[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10433-10436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4147]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-055-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 on proposed amendments.
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SUMMARY: We are announcing receipt of a proposed amendment to the
Maryland regulatory program (the Maryland program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
program amendment consists of changes to the Maryland Annotated Code
(MAC) to increase the end of month balance cap of the Bond Supplement
Reserve (Reserve) within the Bituminous Coal Open-Pit Mining
Reclamation Fund. Maryland submitted these proposed amendments on its
own initiative to improve the ability of the Maryland Department of the
Environment to
[[Page 10434]]
finance reclamation projects by increasing the amounts available in the
Reserve.
DATES: We will accept written comments on this amendment until 4 p.m.
(local time), on April 9, 2007. If requested, we will hold a public
hearing on the amendment on April 2, 2007. We will accept requests to
speak at a hearing until 4 p.m. (local time), on March 23, 2007.
ADDRESSES: You may submit comments, identified by ``MD-055-FOR,'' by
any of the following methods:
E-mail: [email protected]. Include ``MD-055-FOR'' in the
subject line of the message;
Mail/Hand Delivery: Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface Mining Reclamation and Enforcement,
415 Market Street, Room 304, Harrisburg, PA 17101; Telephone: (717)
782-4849 ext. 11;
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number ``MD-055-FOR'' for this rulemaking. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see the ``Public Comment Procedures'' Section in
this document. You may also request to speak at a public hearing by any
of the methods listed above or by contacting the individual listed
under FOR FURTHER INFORMATION CONTACT.
Docket: You may review copies of the Maryland program, this
submission, 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 also receive one free copy of the submission by
contacting OSM's Pittsburgh Field Division Office.
Mr. George Rieger, Chief, Pittsburgh Field Division, Office of
Surface Mining Reclamation and Enforcement, 415 Market Street, Room
304, Harrisburg, PA 17101, Telephone: (717) 782-4849 ext. 11. E-mail:
[email protected].
Mr. C. Edmon Larrimore, Program Manager, Mining Program, Maryland
Department of the Environment,1800 Washington Boulevard, Baltimore,
Maryland 21230, Telephone: (410) 537-3557 or 1-800-633-6101.
FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Telephone: (717)
782-4849 ext. 11. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 December 1, 1980. You
can find background information on the Maryland program, including the
Secretary's findings, the disposition of comments, and conditions of
approval in the December 1, 1980, Federal Register (45 FR 79431). You
can also find later actions concerning Maryland's program and program
amendments at 30 CFR 920.12, 920.15, and 920.16.
II. Description of the Proposed Amendment
By an undated letter received on January 29, 2007 (Administrative
Record Number MD-587-00), Maryland sent us an amendment to revise its
program under SMCRA (30 U.S.C. 1201 et seq.). The amendment revises MAC
provisions to increase the end of month balance cap of the Bond
Supplement Reserve within the Bituminous Coal Open-Pit Mining
Reclamation Fund. Maryland submitted these proposed amendments on its
own initiative to improve the ability of the Maryland Department of the
Environment to finance reclamation projects by increasing the amounts
available in the Reserve.
In its submittal of this amendment, Maryland stated that this
action will improve the ability of the Maryland Department of the
Environment to finance reclamation projects by increasing the amounts
available in the Reserve. It also addresses findings and
recommendations found in the Actuarial Study approved by OSM in the
Federal Register dated May 13, 1998 (63 FR 26451).
This Bond Supplement Reserve Fund was established for reclamation
purposes when the original bond is not sufficient to reclaim the site
for which it was posted in the event of forfeiture. A surcharge is
assessed for each ton of coal removed by the open-pit or strip method.
Part of that surcharge is deposited into the Bituminous Coal Open-Pit
Mining Reclamation Fund and another part is remitted to the county.
These funds are used to supplement forfeited bonds to enable the mine
site to be reclaimed. An additional surcharge for each ton is assessed
and credited to the county in which the mining is occurring.
A summary of the proposed changes follows:
1. MAC 15-517(c)
Subsection (c) provides as follows:
(c) When the amount of money in the bond supplement reserve
equals or exceeds $300,000 at the end of the month, deposits into
the reserve of the amounts provided in subsection (b)(1) and (2) of
this section shall end temporarily.
Maryland proposes to revise Subsection (c) by increasing the end-
of-month balance cap of the Bond Supplement Reserve Fund from $300,000
to $750,000.
As amended, Subsection (c) provides as follows:
(c) When the amount of money in the bond supplement reserve
equals or exceeds $750,000 at the end of the month, deposits into
the reserve of the amounts provided in subsection (b)(1) and (2) of
this section shall end temporarily.
2. MAC 15-517(d)(1)
Subsection (d)(1) provides as follows:
(1) The amount of money in the bond supplement reserve equals or
exceeds $300,000 at the end of the month;
Maryland proposes to raise the end-of-month balance cap of the Bond
Supplement Reserve Fund from $300,000 to $750,000.
As amended, Subsection (d)(1) provides as follows:
(1) The amount of money in the bond supplement reserve equals or
exceeds $750,000 at the end of the month;
3. MAC 15-517(e)
Subsection (e) reads as follows:
(e) At the end of any month when the amount of money in the bond
supplement reserve is reduced below $200,000:
Maryland proposes to raise the amount from $200,000 to $500,000
because the end-of-month balance cap that triggers the resumption of
surcharges and deposits needed to be increased as well.
As amended, Subsection (e) provides as follows:
(e) At the end of any month when the amount of money in the bond
supplement reserve is reduced below $500,000:
[[Page 10435]]
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the submission satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Maryland program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We may not consider or respond to your
comments when developing the final rule if they are received after the
close of the comment period (see DATES). We will make every attempt to
log all comments into the administrative record, but comments delivered
to an address other than the Pittsburgh Field Division Office may not
be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: MD-055-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 Pittsburgh Field Division
Office at (717) 782-4849 ext. 11.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on
March 23, 2007. If you are disabled and need special accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please 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, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the Administrative Record.
IV. Procedural Determinations
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 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget under Executive Order 12866.
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 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 because
each 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
the Federal regulations at 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 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 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is our decision is on a State
regulatory program and does not involve a Federal regulation involving
Indian lands.
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
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute
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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 certifies 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. 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; and (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 analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the analysis performed
under various laws and executive orders for the counterpart Federal
regulations.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 13, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
[FR Doc. E7-4147 Filed 3-7-07; 8:45 am]
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