Alabama Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SPATS No. AL-068-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

amendment consists of revisions to and additions of regulations

pertaining to definitions, petitions to initiate rulemaking license

applications, operation plans, reclamation plans, subsidence control,

lands eligible for remining, permit applications, small operator

assistance program, performance bond release, hydrologic balance, coal

mine waste, backfilling and grading, revegetation, soil removal and

stockpiling, inspections, and hearings. The amendment is intended to

revise the Alabama program to be consistent with the corresponding

Federal regulations.

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.,

September 24, 1998. If requested, a public hearing on the proposed

amendment will be held on September 21, 1998. Requests to speak at the

hearing must be received by 4:00 p.m., c.d.t. on September 9, 1998.

mments 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.,

September 24, 1998. If requested, a public hearing on the proposed

amendment will be held on September 21, 1998. Requests to speak at the

hearing must be received by 4:00 p.m., c.d.t. on September 9, 1998.

ADDRESSES: Written comments and requests to speak at the hearing 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, 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 W. Abbs, Director, Birmingham Field Office, Office of

Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite

215, Homewood, Alabama 35209.

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

2390, Jasper, Alabama 35502-2390.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham Field Office. Telephone: (205)

290-7282. Internet: [email protected].

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

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 August 4, 1998 (Administrative Record No. AL-0584),

Alabama submitted a proposed amendment to its program pursuant to

SMCRA. Alabama submitted the 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) and at its own initiative. Alabama

proposes to amend the Alabama Surface Mining Commission (ASMC) 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 summary of the proposed amendment is presented below.

1. 880-X-2A-06, Definitions

Alabama is adding a definition of ``drinking, domestic or

residential water supply'' to mean ``water received from a well or

spring and any appurtenant delivery system that provides water for

direct human consumption or household use. Wells and springs that serve

only agricultural, commercial or industrial enterprises are not

included except to the extent the water supply is for direct human

consumption or human sanitation, or domestic use.''

Alabama is adding a definition of ``lands eligible for remining''

to mean ``those lands that would otherwise be eligible for expenditures

under section 404 or under section 402(g)(4) of the Surface Mining

Control and Reclamation Act of 1977, P.L

ndustrial enterprises are not

included except to the extent the water supply is for direct human

consumption or human sanitation, or domestic use.''

Alabama is adding a definition of ``lands eligible for remining''

to mean ``those lands that would otherwise be eligible for expenditures

under section 404 or under section 402(g)(4) of the Surface Mining

Control and Reclamation Act of 1977, P.L. 95-87.''

Alabama is adding a definition of ``material damage'' to mean ``in

the context of 880-X-8I-.20 and 880-X-10D-.58, (a) Any functional

impairment of surface lands, features, structures or facilities; (b)

Any physical change that has a significant adverse impact on the

affected land's capability to support any current or reasonably

foreseeable uses or causes significant loss in production or income; or

(c) Any significant change in the condition, appearance or utility of

any structure or facility from its pre-subsidence condition.''

Alabama is adding a definition of ``non-commercial building'' to

mean ``any building other than an occupied residential dwelling, that,

at the time the subsidence occurs, is used on a regular or temporary

basis as a public building or community or institutional building as

those terms are defined in this section. Any building used only for

commercial agricultural, industrial, retail or other commercial

enterprise is excluded.''

Alabama is adding a definition of ``occupied residential dwelling

and structures related thereto'' to mean ``for purposes of 880-X-8I-.20

and 880-X-10D-.58, any building or other structure that, at the time

the subsidence occurs, is used either temporarily, occasionally,

seasonally, or permanently for human habitation. This term also

includes any building, structure or facility installed on, above or

below, or a combination thereof, the land surface if that building,

structure of facility is adjunct to or used in connection with an

occupied residential dwelling

other structure that, at the time

the subsidence occurs, is used either temporarily, occasionally,

seasonally, or permanently for human habitation. This term also

includes any building, structure or facility installed on, above or

below, or a combination thereof, the land surface if that building,

structure of facility is adjunct to or used in connection with an

occupied residential dwelling. Examples of such structures include, but

are not limited to, garages; storage sheds and barns; greenhouses and

related buildings; utilities and cables; fences and other enclosures;

retaining walls; paved or improved patios, walks and driveways; septic

sewage treatment facilities; and lot drainage and lawn and garden

irrigation systems. Any structure used only for commercial

agricultural, industrial, retail or other commercial purposes is

excluded.''

Alabama is revising the definition of ``previously mined area'' to

mean ``land affected by surface coal mining operations prior to August

3, 1977, that has not been reclaimed to the standards of 30 CFR Chapter

VII.''

Alabama is adding a definition of ``program administrator'' to mean

``the Alabama Surface Mining Commission's designee who has the

authority and responsibility for overall management of the Small

Operator's Assistance Program.''

Alabama is adding a definition of ``qualified laboratory'' to mean

``a designated public agency, private firm, institution, or analytical

laboratory that can provide the required determination of probable

hydrologic consequences or statement of results of test borings or core

samplings or other services as specified at 880-X-8N-.10 under the

Small Operator's Assistance Program and that meets the standards of

880-X-8N-.11.''

Alabama is adding a definition of replacement of water supply'' to

mean ``with respect to protected water supplies contaminated,

diminished, or interrupted by coal mining operators, provision of water

supply on both a temporary and permanent basis equivalent to premining

quantity and qualit

-8N-.10 under the

Small Operator's Assistance Program and that meets the standards of

880-X-8N-.11.''

