[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