Arkansas Code Title 15. Natural Resources and Economic Development § 15-58-510. Environmental protection performance standards

(a) Any permit issued pursuant to this chapter to conduct surface coal mining operations and any authorization to conduct coal exploration operations shall require that operations will meet all applicable performance standards of this chapter and the rules issued pursuant to this chapter.

(b) The Arkansas Pollution Control and Ecology Commission shall issue rules which are consistent with and in accordance with, but no more restrictive than, all the applicable environmental protection performance standards found in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

(c) The commission shall issue rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

(d) All departures, variances, and exceptions from the performance standards which are provided in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that chapter and other departures, variances, and exceptions which may be granted through a state program shall be provided for in the rules issued by the commission pursuant to this chapter.  The departures, variances, and exceptions provided for in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that law shall be granted or allowed upon a showing of the same circumstances and conditions required in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 or in the regulations issued pursuant to that law.