Alabama is adding a definition of replacement of water supply'' to

mean ``with respect to protected water supplies contaminated,

diminished, or interrupted by coal mining operators, provision of water

supply on both a temporary and permanent basis equivalent to premining

quantity and quality. Replacement includes provision of an equivalent

water delivery system and payment of operation and maintenance costs in

excess of customary and reasonable delivery costs for premining water

supplies. (a) Upon agreement by the permittee and the water supply

owner, the obligation to pay such operation and maintenance costs may

be satisfied by a one-time payment in an amount which covers the

present worth of the increased annual operation and maintenance costs

for a period agreed to by the permittee and the water supply owner, (b)

If the affected water supply was not needed for the land use in

existence at the time of loss, contamination, or diminution, and if the

supply is not needed to achieve the postmining land use, replacement

requirements may be satisfied by demonstrating that a suitable

alternative water source is available and could feasibly be developed.

If the latter approach is selected, written concurrence must be

obtained from the water supply owner.''

Alabama is adding a definition of ``siltation structure'' to mean a

sedimentation pond, a series of sedimentation ponds, or other treatment

facility.

Finally, Alabama is adding a definition of ``unanticipated event or

condition'' to mean ``as used in 880-X-8K-.10 of this chapter, an event

or condition related to prior mining activity which arises from a

surface coal mining and reclamation operation on lands eligible for

remining and was not contemplated by the applicable permit.''

2. 880-X-2A-.08, Petitions To Initiate Rulemaking

acility.

Finally, Alabama is adding a definition of ``unanticipated event or

condition'' to mean ``as used in 880-X-8K-.10 of this chapter, an event

or condition related to prior mining activity which arises from a

surface coal mining and reclamation operation on lands eligible for

remining and was not contemplated by the applicable permit.''

2. 880-X-2A-.08, Petitions To Initiate Rulemaking

At section 880-X-2A-.08(3), Alabama proposes to add the language

``once a week'' after the phrase ``a notice shall be published in a

newspaper of general circulation for the State of Alabama.'' Also,

Alabama is revising section 880-X-2A-.08(4) to require that the State

Regulatory Authority, within 60 days from the receipt of the petition,

either deny a petition in writing on the merits, stating the reasons

for denial, or initiate rulemaking proceedings on the petition.

3. 880-X-6A-06, License Application Requirements

At paragraph (d)3., Alabama is correcting the citation reference to

880-X-8K-.11(8).

4. 880-X-8F-.08, Surface Mining and 880-X-8I-.07, Underground Mining;

Operations Plan: Permit Map(s)

At paragraph (1)(e), Alabama is removing the language ``oil wells,

gas wells, water wells''; adding the language ``and adjacent areas''

after the phrase, ``or passing over the proposed permit area''; and

adding the language ``ponds, springs'' after the word ``lakes.''

At paragraph (1)(l), Alabama is revising the language to require

the permit map(s) of an application to show the ``location and extent

of existing or previously surface mined areas within the proposed

permit area.''

Finally, at paragraph (1)(o), Alabama is revising the language to

read:

Location and dimensions or extent of areas of existing and

proposed spoil, waste and non-coal waste disposal, dams embankments,

settling ponds, and other impoundments, and water treatment and air

pollution control facilities, haul roads, and stockpile areas within

the proposed permit area.

5. 880-X-8F-.09, Reclamation Plan: General Requirements

o), Alabama is revising the language to

read:

Location and dimensions or extent of areas of existing and

proposed spoil, waste and non-coal waste disposal, dams embankments,

settling ponds, and other impoundments, and water treatment and air

pollution control facilities, haul roads, and stockpile areas within

the proposed permit area.

5. 880-X-8F-.09, Reclamation Plan: General Requirements

Alabama is adding a second sentence to section 880-X-8F-.09(2)(d)

to read as follows:

A demonstration of the suitability of topsoil substitutes or

supplements shall be based upon analysis of the thickness of soil

horizons, total depth, texture, percent coarse fragments, pH, and

areal extent of the different kinds of soils. The Regulatory

Authority may require other chemical and physical analyses, field-

site trials, or greenhouse tests if determined to be necessary or

desirable to demonstrate the suitability of the topsoil substitutes

or supplements.

6. 880-X-8F-.11, Surface Mining and 880-X-8I-.12, Underground Mining;

Reclamation Plan; Siltation Structures, Impoundments, Banks, Dams, and

Embankments

At paragraph (1), Alabama is removing the language ``sedimentation

pond'' and replacing it with the language ``siltation structure.''

Alabama is revising paragraph (1)(b) to require that impoundments

meeting the Class B or C criteria for dams in the U.S. Department of

Agriculture, Soil Conservation Service Technical Release No. 60 (210-

VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' Technical Release

No. 60 (TR-60) comply with the requirements for structures that meet or

exceed the size or other criteria of the Mine Safety and Health

Administration

(1)(b) to require that impoundments

meeting the Class B or C criteria for dams in the U.S. Department of

Agriculture, Soil Conservation Service Technical Release No. 60 (210-

VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' Technical Release

No. 60 (TR-60) comply with the requirements for structures that meet or

exceed the size or other criteria of the Mine Safety and Health

Administration.

Alabama is amending paragraph (1)(c) by replacing the reference to

``30 CFR 77.216(a)'' with a reference to ``paragraph (1)(b).''

Alabama is revising the first sentence of paragraph (2) to require

that siltation structures be designed in compliance with the

requirements of 880-X-10C-.17 under its surface mining rule and 880-X-

10D-.17 under its underground mining rule. The second sentence of this

paragraph is being removed.

At paragraph (3)(c), Alabama is removing the language ``30 CFR

77.216(a) and located where failure would not be expected to cause loss

of life or serious property damage,'' and replacing it with a reference

to ``paragraph (1)(b).''

Finally, Alabama is amending paragraph (6) by replacing the

language ``[I]f the structure is 20 feet or higher or impounds more

than 20 acre feet, each plan under Paragraph (2), (3),and (5) of this

Section shall include a stability analysis of each structure'' with the

language ``[I]f the structure meets the Class B or C criteria for dams

in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each

plan under paragraphs (2), (3), and (5) of this section shall include a

stability analysis of the structure.''

