding a new paragraph (b)(3)(iv) that requires
vegetation success for these areas to comply with the criteria
contained in its Phase III Revegetation Success Standards for Forest
Products or its Phase III Revegetation Success Standards for Recreation
and Wildlife Habitat.
6. ASCMRC Section 816.116(b)(4) Revegetation Success Standards for
Areas To Be Developed for Industrial, Commercial, or Residential Use
Arkansas proposes to amend section 816.116(b)(4) to require that
vegetative ground cover comply with the criteria contained in its Phase
III Revegetation Success Standards for Industrial, Commercial, and
Residential Revegetation.
7. ASCMRC Section 816.116(b)(5) Revegetation Success for Areas
Previously Disturbed by Mining
Arkansas proposes to revise subsection 816.116(b)(5) to require
that vegetative ground cover comply with the criteria contained in its
Phase III Revegetation Success Standards for Pasture and Previously
Mined Areas.
8. Phase III Revegetation Success Standards for Pasture and Previously
Mined Areas
Arkansas is adding policy guidelines for pasture land use areas and
previously mined areas. This policy describes the criteria and
procedures for determining Phase III ground cover and production
success for areas being restored to pasture and for areas that
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were previously mined. It provides general revegetation requirements
and success standards and measurement frequency for ground cover and
forage production. It also includes sampling procedures and techniques,
data submission and analysis criteria, and mitigation plan
requirements.
9. Phase III Revegetation Success Standards for Cropland
Arkansas is adding policy guidelines for cropland. This policy
describes the criteria and procedures for determining Phase III
production success standards for areas being restored to cropland. It
provides success standards and measurement frequency for ground cover
and crop production. It also includes sampling procedures and
techniques, data submission and analysis criteria, and mitigation plan
requirements.
10. Phase III Revegetation Success Standards for Forest Products
Arkansas is adding policy guidelines for forest land use areas.
This policy describes the criteria and procedures for determining Phase
III ground cover and tree and shrub stocking success for areas being
restored to forest. It provides general revegetation requirements and
success standards and measurement frequency for ground cover and tree
and shrub stocking rates. It also includes sampling procedures and
techniques, data submission and analysis criteria, and mitigation plan
requirements.
11. Phase III Revegetation Success Standards for Recreation and
Wildlife Habitat
Arkansas is adding policy guidelines for recreation and wildlife
habitat land use areas. This policy describes the criteria and
procedures for determining Phase III success for areas being restored
to recreation and wildlife habitat. It provides success standards and
measurement frequency for ground cover and tree and shrub stocking. It
also includes sampling procedures and techniques, data analysis
criteria, and mitigation plan requirements.
12. Phase III Success Standards for Industrial/Commercial and
Residential Revegetation
Arkansas is adding policy guidelines for industrial/commercial or
residential land use areas. This policy describes the criteria and
procedures for determining Phase III ground cover success for areas
being restored to an industrial/commercial or residential land use. It
provides general revegetation requirements and success standards and
measurement frequency for ground cover. It also includes sampling
procedures and techniques, data submission and analysis criteria, and
mitigation plan requirements.
IV. Public Comment Procedures
According to the provisions of 30 CFR 732.17(h), we are seeking
comments on whether the proposed amendment satisfies the applicable
program approval criteria of 30 CFR 732.15. If the amendment is
approved, it will become part of the Arkansas program.
Written Comments
Your written comments should be specific and should pertain only to
the issues proposed in this rulemaking. You should explain the reason
for any recommended change. We may not consider in the final rulemaking
or include in the Administrative Record any comments we receive after
the close of the comment period (see DATES) or at locations other than
the Tulsa Field Office.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on
September 28, 1998. We will arrange the location and time of the
hearing with those persons requesting the hearing. If you are disabled
and need special accommodations to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing
will not be held if no one requests an opportunity to speak at the
public hearing.
You should file a written statement at the time you request the
hearing. This will allow us 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. If
you are in the audience and have not been scheduled to speak and wish
to do so, you will be allowed to speak after those who have been
scheduled. We will end the hearing 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. If you wish
to meet with us to discuss the proposed amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We also
make a written summary of each meeting a part of the Administrative
Record.
V. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) under Executive Order
12866 (Regulatory Planning and Review) exempts this rule from review.
Executive Order 12988
The Department of the Interior conducted the reviews required by
section 3 of Executive Order 12988 (Civil Justice Reform) and
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.
National Environmental Policy Act
This rule does not require an environmental impact statement 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 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
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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 determined and certifies under 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: September 3, 1998.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-24380 Filed 9-10-98; 8:45 am]
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