Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan, 76104-76109 [2011-31292]
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 904
[SATS No. AR–039–FOR; Docket ID: OSM–
2011–0016]
Arkansas Regulatory Program and
Abandoned Mine Land Reclamation
Plan
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Arkansas
regulatory program (Arkansas program)
and the Arkansas abandoned mine land
reclamation plan (Arkansas plan) under
the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Arkansas proposes to revise
substantial portions of their regulatory
program and abandoned mine land
plan, make grammatical changes, correct
punctuation, revise dates, and add
citations. The proposed amendment
consists of substantive changes to
Arkansas regulations regarding
Subchapter A—General Requirements;
Subchapter G—Surface Coal Mining and
Reclamation Operations Permits and
Coal Exploration Procedures Systems;
Subchapter J—Bond and Insurance
Requirements for Surface Coal Mining
and Reclamation Operations;
Subchapter K—State Program
Performance Standards; Subchapter M—
Training Programs for Blasters and
Members of Blasting Crews, and
Certification Programs for Blasters; and
Subchapter R—Abandoned Mine Land
Reclamation.
This document provides the times
and locations that the Arkansas
program, Arkansas plan, and the
proposed amendment are available for
your inspection, the comment period
during which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4
p.m., c.s.t., January 5, 2012. If requested,
we will hold a public hearing on the
amendment on January 3, 2012. We will
accept requests to speak at a hearing
until 4 p.m., c.s.t. on December 21,
2011.
ADDRESSES: You may submit comments,
identified by SATS No. AR–039–FOR,
by any of the following methods:
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SUMMARY:
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• Mail/Hand Delivery: Alfred L.
Clayborne, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma
74128–4629.
• Fax: (918) 581–6419.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM–2011–0016. If you would like
to submit comments go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
Public Comment Procedures heading of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: For access to the docket to
review copies of the Arkansas
regulations, this amendment, a listing of
any scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSM’s Tulsa Field Office; or
you can view the full text of the
program amendment available for you to
read at https://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145,
Tulsa, Oklahoma 74128–4629.
Telephone: (918) 581–6430.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Arkansas Department of Environmental
Quality, 5301 Northshore Drive, North
Little Rock, Arkansas 72118–5317.
Telephone: (501) 682–0744.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Arkansas
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
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law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
(Secretary) conditionally approved the
Arkansas program effective November
21, 1980. You can find background
information on the Arkansas program,
including the Secretary’s findings, the
disposition of comments, and the
conditions of approval of the Arkansas
program in the November 21, 1980,
Federal Register (45 FR 77003). You can
find later actions on the Arkansas
program at 30 CFR 904.10, 904.12,
904.15.
The Abandoned Mine Land
Reclamation Program was established
by Title IV of the Act in response to
concerns over extensive environmental
damage caused by past coal mining
activities. The program is funded by a
reclamation fee collected on each ton of
coal that is produced. The money
collected is used to finance the
reclamation of abandoned coal mines
and for other authorized activities.
Section 405 of the Act allows States and
Indian Tribes to assume exclusive
responsibility for reclamation activity
within the State or on Indian lands if
they develop and submit to the
Secretary of the Interior for approval, a
program (often referred to as a plan) for
the reclamation of abandoned coal
mines. On the basis of these criteria, the
Secretary of the Interior approved the
Arkansas plan on May 2, 1983. You can
find background information on the
Arkansas plan, including the Secretary’s
findings, the disposition of comments,
and the approval of the plan in the May
2, 1983, Federal Register (48 FR 19710).
You can find later actions concerning
the Arkansas plan at 30 CFR 904.25 and
904.26.
II. Description of the Proposed
Amendment
By letter dated August 26, 2011
(Administrative Record No. AR–571.06),
Arkansas submitted a proposed
amendment to its program and plan
pursuant to SMCRA. Arkansas
submitted the amendment in response
to a September 30, 2009 (Administrative
Record No. AR–571), letter from OSM in
accordance with 30 CFR 732.17(c).
Arkansas is also making substantial
changes to other sections of its
regulatory program and its abandoned
mine land plan on its own initiative.
The full text of the program amendment
is available for you to read at the
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locations listed above under ADDRESSES
or at https://www.regulations.gov.
Arkansas proposes to revise every
section title throughout its code by
replacing ‘‘Section’’ with ‘‘Reg.20.’’ and
by deleting the title dates. Arkansas also
plans to replace the references to
‘‘Section’’ with ‘‘Reg.20.,’’ replace the
word ‘‘Director’’ with ‘‘Department,’’
and replace the word ‘‘Chapter’’ with
‘‘Code’’ throughout their regulations.
Arkansas proposes to revise
substantial portions of their regulatory
program and abandoned mine land
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plan, make grammatical changes, correct
punctuation, revise dates, and add
citations. The Arkansas regulations that
contain substantive changes are listed in
the table below.
SUBSTANTIVE CHANGES TABLE
Arkansas Reg. 20. Sections
Title
SUBCHAPTER A—GENERAL PART 700—GENERAL
700.11, 700.12, and 700.16 ...............................................
Rulemaking Initiated by the Commission; Petitions to Initiate Rulemaking; and Employee Protection.
PART 701—STATE PROGRAM
701.5 ..................................................................................
Definitions.
PART 702—EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS
702.13 ................................................................................
Public Availability of Information.
PART 705—RESTRICTIONS ON FINANCIAL INTERESTS OF ENFORCEMENT PERSONNEL
705.1 ..................................................................................
Scope.
PART 762—CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
762.5 ..................................................................................
