Part 902, Alaska
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Subchapter T Part 902, Alaska |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 902 -- ALASKA
Sec.
902.1 Scope
902.10 State regulatory program approval
902.15 Approval of Alaska regulatory program amendments
902.16 Required program amendments
902.20 Approval of Alaska abandoned mine land reclamation plan
902.25 Approval of Alaska abandoned mine land reclamation plan amendments
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 902.1 Scope.
This part contains all rules applicable only within Alaska that have been adopted under the Surface Mining
Control and Reclamation Act of 1977.
[48 FR 12889, Mar. 23, 1983]
30 CFR Sec. 902.10 State regulatory program approval.
The Alaska State program as submitted on July 23, 1982, and as amended and clarified on December 13, 1982,
and January 11, 1983, is approved effective May 2, 1983. Beginning on that date, the Alaska Department of Natural
Resources shall be deemed the regulatory authority in Alaska for all surface coal mining and reclamation operations
and all exploration operations on non-Federal and non-Indian lands. Only surface coal mining and reclamation
operations on non-Federal and non-Indian lands shall be subject to the provisions of the Alaska permanent regulatory
program. Copies of the approved program are available at the following addresses:
(a) Department of Natural Resources, Division of Mining and Water Management, 3601 C Street, Suite 800,
Anchorage, AK 99503-5925, Telephone: (907) 762-2149.
(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical
Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
[48 FR 12889, Mar. 23, 1983; 60 FR 33724, June 29, 1995; 60 FR 54592, 54593, Oct. 25, 1995]
30 CFR Sec. 902.15 Approval of Alaska regulatory program amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
_______________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Nov. 12, 1983 Dec. 23, 1983 Redesignation of title 11, Ch 90 of the AAC.
May 28, 1985, Feb. 22, 1988 11 AAC 90.065(b), .077(d), .331(a)(3), .461(f),
Nov. 16, 1986, .601 (d) through (g), .625, .627(a), (b),
Feb. 24, 1987 .751(a), .907 (d), (g); Articles 15 through 17.
Feb. 2, 1990 Aug. 19, 1992 11 AAC 90.021( c), .023(a)(1), (2), (3), (b)(1), (2),
.025(a)(1), (2), (b), ( c), .041(a), (b), .043(b), ( c),
.045(b)(4), .057, .071(2)(D), .077(b)(5), (11), (d),
.081(a)(1), (2), (3), (b), ( c),
.085(a)(1), (2), (3)(A) through (E), (4), (b)(3),
(4), ( c)(3), (4), (5)(A) through (D),
.089(a), ( c), .099(a), .101( c)(1), (2)(A) through (F),
(3)(A), (B), ( C), (4), (5)(A), (B), (6),
.119(d), (e), .121( c), .125(a)(7) through (13),
.127(4), (5)(A), (B), ( C), (6), .129 (a)(6), (7), (8),
.141(a)(1), .163(a)(2) (A) through (G), (b)(2), (3),
( c)(1), (2), (3)(A), (B), .173(a)(1), (2), (3), .175(4)(D),
.181(a)(5)(A), (B), (6), .185(a)(3), (4), (5),
.207( c)(5)( C), .213(g), (h), .323(a) through (d),
.325(b), ( c), (d)(1), (2), (3), (g)(3),
.327(b)(2),
.331(b)(1), (2), (3), ( c), (d)(2), (3), (4), (e), (f), (g),
.333, .336(a), (b)(1), (2), ( c)(1) through (9),
(d)(1), (2), (3), (e), (f),
.337(a), (b), ( c)(1) through (7), (d), (e), (g),
.338(1) through (7), .343,
.345(a), (b)(1) through (5), ( c), (d),
(e)(1) through (6), (f) through (i), .349(2)(A),
.353(a)(1), (2), (3), .371(d)(1) through (4), .373(b), ( c), (d),
.375(b), (e) through (h), .379(b), ( c), (e) through (j),
.381(a), (b), .391(b), (e), (g), (i), (k), (l),
(m)(1) through (6), (n), (o), (p)(3) through (7), (q), (r),
.395(a)(1) through (5), (b),
.397(a), (b), ( c)(1) through (5), (d) through (g),
.399, .401(a), (b)(1), (2), (3), ( c), (d), (e), .403, .405,
.407(a) through (d), (f) through (i), .409,.435,
.441(a), (b), ( c), .443(a), (b), ( c)(1)(A) through (F),
(e)(2), (3), (4), (f) through (k), .451(b)(1), (5),
.455(1) through (4), .457(b), ( c)(5),
.635(a), (b)(1), (2), ( c), (d)(1), (2), (3), (e)(1), (2), (3),
(f), (g), (h), .703(e), .705(a) through (e), .901( c),
.907(b), (i), .911(18) through (21), (51), (110), (118), (122).
