83 FR 43972 - Alabama Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 168 (August 29, 2018)

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions to its program regarding permit fees. Alabama revised its program at its own initiative to raise revenues sufficient to fund the Alabama Surface Mining Commission's (ASMC) share of costs to administer the Alabama coal regulatory program, including the reviewing, administering, inspecting, and enforcing of surface coal mining permits in Alabama.

[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43972-43974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18716]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-082-FOR; Docket ID: OSM-2017-0011; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Alabama Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Alabama regulatory program 
(Alabama program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Alabama proposed revisions to its program 
regarding permit fees. Alabama revised its program at its own 
initiative to raise revenues sufficient to fund the Alabama Surface 
Mining Commission's (ASMC) share of costs to administer the Alabama 
coal regulatory program, including the reviewing, administering, 
inspecting, and enforcing of surface coal mining permits in Alabama.

DATES: The effective date is September 28, 2018.

FOR FURTHER INFORMATION CONTACT: William Joseph, Acting Director, 
Birmingham Field Office, Office of Surface Mining Reclamation and 
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. 
Telephone: (205) 290-7282. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decisions
VI. 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, State laws and regulations 
that govern surface coal mining and reclamation operations in 
accordance with the requirements of the Act and consistent with the 
Federal regulations. 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 effective 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 of the 
Alabama program 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. Submission of the Amendment

    By email dated August 14, 2017 (Administrative Record No. AL-0672), 
Alabama sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative.
    We announced the receipt of the proposed amendment in the January 
22, 2018, Federal Register (83 FR 2953). In the same document, we 
opened the public comment period and provided an opportunity for a 
public hearing or meeting on the adequacy of the amendment. We did not 
hold a public hearing or meeting because no one requested one. The 
public comment period ended on February 21, 2018. We received four 
public comments (Administrative Record No. AL-0672-03) that are 
addressed in the Public Comments section of IV, Summary and Disposition 
of Comments, below.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are findings we made concerning Alabama's amendment under SMCRA and the 
Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we 
do not specifically discuss below concerning non-substantive wording or 
editorial changes can be found in the full text of the program 
amendment available at www.regulations.gov.

Alabama Administrative Code 880-X-8B-.07

    Alabama proposed to revise its regulations at Alabama 
Administrative Code 880-X-8B-.07, increasing coal mining permit fees to 
adequately fund the ASMC for the purposes of reviewing, administering, 
inspecting, and enforcing surface coal mining permits in Alabama.
    By this amendment, Alabama is:
    (1) Increasing the initial acreage fee from $35.00 per acre to 
$75.00, to be paid on each acre in a permit covered by a performance 
bond prior to the initiation of operations on the permit (or on an 
increment if increments are used), and to be paid on all bonded acreage 
covered by a permit renewal;
    (2) Increasing the basic fee for a coal exploration permit 
application from $2,000.00 to $2,500.00;
    (3) Increasing the basic fee for a permit renewal application from 
$1,000.00 to $2,500.00;
    (4) Increasing the basic fee for a permit transfer application from 
$200.00 to $500.00;
    (5) Adding an annual acreage fee for expired permits of $15.00, per 
acre, to be paid by December 31st of each year on each acre covered by 
a performance bond as of October 1st of the year; and
    (6) Adding the inspection of permits to the ASMC's uses for the 
deposited permit fees.
    Alabama fully funds its share of costs to regulate the coal mining 
industry with fees paid by the coal industry. The proposed fee 
revisions are intended to provide adequate funding to pay the

[[Page 43973]]

State's cost of operating its regulatory program. The ASMC does not 
expect the increase in permit fees to exceed the actual or anticipated 
cost of reviewing, administering, inspecting, and enforcing surface 
coal mining permits in Alabama.
    We find that Alabama's fee changes are consistent with the 
discretionary authority provided by the Federal regulation at 30 CFR 
777.17. Therefore, we are approving Alabama's revision.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment. As noted in section 
II, we received four comments (Administrative Record No. AL-0672-03). 
The four commenters provided comments that were outside the scope of 
the proposed amendment and not germane to the topic of surface coal 
mining in general. We are not addressing these comments in this final 
rule for these reasons. The full texts of these comments are available 
at www.regulations.gov.

Federal Agency Comments

    On August 21, 2017, pursuant to 30 CFR 732.17(h)(11)(i) and Section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Alabama 
program (Administrative Record No. AL-0672-02). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Alabama proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
August 21, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. AL-0672-02). 
The EPA did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 21, 2017, we requested comments on the amendment 
(Administrative Record No. AL-0672-02). We did not receive any 
comments.

V. OSMRE's Decision

    Based on the above findings, we are approving the Alabama amendment 
that was submitted on August 14, 2017 (Administrative Record No. AL-
0672).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 901 that codify decisions concerning the Alabama 
program. In accordance with the Administrative Procedure Act, this rule 
will take effect 30 days after the date of publication. Section 503(a) 
of SMCRA requires that the State's program demonstrate the State has 
the capability of carrying out the provisions of the Act and meeting 
its purposes. SMCRA requires consistency of State and Federal 
standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rulemaking does not have takings implications. This 
determination is based on the analysis performed for the counterpart 
Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3(a) of Executive Order 12988. The Department has determined 
that this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and regulations to minimize litigation; and that 
the agency's legislation and regulations provide a clear legal standard 
for affected conduct rather than a general standard, and promote 
simplification and burden reduction. Because Section 3 focuses on the 
quality of Federal legislation and regulations, the Department limited 
its review under this Executive Order to the quality of this Federal 
Register document and to changes to the Federal regulations. The review 
under this Executive Order did not extend to the language of the State 
regulatory program or to the program amendment that the State of 
Alabama drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by Section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Alabama program 
submitted and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Section 2 and 
3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to Section 503(a)(1) and (7)(30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed the program amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rulemaking on Federally-recognized Tribes and 
have determined that the rulemaking does not have substantial direct 
effects on one or more Tribes, on the relationship between the Federal 
government and Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Tribes. The basis 
for this determination is that our decision is on a State regulatory 
program and does not involve Federal regulations involving Indian 
lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, requires agencies to prepare 
a Statement of Energy Effects for a rulemaking 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 rulemaking 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 rulemaking 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

[[Page 43974]]

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 rulemaking 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 rulemaking 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 rulemaking, 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. In making the determination as to whether this rulemaking 
would have a significant economic impact, the Department relied upon 
the data and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(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 government 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 upon the fact that the State 
submittal, which is the subject of this rulemaking, is based upon 
counterpart Federal regulations for which an analysis was prepared and 
a determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rulemaking 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 upon the fact that 
the State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an analysis was prepared 
and a determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 16, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.

    For the reasons set out in the preamble, 30 CFR part 901 is amended 
as set forth below:

PART 901--ALABAMA

0
1. The authority citation for part 901 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


0
2. Section 901.15 is amended in the table by adding an entry for 
``Alabama Administrative Code 880-X-8B-.07'' in chronological order by 
``Date of final publication'' to read as follows:


Sec.  901.15  Approval of Alabama regulatory program amendments.

* * * * *

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  Original amendment submission      Date of final         Citation/
              date                    publication         description
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                              * * * * * * *
August 14, 2017.................  August 29, 2018...  Alabama
                                                       Administrative
                                                       Code 880-X-8B-
                                                       .07.
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[FR Doc. 2018-18716 Filed 8-28-18; 8:45 am]
BILLING CODE 4310-05-P