Definition.
SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PROCEDURES
SYSTEMS
PART 770—GENERAL
770.5 ..................................................................................
Definitions.
PART 771—GENERAL REQUIREMENTS FOR PERMITS AND APPLICATIONS
771.25 ................................................................................
Permit Fees.
PART 776—GENERAL REQUIREMENTS FOR COAL EXPLORATION OPERATIONS
776.17 ................................................................................
Public Availability of Information.
PART 778—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND
RELATED INFORMATION
778.1, 778.2, 778.4, 778.6, 778.9, 778.11, 778.12,
778.13, 778.14, 778.17, 778.20, 778.21, and 778.22.
Scope; Objectives; Responsibility; Applicability, Certifying and Updating Existing Permit Application Information; Applicant and Operator Information; Permit History Information; Property Interest Information; Violation Information; Permit Term Information; Identification of Location of Public Office for Filing of Application; Newspaper Advertisement and Proof of Publication; and Facilities or Structures Used in
Common.
PART 782—UNDERGROUND MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE,
AND RELATED INFORMATION
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782.1–782.21 .....................................................................
Scope; Objectives; Responsibilities; Applicability; Identification of Interests; Compliance Information; Right of Entry and Operation Information; Relationship to Areas
Designated Unsuitable For Mining; Permit Term Information; Personal Injury and
Property Damage Insurance Information; Identification of Other Licenses and Permits; Identification of Location of Public Office for Filing of Application; and Newspaper Advertisement and Proof of Publication.
PART 785—REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
785.14, 785.16, 785.18, and 785.25 ..................................
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Mountaintop Removal Mining; Permits Incorporating Variances from Approximate
Original Contour Restoration Requirements for Steep Slope Mining; Variances for
Delay in Contemporaneous Reclamation Requirements in Combined Surface and
Underground Mining Operations; and Lands Eligible for Remining.
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SUBSTANTIVE CHANGES TABLE—Continued
Arkansas Reg. 20. Sections
Title
PART 786—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
786.1, and 786.3–786.31 ...................................................
Scope; Responsibilities; Pre-Application Conference; Regulatory Coordination with
Requirements under Other Laws; Public Participation in Permit Processing; Review
of Permit Applications; General Provisions for Review of Permit Application Information and Entry of Information into AVS; Review of Applicant, Operator, and
Ownership and Control Information; Review of Permit History; Review of Compliance History; Permit Eligibility Determination; Unanticipated Events or Conditions
at Remining Sites; Eligibility for Provisionally Issued Permits; Written Findings for
Permit Application Approval; Performance Bond Submittal; Permit Conditions; Permit Issuance and Right of Renewal; Initial Review and Finding Requirements for
Improvidently Issued Permits; Notice Requirements for Improvidently Issued Permits; Suspension or Rescission Requirements for Improvidently Issued Permits;
Eligibility to Challenge Ownership or Control Listings and Findings; Procedures for
Challenging an Ownership or Control Listing or Finding; Burden of Proof for Ownership or Control Challenges; Written Decision on Challenges to Ownership or
Control Listings or Findings; Conditions of Permits: Environment, Public Health,
and Safety; Improvidently Issued Permits: General Procedures; and Improvidently
Issued Permits: Recision Procedures.
787.12 ................................................................................
Judicial Review.
PART 788—REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS; POST-PERMIT ISSUANCE
REQUIREMENTS; AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL, AND VIOLATION INFORMATION
788.5, 788.9, 788.10, 788.11, 788.13, 788.14, 788.15,
788.16, 788.17, 788.18, and 788.19.
Definitions; Post-Permit Issuance Requirements and Other Actions Based on Ownership, Control, and Violation Information; Post-Permit Issuance Requirements for
Permittees; Review of Permits; Permit Renewals: General Permit Renewals: Completed Applications; Permit Renewals: Terms; Permit Renewals: Approval or Denial; Transfer, Assignment, or Sale of Permit Rights, Transfer, Assignments, or
Sale of Permit Rights; Transfer, Assignments, or Sale of Permit Rights: Obtaining
Approval; and Requirements for New Permits for Persons Succeeding to Rights
Granted Under a Permit.
SUBCHAPTER J—BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS
PART 800—BONDS AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER THE
STATE PROGRAM
800.23 and 800.40 .............................................................
Self-bonding; and Requirement to Release Performance Bonds.
SUBCHAPTER K—STATE PROGRAM PERFORMANCE STANDARDS
PART 810—STATE PROGRAM PERFORMANCE STANDARDS GENERAL
810.11 ................................................................................
Applicability.
PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES
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816.11, 816.13, 816.14, 816.22, 816.41, 816.42, 816.43,
816.44, 816.46, 816.48, 816.49, 816.50–S, 816.50–U,
816.51–S, 816.52–S, 816.53, 816.54, 816. 55, 816.61–
U, 816.64–U, 816.68, 816.71, 816.100, 816.101–S,
816.101–U, 816.102, 816.106, 816.107, 816.113,
816.114, 816.116, 816.121–U, 816.122–U, 816.133,
816.180, and 816.181.
