[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Rules and Regulations]
[Pages 12027-12030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7059]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-039-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 (hereinafter referred to as the ``Maryland
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Maryland proposed revisions and additions to rules and
statutes pertaining to remined areas. The amendment is intended to
revise the Maryland program to be consistent with the corresponding
Federal regulations and SMCRA.
EFFECTIVE DATE: March 25, 1996.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Program Manager, OSM, Appalachian Regional Coordinating
Center, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-
2849.
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. Background information on the Maryland
program, including the Secretary's findings, the
[[Page 12028]]
disposition of comments, and the conditions of approval can be found in
the December 1, 1980, Federal Register (45 FR 79449). Subsequent
actions concerning conditions of approval and program amendments can be
found at 30 CFR 920.12, 920.15, and 920.16.
II. Submission of the Proposed Amendment
By letter dated October 26, 1995 (Administrative Record No. MD-
573.00), Maryland submitted a proposed amendment to its program
pursuant to SMCRA at its own initiative. Maryland proposed to revise
the remining provisions of the Annotated Code of Maryland (Code) at
sections 7-501, 7-505, and 7-511 and add to the Code of Maryland
Regulations (COMAR) at section 08.20.14.14. In response to two
communications by OSM, by letters dated January 31, 1996 and February
16, 1996 (Administrative Record No. MD-573.05), Maryland clarified
certain provisions of the proposed amendment. Because the information
was explanatory in nature and did not constitute a major revision of
the original submission, OSM did not reopen the comment period.
OSM announced receipt of the proposed amendment in the November 27,
1995, Federal Register (60 FR 58319), 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 December 27, 1995.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment. Revisions not specifically discussed below concern
nonsubstantive wording changes and paragraph notations to reflect
organizational changes resulting from this amendment.
Annotated Code of Maryland--Chapter 0469--Lands Eligible for Remining
At sections 7-501(m) and (w), Maryland proposes to delete the terms
``net project construction cost'' and ``project construction cost.''
There are no Federal counterparts to these terms, nor are they used in
the Maryland Code for anything related to the Maryland program.
Therefore, the Director finds that the proposed deletions at sections
(m) and (w) do not render the Maryland program less effective than the
Federal regulations. At section 7-501(m), Maryland proposes to add the
term ``lands eligible for remining'' and define it as any land that
would otherwise be eligible for expenditures under subtitle 9. Subtitle
9 of the Maryland statute is the State's counterpart to Title IV of
SMCRA. The Director finds that the proposed definition at section (m)
is substantively identical to and therefore no less stringent than the
Federal definition at section 701(34) of SMCRA.
At section 7-505(i)(2), Maryland proposes to prohibit the issuance
of a permit on slopes of 20 degrees or more from the horizontal.
Certain measurement requirements are specified. A permit may be issued
for lands eligible for remining when, in the opinion of the Land
Reclamation Committee, the land could be restored to its original
contour. OSM conducted a technical review of the proposed revision on
February 8, 1996 (Administrative Record No. MD-573.06), and concluded
that Maryland's proposal is feasible and technically acceptable.
Maryland has stated in its January 31, 1996, letter that it will allow
this mining when the remining will result in the reclamation that is in
compliance with present requirements. Since the area must be reclaimed
in accordance with the Maryland regulatory program, the Director finds
that the proposed revision is not inconsistent with the requirements of
SMCRA and the Federal regulations.
At section 7-511(b)(2), Maryland proposes to revise subsection (I)
to reference the requirements of subsections (II) and (III) and to add
new subsections (II) and (III). Subsection (II) requires that on land
eligible for remining, the period of operator responsibility is 2 full
years after the approval of the backfilling and planting report. The
authority expiration dates are specified as September 30, 2004 or on
any later date authorized under SMCRA. Section 515(b)(2)(B) of SMCRA
requires that on lands eligible for remining, the operator must assume
responsibility for successful revegetation for a period of 2 full years
after the last year of augmented seeding, fertilizing, irrigation or
other work to comply with applicable standards. Maryland's backfilling
and planting report is filed after the backfilling, regarding and
seeding is completed. Pursuant to COMAR 08.20.29.06, bond release may
occur no sooner than two years after the last augmented seeding.
Therefore, the Director finds that the proposed revisions at
subsections (I) and (II) are no less stringent than the revegetation
provisions of section 515(b)(2)(B) of SMCRA and the termination of
authority provisions of section 510(e). Subsection (III) requires that
for any reported area other than land eligible for remining, the period
of operator responsibility is 5 full years after the approval of the
report. The Director finds that the proposed revisions at subsection
III are no less stringent than the provisions of section 515(b)(20)(A)
of SMCRA.
COMAR 08.20.14.14--Release of Bonds on Remining Areas
Maryland proposes to add new section 08.20.14.14. At section (A),
Maryland requires that the criteria and procedures of this chapter
apply to the release of bonds for remining areas, except as modified.
