Alabama Regulatory Program

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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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