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Signs and Markers; Casing and Sealing of Drilled Holes General Requirements; Casing and Sealing of Drilled Holes: Temporary; Topsoil and Subsoil; Hydrologic Balance: Protection; Hydrologic Balance: Water Quality Standards and Effluent Limitations; Hydrologic Balance: Diversions; Hydrologic Balance: Stream Channel Diversions; Hydrologic Balance: Siltation Structure; Hydrologic Balance: Acid-forming
and Toxic-forming Spoil; Impoundments, Hydrologic Balance: Ground Water Protection; Hydrologic Balance: Underground Mine Entry and Access Discharges; Hydrologic Balance: Protection of Groundwater Recharge Capacity; Hydrologic Balance: Surface And Groundwater Monitoring; Hydrologic Balance: Transfer Of
Wells; Hydrologic Balance: Water Rights and Replacement; Hydrologic Balance:
Discharge of Water into an Underground Mine; Use of Explosives: General Requirements; Use of Explosives: Public Notice of Blasting Schedule; Use of Explosives: Records of Blasting Operations; Disposal of Excess Spoil: General Requirements; Contemporaneous Reclamation; Backfilling and Grading: Time and Distance Requirements; Backfilling and Grading: General Requirements; Backfilling
and Grading: General Grading Requirements; Backfilling and Grading: Previously
Mined Areas; Backfilling and Grading: Steep Slopes; Revegetation: Timing; Revegetation: Mulching and Other Soil Stabilizing Practices; Revegetation: Standards
for Success; Subsidence Control: General Requirements; Subsidence Control:
Public Notice; Postmining Land Use; Utility Installations; and Support Facilities.
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SUBSTANTIVE CHANGES TABLE—Continued
Arkansas Reg. 20. Sections
Title
PART 817—PERMANENT PROGRAM PERFORMANCE STANDARDS —UNDERGROUND MINING ACTIVITIES
817.1–817.181 ...................................................................
Scope; Objectives; Signs and Markers; Casing and Sealing of Exposed Underground
Openings: General Requirements; Casing and Sealing of Underground Openings:
Temporary; Casing and Sealing of Underground Openings: Permanent; Topsoil
and Subsoil; Hydrologic Balance: Protection; Hydrologic Balance: Water Quality
Standards and Effluent Limitations; Hydrologic Balance: Diversions; Hydrologic
Balance: Sediment Control Measures; Hydrologic Balance: Siltation Structures; Hydrologic Balance: Discharge Structures; Impoundments Hydrologic Balance:
Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and
Treatment Facilities; Hydrologic Balance: Surface Activities in or Adjacent to Perennial or Intermittent Streams; Coal Recovery; Use of Explosives: General Requirements; Use of Explosives: Pre-blasting Survey; Use of Explosives: Public Notice of Blasting Schedule; Use of Explosives: Blasting Signs, Warnings, and Access Control; Use of Explosives: Control of Adverse Effects; Use of Explosives:
Seismographic Measurements; Use of Explosives: Records of Blasting Operations;
Disposal of Excess Spoil: General Requirements; Disposal of Excess Spoil: Valley
Fills/Head-of Hollow Fills; Disposal of Excess Spoil: Durable Rock Fills; Disposal of
Excess Spoil: Pre-Existing Benches; Coal Mine Waste: General Requirements;
Coal Mine Waste: Refuse Piles; Coal Mine Waste: Impounding Structures; Coal
Mine Waste: Burning and Burned Waste Utilization; Disposal of Noncoal Mine
Wastes; Stabilization of Surface Areas; Protection of Fish, Wildlife, and Related
Environmental Values; Slides and Other Damage; Contemporaneous Reclamation;
Backfilling and Grading: General Requirements; Backfilling and Grading: Previously Mined Areas; Backfilling and Grading: Steep Slopes; Revegetation: General Requirements; Revegetation: Timing; Revegetation: Mulching and Other Soil
Stabilizing Practices; Revegetation: Standards for Success; Subsidence Control:
General Requirements; Subsidence Control: Public Notice; Cessation of Operations: Temporary; Cessation of Operations: Permanent; Postmining Land Use;
Roads: General; Roads: Primary Roads; Utility Installations; and Support Facilities.
PART 818—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—CONCURRENT SURFACE AND UNDERGROUND MINING
818.1–818.15 .....................................................................
Scope; Objective; Responsibilities; Applicability; Compliance with Variance; and Additional Performance Standards.
PART 819—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—AUGER MINING
819.11, 819.1, 819.15, 819.17, 819.19, and 819.21 .........
Auger Mining; Auger Mining: Coal Recovery; Auger Mining: Hydrologic Balance;
Auger Mining: Subsidence Protection; Auger Mining: Backfilling and Grading; and
Auger Mining: Protection of Underground Mining.
PART 823—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—OPERATIONS ON PRIME FARMLAND
823.15 ................................................................................
Revegetation and Restoration of Soil Productivity.
PROCEDURES PART 842—INSPECTIONS
842.11 ................................................................................
Inspections
PART 843—ENFORCEMENT
843.11, 843.15, and 843.16 ...............................................
Cessation Orders; Informal Public Hearing; and Formal Review of Citations
PART 845—CIVIL PENALTIES
845.11, 845.13, 845.15, 845.17, 845.18, 845.19, and
845.20.
How Assessments are Made; Point System for Penalties; Assessment of Separate
Violations for Each Day; Procedures for Assessment of Civil Penalties; Procedures
for Assessment Conference; Request for Adjudicatory Public Hearing; and Final
Assessment and Payment of Penalty.
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PART 846—INDIVIDUAL CIVIL PENALTIES
846.5, 846.14, 846.17, and 846.18 ....................................
Definitions; Amount of Individual Civil Penalty; Procedure for Assessment of Individual Civil Penalty; and Payment of Penalty.
PART 847—ALTERNATIVE ENFORCEMENT
847.1–847.16 .....................................................................
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Scope; General Provisions; Criminal Penalties; and Civil Actions for Relief.
