[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Proposed Rules]
[Pages 20138-20140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10772]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-067-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for
public hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Alabama regulatory program (hereinafter the ``Alabama program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to the Alabama Surface Mining
Commission Rules pertaining to hearing orders and decisions, license
application requirements, procedures for permit application review,
determination of bond forfeiture amount, surface and ground water
monitoring, disposal of excess spoil, and coal mine waste. The
amendment is intended to revise the Alabama program to provide
additional safeguards, clarify ambiguities, and improve operational
efficiency.
This document sets forth the times and locations that the Alabama
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 27,
1997. If requested, a public hearing on the proposed amendment will be
held on May 20, 1997. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t. on May 12, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Andrew R. Gilmore, Acting Director,
Birmingham Field Office, at the address listed below.
Copies of the Alabama program, the proposed amendment, a listing of
any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Birmingham Field Office.
Andrew R. Gilmore, Acting Director, Birmingham Field Office, Office of
Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite
215, Homewood, Alabama 35209, Telephone: (205) 290-7282.
Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box 2390,
Jasper, Alabama 35502-2390, Telephone (205) 221-4130.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Acting Director, Birmingham Field Office, Telephone:
(205) 290-7282.
SUPPLEMENTARY INFORMATION:
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 22062). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
901.15 and 901.16.
[[Page 20139]]
II. Description of the Proposed Amendment
By letter dated March 28, 1997 (Administrative Record No. AL-0562),
Alabama submitted a proposed amendment to its program pursuant to
SMCRA. Alabama submitted the proposed amendment at its own initiative.
Alabama proposes to amend 11 sections of the Alabama Surface Mining
Commission Rules. The full text of the proposed program amendment
submitted by Alabama is available for public inspection at the
locations listed above under ADDRESSES. A brief discussion of the
proposed amendment is presented below.
1. Rule 880-X-5A-.22 Orders and Decisions
Alabama is proposing to replace the existing requirements for
hearing orders and decisions with the following new requirements. At
paragraph (1)(a), the hearing officer is to make a written decision
within 60 days after the close of any hearing. At paragraph (1)(b), the
Division of Hearings and Appeals (DHA) is to provide copies of all
orders of the hearing officer to all parties, other than the regulatory
authority, by first class mail. At paragraph (2), any party may
petition the Commission for an expedited review of any pending appeal
if the hearing officer fails to render a decision within the time
specified in paragraph (1)(a).
2. Rule 880-X-6A-.06 License Application Requirements
At paragraph (k), the reference to ``Chapter 880-X-7'' is corrected
to read ``Chapter 880-X-8.''
3. Rule 880-X-7B-.07 Procedures for Permit Application Review
In the first sentence of paragraph (5), the word ``signator'' is
corrected to read ``signatory.''
4. Rule 880-X-9E-.05 Determination of Forfeiture Amount
At paragraph (2), the word ``principle'' is corrected to read
``principal'' and minor language changes are made to clarify the
existing requirement. At paragraph (3), minor language changes were
made to clarify the existing requirement.
5. Rule 880-X-10C-.23 Hydrologic Balance: Surface and Ground Water
Monitoring
At paragraph (2)(a), the reference to ``Rule 880-X-8E-.06(7)'' is
corrected to read ``Rule 880-X-8E-.06(1)(j).''
6. Rule 880-X-10C-.36 Disposal of Excess Spoil (Surface Mining
Activities)
At paragraph (13)(b), the word ``fields'' is corrected to read
``fills.'' At paragraph (13)(b)1., the reference to ``Rule 880-X-
10C-.41'' is corrected to read ``Rule 880-X-10C-.40.'' In the first
sentence of paragraph (16)(a), the language ``in natural ground along
the periphery of the fill'' is removed.
7. Rule 880-X-10C-.38 Coal Mine Waste: General Requirements (Surface
Mining Activities)
At Rule 880-X-10C-.38, existing paragraph (1)(d) is removed and
existing paragraphs (1)(e) and (1)(f) are redesignated paragraphs
(1)(d) and (1)(e), respectively.
8. Rule 880-X-10-.40 Coal Mine Waste: Refuse Piles (Surface Mining
Activities)
At paragraph (3)(a), Alabama is proposing an exception to the
requirement to spread coal mine waste in layers no thicker than 24
inches. If engineering data substantiates a minimum safety factor of
1.5 for the refuse pile, the State regulatory authority may approve
layers exceeding 24 inches in thickness.
9. Rule 880-X-10D-.33 Disposal of Excess Spoil and Underground
Development Waste (Underground Mining Activities)
At paragraph (13)(b), the word ``fields'' is corrected to read
``fills.'' At paragraph (13)(b)1., the reference to ``Rule 880-X-
10D-.37'' is corrected to read ``Rule 880-X-10D-.36.'' In the first
sentence of paragraph (16)(a), the language ``in natural ground along
the periphery of the fill'' is removed.
10. Rule 880-X-10D-.34 Coal Mine Waste: General Requirements
(Underground Mining Activities)
At Rule 880-X-10D-.34, existing paragraph (1)(d) is removed and
existing paragraphs (1)(e) and (1)(f) are redesignated paragraphs
(1)(d) and (1)(e), respectively.
11. Rule 880-X-10D-.36 Coal Mine Waste: Refuse Piles (Underground
Mining Activities)
At paragraph (3)(a), Alabama is proposing an exception to the
requirement to spread coal mine waste in layers no thicker than 24
inches. If engineering data substantiates a minimum safety factor of
1.5 for the refuse pile, the State regulatory authority may approve
layers exceeding 24 inches in thickness.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Alabama program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Birmingham Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t. on May 12, 1997. The location and time of the hearing will be
arranged with those persons requesting the hearing. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT. If no one requests an opportunity to speak at the
public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be
[[Page 20140]]
posted at the locations listed under ADDRESSES. A written summary of
each meeting will be made a part of the Administrative Record.
IV. 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
counterpart 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 counterpart 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 Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 18, 1997.
Deborah Watford,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-10772 Filed 4-24-97; 8:45 am]
BILLING CODE 4310-55-M