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Alabama Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 16, 2003 (Volume 68, Number 11)]
[Proposed Rules]
[Page 2263-2265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja03-25]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[AL-072-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Alabama
regulatory program (Alabama program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes
revisions to its rules about forms and license applications. Alabama
intends to revise its program to improve operational efficiency.
This document gives the times and locations that the Alabama
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.s.t., February 18, 2003. If requested, we will hold a public hearing
on the amendment on February 10, 2003. We will accept requests to speak
at a hearing until 4 p.m., c.s.t. on January 31, 2003.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Arthur W. Abbs, Director,
Birmingham Field Office, at the address listed below.
You may review copies of the Alabama program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the 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. Internet:
aabbs@osmre.gov.
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. Internet: aabbs@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Alabama Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of the Act * * and rules and
regulations consistent with regulations issued by the Secretary
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Alabama program on May 20, 1982. You can find background
information on the Alabama program, including the Secretary's findings,
the disposition of comments, and the conditions of approval in the May
20, 1982, Federal Register (47 FR 22030). You can also find later
actions concerning the Alabama program and program amendments at 30 CFR
901.10, 901.15, and 901.16.
II. Description of the Proposed Amendment
By letter dated October 17, 2002 (Administrative Record No. AL-
0654),
[[Page 2264]]
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). Alabama sent the amendment at its own initiative. Below is a
summary of the changes proposed by Alabama. The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES.
A. 880-X-1B Forms
Subchapter 880-X-1B lists the forms used in the operations and
organization of the Alabama Surface Mining Commission.
1. Alabama proposes to delete the following forms:
Form ASMC-3 Request for Inspection & Bond Release.
Form ASMC-17 Permit Application for Underground Mining.
Form ASMC-98 Application for Coal Exploration Permit to Remove More
Than 250 Tons of Coal or Disturb More Than One-Half Acre.
Form ASMC-137 Permit Application for Coal Processing Plants.
2. Alabama proposes to change the existing descriptions of Forms
ASMC-6, ASMC-16, ASMC-176, and ASMC-232 to the descriptions shown
below:
Form ASMC-6 Application for Coal Mining License/Application for Annual
Update of Coal Mining License/Notification of Change in Ownership or
Control.
Form ASMC-16 Permit Application for a Surface Coal Mine/Permit
Application for an Underground Coal Mine/Permit Application for a
Preparation Facility.
Form ASMC-176 Renewal Application for a Surface Coal Mine/Renewal
Application for an Underground Coal Mine/Renewal Application for a
Preparation Facility.
Form ASMC-232 Transfer Application for a Surface Coal Mine/Transfer
Application for an Underground Coal Mine/Transfer Application for a
Preparation Facility.
3. Alabama proposes to add the following new forms to its list at
880-X-1B:
Form ASMC 254 Notice of the Filing of a Renewal Application for Surface
Coal Mining Permit (To Agencies).
Form ASMC 255 Notice of the Filing of a Revision Application for
Surface Coal Mining Permit (To Agencies).
Form ASMC 256 Notice of the Filing of a Revision Application for
Surface Coal Mining Operations (Landowner Notice).
Form ASMC 257 Notice of Filing of a Renewal Application for Surface
Coal Mining Operations (Landowner Notice).
Form ASMC 258 Statement as to Negotiability of Certificate of Deposit
and Assignment (Subsidence Impacts).
Form ASMC 259 Surety Bond (Subsidence).
B. 880-X-6A-.06 License Application Requirements
Alabama is proposing to revise 880-X-6A-.06(g)2(ii) to allow public
accountants to certify and sign current statements of the net worth of
applicants for licenses to conduct surface coal mining operations.
Currently Alabama only allows certified public accountants to certify
and sign these statements. The revised provision reads as follows:
A current statement in letter form, certified by a certified
public accountant or public accountant licensed to do business in
the State of Alabama that the applicant has a net worth of not less
than $100,000. The statement must not be ambiguous, qualified, or
otherwise vague. It must state the Alabama certificate or
registration number of, and be signed by the certified public
accountant or public accountant.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Birmingham Field Office may not
be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: [AL-072-FOR]'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Birmingham Field Office at
(205) 290-7282.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.s.t. on
January 31, 2003. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
[[Page 2265]]
IV. Procedural Determinations
Executive Order 12630--Takings
The revisions made at the initiative of the State have been
reviewed and a determination made that they do not have takings
implications. This determination is based on the fact that the
deletions, revisions, and additions by the Alabama Surface Mining
Commission to the forms listed in 880-X-1B are administrative and
procedural in nature and are not expected to have a substantive effect
on the regulated industry. The same is true for the revisions to 880-X-
6A-.06.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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.).
This determination is based on the fact that the deletions, revisions,
and additions by the Alabama Surface Mining Commission to the forms
listed in 880-X-1B are administrative and procedural in nature and are
not expected to have a substantive effect on the regulated industry.
The same is true for the revisions to 880-X-6A-.06.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local governmental agencies or
geographic regions; and (c) does not have significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based on the fact that the
deletions, revisions, and additions by the Alabama Surface Mining
Commission to the forms listed in 880-X-1B are administrative and
procedural in nature and are not expected to have a substantive effect
on the regulated industry. The same is true for the revisions to 880-X-
6A-.06.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based on the fact that the deletions,
revisions, and additions by the Alabama Surface Mining Commission to
the forms listed in 880-X-1B are administrative and procedural in
nature and are not expected to have a substantive effect on the
regulated industry. The same is true for the revisions to 880-X-6A-.06.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 7, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 03-975 Filed 1-15-03; 8:45 am]
BILLING CODE 4310-05-P