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SUBSTANTIVE CHANGES TABLE—Continued
Arkansas Reg. 20. Sections
Title
SUBCHAPTER M—TRAINING PROGRAMS FOR BLASTERS AND MEMBERS OF BLASTING CREWS, AND CERTIFICATION PROGRAMS
FOR BLASTERS
PART 850—PROGRAMS
850.16 ................................................................................
Reciprocity.
SUBCHAPTER R—ABANDONED MINE LAND RECLAMATION
PART 874—GENERAL RECLAMATION REQUIREMENTS
874.12, 874.13, and 874.16 ...............................................
Eligible Lands and Water; Reclamation Objectives and Priorities; and Contractor Eligibility.
PART 877—RIGHTS OF ENTRY
877.11, 877.12, 877.13, and 877.14 ..................................
Consent to Entry; Entry for Studies or Exploration; Entry and Consent to Reclaim;
and Entry for Emergency Reclamation.
PART 879—ACQUISITION, MANAGEMENT AND DISPOSITION OF LANDS AND WATER
879.11, 879.12, 879.13, and 879.15 ..................................
Land Eligible for Acquisition; Procedures for Acquisition; Acceptance of Gifts of Land;
and Disposition of Reclaimed Lands.
PART 882—RECLAMATION ON PRIVATE LAND
882.13 ................................................................................
Liens.
PART 900—PROCEDURES FOR HEARING AND APPEALS
900.2, 900.3, 900.4, 900.5, 900.6, 900.7, 900.9, and
900.12.
Filing of Documents; Form of Documents; Service and Proof of Service; Intervention,
Voluntary Dismissal; Motions; Advancement of Proceedings; and Other Procedures.
PART—920 ADJUDICATORY HEARINGS
920.1, 920.2, 920.3, 920.7, and 920.8 ..............................
Presiding Officers; Powers of Presiding Officers; Notice of Hearing; Initial Orders and
Decisions; and Effect of Initial Order or Decision.
PART 930—DISCOVERY
930.1 ..................................................................................
Discovery.
PART 940—TEMPORARY AND EXPEDITED REVIEW
940.3 ..................................................................................
Procedures for Expedited Review.
PART 960—APPEALS
960.2–960.7 .......................................................................
Appeals: How Taken; Answer; Stay Pending Appeal; Certified Transcript; Record on
Appeal; and Extended Time for Appeals.
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III. Public Comment Procedures
Electronic or Written Comments
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether Arkansas’s
proposed amendment satisfies the
applicable program approval criteria of
30 CFR 732.15. If we approve the
amendment, it will become part of
Arkansas State program.
Under the provisions of 30 CFR
884.15(a), we are requesting comments
on whether the amendment satisfies the
applicable State reclamation plan
approval criteria of 30 CFR 884.14. If we
approve the amendment, it will become
part of the Arkansas plan.
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent State or Federal laws or
regulations, technical literature, or other
relevant publications.
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We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
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information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., c.s.t. on December 21, 2011. If you
are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
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
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please 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 will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
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Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
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comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface
mining, Underground mining.
Dated: October 14, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011–31292 Filed 12–5–11; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 906
[SATS No. CO–040–FOR, Docket ID: OSM–
2011–0002]
Colorado Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and
extension of public comment period on
proposed amendment.
AGENCY:
We are announcing the
receipt of revisions pertaining to a
previously proposed amendment to the
Colorado regulatory program
(hereinafter, the ‘‘Colorado program’’)
under the Surface Mining Control and
Reclamation Act of 1977 (‘‘SMCRA’’ or
‘‘the Act’’). Colorado proposes additions
of rules and revisions to Rules of the
Colorado Mined Land Reclamation
Board for Coal Mining, 2 CCR 407–2,
concerning the protection and
replacement of the hydrologic balance,
subsidence, valid existing rights
determinations, roads, requirements
associated with annual reclamation
reports, prime farmland determinations,
various definitions, permit revisions,
performance bonds, backfill placement
methods and requirements, backfilling
and grading, and revegetation. Colorado
intends to revise its program to improve
operational efficiency.
This document gives the times and
locations that the Colorado program and
proposed amendment to that program
are available for your inspection, the
comment period during which you may
submit written comments on the
amendment, and the procedures that we
will follow for the public hearing, if one
is requested.
SUMMARY:
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
76109
We will accept written
comments on this amendment until
4 p.m., mountain daylight time January
5, 2012. If requested, we will hold a
public hearing on the amendment on
January 3, 2012. We will accept requests
to speak until 4 p.m., mountain daylight
time, on December 21, 2011.
DATES:
You may submit comments,
identified by ‘‘CO–040–FOR’’ or Docket
ID number OSM–2011–0002, using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID OSM–
2011–0002. If you would like to submit
comments via the Federal eRulemaking
portal, go to www.regulations.gov and
follow the instructions.
• Mail, Hand Delivery/Courier:
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
80202, Phone: (303) 293–5012, Fax:
(303) 293–5058, Email:
kwalker@osmre.gov.
Instructions: All submissions received
must include the agency name and
‘‘CO–040–FOR.’’ For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Public
Comment Procedures heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: Access to the docket to review
copies of the Colorado program, this
amendment, a listing of any scheduled
public hearings, and all written
comments received in response to this
document, may be obtained at the
addresses listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting the Office of Surface Mining
Reclamation and Enforcement’s (OSM’s)
Denver Field Division. In addition, you
may review a copy of the amendment
during regular business hours at the
following locations:
ADDRESSES:
Kenneth Walker, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
80202, Phone: (303) 293–5012, Fax:
(303) 293–5058, Email:
kwalker@osmre.gov.
