[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19526] [[Page Unknown]] [Federal Register: August 10, 1994] _______________________________________________________________________ Part X Department of the Interior _______________________________________________________________________ Office of Surface Mining Reclamation and Enforcement _______________________________________________________________________ 30 CFR Part 903 Surface Mining and Reclamation Operations Under a Federal Program for Arizona; Proposed Rule DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 903 RIN 1029-AB 81 Surface Mining and Reclamation Operations Under a Federal Program for Arizona AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior (DOI) proposes a Federal program to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands in the State of Arizona. This includes surface effects of underground coal mining. This proposed program is necessary in order to regulate surface coal mining activities that may be taken in Arizona under applicable provisions of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), and under regulations found in 30 CFR Part 736, in the absence of a State program. DATES: Written comments: OSM will accept written comments on the proposed rule until 4:00 p.m. local time on October 11, 1994 Public hearings: Upon request, OSM will hold a public hearing on the proposed rule in Phoenix, Arizona on September 26, 1994 at 9:30 a.m. local time. OSM will accept requests for public hearings until 4:00 p.m. local time on September 9, 1994. Individuals wishing to attend but not testify at any hearing should contact a person identified under FOR FURTHER INFORMATION CONTACT beforehand to verify that the hearing will be held. ADDRESSES: Written comments: Mail or hand-deliver to: Office of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW, Suite 1200, Albuquerque, New Mexico, 87102. Public hearings: The addresses and times for any hearings which may be scheduled will be announced prior to the hearings. Requests for public hearings: Submit requests orally or in writing to a person and address specified under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Thomas E. Ehmett, Office of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW, Suite 1200, Albuquerque, New Mexico 87102; Telephone (505) 766-1486; or Nancy Broderick, Branch of Federal and Indian Programs, Division of Regulatory Programs, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue NW, Washington, DC 20240; Telephone (202) 208-2564. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures. II. Background. III. Discussion of Proposed Rule. IV. Procedural Matters. I. Public Comment Procedures Availability of Copies Copies of the proposed Arizona Federal regulatory program and all written comments received in response to this notice will be available for public inspection and may be obtained at the OSM office listed above under ADDRESSES Monday through Friday, 9:00 am to 4:00 pm local time, excluding holidays. Written Comments Written comments on the proposed rules should be specific, pertain to issues pertinent to the proposed rules, and explain the reason for any recommendation. Where possible, commenters should submit three copies of their comments (see ADDRESSES). Comments received after the time indicated under DATES or delivered to addresses other than Albuquerque, New Mexico will not necessarily be considered or included in the Administrative Record for the final rule. Public Hearing OSM will hold public hearings on the proposed rule on request only. The time, date, and address scheduled for the hearing in Phoenix, Arizona, is specified previously in this notice (see DATES and ADDRESSES). Any person interested in participating at the hearing should inform Mr. Ehmett or Ms. Broderick (see FOR FURTHER INFORMATION CONTACT) either orally or in writing by 4:00 p.m. local time September 9, 1994. If no one has contacted Mr. Ehmett or Ms. Broderick to express an interest in participating in a hearing by that date, the hearing will not be held. If only one person expresses an interest, a public meeting rather than a hearing may be held and the results included in the Administrative Record. If a hearing is held, it will be transcribed and will continue until all persons in attendance wishing to testify have been heard. To assist the transcriber and ensure an accurate record, OSM requests that persons who testify at a hearing give the transcriber a copy of their testimony. To assist OSM in preparing appropriate questions, OSM also requests that persons who plan to testify submit an advance copy of their testimony to OSM, at least two working days prior to the hearing. The testimony should be submitted to the address previously specified for the submission of written comments (see ADDRESSES). Any disabled individual who has need for a special accommodation to attend a public hearing should contact the individual listed under FOR FURTHER INFORMATION CONTACT. II. Background Under Sec. 504(a) of the Surface Mining Control and Reclamation Act of 1977 (SMRCA), 30 U.S.C. 1201 et seq., the Secretary of the Interior (the Secretary) is required to promulgate a Federal program for a State for, among other reasons, the failure of the State to submit a proposed State program to the Secretary. Upon promulgation of a Federal regulatory program, the Secretary becomes the regulatory authority. Once a decision is made that a Federal regulatory program is necessary for a State, the Secretary must make several determinations before promulgating a program. Section 504(a) of SMCRA requires that the Secretary take into consideration the nature of the State's terrain, climate, biological, chemical, and other relevant physical conditions. This requirement is also set forth in the regulations for the promulgation of Federal programs at 30 CFR Part 736. Section 505(b) of SMCRA and 30 CFR 736.22(a)(1) also provide that if a State has more stringent land use and environmental protection laws or regulations, they shall not be construed to be inconsistent with SMCRA or the Secretary's regulations. If the State's laws or regulations establish more stringent standards than those of SMCRA or the Secretary's regulations, or if the State regulates any aspect of the environment which neither SMCRA nor the Secretary's regulations protect, the Secretary would then specifically preserve those State standards in the Federal program. Thus the Secretary believes that the requirements of Sec. 505(b) of SMCRA can best be met by identifying any State laws and regulations which impose equivalent or more stringent environmental controls and by listing them in Sec. 903.700(e) of the Federal program. Also, in promulgating a program for a State, Section 504(g) of SMCRA specifies that any State statutes or regulations which regulate surface mining and reclamation operations subject to SMCRA will be superseded and preempted by the Federal program to the extent that they interfere with the achievement of the purposes and requirements of SMCRA and the Federal program. This provision is reinforced by Sec. 505(a) of SMCRA, which states that only those State laws and regulations that are inconsistent with SMCRA and its implementing regulations shall be superseded by the Federal program. Thus, State statutes and rules regulating the same activities as those covered by the Federal statute and regulations, but which do not provide as much protection as do the Federal statute and regulations are considered to interfere with the achievement of the purposes of SMCRA and must be identified and preempted. Finally, according to Sec. 504(h) of SMCRA, a Federal program must include a process for coordinating the review and issuance of surface mining permits with other Federal or State permits applicable to the proposed operation. The Federal statutes with which compliance must be coordinated in the issuance of a surface mining permit are set out at 30 CFR 736.22(c). State statutes for which a permit is required must be identified in the process of promulgating a Federal program, and the Federal program must provide for coordination with the permit review and issuance procedures required by those statutes. Federal programs are based on the Secretary's permanent program regulations, 30 CFR Chapter VII, Subchapters A, F, G, H, J, K, L, and M, which implement five essential aspects of the surface coal mining regulatory program: permitting, performance standards, designation of lands as unsuitable for mining, bonding, and inspection and enforcement. These regulations establish procedures and performance standards under SMCRA and form the benchmark for