7. 880-X-8F-.20, Surface Mining and 880-X-8I-.20, Underground Mining

Additional Cross Sections, Maps, and Plans

of each structure'' with the

language ``[I]f the structure meets the Class B or C criteria for dams

in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each

plan under paragraphs (2), (3), and (5) of this section shall include a

stability analysis of the structure.''

7. 880-X-8F-.20, Surface Mining and 880-X-8I-.20, Underground Mining

Additional Cross Sections, Maps, and Plans

Alabama is adding a new section requiring the inclusion of

additional cross sections, maps, and plans in the permit application.

At paragraph (1), the cross sections, maps, and plans must show the

following information: elevations and locations of test borings and

core samplings; elevations and locations of monitoring stations used to

gather data for water quality and quantity, fish and wildlife, and air

quality, if required; nature, depth, and thickness of the coal seams to

be mined, any coal or rider seams above the seam to be mined, each

stratum of overburden, and the stratum immediately below the lowest

coal seam to be mined; all coal crop lines and the strike and dip of

the coal to be mined within the proposed permit area; location and

extent of subsurface water, if encountered, within the proposed permit

or adjacent areas; and location, and depth if available, of gas and oil

wells within the proposed permit area and water wells in the permit

area and adjacent area. Paragraph (2) provides that the information

required in paragraph (1) may be shown on the permit maps required by

880-X-8F-.08 under its surface mining rules or 880-X-8I-.07 under its

underground mining rules.

8. 880-X-8H-.06, Description of Geology and Hydrology and Determination

of the Probable Hydrologic Consequence (PHC)

Alabama is requiring the PHC determination to include the following

finding at 880-X-8H-.06(1)(e)3.(iv):

tion

required in paragraph (1) may be shown on the permit maps required by

880-X-8F-.08 under its surface mining rules or 880-X-8I-.07 under its

underground mining rules.

8. 880-X-8H-.06, Description of Geology and Hydrology and Determination

of the Probable Hydrologic Consequence (PHC)

Alabama is requiring the PHC determination to include the following

finding at 880-X-8H-.06(1)(e)3.(iv):

Whether the underground mining activities conducted after

October 24, 1992, may result in contamination, diminution or

interruption of a well or spring in existence at the time the permit

application is submitted and used for domestic, drinking, or

residential purposes within the permit or adjacent areas.

9. 880-X-8I.10, Subsidence Control Plan

Alabama is adding new provisions at paragraph (1) to require a pre-

subsidence survey in each underground coal mining permit application.

Paragraph (1)(a) requires a map of the permit and adjacent areas

showing the location and type of structures and renewable resource

lands that subsidence may materially damage or diminish in value. The

map must also show the location and type of drinking, domestic, and

residential water supplies that could be contaminated, diminished, or

interrupted by subsidence.

Paragraph (1)(b) requires a narrative indicating whether subsidence

could cause material damage to or diminish the value or reasonably

foreseeable use of such structures or renewable resource lands. The

narrative must also indicate whether subsidence could contaminate,

diminish, or interrupt drinking, domestic, or residential water

supplies.

Paragraph (1)(c) requires a survey of the condition of all non-

commercial buildings or occupied residential dwellings and associated

structures that may be materially damaged or for which the reasonably

foreseeable use may be diminished by subsidence, within the area

encompassed by the applicable angle of draw

minate,

diminish, or interrupt drinking, domestic, or residential water

supplies.

Paragraph (1)(c) requires a survey of the condition of all non-

commercial buildings or occupied residential dwellings and associated

structures that may be materially damaged or for which the reasonably

foreseeable use may be diminished by subsidence, within the area

encompassed by the applicable angle of draw. It also requires a survey

of the quantity and quality of all drinking, domestic, and residential

water supplies within the permit area and adjacent area that could be

contaminated, diminished, or interrupted by subsidence. If the

applicant cannot make these surveys because the owner will not allow

access to the site, the applicant will notify the owner, in writing, of

the effect that denial of access will have as described in 880-X-

10D-.58(3)(d). The applicant must pay for any technical assessment or

engineering evaluation used to determine the pre-mining conditions or

values of the above buildings, dwellings, structures, or water

supplies. The applicant also must provide copies of the surveys and

technical assessments or engineering evaluations to the property owners

and the Regulatory Authority.

Alabama is amending the existing introductory language of 880-X-

8I-.10 and redesignating it as paragraph (2). The first sentence is

being removed, and the second sentence is being revised by adding the

language ``conducted under paragraph (1) of this section'' after the

word ``survey.'' Existing paragraphs (1) through (8) are being

redesignated as paragraphs (2)(a) through (i) with the following

changes. New paragraph (2)(g)

ntroductory language of 880-X-

8I-.10 and redesignating it as paragraph (2). The first sentence is

being removed, and the second sentence is being revised by adding the

language ``conducted under paragraph (1) of this section'' after the

word ``survey.'' Existing paragraphs (1) through (8) are being

redesignated as paragraphs (2)(a) through (i) with the following

changes. New paragraph (2)(g)

requires a description of methods to be employed to minimize damage

from planned subsidence to non-commercial buildings and occupied

residential dwellings and associated structures or the written consent

of the owner of the structure or facility that minimization measures

not be taken. This description or written consent may not be needed if

the applicant can demonstrate that the costs of minimizing damage

exceed the anticipated costs of repair, unless the anticipated damage

would constitute a threat to health or safety. Existing paragraph (7)

is being redesignated as paragraph (2)(h) and is being amended to

require a description of the measures to be taken in accordance with

880-X-10D-.12(10) and 880-X-10D-.58(3) to replace adversely protected

water supplies or to mitigate or remedy any subsidence-related material

damage to the land and protected structures.