David Berry, Director, Office of Mined
Land Reclamation, Colorado Division
of Reclamation, Mining, and Safety,
Department of Natural Resources,
1313 Sherman Street, Suite 215,
Denver, CO 80203, Email:
David.Berry@state.co.us.
E:\FR\FM\06DEP1.SGM
06DEP1
]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Proposed Rules]
[Pages 76104-76109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31292]
[[Page 76104]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SATS No. AR-039-FOR; Docket ID: OSM-2011-0016]
Arkansas Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Arkansas
regulatory program (Arkansas program) and the Arkansas abandoned mine
land reclamation plan (Arkansas plan) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposes to
revise substantial portions of their regulatory program and abandoned
mine land plan, make grammatical changes, correct punctuation, revise
dates, and add citations. The proposed amendment consists of
substantive changes to Arkansas regulations regarding Subchapter A--
General Requirements; Subchapter G--Surface Coal Mining and Reclamation
Operations Permits and Coal Exploration Procedures Systems; Subchapter
J--Bond and Insurance Requirements for Surface Coal Mining and
Reclamation Operations; Subchapter K--State Program Performance
Standards; Subchapter M--Training Programs for Blasters and Members of
Blasting Crews, and Certification Programs for Blasters; and Subchapter
R--Abandoned Mine Land Reclamation.
This document provides the times and locations that the Arkansas
program, Arkansas plan, and the proposed amendment are available for
your inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.s.t., January 5, 2012. If requested, we will hold a public hearing on
the amendment on January 3, 2012. We will accept requests to speak at a
hearing until 4 p.m., c.s.t. on December 21, 2011.
ADDRESSES: You may submit comments, identified by SATS No. AR-039-FOR,
by any of the following methods:
Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Fax: (918) 581-6419.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM-2011-0016. If you would like to submit comments
go to https://www.regulations.gov. Follow the instructions for
submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the Public Comment Procedures heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to review copies of the Arkansas
regulations, this amendment, a listing of any scheduled public
hearings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSM's Tulsa Field
Office; or you can view the full text of the program amendment
available for you to read at https://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite
145, Tulsa, Oklahoma 74128-4629. Telephone: (918) 581-6430.
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Arkansas Department of Environmental Quality, 5301 Northshore Drive,
North Little Rock, Arkansas 72118-5317. Telephone: (501) 682-0744.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Arkansas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior (Secretary)
conditionally approved the Arkansas program effective November 21,
1980. You can find background information on the Arkansas program,
including the Secretary's findings, the disposition of comments, and
the conditions of approval of the Arkansas program in the November 21,
1980, Federal Register (45 FR 77003). You can find later actions on the
Arkansas program at 30 CFR 904.10, 904.12, 904.15.
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act in response to concerns over extensive
environmental damage caused by past coal mining activities. The program
is funded by a reclamation fee collected on each ton of coal that is
produced. The money collected is used to finance the reclamation of
abandoned coal mines and for other authorized activities. Section 405
of the Act allows States and Indian Tribes to assume exclusive
responsibility for reclamation activity within the State or on Indian
lands if they develop and submit to the Secretary of the Interior for
approval, a program (often referred to as a plan) for the reclamation
of abandoned coal mines. On the basis of these criteria, the Secretary
of the Interior approved the Arkansas plan on May 2, 1983. You can find
background information on the Arkansas plan, including the Secretary's
findings, the disposition of comments, and the approval of the plan in
the May 2, 1983, Federal Register (48 FR 19710). You can find later
actions concerning the Arkansas plan at 30 CFR 904.25 and 904.26.
II. Description of the Proposed Amendment
By letter dated August 26, 2011 (Administrative Record No. AR-
571.06), Arkansas submitted a proposed amendment to its program and
plan pursuant to SMCRA. Arkansas submitted the amendment in response to
a September 30, 2009 (Administrative Record No. AR-571), letter from
OSM in accordance with 30 CFR 732.17(c). Arkansas is also making
substantial changes to other sections of its regulatory program and its
abandoned mine land plan on its own initiative. The full text of the
program amendment is available for you to read at the
[[Page 76105]]
locations listed above under ADDRESSES or at https://www.regulations.gov.
Arkansas proposes to revise every section title throughout its code
by replacing ``Section'' with ``Reg.20.'' and by deleting the title
dates. Arkansas also plans to replace the references to ``Section''
with ``Reg.20.,'' replace the word ``Director'' with ``Department,''
and replace the word ``Chapter'' with ``Code'' throughout their
regulations.
Arkansas proposes to revise substantial portions of their
regulatory program and abandoned mine land plan, make grammatical
changes, correct punctuation, revise dates, and add citations. The
Arkansas regulations that contain substantive changes are listed in the
table below.
Substantive Changes Table
------------------------------------------------------------------------
Arkansas Reg. 20. Sections Title
------------------------------------------------------------------------
SUBCHAPTER A--GENERAL PART 700--GENERAL
------------------------------------------------------------------------
700.11, 700.12, and 700.16........ Rulemaking Initiated by the
Commission; Petitions to Initiate
Rulemaking; and Employee
Protection.
------------------------------------------------------------------------
PART 701--STATE PROGRAM
------------------------------------------------------------------------
701.5............................. Definitions.
------------------------------------------------------------------------
PART 702--EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF
OTHER MINERALS
------------------------------------------------------------------------
702.13............................ Public Availability of Information.
