Arkansas Permanent Regulatory Program

[[Page 14399]]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

Arkansas Permanent 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 permanent regulatory

program (hereinafter, the ``Arkansas program'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The additional

revisions pertain to statutory revisions concerning the definitions of

``unanticipated event or condition'' and ``lands eligible for

remining.'' The amendment is intended to revise the Arkansas program to

be consistent with SMCRA.

This notice sets forth the times and locations that the Arkansas

program and proposed amendment to that program are available for public

inspection, and the reopened comment period during which interested

persons may submit written comments on the proposed amendment.

DATES: Written comments must be received by 4:00 p.m., c.s.t. April 3,

1995.

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 notice 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, OK 74135, Telephone: (918) 581-7927.

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 INFORMATIOIN:

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 statutes

consistent with SMCRA. Arkansas proposed 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.

OSM published a notice in the September 29, 1994, Federal Register

(59 FR 49616) announcing receipt of the amendment and inviting public

comment on the adequacy of the proposed amendment (administrative

record No. AR-526). The public comment period ended October 31, 1994.

During its review of the amendment, OSM identified concerns

relating to Arkansas Code Annotated (ACA) sections 13(k), regarding

remining permit violations, and 15(d)(1), regarding revegetation

performance standards on lands eligible for remining. OSM notified

Arkansas of the concerns by letter dated November 22, 1994

(administrative record No. AR-539). Arkansas responded in a letter

dated March 1, 1995, by submitting a revised amendment package

(administrative record No. AR-540).

In the revised amendment, Arkansas proposes to add the definition

``unanticipated event or condition'' at section 4(18) to mean ``an

event or condition encountered in a remining operation that was not

contemplated by the applicable surface coal mining and reclamation

permit'' and to add the definition ``lands eligible for remining'' at

section 4(19) to mean ``those lands that would otherwise be eligible

for expenditures under Section 6'' of the ACA regarding lands eligible

under the State abandoned mine reclamations program.

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 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 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 1255) 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. [[Page 14400]]

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 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.

V. List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 9, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 95-6590 Filed 3-16-95; 8:45 am]

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