[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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