Permanent program and abandoned mine land reclamation plan submissions: Arkansas,
[Federal Register: September 11, 1998 (Volume 63, Number 176)]
[Proposed Rules]
[Page 48661-48664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se98-33]
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.
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: mwolfrom@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
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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.
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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.
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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.
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ASCMRC Section 701.5 Definition of Land Use
Arkansas is removing and reserving paragraph (c). Paragraph (c) defined the land use category of ``grazingland.''
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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.''
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. 98-24380Filed9-10-98; 8:45 am]
BILLING CODE 4310-05-P
