[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36784-36786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17296]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-043-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Maryland
regulatory program (``Maryland program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). Maryland proposed
revisions to its statutes pertaining to the Land Reclamation Committee
to satisfy a required program amendment at 30 CFR 920.16(l). The
amendment is intended to revise the Maryland program to be consistent
with the corresponding Federal regulations and SMCRA.
EFFECTIVE DATE: July 8, 1999.
FOR FURTHER INFORMATION CONTACT: George Rieger, Program Manager, OSM,
Appalachian Regional Coordinating Center, 3 Parkway Center, Pittsburgh,
PA 15220. Telephone: (412) 937-2153. E-Mail: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Maryland Program
On December 1, 1980, the Secretary of the Interior conditionally
approved the Maryland program. You can find background information on
the Maryland program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the December
1, 1980, Federal Register (45 FR 79449). You can find later actions on
conditions of approval and program amendments at 30 CFR 920.12, 920.15,
and 920.16.
II. Submission of the Proposed Amendment
By letter dated August 22, 1997 (Administrative Record No. MD-
578.00), Maryland submitted a proposed amendment to its program
pursuant to SMCRA in response to a required amendment at 30 CFR
920.16(l). Maryland is revising the 1997 Laws of Maryland, Chapter 223
(House Bill 245), at section 15-204(a)(4) to require that Land
Reclamation Committee (LRC) members recuse themselves from proceedings
that may affect their direct or indirect financial interests.
We announced receipt of the proposed amendment in the September 19,
1997, Federal Register (62 FR 49183), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on October 20, 1997.
During our review of the amendment, we identified concerns with
Maryland's submission. In a letter dated January 29, 1998
(Administrative Record No. MD-578-06), we informed Maryland that it
must amend its program to require that LRC members file a statement of
employment and financial interests. Since Maryland did not take further
action, it was not necessary to reopen the comment period.
III. Director's Findings
Following, according to SMCRA and the Federal regulations at 30 CFR
732.15 and 732.17, are our findings concerning the proposed amendment.
Any revisions we do not specifically discuss below concern
nonsubstantive wording changes and paragraph notations to reflect
organizational changes resulting from this amendment.
30 CFR 920.16(l) required Maryland to amend its program to require
members of the LRC to: (1) recuse themselves from proceedings that
affect their direct financial interest and (2) file a statement of
employment and financial interest. In response, Maryland proposed to
revise Chapter 223, 1997 Laws of Maryland, at section 15-204(a)(4) to
require that LRC members recuse themselves from proceedings that may
affect their direct or indirect financial interests. We find that the
proposed revision is no less effective than the Federal regulation at
30 CFR 705.4(d) and satisfies the first part of the required amendment
at 30 CFR 920.16(l).
In its submittal letter, Maryland stated that it is presently
requiring that LRC members file a Federal OSM employment and financial
interest statement. Maryland did not, however, provide supporting
documentation. We find that Maryland's program is less effective than
the Federal regulations at 30 CFR 705.11(a) and 705.17(a).
[[Page 36785]]
IV. Summary and Disposition of Comments
Public Comments
We solicited public comments and provided an opportunity for a
public hearing on the proposed amendment. No comments were received and
because no one requested an opportunity to speak at a public hearing,
no hearing was held.
Federal Agency Comments
According to 30 CFR 732.17(h)(11)(I), we solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the Maryland program. The U.S. Department of
Labor, Mine Safety and Health Administration and the U.S. Department of
the Army, Army Corps of Engineers, concurred without comment.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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 Maryland proposed to make in this amendment
pertains to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
The Federal regulations at 30 CFR Part 920, codifying decisions
concerning the Maryland program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
V. Director's Decision
Based on the above findings, we approve Maryland's proposed
amendment as submitted on August 22, 1997. As discussed above,
Maryland's proposed revision satisfies the first part of the required
amendment at 30 CFR 920.16(l). However, the second part of the
amendment has not been satisfied. Therefore, Maryland continues to be
required to amend its program to require each member of the Land
Reclamation Committee to file a statement of employment and financial
interest to be no less effective than 30 CFR 705.11(d). We are removing
the required amendment at 30 CFR 920.16(l) to the extent that Maryland
has amended its program to require that LRC members recuse themselves
from proceedings affecting their financial interests.
The Federal regulations at 30 CFR Part 920, codifying decisions
concerning the Maryland program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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 subsections (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
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
corresponding 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 corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 23, 1999.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 920--MARYLAND
1. The authority citation for Part 920 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 920.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 920.15 Approval of Maryland regulatory program amendments.
* * * * *
[[Page 36786]]
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Original amendment submission date Date of final publication Citation/description
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* * * * * *
*
August 22, 1997......................... July 8, 1999............... Chapter 223, 1997 Laws of Maryland,
Section 15-204(a)(4).
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3. Section 920.16 is amended by revising paragraph (l) to read as
follows:
Sec. 920.16 Required program amendments.
* * * * *
(l) By July 10, 2000, Maryland must amend its program to be no less
effective than 30 CFR 705.11(a) and 705.17(a) by requiring each member
of the Land Reclamation Committee to file a statement of employment and
financial interest.
[FR Doc. 99-17296 Filed 7-7-99; 8:45 am]
BILLING CODE 4310-05-P
