[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Proposed Rules]
[Pages 4502-4504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2332]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 920
[MD-041-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of proposed amendments to the
Maryland regulatory program (hereinafter 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., March 3,
1997. If requested, a public hearing on the proposed amendment will be
held on February 24, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T., on February 14, 1997.
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, Maryland
21532, Telephone: (301) 689-4136
FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating
Center, Telephone: (412) 937-2932.
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 provisions of the Code of Maryland Regulations (COMAR) that
Maryland proposes to amend are as follows:
1. COMAR 26.20.26, Excess Spoil Disposal
Specifically, Maryland proposes to add new regulation .05 entitled
``Placement of Excess Spoil on Abandoned Mine Land'' to Chapter 26,
Excess Spoil Disposal as follows:
a. New subparagraph A and items (1) through (5) state that excess
spoil from a permitted coal mining operation may be placed on abandoned
mine land outside of the permit area if the Department determines that
the abandoned mine land is eligible for funding under Environment
Article, Title 15, Subtitle 11, Annotated Code of Maryland; the
abandoned mine land is referenced in the permit application and
identified on the permit map; the plan for the placement of such spoil
meets the design requirements of Maryland's approval program; the legal
right to enter upon the abandoned mine land and to place excess spoil
on the area has been obtained from the surface owner; and the excess
spoil will be placed in accordance with the provisions of a contract
executed between the Department and the permitee for reclamation of the
abandoned mine land.
b. New subparagraph B, entitled ``Reclamation Standards'', and
items (1) through (4), are added to require that excess spoil beyond
the amount required to restore the abandoned mine land to its original
contour may not be placed on the abandoned mine land; the final
configuration of the excess spoil that is placed on the abandoned mine
land area outside of the permit area shall be compatible with the
natural surroundings and be suitable for the intended land use; valley,
head of hollow, or durable rock fills may not be constructed on
abandoned mine land; and placement of excess spoil from a permit area
on abandoned mine land shall be planned and implemented in accordance
with the requirements of Maryland's approved program.
c. New subparagraph C and items (1) through (5) provide that
placement of excess spoil from a permit area on abandoned mine land
outside of a permit area may not be approved unless the Department
finds in writing, on the basis of information set forth in the plan or
otherwise available, that: placement of the excess spoil and
reclamation of the abandoned mine land can be feasibly accomplished in
accordance with the plan submitted by the operator; the excess spoil
placement operation has been designed to prevent damage to the
hydrologic balance outside of the abandoned mine land; the excess spoil
placement operation will not adversely affect any publicly owned parks
or places included in the National Register of Historic Places, unless
approved by the appropriate jurisdictional agency; the applicant has
submitted documentation establishing a legal right to enter and conduct
the proposed reclamation on the abandoned mine land; and the proposed
activities will not affect the continued existence of endangered or
threatened species or result in the destruction or adverse modification
of their critical habitats as determined under the Endangered Species
Act.
d. New subparagraph D and items (1) through (3) state that
placement of excess spoil from a permitted coal mining operation on
abandoned mine land outside of the permit area shall be accomplished in
accordance with a contract between the Department and the permittee
that contains conditions that document the method of placement
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of the excess spoil and reclamation on the area; require the operator
to permit and bond the abandoned mine land area in the event the
operator defaults on the contract; and authorize the Department to
issue a cessation order to cease all mining operations on the adjacent
permit area until the operator submits an application for a permit and
the required amount of bond for the abandoned mine land area in the
event the operator defaults on the contract.
e. New subparagraph E is added to state that the Department will
monitor the placement of the excess spoil and the reclamation of the
abandoned mine land area to ensure that the work is performed in
accordance with the contract. In the event the operator fails to meet
the terms of the contract, the Department shall issue a cessation order
to stop the work on the area until the failure has been corrected.
2. COMAR 26.20.14.06, Conditions of Bonds
a. Subparagraph (B)(3) is amended to state that certificates of
deposit be made payable to the Bureau. This paragraph formerly stated
that such certificates of deposit shall be assigned to the Bureau in
writing and upon the books of the bank issuing these certificates.
b. Subparagraph (B)(4) is amended by changing the denomination
amount from $40,000 to $100,000.
c. New subparagraph (8) is added to require that the bank give
prompt notice to the Bureau and the permittee of any notice received or
action filed alleging insolvency or bankruptcy of the bank or the
permittee, or alleging any violations of regulatory requirements which
could result in suspension or revocation of the bank's charter or
license to do business.
3. COMAR 26.20.14.09, Procedures for Release of General Bonds
a. Subparagraph (B)(2)(b) is revised by substituting the word
``identify'' for ``show'' and by adding the requirement to identify the
approval date of the permit.
b. Subparagraph (B)(2) (c) and (d) are revised by submitting the
word ``identify'' for ``show'' and (d) is further revised by adding the
requirement to identify the type and amount of bond filed on the
permit.
c. Subparagraph (B)(2)(e) is revised by requiring that the type and
approximate dates of the work performed be summarized.
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. 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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
E.S.T. on February 14, 1997. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak at the public hearing, the hearing
will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of 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 Sate, 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
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existing requirements previously promulgated by OSM will be implemented
by the State. In making the determinations 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
Intergovernmetnal relations, Surface mining, Underground mining.
Dated: January 24, 1997.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-2332 Filed 1-29-97; 8:45 am]
BILLING CODE 4310-05-M
