[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30346]


[[Page Unknown]]

[Federal Register: December 9, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

 

Maryland Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Maryland 
abandoned mine land reclamation plan (hereinafter referred to as the 
``Maryland Plan'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). Maryland proposed revisions and additions to its Plan 
pertaining to new abandoned mine lands (AML) program initiatives. One 
Initiative would allow Maryland to expend up to 30 percent of Title IV 
grants on facilities related to water supply, including water supplies 
adversely affected by certain eligible coal mining practices. A second 
initiative would allow Maryland to use AML funds for reclamation and 
drainage abatement at certain eligible sites where mining occurred 
during a specified time period. The amendment is intended to revise the 
Maryland plan to be consistent with the corresponding Federal 
regulations and SMCRA and incorporate the additional flexibility 
afforded by the Abandoned Mine Land Reclamation Act of 1990 and the 
Energy Policy Act of 1992.

EFFECTIVE DATE: December 9, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert J. Biggi, Director, Harrisburg Field Office, OSM, Harrisburg 
Transportation Center, Third Floor, Suite 3C, 4th and Market Streets, 
Harrisburg, Pennsylvania 17101, Telephone: (717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Maryland Plan

    On June 16, 1982, the Secretary of the Interior approved the 
Maryland Plan. Background information on the Maryland Plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the June 16, 1982, Federal Register (47 FR 
25955). Subsequent actions concerning the conditions of approval and 
amendments to the Plan can be found at 30 CFR 920.20 and 920.25.

II. Submission of the Proposed Amendment

    By letter dated August 19, 1993 (Administrative Record No. MD-
565.00), Maryland submitted a proposed amendment to its Plan pursuant 
to SMCRA at its own initiative. Maryland proposed to amend its Plan to 
allow for two program initiatives. The first program would allow 
Maryland to expend up to 30 percent of Title IV grants for the purpose 
of protecting, repairing, replacing, constructuring, or enhancing 
facilities related to water supply, including water distribution 
facilities and treatment plants, to replace water supplies adversely 
affected by certain eligible coal mining practices. The second program 
would allow Maryland to use AML funds for reclamation and drainage 
abatement at certain eligible sites where the surface coal mining 
operation occurred during the period beginning on August 4, 1977, and 
ending on or before February 18, 1982. OSM announced receipt of the 
proposed amendment in the September 21, 1993, Federal Register (58 FR 
48998), 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 October 21, 
1993.
    During its review of the amendment, OSM identified concerns 
relating to the extended eligibility dates for interim mine sites and 
the use and source of funds. OSM notified Maryland of these concerns by 
letter dated November 2, 1993 (Administrative Record No. MD-565.06).
    By letters dated August 3, 1994 (Administrative Record No. MD-
565.07), and September 1, 1994 (Administrative Record No. MD-565.08), 
Maryland responded to OSM's concerns by submitting additional 
explanatory information. Maryland submitted House Bill 1522 which 
revised section 7-906 of the Natural Resources Act, Subtitle 9, of the 
Annotated Code of Maryland to extend the eligibility dates for the 
reclamation of mine sites by including lands and waters made eligible 
through amendments to SMCRA, as amended through October 1, 1994. 
Maryland also revised its Plan to specify that eligible interim sites 
are those on which mining ended on or before the Secretary's approval 
of Maryland's regulatory program. OSM approved the Maryland program on 
December 1, 1980 (45 FR 79449).
    OSM announced receipt of the additional information in the November 
14, 1994, Federal Register (59 FR 56451). The public comment period 
closed on November 29, 1994.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 884.14 and 884.15, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