At section (B), Maryland specifies that the portion of the bond
submitted in accordance with section .03C may be released upon
completion of all Reclamation Phase I work on the remining areas. Phase
I work, as defined in COMAR 08.20.14.08, is achieved when the permittee
completes the following conditions: backfilling, regarding, topsoil
replacement, seeding, mulching, and draining control in accordance with
the reclamation plan. These conditions include the requirements of 30
CFR 800.40(c)(1), which is the Federal regulatory subsection on Phases
I bond release. Since section (B) requires the completion of Phases I
work before bond release, section (B) is consistent with 30 CFR
800.40(c)(1). At section (C), Maryland specifies that the portion of
the bond submitted in accordance with section .03D may be released if
the permittee demonstrates and Maryland finds that (1) the permittee
has met certain revegetation standards and the requirements of the
Maryland regulatory program, (2) with respect to prime farmlands, soil
productivity has been returned to the required level of yield, (3) the
Maryland Department of the Environment has released the permittee from
NPDES Coal Remining Permit obligations in accordance with COMAR
26.08.03F, (4) all temporary draining control structures not authorized
to remain on the remining area have been removed and the affected area
has been regarded, seeded, and mulched, (5) all permanent drainage
control structures have been inspected and any deficiencies repaired by
the operator, (6) the provisions of an approved plan for the sound
future management of any permanent impoundment for the permittee or
landowner have been satisfactorily implemented, and (7) the applicable
liability period for remining areas has been met. Section 08.20.14.14
continues to include criteria and procedures of Chapter 08.20.14 unless
modified by COMAR 08.20.14.14. In response to a question, Maryland
clarified that COMAR section
[[Page 12029]]
08.20.14.08 (E) (2) and (3), applies to these areas. COMAR 08.20.14.08
(E) (2) and (3) require the completion of Phase II and Phase III work
before bond release. This is consistent with 7-511(b)(5) of the
Maryland Code which requires that no bond shall be fully released until
all the reclamation requirements are fully met.
Phase II work, as defined in COMAR 08.20.14.08, is achieved when
the permittee completes the following conditions: revegetation is
established in accordance with the approved plan, lands are not
contributing suspended solids in excess of program requirements, soil
productivity is returned to required level of yield with respect to
prime farmlands, permanent impoundment management provisions are
implemented, and designated temporary drainage control structures are
removed and permanent structures inspected. Phase III work, as defined
in COMAR 08.20.14.08, is achieved when the permittee completes mining
and reclamation operations in accordance with the approved plan and
achieves compliance with the requirements of the regulatory program,
the permit, and the liability period has expired. These conditions
include the requirements of 30 CFR 800.40(c) (2) and (3), which are the
Federal regulatory subsections on Phase II and III bond release. Since
section (c), read in conjunction with COMAR 08.20.14.08, requires the
completion of Phase II and III work before bond release, the Director
finds that section (C) is consistent with 30 CFR 800.40(c) (2) and (3).
At section (D), Maryland requires that it will retain sufficient bond
on any area disturbed to remove temporary drainage control structures
until certain requirements at C(1), C(5), and C(6) have been met. In
its letter dated January 31, 1996, Maryland stated that a typographical
error was made in the original submission and that the correct
references should be C(1), C(2), and C(7). There is no direct Federal
counterpart to Section D. Section D is an additional prerequisite to 7-
511(b)(5) of the Maryland Code which requires that no bond shall be
fully released until all the reclamation requirements are fully met.
Therefore, the Director finds section D is not inconsistent with the
requirements of SMCRA and the Federal regulations.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. By letter dated
November 22, 1995, the Maryland Historical Trust concurred without
objection or comment. Because no one requested an opportunity to speak
at a public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Maryland program. None were
received.
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.).
On November 1, 1995, OSM solicited EPA's concurrence with the
proposed amendment (Administrative Record No. MD-573.01). On December
5, 1995, EPA gave its written concurrence (Administrative Record No.
MD-573.04).
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 this 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.
List of Subjects in 30 CFR 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 13, 1996.
Tim L. Dieringer,
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:
[[Page 12030]]
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 by adding paragraph (cc) to read as
follows:
Sec. 920.15 Approval of regulatory program amendments.
* * * * *
(cc) The following rules and statutes, as submitted to OSM on
October 26, 1995, and supplemented with explanatory information on
January 31, 1996 and February 16, 1996 are approved effective March 25,
1996:
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Rule or statute No. Topic
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Annotated Code of Maryland:
Section 7-501(m), (w)................... Definitions.
Section 7-505(i)(2)..................... Permitting.
Section 7-511(b)(2) (I), (II), (III).... Revegation.
COMAR 08.20.14.14....................... Release of Bonds on Remining
Areas.
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[FR Doc. 96-7059 Filed 3-22-96; 8:45 am]
BILLING CODE 4310-05-M
