[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Rules and Regulations]
[Pages 50827-50829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25006]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-050-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule.
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SUMMARY: OSM is approving an amendment to the Maryland regulatory
program (Maryland program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the
Maryland statutes to require the use of financial disclosure forms by
the Land Reclamation Committee. The amendment satisfies a required
program amendment at 30 CFR 920.16(l). The amendment is intended to
revise the Maryland program to be no less effective than the
corresponding Federal regulations.
EFFECTIVE DATE: October 5, 2001.
FOR FURTHER INFORMATION CONTACT:
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
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Submission of the Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Maryland Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *'' and
``rules and regulations consistent with regulations issued by the
Secretary'' pursuant to the Act. See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Maryland program on February 18, 1982. 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. Submission of the Amendment
By an undated letter received by OSM on May 7, 2001 (Administrative
Record No. 578-12), Maryland submitted a copy of House Bill 984 as a
formal proposed amendment to its program. The House Bill was enacted to
require members of the Land Reclamation Committee to file a United
States Department of Interior State Employee Statement of Employment
and Financial Interests. Maryland submitted the formal amendment to
satisfy a required amendment at 30 CFR 920.16(l). We announced the
proposed amendment in the June 12, 2001, Federal Register (66 FR
31571), 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 July 12, 2001.
We did not receive any public comments. No one requested an opportunity
to speak at a public hearing, so no hearing was held.
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
amendments to the Maryland permanent regulatory program.
Maryland is adding new paragraph 4. to Section 15-204 of the
Annotated Code of the Public General Laws of Maryland, Environment, as
follows:
(4) Members of the Land Reclamation Committee shall file a United
States Department of Interior State Employee Statement of Employment
and Financial Interests.
As a result of this addition, existing paragraph (4) is re-numbered
as paragraph (5).
We find that the revision is no less effective than the Federal
regulations at 30 CFR 705.11(a) and 705.17(a).
IV. Summary and Disposition of Comments
Federal Agency Comments
On May 10, 2001, we asked for comments from various Federal
agencies who may have an interest in the Maryland amendment
(Administrative Record Number MD-578-13). We solicited comments in
accordance with section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i) of
the Federal regulations. No responses 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
[[Page 50828]]
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.). The Director has determined that this amendment contains no
such provisions and that EPA concurrence is therefore unnecessary.
Therefore OSM did not request EPA's concurrence.
Public Comments
No comments were received in response to our request for public
comments.
V. Directors Decision
Based on the findings above we are approving the amendments to the
Maryland program. We are also removing the required amendment at 30 CFR
920.16(l). We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this regulation effective immediately will expedite
that process. Maryland's program regarding this action is now
consistent with the intent of the Federal regulations. Consistency of
State and Federal standards is required by SMCRA.
VI. 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.
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.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
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: August 7, 2001.
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
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Regulations is amended as set forth below:
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 in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 920.15 Approval of Maryland regulatory program amendments.
* * * * *
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Original amendment submission Date of final
date publication Citation/description
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* * * *
* * *
May 7, 2001................... October 5, 2001.. Section 15-204 (4)(5)
of the Annotated
Code of the Public
General Laws of
Maryland,
Environment.
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3. Sec. 920.16 is amended by removing and reserving paragraph (l).
[FR Doc. 01-25006 Filed 10-4-01; 8:45 am]
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