1. Interim Program Bond Forfeiture Projects

    Maryland is revising its reclamation project ranking and selection 
procedures for priority 1 and 2 sites to include interim program bond 
forfeiture projects. Maryland's interim program bond forfeitures 
include sites where mining occurred after the enactment of SMCRA and 
ended on or before the Secretary of the Interior's approval of 
Maryland's regulatory program. The Secretary approved the Maryland 
program on December 1, 1980 (45 FR 79449). Eligible interim program 
sites are those that remain inadequately reclaimed and for which 
available funds from bonds or other forms of financial guarantees or 
from any other source are insufficient to adequately reclaim the site. 
Maryland also revised its statutory language in section 7-906 of the 
Natural Resources Act, Subtitle 9, of the Annotated Code of Maryland to 
extend the eligibility dates for the reclamation of mines sites by 
including lands and waters made eligible through amendments to SMCRA, 
as amended through October 1, 1994.
    Section 402(g)(4)(B)(1) of SMCRA authorizes expenditures from the 
AML fund for interim sites provided that any funds for reclamation and 
abatement which are available from any source are not sufficient to 
provide for adequate reclamation or abatement. The Director finds the 
proposed State program amendment to be no less stringent than the 
counterpart provisions in section 402(g)(4)(B) of SMCRA.

2. Water Supply Replacement Projects

    Maryland is revising its reclamation project ranking and selection 
procedures for priority 1 and 2 sites to include water supply 
replacement projects. Maryland is authorizing the expenditure of up to 
30 percent of the State's share of its annual Federal grant allocation 
for the purpose of protecting, repairing, replacing, constructing, or 
enhancing facilities related to water supply, including water 
distribution facilities and treatment plants, to replace water supplies 
adversely affected by coal mining practices. Title IV grant funds will 
be used for these projects if the adverse effects on water supplies 
occurred prior to August 3, 1977. Title IV grant funds may also be used 
for projects where the adverse effects on water supplies occurred both 
prior to and after August 3, 1977, where the adverse effects were 
predominately the result of mining that occurred prior to August 3, 
1977.
    Section 403(b) of SMCRA authorizes the expenditure for the purposes 
listed above of up to 30 percent of the funds allocated to the States 
in any year through grants made available under sections 402(g)(1) and 
(5) of SMCRA. The Director finds the proposed State regulation no less 
stringent than the counterpart provisions in section 403(b) of SMCRA 
provided that Maryland use only those funds allocated through grants 
made available under sections 402(g)(1) and (5) of SMCRA.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held. The Director also solicited public 
comments on the additional information submitted by Maryland. No public 
comments were received.

Federal Agency Comments

    Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited 
comments on the proposed amendment from various other Federal agencies 
with an actual or potential interest in the Maryland plan. The 
Department of Labor, Mine Safety and Health Administration, and the 
Department of the Army, Corps of Engineers, concurred without comment.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), the Director must solicit the 
written concurrence of the Administrator of the EPA with respect to 
those provisions of the proposed plan amendment which relate to air or 
water quality standards promulgated under the authority of the Clean 
Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251 
et seq.). The Director has determined that this amendment contains no 
such provisions and that EPA concurrence is therefore unnecessary.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
Plan amendment and statutory change as submitted by Maryland on August 
19, 1993, August 13, 1994, and September 1, 1994.
    The Federal regulations at 30 CFR Part 920, codifying decisions 
concerning the Maryland plan, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State plan amendment process and to encourage States to 
bring their plans into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) under Executive Order 12866 (Regulatory 
Planning and Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR 
Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior (516 DM 6, appendix 8, 
paragraph 8.4B(29)).

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 submittal which is the subject of this rule is based upon 
corresponding 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. In making the 
determination as to whether this rule would have a significant economic 
impact, the Department relied upon the data and assumptions in the 
analyses for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 5, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal 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 920.25 is amended by redesignating the existing text as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec. 920.25  Approval of Maryland abandoned mine land reclamation plan 
(AMLR) amendments.

* * * * *
    (b) The Maryland AMLR amendment submitted August 19, 1993, and 
revised on August 3, 1994, and September 1, 1994, is approved effective 
December 9, 1994.

[FR Doc. 94-30346 Filed 12-8-94; 8:45 am]
BILLING CODE 4310-05-M