Jan. 26, 1995 Sept. 17, 1996 11 AAC 05.010(a)(11)(D), 90.002, .003, .011,
.025(a), (b), ( c), .045(a), .049(2), (D) through (H),
.083(b)(10), (11), (12), (3), (b), ( c), .097, .099,
.149(d), (1), .163(a), (b), (1), ( c), (3)(B), (4), (5),
.207(f)(1), (2), (4) through (7), .337(f), .345(e),
.375, .391(b), (h), .401(e), .407(e), .409,
.423(b), (h), .443(d)(1), (k),
.491(a), (1), (6), (7), (8), ( c)(4) through (8), (e), (f),
.901(e), .907( c) through (h), (j).
Dec. 12, 1996 March 31, 1997 11 AC 90.207(f)(3) and (8).
July 30, 1998 Feb. 22, 1999 11 AAC 90.002(a), (b), and ( c), and
90.011(a) concerning permitting requirements,
90.025(a), (b),
and ( c) concerning permit application requirements;
90.045(a), 90.049(a), 90.083(b),
and 90.097 concerning environmental resource requirements;
90.149(d) concerning alluvial valley floors;
90.163(a) and (d) concerning exploration;
90.207(f) concerning self-bonding;
90.337(f) concerning impoundment inspections;
90.375(f) concerning blasting; 90.391(h) and (s),
90.401(e), and 90.407(e) concerning coal mine waste;
90.423(b) and (h) concerning fish and wildlife;
90.443(d) and (k) concerning backfilling and grading;
90.491(e) and (f) concerning roads;
90.901(e) concerning termination of jurisdiction;
90.907( c) and (j) concerning public availability of
information; and 90.911(92) concerning the definition
of "road."
________________________________________________________________________________
[53 FR 5164, Feb. 22, 1988, as amended at 57 FR 37422, Aug. 19, 1992; 61 FR 48835, 48842, Sept. 17, 1996; 62
FR 9932, 9934, Mar. 5, 1997; 62 FR 15115, 15117, Mar. 31, 1997, as corrected at 62 FR 35342, July 1, 1997; 64
FR 8510, 8514, Feb. 22, 1999]
[EFFECTIVE DATE NOTE: 64 FR 8510, 8514, Feb. 22, 1999, added an entry to the table, effective Feb. 22, 1999.]
30 CFR Sec. 902.16 Required program amendments.
Pursuant to 30 CFR 732.17(f)(1), Alaska is required to submit to OSM by the specified date the following written,
proposed program amendments, or a description of an amendment to be proposed that meets the requirements of
SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with Alaska's established
administrative or legislative procedures.
(a) By October 19, 1992, Alaska shall amend its program as follows:
(1) At 11 AAC 90.023(f)(3) by providing ownership and control regulations to meet the requirements of OSM's
May 11, 1989, 30 CFR 732 notification.
(2) At 11 AAC 90.045(a) by requiring a description of the geology within the permit and adjacent areas to include
the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest
coal seam to be mined which may be adversely impacted by mining per the Federal regulation requirements at 30
CFR 780.22(b)(1) and 784.22(b)(1).
(3) At 11 AAC 90.163(b)(1) by requiring that the operator affirm that a surface coal mining permit application
will be submitted in the near future as required at 30 CFR 772.14(b); and by requiring that provisions in an
exploration application provide evidence that sufficient coal reserves are available for future use or sale; and that an
application for an exploration permit to remove more than 250 tons of coal contain a statement of why extraction of
more than that amount is necessary per the requirements of Federal regulations at 30 CFR 772.14(b) (3) and (4).
(4) At 11 AAC 90.181(5)(A), .043, .047 and .089 to include reference to the 17th edition of the Standard Methods
for the Examination of Water and Waste Water.
(5) At 11 AAC 90.311(g) by deleting the subsection that provides the commissioner the discretion to authorize an
exemption from the requirements for the removal, stockpiling, and redistribution of topsoil and other materials.
(6) At 11 AAC 90.331(a) by defining "other treatment facilities" and to clarify the relationship of "treatment
facility(ies)", "water treatment facilities", and "erosion control structures" relative to the term "siltation structure" in
a manner that is not less effective than the Federal program requirements. At 11 AAC 90.331(d)(1) to provide for
the 10-year, 24-hour precipitation event per the Federal regulation at 30 CFR 816.46( c)(1)(iii)( C).
(7) At 11 AAC 90.337(f) to require that all impoundments be examined on a basis that is no less effective than the
Federal requirements at 30 CFR 816.49(a)(11).
(8) At 11 AAC 90.345(e) to require that the surface-water monitoring plan include both upstream and downstream
monitoring locations in all receiving bodies of water per the Federal regulation requirements at 30 CFR
780.21(j)(2)(i) and 784.14(i)(2)(i).
(9) At 11 AAC 90.391(h) to require that the regulatory authority approve the placement of coal mine waste
disposal in excess spoil fills per the Federal requirements at 30 CFR 816.71(i).
(10) At 11 AAC 90.407(e) to provide for a precipitation event no less effective than the requirements of the
Federal regulations at 30 CFR 816.84(b)(2) and the use of at lease the 6-hour PMP event for structures meeting the
criteria of 30 CFR 77.216(a).