State and Federal regulatory programs. The permanent regulations refer to the ``regulatory authority,'' which is the Secretary under a Federal program. The Secretary has delegated all of his authority under SMCRA to the Assistant Secretary-- Land and Minerals Management. (Secretarial Order No. 3013, Nov. 9, 1977, and Order No. 3099, Dec. 22, 1983). With limited exceptions, the Assistant Secretary has in turn redelegated all of this authority under SMCRA to the Director, OSM (216 Departmental Manual 1, November 9, 1977). Thus, the Director of OSM is the official directly responsible for the implementation of a Federal regulatory program. The parts of the permanent regulatory program regulations that must be included in a Federal program are listed at 30 CFR 736.22(b). They include general requirements and definitions (Parts 700 and 701), the exemption for coal extraction incident to government-financed highway or other construction (Part 707), the designation of lands as unsuitable for surface mining (Parts 761, 762, and 769), permits and permit applications (Subchapter G), small operator assistance (Subchapter H), reclamation bonding (Subchapter J), performance standards (Subchapter K), inspection and enforcement (Parts 842, 843, and 845), and blaster training and certification (Subchapter M). Federal programs are promulgated by means of cross-referencing the permanent program rules which set the substantive standards. Cross- referencing avoids duplication of the full text of the permanent regulatory program rules for each Federal program. The proposed Federal regulatory program for Arizona would establish 30 CFR Part 903. Sections within Part 903 would cross-reference the counterpart permanent program rules. For example, for general requirements for permits and permit applications, proposed Sec. 903.773 of the Arizona Federal regulatory program would cross-reference 30 CFR Part 773 of the permanent program rules by stating that 30 CFR Part 773 shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. For each particular permanent program regulation which needs to be modified for use in a Federal program, an additional paragraph or paragraphs would be added under the appropriate section to modify that particular permanent regulatory program standard to make it applicable to the Federal program State or to add additional requirements or standards. One effect of cross-referencing in a Federal program is that if a permanent program rule is revised, the corresponding Federal program rule would be similarly revised. However, the notice of proposed rulemaking would invite comments not only on the proposed rule generally, but also on how it might affect a particular Federal program. If certain changes were needed for a Federal program, then a separate provision would be added to the Federal program regulation that is the counterpart to the permanent program rule. Several provisions of the permanent program rules are already applicable to all Federal programs because they were promulgated for application to all regulatory programs and therefore need not be cross- referenced here. These provisions are 30 CFR Chapter VII, Subchapter P--Protection of Employees; Part 706-Restrictions on Financial Interests of Federal Employees; Part 769--Petition Process for Designation of Federal Lands Unsuitable for Surface Coal Mining; Subchapter D--Federal Lands Program; Part 955--Certification of Blasters in Federal Program States and on Indian lands. On October 6, 1982, OSM published in the Federal Register a proposed Federal program to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands in Arizona (47 FR 44194). During the public comment period, OSM was informed by Arizona officials that all known coal reserves in Arizona are located on Indian lands. Based on this information, OSM determined at that time that a Federal program for Arizona for non-Federal and non-Indian lands was not necessary. Therefore, by notice published in the Federal Register on January 4, 1983, OSM withdrew its proposal for a Federal program (48 FR 273). Subsequently, OSM has determined that a regulatory program in Arizona is needed in the event that coal exploration and surface coal mining and reclamation operations should occur on non-Federal and non- Indian lands in Arizona in the future. The State of Arizona has elected not to pursue primacy under a State program at this time. Consequently, pursuant to Sec. 504(a) of SMCRA, OSM is once again proposing a Federal program in Arizona to regulate coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands. III. Discussion of Proposed Rule As mentioned above, when promulgating a Federal program for a State, the Secretary is required by Section 504(a) of SMCRA to take into consideration the nature of the terrain, climate, biological, chemical, and other relevant physical conditions of that State. OSM has reviewed the Arizona laws and regulations to determine whether they suggest that special provisions may be necessary or appropriate based on special terrain or other physical conditions in the State. Review of State Law In connection with its 1982 proposal, OSM reviewed Arizona State statutes to determine which ones provide regulatory requirements for coal exploration and surface coal mining and reclamation operations as defined by SMCRA, and to identify provisions that might be either more stringent than or inconsistent with the requirements of SMCRA. The more stringent requirements, whether State or Federal, would be adopted for this program by listing in the proposed rules the Arizona State statutes that set different controls and for which compliance is required in the surface coal mining and reclamation operation. Determining whether the State statutes are more stringent than the Federal regulations was done on a case-by-case basis. Citation in the proposed Federal program of State statutes with which compliance is required is not meant as an adoption of those State statutes and regulations for purposes of enforcement by OSM. Citation of such statutes is intended as an aid to persons who must comply with both the Federal program requirements and State statutes. However, if a State law is cited below as interfering with the achievement of the purposes of SMCRA, it would be superseded to the extent that it is less stringent than the Federal program. In accordance with 30 CFR Part 736, OSM has tentatively identified the following statutes and regulations which, in certain circumstances, impose stricter environmental controls than are provided for under SMCRA or the Federal regulations. Section 903.700(e) of the proposed Federal program for Arizona lists the Arizona laws which OSM has tentatively identified as setting more stringent land use and environmental controls for surface mining. The list set forth below is based in part on the list published on October 6, 1982 (47 FR 44194), and may need to be updated in a final rule adopting an Arizona Federal program. Those more stringent Arizona statutes are described and summarized as follows: (1) The Arizona Commission of Agriculture and Horticulture has authority to abate public nuisances including noxious weed seeds. Arizona Revised Statutes (A.R.S.) Section 3-231 to Section 3-242. Violation of this statute is a misdemeanor. (2) It is unlawful to injure any bird or harass any bird upon its nest to remove the nests or eggs of any bird without prior authorization of the Arizona Game and Fish Commission. A.R.S. Section 17-236. (3) A bridge, dam, dike, or causeway may not be constructed over or in a navigable river or other navigable water without the authorization of the Governor. A.R.S. Section 18-301. (4) The Department of Mineral Resources has jurisdiction over the mining of minerals, and oil and gas under Title 27 of the Arizona Revised Statutes. One of the functions of that Department is the prevention and elimination of hazardous dust conditions. A.R.S. Section 27-128. Violation of orders of state mine inspectors respecting dust prevention and control is a misdemeanor. (5) Roads leading into waste dump areas and tailing areas from inhabited or public areas are required to be blocked off and warning signs posted on the perimeter of such areas. A.R.S. Section 27-317. (6) The primary responsibility for the control and abatement of air pollution rests with the Arizona Department of Health Services and its Hearing Board. The Department is responsible for the establishment and enforcement of air pollution emission standards and ambient air quality standards as a part of a comprehensive air quality plan for Arizona. A.R.S. Title 49. (7) The Arizona Department of Water Resources has jurisdiction