Alabama Regulatory Program

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; Reopening and Extension of Public Comment Period

on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a

previously proposed amendment to the Alabama regulatory program

(hereinafter referred to as the ``Alabama program'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for

Alabama's proposed rules pertain to Rule 880-X-5A-.22, Orders and

Decisions; and Rules 880-X-10C-.40 and 880-X-10D-.36, Coal Mine Waste:

Refuse Piles (Surface Mining Activities and Underground Mining

Activities, respectively). The amendment is intended to provide

additional safeguards, clarify ambiguities, and improve operational

efficiency.

DATES: Written comments must be received by 4:00 p.m., c.d.t., November

3, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to

Arthur W. Abbs, Director, Birmingham Field Office at the address listed

below.

Copies of the Alabama program, the proposed amendment, 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.

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.

Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box 2390,

Jasper, Alabama 35502-2390, Telephone (205) 221-4130.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, 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.

II. Discussion 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. The provisions of the Alabama Surface Mining Commission

Rules that Alabama proposes to amend are: Rule 88-X-5A-.22, Orders and

Decisions; Rule 880-X6A-.06, License Application Requirements; Rule

880-X-7B-.07, Procedures for Permit Application Review; Rule 880-X-

9E-.05, Determination of Forfeiture Amount; Rule 880-X-10C-.23,

Hydrologic Balance: Surface and Ground Water Monitoring; Rule 880-X-

10C-.36, Disposal of Excess Spoil (Surface Mining Activities); Rule

880-X-10C-.38, Coal Mine Waste: General Requirements (Surface Mining

Activities); Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface

Mining Activities); Rule 880-X-10D-.33, Disposal of Excess Spoil and

Underground Development Waste (Underground Mining Activities); Rule

880-X-10D-.34, Coal Mine Waste: General Requirements (Underground

Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse

Piles (Underground Mining Activities).

OSM announced receipt of the proposed amendment in the April 25,

1997, Federal Register (62 FR 20138) and invited public comment on its

adequacy. The public comment period ended May 27, 1997.

During its review of the amendment, OSM identified concerns

relating to Rule 880-X-5A-.22, Orders and Decisions; Rule 880-X-

10C-.40, Coal Mine Waste: Refuse Piles (Surface Mining Activities); and

Rule 880-X-10D-.36, Coal Mine Waste: Refuse Piles (Underground Mining

Activities). On June 16, 1997, OSM notified Alabama of the concerns by

telephone and by fax (Administrative Record No. AL-0572). Alabama

responded in a letter dated July 30, 1997, (Administrative Record No.

AL-0572) by submitting a revision to the amendment and additional

explanatory information.

Alabama proposes revisions to Rule 880-X-5A-.22, Orders and

Decisions; Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface

Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse

Piles (Underground Mining Activities).

Specifically, Alabama proposes at Rule 880-X-5A-.22, Orders and

Decisions, to change from 60 days to 30 days the time in which the

hearing officer must make a written decision after the close of any

hearing. For Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface

Mining Activities) and Rule 880-X-10D-.36, Coal Mine Waste: Refuse

Piles (Underground Mining Activities), Alabama proposes to issue a

policy statement clarifying that the phrase ``safety factor'' means

``static safety factor.''

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Alabama program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. 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.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

[[Page 53997]]

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

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: October 9, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-27624 Filed 10-16-97; 8:45 am]

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