10. 880-X-8J-.13, Lands Eligible for Remining

Paragraph (1) covers the scope of this new section. This section

contains permitting requirements to implement 880-X-8K-.10(2)(d).

Persons who submit a permit application to conduct a surface coal

mining operation on lands eligible for remining must comply with this

section.

Paragraph (2) provides that any application for a permit under this

section must be made according to all requirements applicable to

surface coal mining and reclamation operations and the additional

requirements of paragraphs (2)(a), (b), and (c)

.

Persons who submit a permit application to conduct a surface coal

mining operation on lands eligible for remining must comply with this

section.

Paragraph (2) provides that any application for a permit under this

section must be made according to all requirements applicable to

surface coal mining and reclamation operations and the additional

requirements of paragraphs (2)(a), (b), and (c). Paragraph (2)(a)

requires that to the extent not otherwise addressed in the permit

application, the applicant is to identify potential environmental and

safety problems related to prior mining activity at the site that could

be reasonably anticipated to occur. The identification is to be based

on an investigation which includes visual observations, a record review

of past mining, and environmental sampling. Paragraph (2)(b) requires a

description of the mitigative measures that will be taken to ensure the

applicable reclamation requirements can be met if potential

environmental and safety problems are identified in paragraph (2)(a).

Paragraph (2)(c) provides that the requirements of this section shall

not apply after September 30, 2004.

11. 880-X-8K.10, Review of Permit Applications

Alabama is adding a new provision at paragraph (2)(d). Paragraph

(2)(d)1. provides that subsequent to October 24, 1992, the prohibitions

of paragraph (2) shall not apply to any violation that occurs after

that date, is unabated, and results from an unanticipated event or

condition that arises from a surface coal mining and reclamation

operation on lands that are eligible for remining under a permit. The

permit must be issued before September 30, 2004, or any renewals

thereof, and held by the person making application for the new permit.

Paragraph (2)(d)2. provides that for permits issued under 880-X-8J-.13,

an event or condition shall be presumed to be unanticipated for the

purposes of this paragraph if it arose after permit issuance, was

related to prior mining, and was not identified in the permit

ust be issued before September 30, 2004, or any renewals

thereof, and held by the person making application for the new permit.

Paragraph (2)(d)2. provides that for permits issued under 880-X-8J-.13,

an event or condition shall be presumed to be unanticipated for the

purposes of this paragraph if it arose after permit issuance, was

related to prior mining, and was not identified in the permit.

Alabama is adding a new provision at paragraph (3)(m) that

specifies the permit application requirements for permits issued under

880-X-8J-.13. Paragraph (3)(m)1. requires the permit application to

contain lands eligible for remining. Paragraph (3)(m)2. requires the

application to contain an identification of the potential environmental

and safety problems related to prior mining activity which could

reasonably be anticipated to occur at the site. Paragraph (3)(m)3.

requires mitigation plans to sufficiently address potential

environmental and safety problems so that reclamation can be

accomplished.

12. 880-X-8N-.07, Small Operator Assistance Program; Eligibility for

Assistance.

Alabama is amending paragraph (c) by removing the existing first

sentence and adding the following sentence:

Establishes that his or her probable total attributed annual

production from all locations on which the operator is issued the

surface coal mining and reclamation permit will not exceed 300,000

tons.

Alabama is removing the language in existing paragraph (c)1. and is

redesignating paragraph (c)2. as paragraph (c)1. with the following

changes: the word ``beneficial'' is removed; the phrase ``of the

applicant'' is added after the word ``ownership''; and the percent of

ownership is changed to 10 percent.

New paragraph (c)2. provides that production from the pro rata

share, based upon percentage of ownership of applicant, of coal

produced in other operations by persons who own more than 10 percent of

the applicant's operation shall be attributed to the permittee.

Alabama is removing existing paragraph (c)3

ed after the word ``ownership''; and the percent of

ownership is changed to 10 percent.

New paragraph (c)2. provides that production from the pro rata

share, based upon percentage of ownership of applicant, of coal

produced in other operations by persons who own more than 10 percent of

the applicant's operation shall be attributed to the permittee.

Alabama is removing existing paragraph (c)3. New paragraph (c)3.

provides that production from all coal produced by operations owned by

persons who directly or indirectly control the applicant by reason of

direction of the management shall be attributed to the permittee.

Alabama is removing paragraph (c)4. and redesignating paragraph

(c)5. as paragraph (c)4.

Alabama is adding a new provision at paragraph (d) to provide that

the applicant is eligible for assistance if he is not restricted in any

manner from receiving a permit under the permanent regulatory program.

Existing paragraph (d) is redesignated as paragraph (e).

13. 880-X-8N-.10, Small Operator Assistance Program; Data Requirements

Alabama is removing the existing requirements under 880-X-8N-.10

and adding new requirements. Paragraph (1) provides that to the extent

possible with available funds, the Program Administrator shall select

and pay a qualified laboratory to make the determination and statement

and provide other services referenced in paragraph (2) of this section

for eligible operators who request assistance.

Paragraph (2) requires the Program Administrator to determine the

data needed for each applicant or group of applicants. It also requires

that the data collected shall be sufficient to satisfy the requirements

of paragraphs (2)(a) through (f)

e the determination and statement

and provide other services referenced in paragraph (2) of this section

for eligible operators who request assistance.

