Arkansas Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 904

Arkansas Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing on proposed amendment.

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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 the deletion of the statutory

provision authorizing the Arkansas Commission on Pollution Control and

Ecology to either regulate or not regulate surface coal mining

operations affecting 2 acres or less, and the addition of statutory

provisions pertaining to violations and revegetation performance

standards for remining permits. This amendment is intended to revise

the Arkansas program to be consistent with SMCRA.

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

31, 1994. If requested, a public hearing on the proposed amendment will

be held on October 24, 1994. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., c.d.t. on October 14, 1994. 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.

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 E. Skelly Drive, Suite 550,

Tulsa, Oklahoma 74135

Arkansas Department of Pollution Control and 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's program and program amendments

can be found at 30 CFR 904.12 and 904.15.

II. Proposed Amendment

By letter dated August 26, 1994, Arkansas submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

AR-522). Arkansas submitted the proposed amendment at its own

initiative with the intent of making its coal mining statute consistent

with SMCRA. Arkansas proposes to revise the Arkansas Surface Coal

Mining and Reclamation Act of 1979 at (1) Section 5, jurisdiction and

powers for rules and regulations, (2) section 13, surface coal mining

permits, and (3) section 15, environmental protection performance

standards.

Specifically, Arkansas proposes to revise section 5(b)(1) by

deleting the provision that authorizes the Arkansas Commission on

Pollution Control and Ecology to promulgate rules either exempting or

regulating surface coal mining operations that affect 2 acres or less;

adding section 13(k) indicating that violations incurred under a

remining permit as the result of an unanticipated event or condition

shall not disqualify the holder of that permit from obtaining

subsequent surface coal mining permits; and adding section 15(d)(1)

indicating that remining operations are responsible for successful

revegetation for a period of 2 years after the last year of augmented

seeding, fertilizing, irrigation or other work to assure compliance

with the applicable standards.

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.

1. 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.

2. Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.

c.d.t., on October 14, 1994. The location and time of the hearing will

be arranged with those persons requesting the hearing. If no one

requests an opportunity to testify 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 testify have been heard. Persons in the audience

who have not been scheduled to testify, and who wish to do so, will be

heard following those who have been scheduled. The hearing will end

after all persons scheduled to testify and persons present in the

audience who wish to testify have been heard.

3. Public Meeting

If only one person requests an opportunity to testify 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

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 22, 1994.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-24131 Filed 9-28-94; 8:45 am]

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