Alabama Regulatory Program

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: 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 and additions of statutes

pertaining 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 amendment

is intended to revise the Alabama program to be consistent with SMCRA.

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 29,

1998. If requested, a public hearing on the proposed amendment will be

held on May 26, 1998. Requests to speak at the hearing must be received

by 4:00 p.m., c.d.t. on May 14, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Arthur Abbs, 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.

Arthur 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 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. Description of the Proposed Amendment

By letter dated April 14, 1998 (Administrative Record No. AL-5079),

Alabama submitted a proposed amendment to its program pursuant to

SMCRA. Alabama submitted the proposed amendment in response to a May

20, 1996, letter (Administrative Record No. AL-0555) and a June 17,

1997, letter (Administrative Record No. AL-0568) that OSM sent to

Alabama in accordance with 30 CFR 732.17(c). Alabama proposes to amend

the Alabama Surface Mining Control and Reclamation Act. 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.

A. Section 9-16-82. Permits; Fee

1. Alabama proposes 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

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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.

2. Alabama proposes 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.

B. Section 9-16-91. Underground Coal Mining; Effects on Surface

Alabama proposes to add new paragraph (e) to read as follows:

(e) Underground coal mining operations conducted after the date

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 structures 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.

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 14, 1998. 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,

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 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

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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: April 21, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-11342 Filed 4-28-98; 8:45 am]

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