[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16730-16731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8894]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-041-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on a proposed
amendment to the Maryland regulatory program (hereinafter the
``Maryland program'' under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The proposed amendment consists of changes to
provisions of the Maryland regulations pertaining to bonding. The
amendment is intended to revise the Maryland program to be consistent
with the corresponding Federal regulations and SMCRA.
DATES: Written comments must be received by 4:00 p.m. E.S.T. April 21,
1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to George Rieger, Program Manager, 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 contracting OSM's Appalachian Regional
Coordinating Center.
George Rieger, Program Manager, OSM, Appalachian Regional Coordinating
Center, 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, Program Manager,
Appalachian Regional Coordinating Center, at (412) 937-2153.
SUPPLEMENTARY INFORMATION:
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 disposition of
comments, and the conditions of approval can be found in the December
1, 1980, Federal Register (45 FR 79449). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 920.12, 920.15, and 920.16.
II. Description of the Proposed Amendment
By letter dated March 6, 1997 (Administrative Record No. MD-
552.18), Maryland submitted a proposed amendment to its program
pursuant to SMCRA in response to required amendments at 30 CFR 920.16
(h), (i), (j), and (n). Maryland is revising the Code of Maryland
Regulations (COMAR) at section 26.20.14.01B--Performance Bonds and is
formally submitting an actuarial study which reviews the adequacy of
its alternative bonding system. Specifically, Maryland proposes to
require that a performance bond be conditioned upon the permittee
faithfully performing every requirement of Subtitle 5 of the Annotated
Code of Maryland, the Regulatory Program, the permit, and the
reclamation plan. The proposed amendment was announced in the March 25,
1997, Federal Register (62 FR 14079). The notice did not clarify that
Maryland's alternative bonding system was originally submitted with the
understanding that it would cover acid mine drainage. Maryland has
since adopted a policy that will limit the liability of the alternative
bonding system by increasing the permittee's individual bond amount
where unanticipated acid mine drainage develops on a site.
Further, Maryland has now submitted proposed changes to its program
found at the Code of Maryland Regulations (COMAR) 26.20.14.05.03 and
26.20.14.05.04. In 1991, OSM approved changes to former COMAR 08.13.09.
15C and 08.13.09.15D (56 FR 63649, December 5, 1991). (Since 1991,
Maryland has restructured its regulations and former COMAR 08.13.09.15C
is now COMAR 26.20.14.05.03 and former COMAR 08.13.09.15D is now COMAR
26.20.14.05.04). However, Maryland subsequently chose not to promulgate
these approved changes. Instead, it now proposes to readopt the
language now found at COMAR 26.20.14.05.03 and COMAR 26.20.14.05.04.
Section .03 provides that the amount of performance bond be based upon
the estimated cost to perform the reclamation required to achieve
compliance with the regulatory program and the requirements of the
permit in the event of a forfeiture. In addition, the proposed rule
establishes a separate bond for revegetation in the amount of $600 per
acre of affected land and a general bond in the amount of $1500 per
acre for the approved open acre limit.
COMAR 26.20.14.05.04 requires that the amount of the performance
bond be adjusted as acreage in the permit are revised, methods of
mining operation change, standards of reclamation change, or when the
cost of reclamation or restoration work changes.
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
[[Page 16731]]
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: March 26, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-8894 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M
