[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Proposed Rules]
[Pages 56547-56549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27809]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 902
[SPATS AK-004-FOR; Alaska Amendment IV]
Alaska Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions and additional
explanatory information pertaining to a previously proposed amendment
to the Alaska regulatory program (hereinafter, the ``Alaska program''
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The revisions and additional explanatory information for Alaska's
proposed rules pertain to permit fees, geology description, return of
excess spoil to underground
[[Page 56548]]
workings, self-bonding, disposal of coal mine waste, protection of fish
and wildlife, blending of spoil into surrounding terrain, and road
construction. Additionally, Alaska is withdrawing its proposal to
revise Alaska rules pertaining to compliance information in permit
applications, administrative processing of permit applications,
Commissioner's findings, improvidently issued permits, permit revisions
and renewals, permit conditions, impoundment design and construction,
standards for revegetation success, inspections, cessation orders,
exemption for coal extraction incidental to the extraction of other
minerals, and definitions. The amendment is intended to revise the
Alaska program to be consistent with the corresponding Federal
regulations, clarify ambiguities, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t., November
24, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Alaska program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO
80202-5733
Mr. Jules Tileston, Director, Department of Natural Resources, Division
of Mining and Water Management, 3601 C Street, Suite 800, Anchorage, AK
99503-5925, Telephone: (907) 762-2149
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 672-
5524.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
On March 23, 1983, the Secretary of the Interior conditionally
approved the Alaska program as administered by the Alaska Department of
Natural Resources. General background information on the Alaska
program, including the Secretary's findings, the disposition of
comments, and conditions of approval of the Alaska program can be found
in the March 23, 1983, Federal Register (48 FR 12274). Subsequent
actions concerning Alaska's program and program amendments can be found
at 30 CFR 902.15 and 902.16.
II. Proposed Amendment
By letter dated January 26, 1995, and FAX transmittals dated
February 13 and 14, 1994 (Administrative Record No. AK-E-01), Alaska
submitted proposed Amendment IV to its permanent program pursuant to
SMCRA (State Program Amendment Tracking System AK-004-FOR). Alaska's
proposed amendment consisted of: (1) revisions in response to required
program amendments codified at 30 CFR Part 902.16(a) (1), (2), (3),
(6)-(14), and (16); (2) revisions in response to program deficiency
letters from OSM dated November 1, 1989, February 7, 1990, and January
15, 1993; and (3) revisions proposed at Alaska's own initiative.
The provisions of the Alaska Administrative Code (AAC) that Alaska
proposed to revise are: 11 AAC 05.010(a)(9) and 11 AAC 90.011, permit
fees; 11 AAC 90.001, adoption of rules by reference; 11 AAC 90.002,
responsibilities; 11 AAC 90.003, interim permits; 11 AAC 90.023,
identification of interests and compliance information; 11 AAC 90.025,
authority to enter and ownership information; 11 AAC 90.045(a), geology
description; 11 AAC 90.049, surface water information; 11 AAC
90.083(b), reclamation plan requirements, roads; 11 AAC 90.097,
transportation facilities; 11 AAC 90.099, placement of coal mine waste
in underground workings; 11 AAC 90.117, processing of permit
applications; 11 AAC 90.125, commissioner's findings; 11 AAC 90.126,
improvidently issued permits; 11 AAC 90.127, permit conditions; 11 AAC
90.129, permit revisions and renewals; 11 AAC 90.149, alluvial valley
floors; 11 AAC 90.163, exploration that substantially disturbs or is
conducted in areas designated unsuitable for mining; 11 AAC 90.173,
eligibility for small operator assistance; 11 AAC 90.207, self-bonding
provisions; 11 AAC 90.321, hydrologic balance; 11 AAC 90.323, water
quality standards; 11 AAC 90.325, diversions and conveyance of flow; 11
AAC 90.327, stream channel diversions; 11 AAC 90.336, impoundment
design and construction; 111 AAC 90.337, impoundment inspection; 11 AAC
90.341, underground mine discharges; 11 AAC 90.345, surface and ground
water monitoring; 11 AAC 90.375, public notice of blasting; 11 AAC
90.391, disposal of excess spoil or coal mine waste; 11 AAC 90.401,
coal mine waste, refuse piles; 11 AAC 90.407, coal mine waste, dams and
embankments; 11 AAC 90.409, coal mine waste, return to underground
workings; 11 AAC 90.423, protection of fish and wildlife; 11 AAC
90.443, backfilling and grading; 11 AAC 90.457, revegetation success
standards; 11 AAC 90.491, construction and maintenance of roads and
other transportation and support facilities; 11 AAC 90.601,
inspections; 11 AAC 90.613, cessation orders; 11 AAC 90.901,
applicability; 11 AAC 90.902, exemption for coal extraction incidental
to the extraction of other minerals; 11 AAC 90.907, public
participation; and 11 AAC 90.911, definitions.