over State water, including ``surface waters.'' ``Surface waters'' means ``the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds, and springs on the surface. For the purposes of administering this title surface water is deemed to include Central Arizona Project water.'' A.R.S. Section 45- 101. It is a misdemeanor to knowingly use the water of another, or divert water from a stream, waste water or obstruct water flowing into a water work. A.R.S. Section 45-112. Possession of water lawfully denied to the possessor is prima facie evidence of one's guilt. A.R.S. Section 45-112. If water is to be used for mining purposes, the water rights may be severed from the land rights and transferred separately. The separation and transference of water rights are subject to numerous limitations, A.R.S. Section 45-172. (8) Dams are defined as ``any artificial barrier, including appurtenenant works for the impounding or diversion of water except those barriers for the purpose of controlling liquid borne material, twenty-five or more in height or the storage capacity of which will be more than fifty acre feet, but does not include any such barrier which is or will be less than six feet in height, regardless of storage capacity, or which has or will have a storage capacity not in excess of fifteen acre feet, regardless of height.'' A.R.S. Section 45-701. The construction, operation, repair or alteration of any dam without the prior approval of the Director of Water Resources is a misdemeanor. A.R.S. Section 45-702 to Section 45-716. In accordance with 30 CFR Part 736, OSM has tentatively identified the following statutes and regulations as which, in certain circumstances, interfere with achievement of the purposes of SMCRA and the Federal program. Accordingly, OSM proposes to preempt them to the extent they relate to surface coal mining and reclamation operations subject to regulation under SMCRA. Section 903.700(f) of the proposed Federal program for Arizona lists the Arizona statutes and regulations which OSM has tentatively identified as interfering with the achievement of the purposes of SMCRA. The list set forth below is based on the list published on October 6, 1982 (47 FR 44194), and may need to be updated in a final rule adopting an Arizona Federal program. Those less stringent Arizona statutes and regulations are: (1) Arizona Open Pits Mining Statute, A.R.S. Section 27-421 to Section 27-425. (2) Arizona Administrative Code Rules 11-1-1301 through 11-1-1315. Thus, OSM proposes that the Arizona statutes and regulations described above be followed only to the extent that they are not inconsistent with the regulation of coal exploration, surface coal mining operations, or the reclamation of surface coal mined lands in the State of Arizona pursuant to the proposed Federal regulations. Comment is invited on whether the Arizona laws identified in Section 903.700(e) of the proposed Federal Program accurately reflect more stringent Arizona environmental controls which adequately modify the permanent program for application to Arizona so as to take into consideration the nature of the State's relevant physical conditions. Comment is similarly invited on whether the Arizona laws identified in Section 903.700(f) of the proposed Federal Program would interfere in certain circumstances with achievement of the purposes of SMCRA and the Federal program. Comment is also invited concerning any other Arizona laws and regulations which establish more stringent or less stringent land use and environmental controls than SMCRA, which may not be included in this proposed rule, or which may have been revised or adopted since 1982. Content and Organization of the Federal Program This proposed rule, 30 CFR Part 903, is consistent with the previously proposed rulemaking of October 6, 1982 (47 FR 44194), except that this rulemaking includes modifications to account for revisions to the permanent program rules that have taken place during the period between proposed rulemakings. The content and organization of the proposed Federal program for Arizona would generally follow the permanent program regulations. However, as discussed above, instead of the full text appearing, each section includes only a reference to the pertinent permanent program regulation section. Sections 903.700(e) and (f) set out both more stringent and inconsistent State statutes. A separate paragraph is proposed to be added under each section where there are deviations from the Federal permanent program regulations for the Arizona Federal program. These paragraphs will generally be found in a subsection (b). The content and organization of the proposed Arizona Federal program would be based on the following provisions of the Federal permanent program regulations, 30 CFR Chapter VII: Subchapter A--General Subchapter F--Areas Unsuitable for Mining Subchapter G--Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems under Regulatory Programs Subchapter H--Small Operator Assistance Subchapter J--Bond and Insurance Requirements for Bonding of Surface Coal Mining and Reclamation Operations Subchapter K--Permanent Program Performance Standards Subchapter L--Permanent Program Inspection and Enforcement Procedures Part 955--Certification Program for Blasters Technical literature cited by OSM in the preambles to the permanent regulatory program (44 FR 14901-15309, March 13, 1979) and the regulatory reform rulemaking notices ending September 30, 1983, was relied upon in developing the Arizona Federal program. The reader is referred to those preambles for a discussion of the bases and purposes of the permanent program rules proposed to be referenced in the Arizona program without substantive change. The numbering system of the permanent program regulations has been incorporated into the numbering system for the proposed Arizona Federal program. Subchapter T of 30 CFR Chapter VII has been established to include regulatory programs by State in alphabetical order, and each State has been assigned a part number. As previously indicated, the regulatory program for Arizona is assigned Part 903. Program elements have been categorized under headings similar to the subchapter titles of the permanent program in 30 CFR Chapter VII. Detailed Discussion of the Arizona Program General Section 903.700 would contain six subsections: the first four subsections, 903.700(a), (b), (c), and (d), would contain general statements on the scope and applicability of the program. Section 903.700(e) would indicate Arizona State laws that have been identified as having provisions that regulate activities involved in surface coal mining operations and that have provisions that in some instances are more stringent than SMCRA and the Secretary's regulations. Section 903.700(f) would identify Arizona State laws and regulations that interfere with achievement of the purpose of SMCRA and Federal regulations. These identified State laws and regulations would be preempted and superseded. Sections 903.701 through 903.707 would establish the same provisions, where applicable, as 30 CFR Chapter VII, Subchapter A, General. Section 903.701(a) would contain all applicable general requirements, including the definitions in 30 CFR 700.5 and 701.5. Subsection (b) is proposed to be added at Sec. 903.701 to make clear that beginning on the effective date of this program and continuing until an operation has a permanent program permit issued by OSM, compliance with the interim program standards in 30 CFR Chapter VII, Subchapter B is required. Section 502(c) of SMCRA provides that all surface coal mining operations on lands on which such operations are regulated by a State shall comply with the interim program standards until a permanent program permit is issued. Paragraph (c) of Sec. 903.701 would provide that records required by 30 CFR 700.14 to be made available locally to the public shall be retained at the OSM Albuquerque Field Office. Section 703.702 would establish the same requirements as Part 702, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals. Section 903.707 would establish the same requirements as Part 707, Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction. Permit Fees Section 903.736 Permit fees, would establish the same provisions as 30 CFR section 736.25. Areas Designated Unsuitable for Mining Sections 903.761 through 903.764 would establish the same provisions, where applicable, as 30 CFR Chapter VII, Subchapter F, Areas Unsuitable for Mining. However, 30 CFR 736.15(b)(1) provides that the procedures and criteria for designating lands unsuitable shall be implemented one year after a Federal program is made effective for a