Arkansas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

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, the ``Arkansas program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The revisions for

Arkansas' proposed statutes pertain to the entities performing

permitting activities that are eligible for assistance under the small

operator's assistance program (SOAP), costs relating to permitting

activities that may be funded under SOAP, Arkansas' responsibility to

assume training costs, and operator reimbursement of Arkansas for the

cost of services rendered under SOAP. The amendment is intended to

revise the Arkansas program to be consistent with SMCRA, as amended.

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

14, 1994.

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 East Skelly Drive, Suite 550,

Tulsa, Oklahoma 74135-6548

Surface Mining & Reclamation Division, Arkansas Department of Pollution

Control & 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' program and program amendments

can be found at 30 CFR 904.12 and 904.15.

II. Submission of Proposed Amendment

By letter dated March 31, 1993 (administrative record No. AR-496),

Arkansas submitted a proposed amendment to its program pursuant to

SMCRA. Arkansas, at its own initiative, submitted the proposed

amendment with the intent of making its statute consistent with

sections 507 (c) and (h) of SMCRA, as revised by the Energy Policy Act

of 1992 (Pub. L. 102-486). Arkansas proposed to amend the Arkansas

Surface Coal Mining and Reclamation Act of 1979 relating to financial

assistance under SOAP. The amendment (1) redefined ``small operator''

to include those operators producing up to 300,000 tons of coal during

the 12 months immediately following the date on which the operator is

issued the surface coal mining and reclamation permit and (2) expanded

the costs of certain permitting activities eligible for payment under

SOAP.

OSM published a notice in the April 22, 1993, Federal Register (58

FR 16634) announcing receipt of the amendment and inviting public

comment on its adequacy (administrative record No. AR-500). The public

comment period ended May 25, 1993.

During its review of the amendment, OSM identified concerns

relating to the authority to implement regulations for SOAP, the costs

related to gathering information for a permit application that can be

funded under SOAP, and the liability of the permit applicant for

reimbursement of the cost of services if the operator exceeds the

allowable production within 12 months of permit issuance. OSM notified

Arkansas of the concerns by letter dated June 23, 1993 (administrative

record No. AR-507).

By letter dated July 22, 1993, Arkansas responded by submitting

additional explanatory information and a revised amendment to address

the concerns identified above (administrative record No. AR-505).

During its review of the revised amendment, OSM identified concerns

relating to (1) Arkansas' use of the phrase ``cross-section maps or

plans'' and (2) reimbursement of costs if the operator exceeds the

allowed actual and attributed annual production of coal. OSM notified

Arkansas of the concerns by letter dated October 19, 1993

(administrative record No. AR-513).

Arkansas responded in a letter dated August 26, 1994, by submitting

additional revisions to its amendment (administrative record No. AR-

521). Arkansas proposes to revise the Arkansas Surface Coal Mining and

Reclamation Act of 1979 at section 13 by (1) designating existing

paragraph (c)(2) as (c)(2)(A); (2) revising paragraph (c)(2)(A) to

specify that the permitting activities eligible for assistance under

SOAP must be performed by a qualified public or private laboratory or

other public or private entity designated by Arkansas; (3) adding

paragraphs (c)(2)(A) (i) through (vi), which specify additional

permitting activities for which an operator may receive assistance

under SOAP; (4) adding paragraph (c)(2)(B), which pertains to Arkansas'

responsibility to assume the cost of training small operators in the

preparation of permit applications and compliance with the regulatory

program and of the assistance available under SOAP; and (5) adding

paragraph (c)(2)(C), which pertains to the operator's responsibility to

reimburse Arkansas for the cost of the services rendered under SOAP if

the operator's actual and attributed annual production of coal for all

locations exceeds 300,000 tons during the 12 months immediately

following the date on which the operator is issued the surface coal

mining and reclamation permit.

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 provision 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 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

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 23, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-24130 Filed 9-28-94; 8:45 am]

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