[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Proposed Rules]
[Pages 2919-2920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1215]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-033-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: OSM is reopening the public comment period on a proposed
amendment to the Maryland permanent regulatory program (hereinafter
referred to as the ``Maryland program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendments
consist of revisions to the Maryland regulations pertaining to excess
spoil disposal, conditions of surety and collateral bonds, and
procedures for release of general bonds. The amendments are intended to
revise the Maryland program to be consistent with the corresponding
Federal regulations.
DATES: Written comments must be received by 4:00 p.m., E.S.T., February
4, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Field Branch Chief, at
the address listed below.
Copies of the Maryland program, the proposed amendment, a listing
of any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Appalachian Regional
Coordinating Center.
George Rieger, Field Branch Chief, Appalachian Regional Coordinating
Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway
Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153
Maryland Bureau of Mines, 160 South Water Street, Frostburg, MD 21532,
Telephone: (301) 689-4136
FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating
Center, Telephone: (412) 937-2153.
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
On February 18, 1982, the Secretary of the Interior approved the
Maryland program. Background information on the Maryland program,
including the Secretary's findings, the disposition of comments, and
the conditions of approval can be found in the February 18, 1982,
Federal Register (47 FR 7214). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
920.15 and 920.16.
II. Description of the Proposed Amendment
Maryland provided an informal amendment to OSM regarding excess
spoils on March 11, 1994. OSM completed its reviews of the informal
amendment and requested a formal proposal from Maryland in a letter
dated August 6, 1996. By letter dated January 7, 1997 (Administrative
Record No. MD-576-00), Maryland submitted a proposed amendment to its
program pursuant to SMCRA at OSM's request. Additionally, by letter
dated January 14, 1997 (Administrative Record No. MD-552-13), Maryland
submitted proposed amendments to its program pursuant to SMCRA. These
amendments pertain to conditions of surety and collateral bonds, and
procedures for release of general bonds and are intended to comply with
required program amendments identified in 30 CFR 920.16 (k) and (m).
The proposed amendments were announced in the January 30, 1997, Federal
Register (62 FR 4502). (At the time of announcement, the proposed
amendment was identified as [MD-041]. Please note that the amendment is
now identified as [MD-033]). However, OSM's review determined that
several items contained in the proposed amendments required
clarification. As a result, a letter requesting clarification on four
items was sent to Maryland dated June 13, 1997 (Administrative Record
No. MD-576-05). Maryland responded in its letter dated June 27, 1997
(Administrative Record No. MD-576-06), by requesting a meeting with OSM
and stating that additional information would not be available until
after that meeting. A meeting was held on August 14, 1997, and a
response was received from Maryland in its letter dated December 8,
1997 (Administrative Record No. MD-576-07). Therefore, OSM is reopening
the public comment period regarding the following clarifications to
Maryland's proposed amendments:
1. COMAR 25.20.26, Excess Spoil Disposal
a. Maryland was asked to clarify how it would fund projects in
cases where the operator defaults on the contract or otherwise fails to
perform the necessary reclamation. This funding source would be in
addition to the ``contractor incentive provisions proposed at COMAR
25.20.26.05(D)(2). Maryland responded that the proposed amendment at
COMAR 25.20.26.05(A)(1) provides that the abandoned mine land must be
eligible for funding under Environment Article, Title 15, Subtitle 11,
Annotated Code of Maryland. Any default by the operator on a contract
or failure to perform reclamation could be funded by specially ear-
marking a portion of Maryland's AML grant funds to complete the
reclamation. This would be in addition to the sanctions provided in the
proposed amendment.
b. Maryland was asked to clarify which requirements in the approved
[[Page 2920]]
program will apply to the placement of excess spoil on abandoned mine
lands as referenced in proposed COMAR 25.20.26.05 (A)(3) and (B)(4).
Maryland responded that since existing conditions on abandoned mine
lands differ at each site, it would be extremely difficult to clarify
exactly which requirements of Maryland's approved program would apply
in every case for the placement of excess spoil. A field review during
the application review process would verify conditions at the AML site
and will determine which requirements are necessary to ensure that the
excess spoil is placed in an environmentally sound manner.
c. Maryland was asked to clarify how placement of excess spoil on
abandoned mine lands would achieve compliance with its AML program.
Maryland responded that it considers the environmental reviews, public
notice requirements and inspection requirements of its federally
approved regulatory program to be comparable to those required by the
AML program. Each abandoned mine lands site proposed for placement of
excess spoil will be reviewed in conjunction with the application for a
surface mining permit and subjected to the same requirements.
2. COMAR 25.20.14.09, Procedures for Release of Bonds
a. COMAR 25.20.14.09B(2)(e) is further modified by changing the
word ``approximate'' to ``appropriate''.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. Specifically,
OSM is seeking comments on the clarifications to the State's
regulations that were submitted on December 8, 1997 (Administrative
Record No. MD-576-07). Comments should address whether the proposed
amendment with these clarifications satisfies the applicable program
approval criteria of 30 CFR 732.15. If the amendment is deemed
adequate. it will become part of the Maryland program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Appalachian Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in the Administrative Record.
IV. 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
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. 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 counterpart 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 Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 9, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-1215 Filed 1-16-98; 8:45 am]
BILLING CODE 4310-05-M
