[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