State. Therefore, Sec. 903.764 provides that Part 764 shall apply beginning one year after the effective date of the Arizona program. No separate section for Federal lands is proposed because 30 CFR Part 769 is directly applicable and need not be made a part of a Federal program for a State. Permits and Coal Exploration Approvals Sections 903.772 through 903.785 would establish the same provisions, where applicable, as 30 CFR Chapter VII, Subchapter G, Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Under Regulatory Programs. The following amplifications are being proposed: For exploration applications where 30 CFR 772.12 applies, Sec. 903.772(b) would require that upon receipt of notification from the regulatory authority of the submission of an administratively complete application for an exploration permit, the applicant shall publish one public notice of the filing in a newspaper of general circulation in the county of the proposed exploration area, and provide proof of this publication to the regulatory authority within one week after the newspaper notice is published. Section 903.772(c) would allow thirty (30) days after publication of the public notice for persons adversely affected to file written comments. Section 903.772(d) would require the regulatory authority to act upon a complete exploration application and any written comments within 15 days from the close of the comment period unless additional time is necessary due to the number of, or complexity of the issues. In Sec. 903.773, Requirements for permits and permit processing, proposed subsection (b) would list Federal laws and corresponding or relevant State laws that need coordination by OSM to prevent or minimize duplication of effort with Arizona. Section 905.773(c) as proposed contains the stipulation that no person may conduct coal exploration or surface coal mining and reclamation operations without first obtaining all other necessary permits from the State. This section, which lists State laws with which the Secretary will endeavor to coordinate when issuing a permit under this Federal program, is based on the list published on October 6, 1982, (47 FR 44194) and may have to be updated in a final rule establishing a Federal program for Arizona. The State laws requiring coordination are summarized below: (1) Arizona towns and cities are given long-range development and planning responsibility for their jurisdictions, are authorized to issue zoning ordinances and regulate the industrial use of municipal land and establish special zoning districts (A.R.S. Section 9-461 to Section 9-462-01). Arizona counties have general permitting authority and violation of a county building permit is a petty offense. A.R.S. 11-322 et seq. Each County's Board of Supervisors has responsibility for promulgating and enforcing the zoning ordinances for the county, and it is unlawful to use land in violation of a zoning regulation, ordinance or permit; violation of such regulation, ordinance or permit is a misdemeanor. A.R.S. Section 11-808, Section 11-803, and A.R.S. Section 11-821. (2) The Arizona law concerning the perfection of mining claims and the establishment of claims to mineral rights is found in A.R.S. Section 27-201 to 27-210. Notice of such a claim must be recorded within 90 days in the appropriate office of the County having jurisdiction over the recording of land claims. A.R.S. Section 27-203. (3) A mineral exploration permit is required before prospecting is allowed on public land. A.R.S. Section 27-251 to Section 27-256. (4) A permit from the Department of Health Services is required for the discharge of solid wastes and air pollutants. A.R.S. Title 49, Chapters 1 and 2. (5) An installation permit is required before any pollution-causing equipment may be installed. Before the equipment can commence operation an operating permit is required. The permits are not automatically transferable. It is a misdemeanor to violate any air pollution permit, ordinance or statute, and criminal intent is not an element of proof. A.R.S. Title 49. (6) The Department of Health Services has the responsibility for issuing water pollutant discharge permits. A.R.S. Title 49, Chapter 2. (7) It is unlawful to discharge wastes or drainage into State waters or reduce water quality below water quality standards or discharge pollutants into waters without a permit from the Department of Health Services, A.R.S. Title 45. (8) The Department of State Lands has the responsibility for issuing mineral prospecting permits for State lands. A.R.S. Section 37- 231. (9) The waters from all sources belong to the State and are subject to appropriation and beneficial use. In order to appropriate water or make a beneficial use of water, a permit is required from the Director of the Department of Water Resources. The approval of the Director is required before such a permit may be transferred. A secondary permit from the Director is required before use may be made of reservoir waters. A.R.S. Title 45. Comment is invited concerning the accuracy of this list, and is also invited concerning any other Arizona laws requiring coordination under Section 903.773 which may not be included in this proposed rule, or which may have been revised or adopted since 1982. In addition to the requirements under the permanent program rules, OSM proposes adding other provisions for permit review. More detail is necessary when OSM is the regulatory authority in order to provide direction to the permit applicant. Section 903.773(d) would establish specific permit application review procedures. This is necessary to dispose of grossly deficient applications early in processing, to provide a procedure for obtaining additional information, and to indicate the procedure for determinations of completeness. The proposed rule at Sec. 903.773(e) would allow OSM to require an applicant to submit supplemental information to ensure compliance with applicable Federal laws and regulations other than SMCRA and its implementing regulations. The proposed rule at Sec. 903.773(f) would establish, pursuant to 30 CFR 773.15(a)(1), a time period of 60 days from the close of the comment period for the regulatory authority to issue a written decision unless additional time is necessary due to the number of, or complexity of the issues. The proposed rule at Sec. 903.773(g) would establish a procedure for ensuring confidentiality of qualified permit application information. Such information would have to be labeled confidential and submitted separately to be reviewed by OSM for withholding from disclosure. In addition, Sec. 903.773(g)(1) would require the public notice required by Sec. 903.773(d)(3) to identify the type of information considered to be confidential. Finally, Sec. 903.773(g)(2) would require OSM to rule on the confidentiality of labeled application information within ten days of the last publication of the notice required under Sec. 903.773(d)(3). The proposed rule at Sec. 903.774(b) would provide that a revision of the permit that may have the potential to adversely impact the potential for the achievement of reclamation and the post-mining land use shall be considered significant. In addition, the rule provides that WSC shall consider the following factors as well as other relevant factors in determining the significance of a proposed revision: (1) Changes in production or recoverability of the coal resource; (2) The environmental effects; (3) The public interest in the operation, or likely interest in the proposed revision; and (4) Possible adverse impacts from the proposed revision on fish or wildlife, endangered species, bald or golden eagles, or cultural resources. A significant revision would require public notice and would be subject to a formal hearing if one is requested. The proposed rule at Sec. 903.774(c) would require that OSM approve or disapprove non-significant permit revisions within a reasonable amount of time. The proposed rule at Sec. 903.774(d) would allow 30 days for any person having an interest that is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights to submit written comments after publication of the notice required by 30 CFR 774.17(b)(2). The proposed rule at Sec. 903.774(e) would allow interested persons and public entities 30 days from the last publication of the notice to submit written comments of objections on an application for significant revision or permit renewal. The permanent program regulations at 30 CFR 779.19(a) give the regulatory authority discretion to require a map that delineates vegetation types in the proposed permit area. The proposed rule at Sec. 903.779(b) requires the applicant for a surface mining