Paragraph (2) requires the Program Administrator to determine the

data needed for each applicant or group of applicants. It also requires

that the data collected shall be sufficient to satisfy the requirements

of paragraphs (2)(a) through (f). Paragraph (2)(a) requires the

determination of the probable hydrologic consequences of the surface

mining and reclamation operation in the proposed permit area and

adjacent areas, including the engineering analyses and designs

necessary for the determination in accordance with 880-X-8E-.06(f),

880-X-8H-.06(1)(e) and any other applicable provisions of these

regulations. Paragraph (2)(b) requires the drilling and statement of

the results of test borings or core samplings for the proposed permit

area in accordance with 880-X-8E-.06(2)(b) and 880-X-8H-.06(2)(b) and

any other applicable provisions of these regulations. Paragraph (2)(c)

requires the development of cross-section maps and plans for the

information required by 880-X-8F-.08(e), (l), (m) and (o) and 880-X-

8F-.20, or 880-X-8I-.07(e), (l), (m) and (o) and 880-X-8I-.20.

Paragraph (2)(d) requires the collection of archaeological and historic

information and related plans required by 880-X-8E-.05 and 880-X-8H-.05

and 880-X-8F-.14 and 880-X-8I-.14 and any other archaeological and

historic information required by the Regulatory Authority. Paragraph

(2)(e) requires pre-blast surveys required by 880-X-10C-.31. Paragraph

-.07(e), (l), (m) and (o) and 880-X-8I-.20.

Paragraph (2)(d) requires the collection of archaeological and historic

information and related plans required by 880-X-8E-.05 and 880-X-8H-.05

and 880-X-8F-.14 and 880-X-8I-.14 and any other archaeological and

historic information required by the Regulatory Authority. Paragraph

(2)(e) requires pre-blast surveys required by 880-X-10C-.31. Paragraph

(2)(f) requires the collection of site-specific resources information,

protection and enhancement plans for fish and wildlife habitats

required by 880-X-8E-.11 and

880-X-8F-.18, and information and plans for any other environmental

values required by the Regulatory Authority.

Paragraph (3) provides that data collection and analysis may

proceed concurrently with the development of mining and reclamation

plans by the operator.

Paragraph (4) provides that data collected under this program shall

be made publicly available in accordance with 880-X-8K-.05(4) and that

the Regulatory Authority shall develop procedures for interstate

coordination and exchange of data.

14. 880-X-8N-.13, Small Operator Assistance Program; Applicant

Liability

Alabama is revising paragraph (1) by requiring the applicant to

reimburse the Regulatory Authority for the cost of the services if any

of the conditions specified in paragraphs (1)(a) through (f) occur. New

paragraph (1)(c) is being added to require reimbursement if the

applicant fails to submit a permit application within one year from the

date of receipt of the approved laboratory report. Existing paragraphs

(1)(c) through (e) are being redesignated as paragraphs (1)(d) through

uthority for the cost of the services if any

of the conditions specified in paragraphs (1)(a) through (f) occur. New

paragraph (1)(c) is being added to require reimbursement if the

applicant fails to submit a permit application within one year from the

date of receipt of the approved laboratory report. Existing paragraphs

(1)(c) through (e) are being redesignated as paragraphs (1)(d) through

(f). Redesignated paragraph (1)(e) is being revised to require

reimbursement if ``the Program Administrator finds that the applicant's

actual and attributed annual production of coal 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.''

Redesignated paragraph (1)(f) is being revised to require reimbursement

if ``the permit is sold, transferred, or assigned to another person and

the transferee's total actual and attributed tonnage exceeds the

300,000 annual production limit during the twelve months immediately

following the date on which the permit was originally issued.''

Alabama is revising paragraph (2) by replacing the language

``Regulatory Authority'' with the language ``Program Administrator.''

15. 880-X-9D-.02, Procedures for Seeking Release of Performance Bond

At new paragraph (1)(c), Alabama requires the permittee to include

in each application for bond release a notarized statement which

certifies that all applicable reclamation activities have been

accomplished in accordance with the requirements of the Act, the

regulatory program, and the approved reclamation plan. Existing

paragraph (1)(c) is redesignated as paragraph (1)(d).

16. 880-X-10C-.17, Surface Mining and 880-X-10D-.17, Underground

Mining; Hydrologic Balance: Siltation Structures

Alabama is removing and reserving paragraph (1)(a). Alabama further

revises paragraph (1)(c) to read as follows:

accordance with the requirements of the Act, the

regulatory program, and the approved reclamation plan. Existing

paragraph (1)(c) is redesignated as paragraph (1)(d).

16. 880-X-10C-.17, Surface Mining and 880-X-10D-.17, Underground

Mining; Hydrologic Balance: Siltation Structures

Alabama is removing and reserving paragraph (1)(a). Alabama further

revises paragraph (1)(c) to read as follows:

Other treatment facilities mean any chemical treatments, such as

flocculation or neutralization, or mechanical structures, such as

clarifiers or precipitators, that have a point source discharge and

are utilized: 1. To prevent additional contributions of dissolved or

suspended solids to streamflow or runoff outside the permit area, or

2. To comply with all applicable State and Federal water-quality

laws and regulations.

Finally, Alabama is revising paragraph (3)(b) to require

sedimentation ponds to include either a combination of principal and

emergency spillways or a single spillway configured as specified in

880-X-10C-.20(1)(i) for the surface mining rule and 880-X-10D-.20(1)(i)

for the underground mining rule. The language found at 880-X-

10C-.17(3)(b)1., 2., and 3. and 880-X-10D-.17(3)(b)1., 2., and 3. is

removed.

17. 880-X-10C-.20, Surface Mining and 880-X-10D-.20, Underground

Mining; Impoundments

Alabama is adding a new paragraph at (1)(a) that requires

impoundments meeting the Class B or C criteria for dams in the U.S.

Department of Agriculture, Soil Conservation Service Technical Release

No. 60 (210-VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' 1985 to

comply with ``Minimum Emergency Spillway Hydrologic Criteria'' table in

the TR-60 and the requirements of this section.

Existing paragraphs (1)(a) through (1) are redesignated as

paragraphs (1)(b) through (m). Paragraph (1)(d)1

ia for dams in the U.S.

