Ala. Admin. Code r. 335-8-1-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-1-.09 - Review Process For Federally Regulated Activities

(1) Pursuant to 15 CFR Part 930, Subpart D, uses which are federally licensed or permitted activities affecting the coastal area are required to be conducted in a manner consistent with the management program. The Department shall review and respond to a federal license or permit applicant's consistency certification in accordance with the provisions of 15 CFR Part 930, Subpart D.

(a) The federal license and permit activities which are subject to review, listed pursuant to 15 CFR Part 930, Subpart D., are:

Agency	Licenses and Permits	Citation
Department of Defense	Permits required under Section 10 and 11 of the River and Harbor Act of 1899.	33 U.S.C. §§ 403 and 404
Permits required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972.	33 U.S.C. § 1413
Permits required under Section 404 of the Federal Water Pollution Control Act of 1972, as amended.	33 U.S.C. § 1344
Environmental Protection Agency	Permits and licenses required under Sections 401, 402, 403, 404 and 405 of the Federal Water Pollution Control Act of 1972, as amended.	33 U.S.C. §§ 1341 - 1345
Permits and applications for redesignation of land areas under regulation for the prevention of significant deterioration of air quality.	42 U.S.C. §§ 7474 and 7475
Permits required under the Marine Protection, Research and Sanctuaries Act of 1972. All other permits for water pollution control. All other permits for air pollution control. All permits for solid waste control.	33 U.S.C. 1412
Department of Transportation	Permits for construction and modification of bridges and causeways in navigable waters. Permits for transporting hazardous substances and materials.	33 U.S.C. § 401
Licenses for deep-water ports.	15 C.F.R. §§158 et seq.
Nuclear Regulatory Commission	Permits and licenses required for siting and construction of nuclear power plants.
Federal Energy Regulatory Commission	Licenses required for non-federal hydroelectric projects and associated transmission lines under Sections 4(e) and 15 of the Federal Power Act.	16 U.S.C. §§797(e) and 808
Orders for interconnection of electric transmission facilities under Section 202(b) of the Federal Power Act.	16 U.S.C. 824a(b)
Certificates required for the construction and operation of natural gas pipeline facilities, defined to include both interstate pipeline and terminal facilities under Section 7(c) of the Natural Gas Act.	15 U.S.C. § 717f(c)
Permission and approval required for the abandonment of natural gas pipeline facilities under Section 7(b) of the Natural Gas Act.	15 U.S.C. § 717f(b)
Department of the Interior	Permits and licenses required for all offshore activities related to mining and oil and gas operations.	33 U.S.C. §§181 et seq.
Permits for the taking of an endangered species	Endangered Species Act 16 U.S.C. §§ 1531 - 1543
Permits and licenses required for geothermal operations.	Geothermal Steam Act of 1970.
Department of Agriculture	Permits for water easements and timbering activities on National U.S. Forest Service land.	43 U.S.C. 1716.
Permits and licenses for use and occupancy of lands for hotels, resorts, summer homes, stores and facilities for industrial, commercial, educational or public use.	16 U.S.C. 497
Department of Energy	Permits for the construction operation, siting of energy facilities.
Department of Commerce	Permits for research involving taking endangered species or marine mammals or for taking of marine mammals for public dsplay or incidental to commercial fishing.	Endangered Species Act of 1973; 16 U.S.C. §§ 1531 - 1543 Marine Mammal Protection Act; 16 U.S.C. §§ 1361 - 1407.

(b) In addition to the data and information required to be furnished to the Department with the consistency certification pursuant to 15 C.F.R. § 930.58, the following data and information must be provided:

1. An informational copy of the application for the license or permit;

2. A copy of the federal agency's written determination that the license or permit application is complete;

3. A copy of the federal agency's draft or proposed license or permit if a draft or proposed license or permit is required to be prepared by federal law or regulations;

4. A copy of any transcript of any public hearing conducted by the federal agency concerning the federal license or permit application and all written comments received by the federal agency during any comment period; and,

5. A copy of any draft Environmental Assessment or draft Environmental Impact Statement required under the National Environmental Policy Act §§102, 42 U.S.C. §§ 4332 or implementing federal regulations.

(2) Pursuant to 15 C.F.R. Part 930, Subpart E, any proposed activity requiring a federal license or permit which is described in detail in any plan for the exploration of, or development of, or production from, any area leased under the Outer Continental Shelf Lands Act, (43 U.S.C. 1331etseq.), and the regulations under that Act, which is submitted to the United States Secretary of the Interior and which affects the coastal area is required to comply with the management program and to be conducted in a manner consistent with the management program. The Department shall review and respond to a federal license or permit applicant's consistency certification for the exploration of, or development of, or production from, any area leased under the Outer Continental Shelf Lands Act in accordance with the provisions of 15 CFR Part 930, Subpart E.

(a) In addition to the data and information required to be furnished to the Department pursuant to 15 C.F.R. § 930.76, the applicant shall identify the following applicable documents and shall furnish copies of such documents upon request:

1. The spill contingency plan including a listing of on-rig pollution control equipment available for immediate use;

2. National Pollutant Discharge Elimination System permit issued by the U.S. Environmental Protection Agency under the Federal Water Pollution Control Act §§402, 33 U.S.C. §§ 1342; and

3. Draft Environmental Assessment or draft Environmental Impact Statement required under the National Environmental Policy Act §§102, 42 U.S.C. §§ 4332 or implementing federal regulation.

Ala. Admin. Code r. 335-8-1-.09

Effective: August 14, 1979 1994; Effective June 30, 1994. Amended: Filed March 22, 1995; effective April 26, 1995. Amended: Filed February 28, 2012; effective April 3, 2012. Amended: Filed April 23, 2013; effective May 28, 2013.

Authors: John C. Carlton, Michael Sherman

Statutory Authority:Code of Ala. 1975, §§ 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.