permit to submit such a map. Similarly, the proposed rule at Sec. 903.783(b) requires a vegetation map for underground mining permits. Small Operator Assistance Section 903.795 would establish the same standards for the small operator assistance program (SOAP) as are found in Part 795 of the permanent program rules. OSM expects during its administration of the SOAP in Arizona that Federal funds will be sufficient to provide for authorized services, and does not expect to exercise its option at 30 CFR 795.11(b). That option allows OSM to establish a formula for allocating limited funds to provide the service pursuant to Part 795. OSM will award SOAP contracts to qualified laboratories utilizing a streamlined procurement system that complies with the Federal Acquisition Regulations. Prior to issuing a Request for Proposals, OSM will announce its intention through publication in the Commerce Business Daily. OSM will qualify labs as part of its contracting process. Bonding Section 903.800 establishes the same provisions, where applicable, as 30 CFR Chapter VII, Subchapter J, Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations. The proposed rule at Sec. 903.800(b) would require the operator to file an application for release of performance bond no later than 30 days prior to the end of the growing season. In addition, OSM is requesting information pertaining to any bonding requirements which may have been placed on existing surface coal mining operations in Arizona. Performance Standards Section 903.815 through 903.828 would establish the same provisions, where applicable, as 30 CFR Chapter VII, Subchapter K. The following changes would be made: Proposed Sec. 903.816(b) would require: (1) That the standards for Revegetation success for surface mining activities shall be those specified at 30 CFR 816.116(a)(2), and (2) that the statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan. Proposed Sec. 903.817(b) would require: (1) That the standards for revegetation success for underground mining activities shall be those specified in 30 CFR 817.116(a)(2); and (2) that the statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan. Inspection and Enforcement Procedures Sections 903.842, 903.843, 903.845, and 903.846 establish the same provisions as 30 CFR Chapter VII, Subchapter L, Permanent Program Inspection and Enforcement Procedures. No changes to the inspection and enforcement provisions of the permanent program regulations are proposed for the Arizona Federal program. The proposed rules at Secs. 903.842(b) and 903.843(b) would require OSM to furnish to a designated Arizona State agency with jurisdiction over mining, on request, copies of inspection reports and enforcement actions, respectively. Blaster Training and Certification Section 903.955 cross-references 30 CFR Part 955 of the permanent program regulations. IV. Procedural Matters Federal Paperwork Reduction Act This rule does not contain collections of information which require approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq. Executive Order 12866 This rule is not subject to Office of Management and Budget review under Executive Order 12866. Regulatory Flexibility Act The Department of the Interior has determined pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that this proposed rule will not have a significant economic impact on a substantial number of small entities because no small entities are expected to apply for permits under the Arizona Federal Program and the total number of permits applied for under the program is expected to be very small. National Environmental Policy Act Section 702(d) of SMCRA provides that promulgation of a Federal program shall not constitute a major Federal action under the National Environmental Policy Act, 42 U.S.C. 433. Thus, no environmental assessment or environmental impact statement is required for this rulemaking. Executive Order 12778 (Civil Justice Reform) This proposed rule has been reviewed under the applicable standards of section 2(b)(2) of Executive Order 12778, ``Civil Justice Reform'' (56 FR 55195). In general, the requirements of section 2(b)(2) are covered by the preamble discussion of this rule. Individual elements of the order are addressed below: A. What would be the preemptive effect, if any, to be given to the regulation? As provided for under SMCRA, the proposed regulatory program would have a preemptive effect with respect to State laws and regulations less stringent than SMCRA, as provided for under SMCRA (see above under Discussion of Proposed Rule). B. What would be the effect of the regulation on existing Federal law or regulation, if any, including all provisions repealed or modified? The proposed regulation would implement SMCRA in the State of Arizona, as described herein, and is not intended to modify the implementation of any other Federal statute. The preceding discussion of the proposed action specifies the Federal regulatory provisions that are affected by the proposed revision. C. Would the regulation provide a clear and certain legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction? The standards established by this rule are as clear and certain as practicable, given the complexity of the topics covered and the mandates of SMCRA. D. What would be the retroactive effect, if any, to be given to the regulation? There would be no retroactive effect to the proposed regulation. E. Are administrative proceedings required before parties may file suit in court? Which proceedings apply? Is the exhaustion of administrative remedies required? No administrative proceedings would be required before parties may file suit in court challenging the provisions of the proposed revision. Prior to any judicial challenge of the application of the rule, however, administrative procedures must be exhausted. Applicable administrative procedures may be found at 43 CFR Part 4. F. Would the proposed action define key terms, either explicitly or by reference to other regulations or statutes that explicitly define those items? Terms which are important to the understanding of the proposed action are set forth in 30 CFR 700.5 and 740.5. G. Would the regulation address other important issues affecting clarity and general draftsmanship of regulations set forth by the Attorney General, with the concurrence of the Director of the Office of Management and Budget, that are determined to be in accordance with the purposes of the Executive Order? The Attorney General and the Director of the Office of Management and Budget have not issued any guidance on this requirement. Author The principal author of these proposed regulations is James B. Smith, Regulatory Programs Branch, Albuquerque Field Office, 500 Marquette Ave. NW., Suite 1200, Albuquerque, NM 87110. List of Subjects in 30 CFR Part 903 Coal mining, Intergovernmental relations, Surface mining, Underground mining, Reporting and recordkeeping requirements. Dated: July 18, 1994. Bob Armstrong, Assistant Secretary, Land and Minerals Management. Accordingly, OSM proposes to amend 30 CFR Chapter VII, Subchapter T as set forth below: 30 CFR Chapter VII, Subchapter T 1. Part 903 is added to read as follows: PART 903--ARIZONA Sec. 903.700 Arizona Federal Program. 903.701 General. 903.702 Exemption for coal extraction incidental to the extraction of other minerals. 903.707 Exemption for coal extraction incident to government- financed highway or other construction. 903.736 Permit fees. 903.761 Areas designated unsuitable for surface coal mining by act of Congress. 903.762 Criteria for designating areas as unsuitable for surface coal mining operations. 903.764 Process for designating areas unsuitable for surface coal mining operations. 903.772 Requirements for coal exploration. 903.773 Requirements for permits and permit processing. 903.774 Revision; renewal; and transfer, assignment, or sale of permit rights. 903.775 Administrative and judicial review of decisions. 903.777 General content requirements for permit applications. 903.778 Permit applications--Minimum requirements for legal, financial, compliance, and related information. 903.779 Surface mining permit applications--Minimum requirements for information on environmental resources. 903.780 Surface mining permit applications--Minimum requirements for reclamation and operation plan. 903.783 Underground mining permit applications--Minimum requirements for information on environmental resources. 903.784 Underground mining permit applications--Minimum requirements for reclamation and operation plan. 903.785 Requirements for permits for special categories of mining. 903.795 Small operator assistance program. 