ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING - 591
NOTICE OF NOAA’s OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT’S DETERMINATION REGARDING ADEM’S REQUEST FOR A ROUTINE PROGRAM CHANGE OF THE ALABAMA COASTAL AREA PROPOSED MANAGEMENT PROGRAM AND STATE CHANGES TO THE DIVISION 8 ALABAMA COASTAL AREA MANAGEMENT PROGRAM RULES
Review Process for Federally Regulated Activities
Review Process for Federal Projects, Activities and Assistance
Notice is hereby given that a hearing before the Alabama Department of Environmental Management will be held on January 4, 2012 at 10:00 a.m. in the Main Hearing Room at the ADEM-Central Office location at 1400 Coliseum Blvd. in Montgomery, to consider proposed revisions to Division 8 of the ADEM Administrative Code.
On December 29, 2010 the ADEM provided Notice of Routine Program Change of the Alabama Coastal Area Management Program (ACAMP) to NOAA’s Office of Ocean and Coastal Resource Management (OCRM).
Pursuant to 15 C.F.R. §923.84(b)(4) the Alabama Department of Environmental Management (ADEM) hereby gives notice today that on April 14, 2011, NOAA’s Office of Ocean and Coastal Resource Management concurred with the ADEM that the revision of the ADEM’s Division 8 Regulations constitutes a routine program change. Federal consistency will apply to the approved changes after publication of this notice.
NOAA has approved a majority of the changes within the ADEM Division 8 Regulations as enforceable policies of the Alabama Coastal Area Management Program (ACAMP). However, the NOAA has not approved the federal consistency timelines within the ADEM Division 8 Regulations because they are not entirely consistent with the CZMA regulations at 15 C.F.R. part 930. OCRM has determined that its decision not to approve the federal consistency timelines of the Division 8 regulations does not impact the State’s authority to conduct federal consistency reviews but because the federal consistency language discrepancy is confusing, the ADEM’s Division 8 regulations should be modified to be consistent with the existing statutory and regulatory timelines of Section 307 of the CZMA and 15 C.F.R. part 930.
The ADEM proposes to modify ADEM Admin Code R. 335-8-1-.09 and 335-8-1-.10 regulations to be consistent with the existing statutory and regulatory timelines of Section 307 of the CZMA and 15 C.F.R. part 930.
Copies of the proposed rules are available at a cost of 30 cents per page at each of the ADEM office locations listed below. The summary of reasons supporting the revisions are available free of charge. Copies of the proposed rules and the summary of reasons can also be found on the Internet at www.adem.state.al.us/PubHearings.htm at no cost.
ADEM, Office of General Counsel
Attn: Molly Tatum, (334) 394-4360
1400 Coliseum Boulevard
(P.O. Box 301463, Zip code 36130-1463)
Montgomery, AL 36110-2059
ADEM, Birmingham Field Office
Attn: Sheila Vail
110 Vulcan Road
Birmingham, AL 35209-4702
ADEM, Decatur Field Office
Attn: Jan Childers
2715 Sandlin Road, SW
Decatur, AL 35603-1333
ADEM, Mobile Field Office
Attn: Jenika Monroe
2204 Perimeter Road
Mobile, AL 36615-1131
The Public Hearing is being held to receive data, views and arguments from interested persons regarding the proposed rules. Attendance at the hearing is not necessary. Any person wishing to present such data, views, arguments or comments regarding the ADEM’s proposal to modify the federal consistency timeline within the Division 8 regulations to be consistent with the existing statutory and regulatory timeline of Section 307 of the CZMA and 15 C.F.R. part 930 may submit those comments to ADEM in writing, but must be received by the Hearing Officer prior to 5:00 p.m. on January 6, 2012.
Written submissions and other inquiries should be directed to: ADEM Hearing Officer, Office of General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum boulevard, Montgomery, AL 36110-2059 or by email at Hearing.firstname.lastname@example.org.
Any person wishing to participate in the hearing who needs special accommodations should contact the Department’s Permits and Services Division at (334) 271-7714 at least five working days prior to the hearing.
This notice is hereby given this November 20, 2011, by authorization of the Alabama Department of Environmental Management.
Lance R. LeFleur