Arkansas Regulatory Program

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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