903.800 Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs. 903.815 Performance standards--Coal exploration. 903.816 Performance standards--Surface mining activities. 903.817 Performance standards--Underground mining activities. 903.819 Special performance standards--Auger mining. 903.822 Special performance standards--Operations in alluvial valley floors. 903.823 Special performance standards--Operations on prime farmland. 903.824 Special performance standards--Mountaintop removal. 903.827 Special performance standards--Coal preparation plants not located within the permit area of a mine. 903.828 Special performance standards--In situ processing. 903.842 Federal inspections. 903.843 Federal enforcement. 903.845 Civil penalties. 903.846 Individual civil penalties. 903.955 Certification of blasters. Authority: 30 U.S.C. 1201 et seq., as amended. Sec. 903.700 Arizona Federal Program. (a) This part contains all rules that are applicable to surface coal mining and reclamation operations in Arizona which have been adopted under the Surface Mining Control and Reclamation Act of 1977. (b) Certain of the rules in this part cross-reference pertinent parts of the permanent program rules in this chapter. The full text of a cross-referenced rule is in the permanent program rule cited under the relevant section of the Arizona Federal Program. (c) This part applies to all coal exploration and surface coal mining and reclamation operations in Arizona conducted on non-Federal and non-Indian lands. To the extent required by 30 CFR Part 740, this part also applies to operations on Federal lands in Arizona. (d) The information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3507 in its approval of the information collection requirements contained in the permanent regulatory program. (e) The following provisions of Arizona law generally provide for more stringent environmental control and regulation of some aspects of surface coal mining and reclamation operations than do the provisions of the Surface Mining Control and Reclamation Act of 1977, and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not generally be construed to be inconsistent with the Act, unless in a particular instance the rules in this chapter are found by OSM to establish more stringent environmental or land use controls: (1) The Arizona Commission of Agriculture and Horticulture has authority to abate public nuisances including noxious weeds and noxious weed seeds. A.R.S. Sections 3-231 to 3-242. Violation of this statute is a misdemeanor. (2) It is unlawful to injure any bird or harass any bird upon its nest or remove the nests or eggs of any bird without prior authorization of the Arizona Game and Fish Commission. A.R.S. Section 17-236. (3) A bridge, dam, dike or causeway may not be constructed over or in a navigable river or other navigable water without the authorization of the Governor. A.R.S. Section 18-301. (4) The Department of Mineral Resources has jurisdiction over the mining of minerals, and oil and gas under Title 27 of the Arizona Revised Statutes. One of the functions of that Department is the prevention and elimination of hazardous dust conditions. A.R.S. Section 27-128. Violation of orders of state mine inspectors respecting dust prevention and control is a misdemeanor. (5) Roads leading into waste dump areas and tailing areas from inhabited or public areas are required to be blocked off and warning signs posted on the perimeter of such areas. A.R.S. Section 27-317. (6) The primary responsibility for the control and abatement of air pollution rests with the Arizona Department of Environmental Quality and its Hearing Board. The Department is responsible for the establishment and enforcement of air pollution emission standards and ambient air quality standards as a part of a comprehensive air quality plan for Arizona. A.R.S. Title 49. (7) The Arizona Department of Water Resources has jurisdiction over State water, including ``surface waters.'' ``Surface waters'' means ``the waters of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether perennial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface. For the purposes of administering this title, surface water is deemed to include Central Arizona Project water.'' A.R.S. Section 45-101. It is a misdemeanor to knowingly use the water of another, or divert water from a stream, waste water or obstruct water flowing into a water work. A.R.S. Section 45-112. Possession of water lawfully denied to the possessor is prima facie evidence of one's guilt. A.R.S. Section 45-112. If water is to be used for mining purposes the water rights may be severed from the land rights and transferred separately. The separation and transference of water rights is subject to numerous limitations, A.R.S. Section 45-172. (8) Dams are defined as ``any artificial barrier, including appurtenant works for the impounding or diversion of water except those barriers for the purpose of controlling liquid borne material, twenty- five feet or more in height or the storage capacity of which will be more than fifty acre feet, but does not include any such barrier which is or will be less than six feet in height, regardless of storage capacity, or which has or will have a storage capacity not in excess of fifteen acre feet, regardless of height.'' A.R.S. Section 45-701. The construction, operation, repair or alteration of any dam without the prior approval of the Director of Water Resources is a misdemeanor. A.R.S. Section 45-702 to Section 45-716.. (f) The following are the Arizona laws and regulations that generally interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded. Other Arizona laws may in an individual situation interfere with the purposes and achievements of the Act and may be preempted and superseded with respect to the performance standards of Secs. 903.815 through 903.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that effect in the Federal Register. (1) Arizona Open Pits Mining Statute, A.R.S. Section 27-421 to Section 27-425. (2) Arizona Administrative Code Rules 11-1-1301 through 11-1-1315. Sec. 903.701 General. (a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and Part 701 of this chapter shall apply to coal exploration and surface coal mining and reclamation operations in Arizona. (b) Beginning on the effective date of this program, each surface coal mining and reclamation operation in Arizona shall comply with Subchapter B of this chapter until issuance of a permanent program permit under the provisions of Subchapter C of this chapter. (c) Records required by Sec. 700.14 of this chapter to be made available locally to the public shall be made available in the OSM Albuquerque Field Office. Sec. 903.702 Exemption for coal extraction incidental to the extraction of other minerals. Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, shall apply to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial use or sale. Sec. 903.707 Exemption for coal extraction incident to government- financed highway or other construction. Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction, shall apply to surface coal mining and reclamation operations. Sec. 903.736 Permit fees. Section 736.25 of this chapter, Permit fees, shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations in Arizona. Sec. 903.761 Areas designated unsuitable for surface coal mining by act of Congress. Part 761 of this chapter, Areas Designated by Act of Congress, shall apply to surface coal mining operations. Sec. 903.762 Criteria for designating areas as unsuitable for surface coal mining operations. Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, shall apply to surface coal mining operations. Sec. 903.764 Process for designating areas unsuitable for surface coal mining operations. Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations, pertaining to petitions, initial processing, hearing requirements, decisions, data base and inventory systems, public information, and regulatory responsibilities, shall apply to surface coal mining operations beginning one year after the effective date of this program. Sec. 903.772 Requirements for coal exploration. (a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts coal exploration. For those applications where Sec. 772.12 applies, the requirements of paragraphs (b) through (d) shall apply in place of Sec. 772.12(c) (1) and (3) and Sec. 772.12(d)(1). (b) The applicant upon receipt of notification from the regulatory authority of the submission of an administratively complete application for an exploration permit, shall publish one public notice of the filing in a newspaper of general circulation in the county of the proposed exploration area, and provide proof of this publication to the regulatory authority within one week after the newspaper notice is published. (c) Any person having an interest that is or may be adversely affected shall have the right to file written comments within thirty (30) days after the advertisement appears in the newspaper. (d) The regulatory authority shall act upon an administratively complete application for a coal exploration permit and any written comments within 15 days from the close of the comment period unless additional time is necessary due to the number of, or complexity of, the issues. The approval of a coal exploration permit shall be based only on a complete and accurate application. Sec. 903.773 Requirements for permits and permit processing. (a) Part 773 of this chapter, Requirements for Permits and Permit Processing, shall apply to any person who applies for a permit for surface coal mining and reclamation operations. (b) The Secretary shall coordinate, to the extent practicable, his/ her responsibilities under the following Federal laws with the relevant Arizona laws to avoid duplication: ------------------------------------------------------------------------ Federal law State law ------------------------------------------------------------------------ (1) Clean Water Act, as amended, 33 A.R.S. Title 49, Art. 2, Sec 221- U.S.C. 1251 et seq. 225; A.R.S. Title 49, Art. 3, Sec 241-251; A.R.S. Title 49, Art. 10, Sec 361-363; A.R.S. Title 49, Art. 11, Sec 371-381. (2) Clean Air Act, as amended, 42 A.R.S. Title 49. U.S.C. 7401 et seq. (3) Resource Conservation and ................................... Recovery Act, 42 U.S.C. 3251 et seq. (4) National Environmental Policy ................................... Act, 42 U.S.C. 4321 et seq. (5) Archeological and Historic Arizona Antiquities Act--A.R.S. Preservation Act, 16 U.S.C. 470 et Title 41, secs. 821, 841-846, 861, seq. 862, 865, 1352. (6) National Historic Preservation A.R.S. Title 13 Secs. 3702, 3702.1; Act, 16 U.S.C. 470 et seq. Title 41 secs. 511, 511.04, 821, 861, 862, 1352; Title 44 sec. 123. (7) Coastal Zone Management Act, 16 ................................... U.S.C. 1451, 1453-1464. (8) Section 208 of the Clean Water A.R.S. Sections 49-101, 201 and Act, as amended, 33 U.S.C. 1251 et 371. seq. (9) Endangered Species Act, 16 A.R.S. Title 17 Section 231A.2. U.S.C. 1531 et seq. Arizona Admin. Code Title 18 Chapter 10, Article 1. (10) Fish and Wildlife Coordination ................................... Act, 16 U.S.C. 661-667. (11) Noise Control Act, 42 U.S.C. ................................... 4903. (12) Bald Eagle Protection Act, 16 A.R.S. Title 17 Section 235. U.S.C. 668-668(d). ------------------------------------------------------------------------ (c) Where applicable, no person shall conduct coal exploration operations which result in the removal of more than 250 tons in one location or surface coal mining and reclamation operations without a permit issued by the Secretary pursuant to 30 CFR parts 772 an 773 and permits, leases, and/or certificates required by the State of Arizona, including compliance with the following: (1) Municipal planning statues (A.R.S. Section 9-461 to 9-462.01); (2) County planning and zoning statutes (A.R.S. Section 11-322 et seq.; (3) A.R.S. Section 11-808, 11-821; (4) Statutes governing perfection and recordation of mining claims (A.R.S. Section 27-201 to 27-210); (5) Statutes requiring mineral exploration permits (A.R.S. Section 27-251 to 27-256); (6) Solid waste and air pollution discharge permits, installation and operation permits required for equipment causing air pollution and water pollution discharge permits (A.R.S. Title 49, Chapters 1 and 2); (7) Mineral prospecting permits for State lands (A.R.S. Section 37- 231); and (8) Permits for use of State waters and permits for secondary use of reservoir waters (A.R.S. Title 45). (d) In addition to the requirements of Part 773, the following permit application review procedures shall apply: (1) Any person applying for a permit shall submit, at a minimum, five copies of the application to OSM's Western Support Center (WSC) in Denver, Colorado. (2) WSC shall review an application for administrative completeness and acceptability for further review, and shall notify the applicant in writing of the findings. WSC may: (i) Reject a flagrantly deficient application, notifying the applicant of the findings; (ii) Request additional information required for completeness, stating specifically what information must be supplied; or (iii) Judge the application administratively complete and acceptable for further review. (3) When the application is judged administratively complete, the applicant shall be advised by WSC to file the public notice required by Sec. 773.13 of this chapter. (4) A representative of WSC may visit the proposed permit area if necessary to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified of the time of the visit in advance. (5) Adequacy of information to allow WSC to comply with the National Environmental Policy Act, 42 U.S.C. 4322, shall be considered in the determination of a complete application. WSC may require specific additional information from the applicant as any environmental review progresses when such specific information is needed. (e) In addition to the information required by subchapter G of this chapter, WSC may require an applicant to submit supplemental information to ensure compliance with applicable Federal laws and regulations other than the Act and 30 CFR Title VII. (f) The regulatory authority shall review the application for a permit, any written comments and objections submitted; and all of the records of any informal conference or hearing held on the application. Where there is no Environmental Impact Statement (EIS), the regulatory authority shall issue a written decision within 60 days from the close of the comment period or, if an informal conference is held under Sec. 773.13(c), 60 days from the conclusion of the informal conference unless additional time is necessary due to the number of, or complexity of the issues. Where an EIS has been prepared for the application, no decision on the proposed action shall be issued until at least 30 days after the Environmental Protection Agency's (EPA) publication of the notice of availability of the final EIS in the Federal Register. (g) Only application information that is labeled confidential by the applicant and submitted separately from the remainder of the application will be reviewed by OSM for withholding from disclosure under Sec. 773.13(d). (1) If the application contains information identified as confidential by the applicant, the public notice required by Sec. 903.773(d)(3) must identify the type of information considered to be confidential. (2) OSM shall determine the qualification of any application information labeled confidential within 10 days of the last publication of the notice required under Sec. 903.773(d)(3) of this chapter, unless additional time is necessary to obtain public comment or in the event of unforeseen circumstances. Sec. 903.774 Revision; renewal; and transfer, assignment, or sale of permit rights. (a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, shall apply to any such actions involving surface coal mining and reclamation operations permits, except as specified below. (b) Any revision to the approved mining or reclamation plan shall be subject to review and approval by WSC. WSC consider the following factors as well as other relevant factors in determining the significance of a proposed revision: (1) Changes in production or recover ability of the coal resource; (2) The environmental effects; (3) The public interest in the operation, or likely interest in the proposed revision; and (4) Possible adverse impacts from the proposed revision on fish or wildlife, endangered species, bald or golden eagles, or cultural resources. (c) Any significant revision to the approved mining or reclamation plan shall be subject to the public notice and hearing provisions of Secs. 903.703(b)(3) and 773.13 (b) and (c) prior to approval and implementation. (d) Any revision to the approved reclamation plan that may have the potential to adversely impact the potential for the achievement of reclamation and the post-mining land use shall be considered a significant permit revision. (e) The regulatory authority will approve or disapprove non- significant permit revisions within a reasonable amount of time from the receipt of a complete and accurate revision application. Significant revision and renewals will be approved or disapproved under the provisions of Sec. 903.773(f). (f) In addition to the requirements of Part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within 30 days of the publication of the newspaper advertisement required by Sec. 774.17(b)(2) of this chapter, or receipt of an administratively complete application, whichever is later. (g) Within 30 days from the last publication of the newspaper notice, written comments or objections to an application for significant revision or renewal of a permit under Sec. 774.15 may be submitted to the regulatory authority by: (1) any person having an interest that is or may be adversely affected by the decision on the application; or (2) public entities notified under Sec. 773.13(a)(3) of this chapter with respect to the effects of the proposed mining operations on the environment within their areas of responsibility. Sec. 903.