Department of Agriculture, Soil Conservation Service Technical Release

No. 60 (210-VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' 1985 to

comply with ``Minimum Emergency Spillway Hydrologic Criteria'' table in

the TR-60 and the requirements of this section.

Existing paragraphs (1)(a) through (1) are redesignated as

paragraphs (1)(b) through (m). Paragraph (1)(d)1. is revised by adding

the language ``the Class B or C criteria for Dams in TR-60, or'' after

the phrase ``[A]n impoundment meeting.'' Further, the language ``or

located where failure would be expected to cause loss of life or

serious property damage'' is removed. Paragraph (1)(d)2. is revised by

removing the language ``meeting the size or other criteria of 30 CFR

77.216(a)'' and replacing it with the phrase ``included in paragraph

(1)(d)1. of this section.'' Further, the language ``and located where

failure would be expected to cause loss of life or serious property

damage'' is removed.

A second sentence is added at paragraph (1)(e) to require

impoundments meeting the Class B or C criteria for dams in TR-60 to

comply with the freeboard hydrograph criteria in the ``Minimum

Emergency Spillway Hydrologic Criteria'' table in TR-60.

The second sentence of paragraph (1)(f)1. is revised by adding the

language ``the Class B or C criteria for dams in TR-60, or'' after the

phrase ``[F]or an impoundment meeting.''

The following new provision is added at paragraph (1)(i)2.(i):

For an impoundment meeting the Class B or C criteria for dams in

the TR-60, the emergency spillway hydrograph criteria in the

``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60,

or greater event as specified by the Regulatory Authority.

Existing paragraphs (1)(i)2.(i) and (ii) are redesignated as

paragraphs (1)(i)2.(ii) and (iii). At redesignated paragraph

raph (1)(i)2.(i):

For an impoundment meeting the Class B or C criteria for dams in

the TR-60, the emergency spillway hydrograph criteria in the

``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60,

or greater event as specified by the Regulatory Authority.

Existing paragraphs (1)(i)2.(i) and (ii) are redesignated as

paragraphs (1)(i)2.(ii) and (iii). At redesignated paragraph

(1)(i)2.(iii), the reference to ``30 CFR 77.216(a)'' is removed and

replaced by a reference to ``paragraphs (1)(i)2.(i) and (ii) above.''

Paragraph (1)(l) is revised to read as follows:

Impoundments meeting the SCS Class B or C criteria for dams in

TR-60, or the size or other criteria of 30 CFR 77.216 must be

examined in accordance with 30 CFR 77.216-3. Impoundments not

meeting the SCS Class B or C criteria for dams in TR-60, or subject

to 30 CFR 77.216, shall be examined at least quarterly. A qualified

person designated by the operator shall examine impoundments for

appearance of structural weakness and other hazardous conditions.

Paragraph (3)(b)1. is revised by adding the language ``the SCS

Class B or C criteria for dams in TR-60, or'' after the phrase ``[I]n

the case of an impoundment meeting.'' Finally, paragraph (3)(b)2. is

revised by removing the language ``meeting the size or other criteria

of 30 CFR 77.216(a)'' and replacing it with the phrase ``included in

paragraph (3)(b)1.of this section.''

18. 880-X-10C-.38, Surface Mining and 880-X-10D-.34, Underground

Mining; Coal Mine Waste: General Requirements

Alabama is revising the second sentence of paragraph (1) to require

coal mine waste to be hauled or conveyed and placed for final placement

in a controlled manner.

19. 880-X-10C-.54, Backfilling and Grading:Thin Overburden

Alabama is removing the existing requirements and adding the

following definition and performance standards for thin overburden:

g; Coal Mine Waste: General Requirements

Alabama is revising the second sentence of paragraph (1) to require

coal mine waste to be hauled or conveyed and placed for final placement

in a controlled manner.

19. 880-X-10C-.54, Backfilling and Grading:Thin Overburden

Alabama is removing the existing requirements and adding the

following definition and performance standards for thin overburden:

(1) Definition. Thin overburden means insufficient spoil and

other waste materials available from the entire permit area to

restore the disturbed area to its approximate original contour.

Insufficient spoil and other waste materials occur where the

overburden thickness times the swell factor, plus the

thickness of other available waste materials, is less than the

combined thickness of the overburden and coal bed prior to removing

the coal, so that after backfilling and grading the surface

configuration of the reclaimed area would not: (a) Closely resemble

the surface configuration of the land prior to mining, or (b) Blend

into and complement the drainage pattern of the surrounding terrain.

(2) Performance standards. Where thin overburden occurs within

the permit area, the permittee at a minimum shall: (a) Use all spoil

and other waste materials available from the entire permit area to

attain the lowest practicable grade, but not more than the angle of

response; and (b) Meet the requirements of 880-X-10C-.53(1)(b)

through (10).

20. 880-X-10C-.55, Backfilling and Grading: Thick Overburden

Alabama is removing the existing requirements and adding the

following definition and performance standards for thick overburden:

waste materials available from the entire permit area to

attain the lowest practicable grade, but not more than the angle of

response; and (b) Meet the requirements of 880-X-10C-.53(1)(b)

through (10).

20. 880-X-10C-.55, Backfilling and Grading: Thick Overburden

Alabama is removing the existing requirements and adding the

following definition and performance standards for thick overburden:

(1) Definition. Thick overburden means more than sufficient

spoil and other waste materials available from the entire permit

area to restore the disturbed area to its approximate original

contour. More than sufficient spoil and other waste materials occur

where the overburden thickness times the swell factor exceeds the

combined thickness of the overburden and coal bed prior to removing

the coal, so that after backfilling and grading the surface

configuration of the reclaimed area would not: (a) Closely resemble

the surface configuration of the land prior to mining; or (b) Blend

into and complement the drainage pattern of the surrounding terrain.

