[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33153-33156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11610]
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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: Final rule; approval of amendment.
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SUMMARY: We are approving an 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. The
amendment is intended to improve the ability of the Maryland Department
of the Environment to finance reclamation projects by increasing the
amounts available in the Reserve.
DATES: Effective Date: June 15, 2007.
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. Submission of the Proposed Amendment
III. OSM's findings
IV. Summary and Disposition of Comments
V. OSM'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 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
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program and program amendments at 30 CFR 920.12, 920.15, and 920.16.
II. Submission 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. Maryland stated that the amendment also
addresses findings and recommendations found in the Actuarial Study
approved by OSM in the Federal Register dated May 13, 1998 (63 FR
26451).
The Reserve 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. The Reserve receives revenues from
two separate surcharges that are assessed for each ton of coal removed
by the open-pit or strip method. These funds are used to supplement
forfeited bonds to enable the mine site to be reclaimed. If the funds
in the Reserve at the end of any month equal or exceed a certain fixed
level, or cap, deposits into the Reserve from these surcharges are
temporarily stopped. If the funds in the Reserve at the end of any
month then drop below a certain fixed level, or floor, deposits into
the Reserve from these surcharges are resumed. In this amendment,
Maryland proposes to raise both the cap and the floor levels, in order
to ensure that more funds are always available for reclamation
expenses.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal Regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment.
1. MAC 15-517(c)
Prior to this amendment, subsection (c) provided 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 proposed to revise Subsection (c) by increasing the end-
of-month balance cap of the Bond Supplement Reserve 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.
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e),
pertaining to the establishment and maintenance of an alternative
bonding system, and can be approved.
2. MAC 15-517(d)(1)
Prior to this amendment, subsection (d)(1) provided as follows:
(1) The amount of money in the bond supplement reserve equals or
exceeds $300,000 at the end of the month;
Maryland proposed to raise the end-of-month balance cap of the Bond
Supplement Reserve 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;
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and
can be approved.
3. MAC 15-517(e)
Prior to this amendment, subsection (e) provided 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 proposed to raise the amount from $200,000 to $500,000
because it believes that 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:
Because the amendment to this provision ensures more revenues are
available in the Bond Supplement Reserve, we find that the changes are
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and
can be approved.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Number MD-587-02), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Maryland program (Administrative
Record Number MD-587-01), but did not receive any.
V. OSM's Decision
Based on the above findings, we approve the Maryland amendment that
we received on January 29, 2007.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 920, which codify decisions concerning the Maryland
program. 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 Maryland's program
demonstrate that it has the capability of carrying out the provisions
of the Act and meeting its purposes. Making this regulation effective
immediately will expedite that process. SMCRA requires consistency of
Maryland and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
In accordance with Executive Order 12630, the provisions in the
rule, as described in the preamble, do not have significant takings
implications; therefore, a takings implication assessment is not
required.
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
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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 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: May 4, 2007.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
PART 920--MARYLAND
0
1. The authority citation for part 920 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
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 Date of final publication Citation/description
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* * * * * * *
January 29, 2007........................ June 15, 2007.............. MAC 15-517(c); 15-517(d)(1); and 15-
517(e).
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[FR Doc. E7-11610 Filed 6-14-07; 8:45 am]
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