[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10646-10647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04910]
[[Page 10646]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
[SATS No. AR-040-FOR; Docket ID: OSM-2012-0017; S1D1SSS08011000
SX064A000 189S180110; S2D2SSS08011000 SX064A000 18XS501520]
Arkansas Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing the withdrawal of a proposed rule pertaining to
an amendment to the Arkansas regulatory program (Arkansas program) and
the Arkansas Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter,
the plan) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Arkansas submitted the amendment to revise
substantial portions of its regulatory program and AMLR Plan to be no
less effective than the counterpart Federal regulations, as well as to
clarify ambiguities, improve operational efficiency, correct grammar
and punctuation, revise dates, and delete and add citations and
subsections.
DATES: The proposed rule published September 10, 2012, at 77 FR 55430,
is withdrawn March 12, 2018.
ADDRESSES: Tulsa Field Office, Office of Surface Mining Reclamation and
Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma
74128.
FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128.
Telephone: (918) 581-6430. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Program and AMLR Plan
II. Submission of the Withdrawal
I. Background on the Arkansas Program and AMLR Plan
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, state laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
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, and 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 Tribes to assume exclusive responsibility
for reclamation activity within the State or on Indian lands if they
develop and submit to the Secretary 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 approved the Arkansas Plan
effective 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. Submission of the Withdrawal
By letter dated June 25, 2012 (Administrative Record No. AR-572),
Arkansas submitted a proposed amendment to its program and plan
pursuant to SMCRA. Arkansas submitted the amendment in response to a
September 30, 2009, letter (Administrative Record No. AR-571) from
OSMRE in accordance with 30 CFR 732.17 (c), concerning multiple changes
to ownership and control requirements. Arkansas also proposed
substantive and nonsubstantive revisions to other sections of its
regulatory program and its abandoned mine land reclamation plan at its
own initiative.
We announced receipt of the proposed amendment in the September 10,
2012, Federal Register (77 FR 55430). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because neither was requested. The public
comment period ended on October 10, 2012. We did not receive any public
comments.
OSMRE reviewed the proposed amendment, and in a letter dated
January 3, 2013 (Administrative Record No. AR-572.03), requested
clarifications and suggested revisions to some provisions. Arkansas
responded with minor revisions to their submittal by a letter dated
January 11, 2013 (Administrative Record No. AR-572.04). OSMRE requested
additional clarifications from Arkansas by email on February 28, 2013
(Administrative Record No. AR-572.05), and on March 5, 2013
(Administrative Record No. AR-572.06). Arkansas responded by email on
March 5, 2013 (Administrative Record No. AR-572.07). On April 24, 2013
(Administrative Record No. AR-572.10), OSMRE notified Arkansas that our
technical review was complete. On April 25, 2013, Arkansas submitted a
revised version of the proposed amendment reflecting all clarifications
and edits made during the technical review period (Administrative
Record No. AR-572.09). On March 6, 2014, Arkansas submitted a revised
amendment that withdrew the proposed changes to Reg.20.817.57
(Administrative Record No. AR-572.11). On July 1, 2014, Arkansas
submitted a final version of the proposed amendment with minor
corrections regarding page numbering and typographical errors
(Administrative Record No. AR-572.12). On July 11, 2014, Arkansas
requested the withdrawal of sections related to its Abandoned Mine Land
and Administrative sections from its original amendment request
(Administrative Record No. AR 572.14).
The Office of the Solicitor, upon their review of the proposed
amendment, found additional inconsistencies with the Federal rule. In a
letter dated August 7, 2017, Arkansas notified us that they were
withdrawing the proposed amendment at this time (Administrative Record
No. AR-572.15). Arkansas stated in the letter that they would submit a
new proposed amendment after working with OSMRE informally to address
the deficiencies.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
[[Page 10647]]
Dated: September 1, 2017.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
Editorial Note: The Office of the Federal Register received this
document on March 7, 2018.
[FR Doc. 2018-04910 Filed 3-9-18; 8:45 am]
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