------------------------------------------------------------------------
PART 705--RESTRICTIONS ON FINANCIAL INTERESTS OF ENFORCEMENT PERSONNEL
------------------------------------------------------------------------
705.1............................. Scope.
------------------------------------------------------------------------
PART 762--CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL
MINING OPERATIONS
------------------------------------------------------------------------
762.5............................. Definition.
------------------------------------------------------------------------
SUBCHAPTER G--SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND
COAL EXPLORATION PROCEDURES SYSTEMS
------------------------------------------------------------------------
PART 770--GENERAL
------------------------------------------------------------------------
770.5............................. Definitions.
------------------------------------------------------------------------
PART 771--GENERAL REQUIREMENTS FOR PERMITS AND APPLICATIONS
------------------------------------------------------------------------
771.25............................ Permit Fees.
------------------------------------------------------------------------
PART 776--GENERAL REQUIREMENTS FOR COAL EXPLORATION OPERATIONS
------------------------------------------------------------------------
776.17............................ Public Availability of Information.
------------------------------------------------------------------------
PART 778--SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR
LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION
------------------------------------------------------------------------
778.1, 778.2, 778.4, 778.6, 778.9, Scope; Objectives; Responsibility;
778.11, 778.12, 778.13, 778.14, Applicability, Certifying and
778.17, 778.20, 778.21, and Updating Existing Permit
778.22. Application Information; Applicant
and Operator Information; Permit
History Information; Property
Interest Information; Violation
Information; Permit Term
Information; Identification of
Location of Public Office for
Filing of Application; Newspaper
Advertisement and Proof of
Publication; and Facilities or
Structures Used in Common.
------------------------------------------------------------------------
PART 782--UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS
FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
------------------------------------------------------------------------
782.1-782.21...................... Scope; Objectives; Responsibilities;
Applicability; Identification of
Interests; Compliance Information;
Right of Entry and Operation
Information; Relationship to Areas
Designated Unsuitable For Mining;
Permit Term Information; Personal
Injury and Property Damage
Insurance Information;
Identification of Other Licenses
and Permits; Identification of
Location of Public Office for
Filing of Application; and
Newspaper Advertisement and Proof
of Publication.
------------------------------------------------------------------------
PART 785--REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
------------------------------------------------------------------------
785.14, 785.16, 785.18, and 785.25 Mountaintop Removal Mining; Permits
Incorporating Variances from
Approximate Original Contour
Restoration Requirements for Steep
Slope Mining; Variances for Delay
in Contemporaneous Reclamation
Requirements in Combined Surface
and Underground Mining Operations;
and Lands Eligible for Remining.
------------------------------------------------------------------------
[[Page 76106]]
PART 786--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
------------------------------------------------------------------------
786.1, and 786.3-786.31........... Scope; Responsibilities; Pre-
Application Conference; Regulatory
Coordination with Requirements
under Other Laws; Public
Participation in Permit Processing;
Review of Permit Applications;
General Provisions for Review of
Permit Application Information and
Entry of Information into AVS;
Review of Applicant, Operator, and
Ownership and Control Information;
Review of Permit History; Review of
Compliance History; Permit
Eligibility Determination;
Unanticipated Events or Conditions
at Remining Sites; Eligibility for
Provisionally Issued Permits;
Written Findings for Permit
Application Approval; Performance
Bond Submittal; Permit Conditions;
Permit Issuance and Right of
Renewal; Initial Review and Finding
Requirements for Improvidently
Issued Permits; Notice Requirements
for Improvidently Issued Permits;
Suspension or Rescission
Requirements for Improvidently
Issued Permits; Eligibility to
Challenge Ownership or Control
Listings and Findings; Procedures
for Challenging an Ownership or
Control Listing or Finding; Burden
of Proof for Ownership or Control
Challenges; Written Decision on
Challenges to Ownership or Control
Listings or Findings; Conditions of
Permits: Environment, Public
Health, and Safety; Improvidently
Issued Permits: General Procedures;
and Improvidently Issued Permits:
Recision Procedures.
------------------------------------------------------------------------
787.12............................ Judicial Review.
------------------------------------------------------------------------
PART 788--REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT
RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON
OWNERSHIP, CONTROL, AND VIOLATION INFORMATION
------------------------------------------------------------------------
788.5, 788.9, 788.10, 788.11, Definitions; Post-Permit Issuance
788.13, 788.14, 788.15, 788.16, Requirements and Other Actions
788.17, 788.18, and 788.19. Based on Ownership, Control, and
Violation Information; Post-Permit
Issuance Requirements for
Permittees; Review of Permits;
Permit Renewals: General Permit
Renewals: Completed Applications;
Permit Renewals: Terms; Permit
Renewals: Approval or Denial;
Transfer, Assignment, or Sale of
Permit Rights, Transfer,
Assignments, or Sale of Permit
Rights; Transfer, Assignments, or
Sale of Permit Rights: Obtaining
Approval; and Requirements for New
Permits for Persons Succeeding to
Rights Granted Under a Permit.
------------------------------------------------------------------------
SUBCHAPTER J--BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING
AND RECLAMATION OPERATIONS
------------------------------------------------------------------------
PART 800--BONDS AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND
RECLAMATION OPERATIONS UNDER THE STATE PROGRAM
------------------------------------------------------------------------
800.23 and 800.40................. Self-bonding; and Requirement to
Release Performance Bonds.
------------------------------------------------------------------------
SUBCHAPTER K--STATE PROGRAM PERFORMANCE STANDARDS
------------------------------------------------------------------------
PART 810--STATE PROGRAM PERFORMANCE STANDARDS GENERAL
------------------------------------------------------------------------
810.11............................ Applicability.