(2) Performance standards. Where thick overburden occurs within

the permit area, the permittee at a minimum shall: (a) Restore the

approximate original contour and then use the remaining spoil and

other waste materials to attain the lowest practicable grade, but

not more than the angle of repose; (b) Meet the requirements of 880-

X10C-.53(1)(b) through (10); and (c) Dispose of any excess spoil in

accordance with Rule 880-X-10C-.36.

21. 880-X-10C-.62, Surface Mining and 880-X-10D-.56, Underground

Mining; Revegetation; Standards for Success

Alabama is revising Rule 880-X-10C-.62(3) for surface mining and

Rule 880-X-10D-.56(3) for underground mining by redesignating the

existing language as paragraph (3)(a); amending the existing language

by adding the phrase ``except as provided in paragraph (3)(b) of this

section'' after the phrase ``for five (5) full years''; and adding the

following new provision at paragraph (3)(b):

uccess

Alabama is revising Rule 880-X-10C-.62(3) for surface mining and

Rule 880-X-10D-.56(3) for underground mining by redesignating the

existing language as paragraph (3)(a); amending the existing language

by adding the phrase ``except as provided in paragraph (3)(b) of this

section'' after the phrase ``for five (5) full years''; and adding the

following new provision at paragraph (3)(b):

Two full years for lands eligible for remining included in

permits issued before September 30, 2004, or any renewals thereof.

To the extent that the success standards are established by

paragraph (2)(f) of this section, the lands shall equal or exceed

the standards during the growing season of the last year of the

responsibility period.

22. 880-X-10D-.12, Hydrologic-Balance Protection

Alabama is adding a new provision at paragraph (9) that requires

the permittee to promptly replace any drinking, domestic or residential

water supply that is contaminated, diminished or interrupted by

underground mining activities conducted after October 24, 1992, if the

affected well or spring was in existence before the date the permit

application for the activities causing the loss, contamination or

interruption was received. Alabama will use the baseline hydrologic and

geologic information required in 880-X-8E-.06 and 880-X-8H-.06 to

determine the impact of mining activities upon the water supply.

23. 880-X-10D-.58, Subsidence Control

er 24, 1992, if the

affected well or spring was in existence before the date the permit

application for the activities causing the loss, contamination or

interruption was received. Alabama will use the baseline hydrologic and

geologic information required in 880-X-8E-.06 and 880-X-8H-.06 to

determine the impact of mining activities upon the water supply.

23. 880-X-10D-.58, Subsidence Control

Alabama is removing the existing provisions from this section and

adding numerous new provisions that pertain to preventing, minimizing,

and repairing damage resulting from subsidence.

Paragraph (1) covers measures to prevent or minimize damage. Under

this paragraph, the permittee has the alternative of either adopting

measures consistent with known technology that prevents subsidence from

causing material damage to the extent technologically and economically

feasible, or adopting mining technology that provides for planned

subsidence in a predictable and controlled manner. If the permittee

employs mining technology that provides for planned subsidence, the

permittee is required to minimize damage to the extent technologically

and economically feasible to noncommercial buildings and occupied

residential dwelling and related structures. If the permittee has the

written consent of the owners of such structures or facilities, no

measures to protect structures and facilities would be required. Unless

the anticipated damage would constitute a threat to health or safety,

the permittee would not have to minimize material damage if the

permittee demonstrates that the cost of minimization would exceed the

cost of repair. The permittee also will not be required to take

measures to minimize subsidence damage if the surface owner denies the

permittee access to the surface.

Paragraph (2) requires the operator to comply with all provisions

of the approved subsidence control plan required under 880-X-81-.10.

Paragraph (3) concerns repair of damage

ates that the cost of minimization would exceed the

cost of repair. The permittee also will not be required to take

measures to minimize subsidence damage if the surface owner denies the

permittee access to the surface.

Paragraph (2) requires the operator to comply with all provisions

of the approved subsidence control plan required under 880-X-81-.10.

Paragraph (3) concerns repair of damage. Paragraph (3)(a) requires

the permittee to correct any material damage to surface lands resulting

from subsidence to the extent technologically and economically

feasible. Paragraph (3)(b) requires the permittee to repair or

compensate the owner for material damage resulting from subsidence to

any non-commercial building or occupied residential dwelling or related

structures. Paragraph (3)(c) requires the permittee, to the extent

required under State law, to either repair or compensate for material

damage resulting from subsidence caused to structures or facilities not

protected under paragraph (3)(b). Paragraph (3)(d) provides a

rebuttable presumption of causation by subsidence. If damage to non-

commercial buildings or occupied residential dwellings and related

structures occur as a result of earth movement within the area

determined by projecting a specified angle of draw from underground

mine workings to the surface, a rebuttable presumption exists that the

permittee caused the damage. This presumption will normally apply to a

30-degree angle of draw. Alabama may approve application of the

presumption to a site-specific angle of draw under specified

conditions. If the permittee is denied access to the land or property

for the purpose of conducting the pre-subsidence survey, no rebuttable

presumption will exist. Paragraph (3)(e) covers provisions for

adjustment of the performance bond amount because of subsidence-related

damage

th or adjacent to public

buildings and facilities; churches, schools, and hospitals; or

impoundments with a storage capacity of 20 acre-feet or more or bodies

of water with a volume of 20 acre-feet or more, unless the subsidence

control plan demonstrates that subsidence will not cause material

damage to, or reduce the use of, such features or facilities. Alabama

may also limit the percentage

of coal extracted under or adjacent to these features or facilities.

Paragraph (5) provides that if subsidence causes material damage to

any of the features or facilities covered by paragraph (4), Alabama may

suspend mining under or adjacent to these features or facilities to

ensure prevention of further material damage. This suspension would

remain in place until the subsidence control plan is modified to ensure

prevention of further material damage.

