State of Alaska

Department of Natural Resources
Notice of Public Scoping for Possible
DNR Regulation Revisions
Under Administrative Order 266

Surface Coal Mining Regulations

The Alaska Department of Natural Resources (the Department) is proposing to codify and amend surface coal mining regulations in the Alaska Administrative Code in 11 AAC 90. The purpose of the revisions is to codify existing regulations for ease of use and transparency, and to implement program amendments required by the Office of Surface Mining Reclamation and Enforcement (OSMRE), a federal agency within the U.S. Department of Interior.

The Alaska Division of Mining, Land and Water (the Division) administers the Alaska Coal Mining Control and Reclamation Act and its implementing regulations for coal mining on private, municipal, and federal land in Alaska. The state’s coal program, which must comply with federal OSMRE standards, comprehensively regulates almost all aspects of coal mining activity from exploration to final reclamation. Revisions to these regulations are necessary for the state to maintain primacy over the Alaska surface coal mining and reclamation program and continue to receive federal funding to implement the program. More information on the program can be found on the Division’s website here: https://dnr.alaska.gov/mlw/mining/coal/ and https://dnr.alaska.gov/mlw/mining/aml/.

The Department is soliciting feedback and comments from the public on proceeding with codification of existing state coal regulations and amending state regulations to be consistent with recent changes in federal regulations, and to enable continued state administration of the coal program. The purpose of this notice is to ask the public for input that can be considered as the Department undertakes the task of drafting proposed regulations for public review. A copy of the existing regulations is available here: https://dnr.alaska.gov/mlw/news/

Written input must be received no later than 5:00 p.m. on September 27, 2021. Please send all submissions by mail or email to:

Jane Boer
Alaska Department of Natural Resources
550 West 7^th Ave. Suite 1070
Anchorage, Alaska, 99501-3577

dnr.mining.regulation@alaska.govFeedback and comments submitted by the public in response to this scoping notice will be reviewed by the Department if, and when, it drafts proposed changes to the surface coal mining regulations. Any proposed regulatory changes will be released for public review and comment in compliance with the Administrative Procedure Act in Alaska Statutes 44.62.