------------------------------------------------------------------------
PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING
ACTIVITIES
------------------------------------------------------------------------
816.11, 816.13, 816.14, 816.22, Signs and Markers; Casing and
816.41, 816.42, 816.43, 816.44, Sealing of Drilled Holes General
816.46, 816.48, 816.49, 816.50-S, Requirements; Casing and Sealing of
816.50-U, 816.51-S, 816.52-S, Drilled Holes: Temporary; Topsoil
816.53, 816.54, 816. 55, 816.61- and Subsoil; Hydrologic Balance:
U, 816.64-U, 816.68, 816.71, Protection; Hydrologic Balance:
816.100, 816.101-S, 816.101-U, Water Quality Standards and
816.102, 816.106, 816.107, Effluent Limitations; Hydrologic
816.113, 816.114, 816.116, Balance: Diversions; Hydrologic
816.121-U, 816.122-U, 816.133, Balance: Stream Channel Diversions;
816.180, and 816.181. Hydrologic Balance: Siltation
Structure; Hydrologic Balance: Acid-
forming and Toxic-forming Spoil;
Impoundments, Hydrologic Balance:
Ground Water Protection; Hydrologic
Balance: Underground Mine Entry and
Access Discharges; Hydrologic
Balance: Protection of Groundwater
Recharge Capacity; Hydrologic
Balance: Surface And Groundwater
Monitoring; Hydrologic Balance:
Transfer Of Wells; Hydrologic
Balance: Water Rights and
Replacement; Hydrologic Balance:
Discharge of Water into an
Underground Mine; Use of
Explosives: General Requirements;
Use of Explosives: Public Notice of
Blasting Schedule; Use of
Explosives: Records of Blasting
Operations; Disposal of Excess
Spoil: General Requirements;
Contemporaneous Reclamation;
Backfilling and Grading: Time and
Distance Requirements; Backfilling
and Grading: General Requirements;
Backfilling and Grading: General
Grading Requirements; Backfilling
and Grading: Previously Mined
Areas; Backfilling and Grading:
Steep Slopes; Revegetation: Timing;
Revegetation: Mulching and Other
Soil Stabilizing Practices;
Revegetation: Standards for
Success; Subsidence Control:
General Requirements; Subsidence
Control: Public Notice; Postmining
Land Use; Utility Installations;
and Support Facilities.
------------------------------------------------------------------------
[[Page 76107]]
PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS --UNDERGROUND MINING
ACTIVITIES
------------------------------------------------------------------------
817.1-817.181..................... Scope; Objectives; Signs and
Markers; Casing and Sealing of
Exposed Underground Openings:
General Requirements; Casing and
Sealing of Underground Openings:
Temporary; Casing and Sealing of
Underground Openings: Permanent;
Topsoil and Subsoil; Hydrologic
Balance: Protection; Hydrologic
Balance: Water Quality Standards
and Effluent Limitations;
Hydrologic Balance: Diversions;
Hydrologic Balance: Sediment
Control Measures; Hydrologic
Balance: Siltation Structures;
Hydrologic Balance: Discharge
Structures; Impoundments Hydrologic
Balance: Postmining Rehabilitation
of Sedimentation Ponds, Diversions,
Impoundments, and Treatment
Facilities; Hydrologic Balance:
Surface Activities in or Adjacent
to Perennial or Intermittent
Streams; Coal Recovery; Use of
Explosives: General Requirements;
Use of Explosives: Pre-blasting
Survey; Use of Explosives: Public
Notice of Blasting Schedule; Use of
Explosives: Blasting Signs,
Warnings, and Access Control; Use
of Explosives: Control of Adverse
Effects; Use of Explosives:
Seismographic Measurements; Use of
Explosives: Records of Blasting
Operations; Disposal of Excess
Spoil: General Requirements;
Disposal of Excess Spoil: Valley
Fills/Head-of Hollow Fills;
Disposal of Excess Spoil: Durable
Rock Fills; Disposal of Excess
Spoil: Pre-Existing Benches; Coal
Mine Waste: General Requirements;
Coal Mine Waste: Refuse Piles; Coal
Mine Waste: Impounding Structures;
Coal Mine Waste: Burning and Burned
Waste Utilization; Disposal of
Noncoal Mine Wastes; Stabilization
of Surface Areas; Protection of
Fish, Wildlife, and Related
Environmental Values; Slides and
Other Damage; Contemporaneous
Reclamation; Backfilling and
Grading: General Requirements;
Backfilling and Grading: Previously
Mined Areas; Backfilling and
Grading: Steep Slopes;
Revegetation: General Requirements;
Revegetation: Timing; Revegetation:
Mulching and Other Soil Stabilizing
Practices; Revegetation: Standards
for Success; Subsidence Control:
General Requirements; Subsidence
Control: Public Notice; Cessation
of Operations: Temporary; Cessation
of Operations: Permanent;
Postmining Land Use; Roads:
General; Roads: Primary Roads;
Utility Installations; and Support
Facilities.
------------------------------------------------------------------------
PART 818--SPECIAL STATE PROGRAM PERFORMANCE STANDARDS--CONCURRENT
SURFACE AND UNDERGROUND MINING
------------------------------------------------------------------------
818.1-818.15...................... Scope; Objective; Responsibilities;
Applicability; Compliance with
Variance; and Additional
Performance Standards.
