[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Proposed Rules]
[Pages 24897-24899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10609]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-046-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 a proposed amendment to the
Maryland regulatory program (Maryland program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of revisions to the Maryland regulations regarding a
definition of previously mined area, termination of jurisdiction,
permitting requirements, bond release requirements and performance
standards for inspections. The amendment is intended to revise the
Maryland program to be no less effective than the corresponding Federal
regulations.
DATES: If you submit written comments, they must be received by 4:00
p.m., E.D.T., May 30, 2000. If requested, a public hearing on the
proposed amendment will be held on May 24, 2000. Requests to speak at
the hearing must be received by 4:00 p.m., E.D.T., on May 15, 2000.
ADDRESSES: Mail or hand-deliver your written comments and requests to
speak at the hearing to Mr. George Rieger, Manager, Oversight and
Inspection Office, at the address listed below. You may review 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 at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the proposed amendment by contacting OSM's
Appalachian Regional Coordinating Center.
George Rieger, Manager, Oversight and Inspection Office, Appalachian
Regional Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412)
937-2153, E-mail: [email protected]
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland
21532, Telephone: (301) 689-4136
FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Oversight and
Inspection Office, 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. 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 February 18, 1982,
Federal Register (47 FR 7214). You can find subsequent actions
concerning the conditions of approval and program amendments at 30 CFR
920.15 and 920.16.
II. Description of the Proposed Amendment
By letter dated September 14, 1999 (Administrative Record No. 577-
04), Maryland provided an informal amendment to OSM regarding a
definition of previously mined area, termination of jurisdiction,
permitting requirements, bond release requirements and performance
standards for inspections. Maryland submitted the informal amendment in
response to requests made by OSM as required under 30 CFR 732.17(d) in
letters dated July 8, 1997, and August 11, 1999 (Administrative Record
Nos. 577-01 and 577-03, respectively). OSM completed its review of the
informal amendment and submitted comments to Maryland in a letter dated
March 20, 2000 (Administrative Record No. 577-05). By letter dated
April 11, 2000 (Administrative Record No. MD-577-06), Maryland
submitted its response to OSM's comments in the form of a proposed
amendment to the Code of Maryland Regulations (COMAR) as follows:
1. COMAR 26.20.01.02B Definitions
Maryland proposes to add item (72-1) to the definitions as follows:
``Previously Mined Area'' means land affected by surface coal mining
operations prior to August 3, 1977 that
[[Page 24898]]
have not been reclaimed to the standards of this subtitle.
2. COMAR 26.20.02.01 Scope
Maryland proposes to add new paragraphs C. and D. as follows:
C. The Bureau may terminate its jurisdiction under the
regulatory program over the reclaimed site of a completed surface
coal mining and reclamation operation or increment thereof, when the
Bureau determines, in writing, that under the regulatory program,
all requirements imposed under the applicable regulatory program
have been successfully completed or, where a performance bond was
required, the bureau has made a final decision in accordance with
this subtitle to fully release the performance bond.
D. Following a termination under section C. of this regulation,
the Bureau shall reassert jurisdiction under the regulatory program
over a site if it is demonstrated that the bond release or written
determination referenced in section C. of this regulation was based
upon fraud, collusion, or misrepresentation of a material fact.
3. COMAR 26.20.02.13 Description of Proposed Mining Operations
Maryland proposes to modify paragraph M. by inserting the phrase
``Except as provided in COMAR 26.20.26.01B,'' before the existing text.
This section will now read as ``Except as provided in COMAR
26.20.26.01B, maps, plans and cross sections required under Secs. K and
L of this regulation shall be prepared by, or under the direction of
and certified by, a qualified registered professional engineer or
professional geologist.''
4. COMAR 26.20.03.05 Prime Farmlands
Maryland proposes to modify paragraph I. by adding new subsection
(5) as follows:
The aggregate total prime farmland acreage shall not be
decreased from that which existed prior to mining. Water bodies, if
any, to be constructed during mining and reclamation operations must
be located within the post-reclamation non-prime farmland portions
of the permit area. The creation of any such water bodies must be
approved by the Bureau and the consent of all affected property
owners within the permit area must be obtained.
5. COMAR 26.20.14.09 Procedures for Release of Bonds
Maryland proposes to modify Paragraph A., Application for Release,
by adding new subsection (5) as follows:
The permittee shall include in the application for bond release
a notarized statement which certifies that all applicable
reclamation activities have been accomplished in accordance with the
requirements of Environmental Article, Title 15, Subtitle 5,
Annotated Code of Maryland, the Regulatory Program, and the approved
reclamation plan. Such certification shall be submitted for each
application or phase of bond release.
6. COMAR 26.20.31.02 Inspections
Maryland proposes to modify paragraph H. by changing the reference
pertaining to Reclamation Phase III from COMAR 26.20.14.08F to COMAR
26.20.14.08E and by adding the following sentence:
If a permit is revoked and the performance bond is forfeited in
accordance with COMAR 26.20.33, the Bureau shall continue to inspect
the permit area in accordance with this regulation until the
completion of all reclamation required on the permit.
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
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, should be
confined to issues pertinent to the notice, and should explain the
reason for your recommendation(s). We may not be able to consider or
include in the Administrative Record comments delivered to an address
other than the one listed above (see ADDRESSES).
Electronic Comments
Please submit Internet comments as an ASCII, WordPerfect, or Word
file avoiding the use of special characters and any form of encryption.
Please also include ``Attn: SPATS NO. MD-046-FOR'' and your name and
return address in your Internet message. If you do not receive a
confirmation that we have received your Internet message, contact the
Appalachian Regional Coordinating Center at (412) 937-2153.
Availability of Comments
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours at the OSM Administrative Record Room (see ADDRESSES).
Individual respondents may request that we withhold their home address
from the rulemaking record, which we will honor to the extent allowable
by law. There also may be circumstances in which we would withhold from
the rulemaking record a respondent's identity, as allowable by law. If
you wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
Public Hearing
If you wish to speak at the public hearing, you should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
E.D.T. on May 15, 2000. 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.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who testifies at a public
hearing provide us with a written copy of his or her testimony. The
public hearing will continue on the specified date until all persons
scheduled to speak have been heard. If you are in the audience and have
not been scheduled to speak and wish to do so, you will be allowed to
speak after those who have been scheduled. We will end the hearing
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. If you wish
to meet with OSM representatives to discuss the proposed amendment, you
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--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
[[Page 24899]]
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart federal regulation.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the federal and state governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed state regulatory program provision does not
constitute a major federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the state submittal
which is the subject of this rule is based upon counterpart federal
regulations for which an analysis was prepared and a determination made
that the federal regulation was not considered a major rule.
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: April 20, 2000.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 00-10609 Filed 4-27-00; 8:45 am]
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