[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]
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