OSM announced receipt of the proposed amendment in the February 27,
1995, Federal Register (60 FR 10520), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (Administrative Record No. AK-E-05).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on March 29, 1995.
During its review of the amendment, OSM identified concerns
relating to the proposed provisions at 11 AAC 05.010(a)(9) and 11 AAC
90.011, fees; 11 AAC 90.023, identification of interests and compliance
information; 11 AAC 90.117, processing of permit applications; 11 AAC
90.125, commissioner's findings; 11 AAC 90.126, improvidently issued
permits; 11 AAC 90.129, permit revisions and renewals; 11 AAC 90.149,
alluvial valley floors; 11 AAC 90.173, eligibility for small operator
assistance; 11 AAC 90.207, self-bonding provisions; 11 AAC 90.327,
stream channel diversions; 11 AAC 90.336, impoundment design and
construction; 11 AAC 90.391, disposal of excess spoil or coal mine
waste; 11 AAC 90.423, protection of fish and wildlife; 11 AAC 90.443,
backfilling and grading; 11 AAC 90.457, revegetation success standards;
11 AAC 90.491, construction and maintenance of roads and other
transportation and support facilities; 11 AAC 90.601, inspections; 11
AAC 90.901, applicability; 11 AAC 90.902, exemption for coal extraction
incidental to the extraction of other minerals; 11 AAC 90.907, public
participation; and 11 AAC 90.911, definitions.
OSM notified Alaska of the concerns by letter dated July 19, 1995
(Administrative Record No. AK-E-12). Alaska responded by letters dated
October 11 and October 24, 1995, and a FAX transmittal dated October
23, 1995, by submitting a revised amendment and additional explanatory
information (Administrative Record No. AK-E-14).
Alaska proposes revisions to and additional explanatory information
for: 11 AAC 05.010(a)(9) and 11 AAC
[[Page 56549]]
90.011, fees; 11 AAC 90.045(a), geology description; 11 AAC 90.099,
placement of coal mine waste in underground workings; 11 AAC 90.149,
alluvial valley floors; 11 AAC 90.173, eligibility for small operator
assistance; 11 AAC 90.207, self-bonding provisions; 11 AAC 90.327,
stream channel diversions; 11 AAC 90.391, disposal of excess spoil or
coal mine waste; 11 AAC 90.423, protection of fish and wildlife; 11 AAC
90.443, backfilling and grading; 11 AAC 90.491, construction and
maintenance of roads and other transportation and support facilities;
11 AAC 90.901, applicability; and 11 AAC 90.907, public participation.
Alaska proposes these revisions:
--11 AAC 05.010(a)(11) and 90.011, to move the regulatory requirements
for permit fees to the fee provisions for the whole department, and the
set a fee for incidental boundary revisions;
--11 AAC 90.045, to require that the description of geology must
include the deeper of the stratum immediately below the lowest coal
seam to be mined, or any aquifer below the lowest seam which may be
adversely affected by mining;
--11 AAC 90.099, to require that underground mining plans describe the
design, operation, and maintenance of any proposed facility to return
coal mine waste and excess spoil to underground workings;
--proposed 11 AAC 90.207(f)(7), to require, when the financial
conditions of a self-bond applicant or guarantor no longer meet the
bond conditions, that a cessation order be issued and reclamation
immediately commence;
--11 AAC 90.391, to require that coal mine waste placed in excess spoil
be nontoxic and nonacid forming;
--11 AAC 90.409, to allow excess spoil to be returned to underground
mine workings in certain circumstances;
--11 AAC 90.423, to require that, on request, the fish and wildlife
protection information required by 11 AAC 90.081 be provided to the
U.S. Fish & Wildlife Service; and
--11 AAC 90.491(a)(8), to require that the use of acid- and toxic-
forming materials be prevented.
Additionally, Alaska proposes several additional minor editorial
revisions.
Alaska is also withdrawing its proposed revisions to: 11 AAC
90.023, identification of interests and compliance information; 11 AAC
90.117, processing of permit applications; 11 AAC 90.125,
commissioner's findings; 11 AAC 90.126, improvidently issued permits;
11 AAC 90.127, permit conditions; 11 AAC 90.129, permit revisions and
renewals; 11 AAC 90.336, impoundment design and construction; 11 AAC
90.457, revegetation success standards; 11 AAC 90.601, inspections; 11
AAC 90.613, cessation orders; 11 AAC 90.902, exemption for coal
extraction incidental to the extraction of other minerals; and 11 AAC
90.911, definitions.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Alaska program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM
is seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Alaska program.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the Denver Field Division
will not necessarily be considered in the final rulemaking or included
in the administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR Parts 730, 731, and 732 have been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 902
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 26, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
FR Doc. 95-27809 Filed 11-8-95; 8:45 am]
BILLING CODE 4310-05-M