(11) At 11 AAC 90.423(b) to require consultation with Federal and State fish and wildlife agencies prior to
making a determination as to whether and under what conditions an operator may continue with mining activities
after reporting the presence of a listed endangered or threatened species per the Federal regulation requirements at
30 CFR 816.97(b).
(12) At 11 AAC 90.443(d) allow blending the spoil into the surrounding terrain in non-steep slope areas only, and
to require the removal of all vegetative and organic material as a requirement for allowing spoil to be placed on the
area outside the mined-out area per the Federal regulation requirements at 30 CFR 816.102(d)(2).
(13) At 11 AAC 90.443(e)(1) to require that spoil in the immediate vicinity of a remining operation be included in
the permit area as required at 30 CFR 816.106(b)(1).
(14) At 11 AAC 90.457( c)(3) to require consultation with, and approval by the State forestry and wildlife
agencies with regard to the minimum planting and stocking arrangements for areas to be developed for fish and
wildlife habitat, recreation, shelter belts, or forest products postmining land use as required at 30 CFR
816.116(b)(3)(i).
(15) To resubmit standards for revegetation success per the requirement at 30 CFR 816.116(a)(1).
(16) To resubmit policy statements and/or provide proposed regulations for those items addressed in proposed
policy statements A through G in a manner no less effective than the Federal regulation requirements.
(17) To resubmit the proposed petition form that requests termination of an unsuitability designation or provide
proposed regulations in a manner that is no less effective than the Federal regulation requirements at 30 CFR
764.13(b).
(b) By November 18, 1996, Alaska shall revise the following rules, or otherwise modify its program, to:
(1) [Reserved]
(2) At 11 AAC 90.321(d), require that water treatment facilities will be operated for as long as necessary, or add a
definition of "siltation structure" that is no less effective than the Federal definition of this term at 30 CFR 701.5.
(3) At 11 AAC 90.323(a), replace "siltation structures" with "treatment facilities," or add a definition of "siltation
structure" that is no less effective than the Federal definition of this term at 30 CFR 701.5.
(4) At 11 AAC 90.325(a), require that water treatment facilities will be operated for as long as necessary or add a
definition of "siltation structure" that is no less effective than the Federal definition of this term at 30 CFR 701.5.
(5) At 11 AAC 90.327(b)(1) and ( c), require that "erosion control structures" be used when describing standards
for stream channel diversions used to control erosion, and that the terms "water treatment facilities" and "water
treatment facility" be retained or provide a definition of "siltation structures" that includes "water-treatment
facilities."
(6) At 11 AAC 90.341(b)(2), require that any treatment facility used during the anticipated period of gravity
discharge will be consistently maintained, or add a definition of "siltation structure" that is no less effective than the
Federal definition of this term at 30 CFR 701.5.
(7) At 11 AAC 90.443(k), require that the topsoil on the area outside the mined-out area in nonsteep slope areas
shall be removed, segregated, stored and redistributed in accordance with its topsoil removal provisions and that the
spoil be backfilled and graded on the area in accordance with its provisions concerning performance standards or
backfilling and grading, or add provisions to ensure that the disposal of spoil provisions are no less effective than the
Federal regulations at 30 CFR 816.102(d) (2) and (3).
(8) At 11 AAC 90.491(f), require the addition of provisions concerning the alteration or relocation of natural
stream channels, and structures for perennial or intermittent stream channel crossings that are no less effective than
30 CFR 816.151(d)(5) and (6) and 817.151(d)(5) and (6).
[57 FR 37423, Aug. 19, 1992; 61 FR 48835, 48842, Sept. 17, 1996; 62 FR 15115, 15117, Mar. 31, 1997; 64 FR
8510, 8514, Feb. 22, 1999]
[EFFECTIVE DATE NOTE: 64 FR 8510, 8514, Feb. 22, 1999, revised paragraph (b)(8), effective Feb. 22, 1999.]
30 CFR Sec. 902.20 Approval of Alaska Abandoned Mine Land Reclamation Plan.
The Alaska Reclamation Plan, as submitted on August 17, 1983, is approved effective December 23, 1983. Copies
of the approved plan are available at:
(a) Department of Natural Resources, Division of Mining and Water Management, 3601 C Street, Suite 800,
Anchorage, AK 99503-5925, Telephone: (907)762-2149.
(b) Office of Surface Mining Reclamation and Enforcement, Western Regional Coordinating Center, Technical
Library, 1999 Broadway, Suite 3320, Denver, Colorado 80202-5733.
[57 FR 53992, Nov. 16, 1992; 60 FR 33724, June 29, 1995; 60 FR 54592, 54593, Oct. 25, 1995]
30 CFR Sec. 902.25 Approval of Alaska abandoned mine land reclamation plan amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
________________________________________________________________________________
Original Amendment Date of final Citation/description
submission date publication
May 28, 1992 Nov. 16, 1992 Emergency response reclamation program.
________________________________________________________________________________
[57 FR 53993, Nov. 16, 1992; 62 FR 9932, 9935, March 5, 1997]
[EFFECTIVE DATE NOTE: 62 FR 9932, 9935, March 5, 1997, revised this section, effective April 4, 1997.]
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