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits. Sec. 903.777 General content requirements for permit applications. (a) Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. (b) Any person who wishes to conduct surface coal mining and reclamation operations shall file a complete application as early as possible before the date when a permit is desired and shall pay to OSM a permit fee in accordance with Sec. 903.736. (c) Any person who wishes to revise a permit shall submit a complete application as early as possible before the date that approval of the permit revision is desired and shall pay a permit fee in accordance with 30 CFR 777.17. Sec. 903.778 Permit applications--Minimum requirements for legal, financial, compliance, and related information. Part 778 of this chapter, Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, shall apply to any person who makes application for a permit to conduct surface coal mining and reclamation operations. Sec. 903.779 Surface mining permit applications--Minimum requirements for information on environmental resources. (a) Part 779 of this chapter, Surface Mining Permit Applications-- Minimum Requirements for Information on Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and reclamation operations. (b) In addition to the requirements of Part 779, the permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. Sec. 903.780 Surface mining permit applications--Minimum requirements for reclamation and operation plan. Part 780 of this chapter, Surface Mining Permit Applications-- Minimum Requirements for Reclamation and Operation Plan, shall apply to any person who makes application to conduct surface coal mining and reclamation operations. Sec. 903.783 Underground mining permit applications--Minimum requirements for information on environmental resources. (a) Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, shall apply to any person who makes application to conduct underground coal mining operations. (b) In addition to the requirements of Part 783, the permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. Sec. 903.784 Underground mining permit applications--Minimum requirements for reclamation and operation plan. Part 784 of this chapter, Underground Mining Permit Applications-- Minimum Requirements for Reclamation and Operation Plan, shall apply to any person who makes application for a permit to conduct underground coal mining operations. Sec. 903.785 Requirements for permits for special categories of mining. Part 785 of this chapter, Requirements for permits for Special Categories of Mining, shall apply to any person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations as specified therein. Sec. 903.795 Small operator assistance program. Part 795 of this chapter, Small Operator Assistance Program, shall apply to any person making application for assistance under the small operator assistance program. Sec. 903.800 Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs. (a) Part 800 of this chapter, Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs, shall apply to all surface coal mining and reclamation operations, except for Sec. 800.40(a)(1) regarding the bond release application, for which paragraph (b) of this section substitutes. (b) The permittee may file an application with the regulatory authority for the release of all or part of a performance bond. Applications shall be filed no later than 30 days prior to the end of the vegetation growing season in order to properly evaluate the completed reclamation operations. The appropriate times or seasons for the evaluation of certain types of reclamation shall be identified in the mining and reclamation plan required in Subchapter G of this Chapter and approved by the regulatory authority. Sec. 903.815 Performance standards--Coal exploration. Part 815 of this chapter, Permanent Program Performance Standards-- Coal Exploration, shall apply to any person who conducts coal exploration. Sec. 903.816 Performance standards--Surface mining activities. (a) Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to any person who conducts surface mining activities, except Sec. 816.116(a)(1) regarding revegetation success standards, for which paragraph (b) of this section substitutes. (b) Standards for success shall be those identified in Sec. 816.116(a)(2). Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by the regulatory authority. Sec. 903.817 Performance standards--Underground mining activities. (a) Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall apply to any person who conducts underground mining activities, except Sec. 817.116(a)(1) regarding revegetation success standards, for which paragraph (b) of this section substitutes. (b) Standards for success shall be those identified in Sec. 817.116(a)(2). Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan, and approved by the regulatory authority. Sec. 903.819 Special performance standards--Auger mining. Part 819 of this chapter, Special Permanent Program Performance Standards--Auger Mining, shall apply to any person who conducts surface coal mining operations which include auger mining. Sec. 903.822 Special performance standards--Operations in alluvial valley floors. Part 822 of this chapter, Special Permanent Program Performance Standards--Operations in Alluvial Valley Floors, shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley floors. Sec. 903.823 Special performance standards--Operations on prime farmland. Part 823 of this chapter, Special Permanent Program Performance Standards--Operations on Prime Farmland, shall apply to any person who conducts surface coal mining and reclamation operations on prime farmland. Sec. 903.824 Special performance standards--Mountaintop removal. Part 824 of this chapter, Special Permanent Program Performance Standards--Mountaintop Removal, shall apply to any person who conducts surface coal mining and reclamation operations constituting mountaintop removal mining. Sec. 903.827 Special performance standards--Coal preparation plants not located within the permit area of a mine. Part 827 of this chapter, Permanent Program Performance Standards-- Coal Preparation Plants Not Located Within the Permit Area of a Mine, shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine. Sec. 903.828 Special performance standards--In situ processing. Part 828 of this chapter, Special Permanent Program Performance Standards--In Situ Processing, shall apply to any person who conducts surface coal mining and reclamation operations which include the in situ processing of coal. Sec. 903.842 Federal inspections. (a) Part 842 of this chapter, Federal Inspections, shall apply to all coal exploration and surface coal mining and reclamation operations. (b) In addition to the requirements of Part 842, copies of inspection reports will be furnished, upon request, to a designated Arizona State agency with jurisdiction over mining. Sec. 903.843 Federal enforcement. (a) Part 843 of this chapter, Federal Enforcement, shall apply regarding enforcement action on coal exploration and surface coal mining and reclamation operations. (b) In addition to the requirements of Part 843, copies of enforcement actions and orders to show cause will be furnished, upon request, to a designated Arizona State agency with jurisdiction over mining. Sec. 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for violations on coal exploration and surface coal mining and reclamation operations. Sec. 905.846 Individual civil penalties. Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under section 518(f) of the Act. Sec. 903.955 Certification of blasters. Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the training, examination and certification of blasters for surface coal mining and reclamation operations. [FR Doc. 94-19526 Filed 8-9-94; 8:45 am] BILLING CODE 4310-05-M