------------------------------------------------------------------------
PART 819--SPECIAL STATE PROGRAM PERFORMANCE STANDARDS--AUGER MINING
------------------------------------------------------------------------
819.11, 819.1, 819.15, 819.17, Auger Mining; Auger Mining: Coal
819.19, and 819.21. Recovery; Auger Mining: Hydrologic
Balance; Auger Mining: Subsidence
Protection; Auger Mining:
Backfilling and Grading; and Auger
Mining: Protection of Underground
Mining.
------------------------------------------------------------------------
PART 823--SPECIAL STATE PROGRAM PERFORMANCE STANDARDS--OPERATIONS ON
PRIME FARMLAND
------------------------------------------------------------------------
823.15............................ Revegetation and Restoration of Soil
Productivity.
------------------------------------------------------------------------
PROCEDURES PART 842--INSPECTIONS
------------------------------------------------------------------------
842.11............................ Inspections
------------------------------------------------------------------------
PART 843--ENFORCEMENT
------------------------------------------------------------------------
843.11, 843.15, and 843.16........ Cessation Orders; Informal Public
Hearing; and Formal Review of
Citations
------------------------------------------------------------------------
PART 845--CIVIL PENALTIES
------------------------------------------------------------------------
845.11, 845.13, 845.15, 845.17, How Assessments are Made; Point
845.18, 845.19, and 845.20. System for Penalties; Assessment of
Separate Violations for Each Day;
Procedures for Assessment of Civil
Penalties; Procedures for
Assessment Conference; Request for
Adjudicatory Public Hearing; and
Final Assessment and Payment of
Penalty.
------------------------------------------------------------------------
PART 846--INDIVIDUAL CIVIL PENALTIES
------------------------------------------------------------------------
846.5, 846.14, 846.17, and 846.18. Definitions; Amount of Individual
Civil Penalty; Procedure for
Assessment of Individual Civil
Penalty; and Payment of Penalty.
------------------------------------------------------------------------
PART 847--ALTERNATIVE ENFORCEMENT
------------------------------------------------------------------------
847.1-847.16...................... Scope; General Provisions; Criminal
Penalties; and Civil Actions for
Relief.
------------------------------------------------------------------------
[[Page 76108]]
SUBCHAPTER M--TRAINING PROGRAMS FOR BLASTERS AND MEMBERS OF BLASTING
CREWS, AND CERTIFICATION PROGRAMS FOR BLASTERS
------------------------------------------------------------------------
PART 850--PROGRAMS
------------------------------------------------------------------------
850.16............................ Reciprocity.
------------------------------------------------------------------------
SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION
------------------------------------------------------------------------
PART 874--GENERAL RECLAMATION REQUIREMENTS
------------------------------------------------------------------------
874.12, 874.13, and 874.16........ Eligible Lands and Water;
Reclamation Objectives and
Priorities; and Contractor
Eligibility.
------------------------------------------------------------------------
PART 877--RIGHTS OF ENTRY
------------------------------------------------------------------------
877.11, 877.12, 877.13, and 877.14 Consent to Entry; Entry for Studies
or Exploration; Entry and Consent
to Reclaim; and Entry for Emergency
Reclamation.
------------------------------------------------------------------------
PART 879--ACQUISITION, MANAGEMENT AND DISPOSITION OF LANDS AND WATER
------------------------------------------------------------------------
879.11, 879.12, 879.13, and 879.15 Land Eligible for Acquisition;
Procedures for Acquisition;
Acceptance of Gifts of Land; and
Disposition of Reclaimed Lands.
------------------------------------------------------------------------
PART 882--RECLAMATION ON PRIVATE LAND
------------------------------------------------------------------------
882.13............................ Liens.
------------------------------------------------------------------------
PART 900--PROCEDURES FOR HEARING AND APPEALS
------------------------------------------------------------------------
900.2, 900.3, 900.4, 900.5, 900.6, Filing of Documents; Form of
900.7, 900.9, and 900.12. Documents; Service and Proof of
Service; Intervention, Voluntary
Dismissal; Motions; Advancement of
Proceedings; and Other Procedures.
------------------------------------------------------------------------
PART--920 ADJUDICATORY HEARINGS
------------------------------------------------------------------------
920.1, 920.2, 920.3, 920.7, and Presiding Officers; Powers of
920.8. Presiding Officers; Notice of
Hearing; Initial Orders and
Decisions; and Effect of Initial
Order or Decision.
------------------------------------------------------------------------
PART 930--DISCOVERY
------------------------------------------------------------------------
930.1............................. Discovery.
------------------------------------------------------------------------
PART 940--TEMPORARY AND EXPEDITED REVIEW
------------------------------------------------------------------------
940.3............................. Procedures for Expedited Review.
------------------------------------------------------------------------
PART 960--APPEALS
------------------------------------------------------------------------
960.2-960.7....................... Appeals: How Taken; Answer; Stay
Pending Appeal; Certified
Transcript; Record on Appeal; and
Extended Time for Appeals.
------------------------------------------------------------------------
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Arkansas's proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If we approve
the amendment, it will become part of Arkansas State program.
Under the provisions of 30 CFR 884.15(a), we are requesting
comments on whether the amendment satisfies the applicable State
reclamation plan approval criteria of 30 CFR 884.14. If we approve the
amendment, it will become part of the Arkansas plan.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
[[Page 76109]]
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.s.t. on
December 21, 2011. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and
time of the hearing with those persons requesting the hearing. If no
one requests an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please 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 will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 14, 2011.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2011-31292 Filed 12-5-11; 8:45 am]
BILLING CODE 4310-05-P
