[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Pages 35805-35807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17526]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-065-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving an amendment to the Alabama regulatory
program (hereinafter referred to as the ``Alabama program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alabama's
revisions to and additions of statutes pertain to the small operator
assistance program (SOAP), the repair of homes and other structures
materially damaged by underground coal mining, and the replacement of
affected water supplies. The amendments is intended to revise the
Alabama program to be consistent with SMCRA.
EFFECTIVE DATE: July 1, 1998.
FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215,
Homewood, Alabama 35209, Telephone: (205) 290-7282.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director'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 22062). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
901.15 and 901.16.
II. Submission of the Proposed Amendment
By letter dated April 14, 1998 (Administrative Record No. AL-0579),
Alabama submitted an amendment to its program pursuant to SMCRA.
Alabama submitted the amendment in response to a May 20, 1996, letter
(Administrative Record No. AL-0555) that OSM sent to Alabama in
accordance with 30 CFR 732.17(c). OSM announced receipt of the
amendment in the April 29, 1998, Federal Register (63 FR 23403), and in
the same document opened the public comment period and provided an
opportunity for a public hearing or meeting on the adequacy of the
proposed amendment. The public comment period closed on May 29, 1998.
Because no one requested a public hearing or meeting, none was held.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
A. Section 9-16-83. Permits; Fee
1. Alabama proposed to revise paragraph (c) to read as follows:
(c)(1) If the regulatory authority finds that the probable total
annual production at all locations of any surface coal mining
operator will not exceed 300,000 tons, the cost of the following
activities, which shall be performed by a qualified public or
private laboratory or such other public or private qualified entity
designated by the regulatory authority, shall be assumed by the
regulatory authority upon the written request of the operator in
connection with a permit application, provided that funds are made
available to the regulatory authority for such purposes by the
Secretary of the U.S. Department of Interior.
(A) The determination of probable hydrologic consequences
required by subsection (b)(10), including the engineering analyses
and designs necessary for the determination.
(B) The development of cross-section maps and plans required by
subsection (b)(13).
(C) The geologic drilling and statement of results of test
borings and core samplings required by subsection (b)(14).
(D) The collection of archaeological information required by
subsection (b)(12) and any other archaeological and historical
information required by the regulatory authority, and the
preparation of plans necessitated thereby.
(E) Pre-blast surveys required by subsection 9-16-90(b)(15)e.
(F) The collection of site-specific resource information and
production of protection and enhancement plans for fish and wildlife
habitats and other environmental values required by the regulatory
authority under this Act.
(2) The regulatory authority shall provide or assume the cost of
training coal operators that meet the qualifications stated in
paragraph (1) concerning the preparation of permit applications and
compliance with the regulatory program, and shall ensure that
qualified coal operators are aware of the assistance available under
this subsection; provided that funds for such purposes are made
available to the regulatory authority by the Secretary of the U.S.
Department of Interior.
The Director is approving this revision because it is no less
stringent than section 507(c)(1) of SMCRA.
2. Alabama proposed to add new paragraph (h) to read as follows:
(h) A coal operator that has received assistance pursuant to
subsection (c) (1) or (2) shall reimburse the regulatory authority
for the cost of the services rendered if the program administrator
finds that the operator's actual and attributed annual production of
coal for all locations exceeds 300,000 tons during the 12 months
immediately following the date on which the operator is issued the
surface coal mining and reclamation permit.
[[Page 35806]]
The Director is approving this revision because it is no less
stringent than section 507(h) of SMCRA.
B. Section 9-16-91. Underground Coal Mining; Effects on Surface
Alabama proposed to add new paragraph (e) to read as follows:
(e) Underground coal mining operations conducted after the date
of enactment of this section shall comply with each of the following
requirements:
(1) Promptly repair, or compensate for, material damage
resulting from subsidence caused to any occupied residential
dwelling and structure related thereto, or non-commercial building
due to underground coal mining operations. Repair of damage shall
include rehabilitation, restoration, or replacement of the damaged
occupied residential dwelling and structures related thereto, or
non-commercial building. Compensation shall be provided to the owner
of the damaged occupied residential dwelling and structures related
thereto or non-commercial building and shall be in the full amount
of the diminution in value resulting from the subsidence.