Paragraph (6) requires that if imminent danger is found to

inhabitants, Alabama must suspend underground mining activities under

urbanized areas, cities, towns, and communities, and adjacent to

industrial or commercial buildings, major impoundments, or perennial

streams.

Paragraph (7) requires the operator to submit a detailed plan of

the underground workings, including maps and descriptions of

significant features of the underground mine. Upon request, information

submitted with the detailed plan may be held as confidential under the

requirements of 880-X-8K-.05(4).

24. 880-X-10G-.03, Applicability

Alabama is adding a new paragraph (2) to specify that the

requirements of this subchapter do not apply to disposal areas

containing coal mine waste resulting from underground mines that is not

technologically and economically feasible to store in underground mines

or on non-prime farmland. The operator is required to minimize the area

of prime farmland used for underground coal mine waste disposal.

Existing paragraph (2) is redesignated as paragraph (3).

25. 880-X-10G-.04, Soil Removal and Stockpiling

al areas

containing coal mine waste resulting from underground mines that is not

technologically and economically feasible to store in underground mines

or on non-prime farmland. The operator is required to minimize the area

of prime farmland used for underground coal mine waste disposal.

Existing paragraph (2) is redesignated as paragraph (3).

25. 880-X-10G-.04, Soil Removal and Stockpiling

Alabama is amending paragraph (3)(b) by adding an exception to the

requirement to separately remove the B or C horizon or other suitable

soil materials. This exception applies where the B or C soil horizons

would not otherwise be removed and where soil capabilities can be

retained.

26. 880-X-11B-.02, Inspections

Alabama is revising paragraph (8)(d)1. by removing the language

``or permit revocation proceedings have been initiated and are being

pursued diligently.'' Paragraph (8)(d)2. is being revised by replacing

the reference to ``Alabama Surface Mining Commission'' with a reference

to ``Regulatory Authority.''

Alabama is removing the existing language in paragraph (9) and

adding the following new language:

(9) In lieu of the inspection frequency established in

paragraphs (1) and (2) of this section, the Regulatory Authority

shall inspect each abandoned site on a set frequency commensurate

with the public health and safety and environmental considerations

present at each specific site, but in no case shall the inspection

frequency be set at less than one complete inspection per calendar

year.

(9) In lieu of the inspection frequency established in

paragraphs (1) and (2) of this section, the Regulatory Authority

shall inspect each abandoned site on a set frequency commensurate

with the public health and safety and environmental considerations

present at each specific site, but in no case shall the inspection

frequency be set at less than one complete inspection per calendar

year.

(a) In selecting an alternate inspection frequency authorized

under the paragraph above, the Regulatory Authority shall first

conduct a complete inspection of the abandoned site and provide

public notice under paragraph (9)(b) of this section. Following the

inspection and public notice, the Regulatory Authority shall prepare

and maintain for public review a written finding justifying the

alternative inspection frequency selected. This written finding

shall justify the new inspection frequency by affirmatively

addressing in detail all of the following criteria:

1. How the site meets each of the criteria under the definition

of an abandoned site under paragraph (8) of this section and thereby

qualifies for a reduction in inspection frequency;

2. Whether, and to what extent, there exist on the site

impoundments, earthen structures or other conditions that pose, or

may reasonably be expected to ripen into, imminent dangers to the

health or safety of the public or significant environmental harms to

land, air, or water resources;

3. The extent to which existing impoundments or earthen

structures were constructed and certified in accordance with prudent

engineering designs approved in the permit;

4. The degree to which erosion and sediment control is present

and functioning;

5. The extent to which the site is located near or above

urbanized areas, communities, occupied dwellings, schools and other

public or commercial buildings and facilities;

6

g impoundments or earthen

structures were constructed and certified in accordance with prudent

engineering designs approved in the permit;

4. The degree to which erosion and sediment control is present

and functioning;

5. The extent to which the site is located near or above

urbanized areas, communities, occupied dwellings, schools and other

public or commercial buildings and facilities;

6. The extent of reclamation completed prior to abandonment and

the degree of stability of unreclaimed areas, taking into

consideration the physical characteristics of the land mined and the

extent of settlement or revegetation that has occurred naturally

with them; and

7. Based on a review of the complete and partial inspection

report record for the site during at least the last two consecutive

years, the rate at which adverse environmental or public health and

safety conditions have and can be expected to progressively

deteriorate.

(b) The public notice and opportunity to comment required under

paragraph (9)(a) of this section shall be provided as follows:

1. The Regulatory Authority shall place a notice in the

newspaper with the broadest circulation in the locality of the

abandoned site providing the public with a 30-day period in which to

submit written comments.

2. The public notice shall contain the permittee's name, the

permit number, the precise location of the land affected, the

inspection frequency proposed, the general reasons for reducing the

inspection frequency, the bond status of the permit, the telephone

number and address of the Regulatory Authority where written

comments on the reduced inspection frequency may be submitted, and

the closing date of the comment period.

27. 880-X-11D-.11, Request for Hearing

Alabama is revising paragraph (1) to allow the person charged with

a violation to contest the proposed penalty or the fact of the

violation within 30 days from the date of service of the conference

officer's action.

III. Public Comment Procedures

comments on the reduced inspection frequency may be submitted, and

the closing date of the comment period.

27. 880-X-11D-.11, Request for Hearing

Alabama is revising paragraph (1) to allow the person charged with

a violation to contest the proposed penalty or the fact of the

violation within 30 days from the date of service of the conference

officer's action.

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 specify, 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 September 9, 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

g, 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

pubic 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

nd, 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 subsection (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

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: August 14, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-22721 Filed 8-24-98; 8:45 am]

BILLING CODE 4310-05-M