[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37381-37383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18266]
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[[Page 37382]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; removal of a program condition.
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SUMMARY: The Secretary of the Interior is announcing the removal of a
condition of program approval imposed during the May 20, 1982 (47 FR
22030), conditional approval of the Alabama regulatory program
(hereinafter referred to as the ``Alabama program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The program
condition pertains to the disposal of excess spoil on abandoned surface
mined areas.
EFFECTIVE DATE: July 18, 1996.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Acting Field Office Director, Birmingham Field
Office, Office of Surface Mining Reclamation and Enforcement, Barber
Business Park, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209,
Telephone: (205) 290-7282.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Discussion of Program Condition
III. Secretary's Findings
IV. Summary and Disposition of Comments
V. Secretary's Decision
VI. Procedural Determinations
I. Background on the Alabama Program
On May 20, 1982, the Secretary of the Interior conditionally
approved the Alabama program. Background information on the Alabama
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the May 20,
1982, Federal Register (47 FR 22030). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
901.15 and 901.16.
II. Discussion of Program Condition
In the May 20, 1982, notice under Finding 18.1 (47 FR 22038-39),
the Secretary approved, with certain restrictions, Alabama's rule at
section 805.11(d) [subsequently recodified as Rules 880-X-8J-.03 and
880-X-9B-.02(4)] that allows the disposal of excess spoil generated by
current operations on abandoned surface mined lands which had been
previously disturbed, but not adequately reclaimed. The Secretary
mandated that a one year trial period be held in order to evaluate the
adequacy of the provision. No comparable provision was found in the
Federal rules.
The Secretary's findings on Alabama's provision noted that under
the State's rule the previously disturbed area must be included within
the currently permitted and bonded area, but an additional bond amount
would not be required. The State rule provides that the condition of
the entire area will be considered before full bond release is granted.
The Federal regulation at 30 CFR 800.11(b)(1) requires that the permit
area upon which operations are to be conducted be covered by a
performance bond. By that definition, those areas to be used for excess
spoil disposal must be included in the performance bond. In his
decision findings, the Secretary expressed concern that the State's
provision might spread bond amounts too thin, resulting in less, rather
than more, reclamation. However, since the provision had possibilities
for increased reclamation activities, the Secretary proposed to allow
its implementation on a controlled basis for an appropriate trial
period.
So that OSM could consider and evaluate the results of several test
sites that had implemented the Alabama provision for the disposal of
excess spoil on abandoned mine sites, the trial period was extended
four times with the most recent extension expiring on January 1, 1993
(July 27, 1983, 48 FR 34026; May 23, 1985, 50 FR 21254; July 22, 1990,
55 FR 27224; July 17, 1991, 56 FR 32509). The time extension approved
on May 23, 1985, required that a minimum of six projects approved for
consideration under the State's excess spoil provisions as of July 27,
1983, must be completed to provide adequate data to enable OSM to
perform an accurate analysis.
Imposed as a part of the conditional approval of the Alabama
program, an extended study of Alabama's excess spoil provision was
conducted from May 20, 1983, through February 28, 1996. Based upon this
study, OSM determined that the six projects approved for consideration
under the State's excess spoil provision provided sufficient data to
make a definitive recommendation for removal of the program condition.
OSM concluded that implementation of the excess spoil provision has
been a useful and beneficial portion of the Alabama program and that it
has been administered correctly by the State regulatory authority.
III. Secretary's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Secretary's findings.
During the trial periods mandated by the Secretary of the Interior,
OSM tracked the implementation of the excess spoil provision through
the receipt and evaluation of annual State reports and through field
evaluations of mining permits approved to utilize the excess spoil
provision. A comprehensive field study, providing data as of January
31, 1991, concluded that the excess spoil areas on five of the six
sites had been successfully reclaimed. A site review of February 14,
1996, confirmed that the excess spoil area on the remaining site had
also been successfully reclaimed.
Based upon the results of the field studies and evaluations
conducted by OSM, the Secretary finds that implementation of Alabama's
excess spoil provision at Rules 880-X-8J-.03 and 880-X-9B-.02(4) has
resulted in the successful reclamation of previously disturbed, but
inadequately reclaimed, areas on permitted sites without the imposition
of additional bond amounts for these areas. Furthermore, the Secretary
finds that the application of this provision offers a valuable
opportunity for abandoned mine lands to be reclaimed to permanent
program standards under the purview of an active coal mining operation.
Therefore, the Secretary removes the condition of original program
approval codified at 30 CFR 901.15(e).
IV. Summary and Disposition of Comments
Agency and public comments were accepted and considered on
Alabama's program resubmission of January 11, 1982, during two comment
periods. Responses to all comments were presented in the May 20, 1982,
Federal Register (47 FR 22030).
V. Secretary's Decision
Based on the above finding, the Secretary approves the removal of
the condition which imposed a trial period to evaluate the
implementation of the State provision which allowed a bond variance for
the placement of excess spoil on previously disturbed, but unreclaimed,
abandoned surface mined areas within the permit area.
The Federal regulations at 30 CFR Part 901, codifying decisions
concerning the Alabama program, are being amended to implement this
decision.
[[Page 37383]]
VI. Procedural Determinations
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).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, 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 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.
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)).
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.).
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 which is the subject of this rule is based upon
corresponding 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 corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 24, 1996.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T, part 901 of the Code of Federal Regulations is amended as
set forth below:
PART 901--ALABAMA
1. The authority citation for part 901 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
Sec. 901.15 [Amended]
2. Section 901.15 is amended by removing paragraph (e).
[FR Doc. 96-18266 Filed 7-17-96; 8:45 am]
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