Compensation may be accomplished by the purchase, prior to mining,
of a noncancellable premium-prepaid insurance policy.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring in existence prior to the
application for a surface coal mining and reclamation permit, which
has been affected by contamination, diminution, or interruption
resulting from underground coal mining operations. Nothing in this
section shall be construed to prohibit or interrupt underground coal
mining operations.
The Director is approving this revision because it is no less
stringent than section 720 of SMCRA.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Alabama program.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.) None
of the revisions that Alabama proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request the EPA's concurrence.
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. AL-0580).
The EPA did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
AL-0580). The Alabama Historical Commission (Commission) responded in a
letter dated May 5, 1998 (Administrative Record No. AL-0582). The
Commission wanted to know who defines the terms ``known'' and
``significant'' at section 9-16-83(b)(12) regarding archaeological
sites and if the Alabama Surface Mining Commission (ASMC) or some other
agency would pay for archaeological studies discussed at section 9-16-
83(c)(1). The Commission also wanted clarification on what it meant to
``seal all portals'' at section 9-16-91(b)(2), and stated that there
are historic portal facings which need to be preserved and that this
issue needed to be more clearly addressed. In addition, at section 9-
16-91(b)(7), the Commission wanted to know if the proximity of
culturally significant sites to mining activities should be of more
concern in cases where adverse effects could come from a greater
distance, i.e., blasting. Furthermore, at section 9-16-91(b)(10), it
wanted to know if other surface impacts not specified in section 9-16-
91(b) would be subject to section 106 of the National Historic
Preservation Act of 1966 if the ASMC received a permit. Finally, the
Commission felt that significant cultural resources should be addressed
at section 9-16-91(c)(1) which pertains to protecting the stability of
the land.
Alabama did not propose to amend the above aforementioned sections
of its statutes. In addition, these statute sections are substantially
identical to the Federal statutes at sections 507 and 516 of SMCRA,
and, therefore, are not inconsistent with the Federal requirement. In
acting on State program amendments, the Director only addresses those
sections of a State's laws and regulations where revisions are proposed
by the State. However, OSM forwarded a copy of the Commission's
comments to the ASMC for its consideration in future rulemaking.
The Commission made one other comment pertaining to Alabama's
amendment. It stated that section 9-16-83(c)(1)(d) needed to be
clarified and that a possible agreement be developed between the
Commission and the ASMC. Section 9-16-83(c)(1)(d) pertains to one
activity that the ASMC can provide assistance for to eligible mine
operators if a surface coal mining operator does not exceed a total
annual production of 300,000 tons at all its coal mining locations, and
provided that funds are made available to the ASMC for such purposes by
the Secretary of the United States Department of the Interior under the
small operator assistance program (SOAP). The assistance allows the
regulatory authority to obtain certain services on behalf of the
operator to aid in the preparation of a permit application. This
statute is substantially identical to the Federal statute at section
507(c)(1)(D) of SMCRA, and is, therefore, not inconsistent with the
Federal requirement. Any clarification or agreement that the Commission
feels a need for must be discussed directly with the ASMC.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Alabama on April 14, 1998.
The Federal regulations at 30 CFR Part 901, codifying decisions
concerning the Alabama program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
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.
[[Page 35807]]
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
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 23, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 901 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.
2. Section 901.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 901.15 Approval of Alabama regulatory program amendments.
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Original amendment submission Date of final Citation/
date publication description
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* * * * *
April 14, 1998.................. July 6, 1998...... Code of Ala.
Sections 9-16-
83(c) and (h); 9-
16-91(e).
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[FR Doc. 98-17526 Filed 6-30-98; 8:45 am]
BILLING CODE 4310-05-M