[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Rules and Regulations]
[Pages 12027-12030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7059]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-039-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: OSM is approving a proposed amendment to the Maryland 
regulatory program (hereinafter referred to as the ``Maryland 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Maryland proposed revisions and additions to rules and 
statutes pertaining to remined areas. The amendment is intended to 
revise the Maryland program to be consistent with the corresponding 
Federal regulations and SMCRA.

EFFECTIVE DATE: March 25, 1996.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Program Manager, OSM, Appalachian Regional Coordinating 
Center, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-
2849.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program
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 Program

    On December 1, 1980, the Secretary of the Interior conditionally 
approved the Maryland program. Background information on the Maryland 
program, including the Secretary's findings, the

[[Page 12028]]
disposition of comments, and the conditions of approval can be found in 
the December 1, 1980, Federal Register (45 FR 79449). Subsequent 
actions concerning conditions of approval and program amendments can be 
found at 30 CFR 920.12, 920.15, and 920.16.

II. Submission of the Proposed Amendment

    By letter dated October 26, 1995 (Administrative Record No. MD-
573.00), Maryland submitted a proposed amendment to its program 
pursuant to SMCRA at its own initiative. Maryland proposed to revise 
the remining provisions of the Annotated Code of Maryland (Code) at 
sections 7-501, 7-505, and 7-511 and add to the Code of Maryland 
Regulations (COMAR) at section 08.20.14.14. In response to two 
communications by OSM, by letters dated January 31, 1996 and February 
16, 1996 (Administrative Record No. MD-573.05), Maryland clarified 
certain provisions of the proposed amendment. Because the information 
was explanatory in nature and did not constitute a major revision of 
the original submission, OSM did not reopen the comment period.
    OSM announced receipt of the proposed amendment in the November 27, 
1995, Federal Register (60 FR 58319), 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 December 27, 1995.

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 
proposed amendment. Revisions not specifically discussed below concern 
nonsubstantive wording changes and paragraph notations to reflect 
organizational changes resulting from this amendment.

Annotated Code of Maryland--Chapter 0469--Lands Eligible for Remining

    At sections 7-501(m) and (w), Maryland proposes to delete the terms 
``net project construction cost'' and ``project construction cost.'' 
There are no Federal counterparts to these terms, nor are they used in 
the Maryland Code for anything related to the Maryland program. 
Therefore, the Director finds that the proposed deletions at sections 
(m) and (w) do not render the Maryland program less effective than the 
Federal regulations. At section 7-501(m), Maryland proposes to add the 
term ``lands eligible for remining'' and define it as any land that 
would otherwise be eligible for expenditures under subtitle 9. Subtitle 
9 of the Maryland statute is the State's counterpart to Title IV of 
SMCRA. The Director finds that the proposed definition at section (m) 
is substantively identical to and therefore no less stringent than the 
Federal definition at section 701(34) of SMCRA.
    At section 7-505(i)(2), Maryland proposes to prohibit the issuance 
of a permit on slopes of 20 degrees or more from the horizontal. 
Certain measurement requirements are specified. A permit may be issued 
for lands eligible for remining when, in the opinion of the Land 
Reclamation Committee, the land could be restored to its original 
contour. OSM conducted a technical review of the proposed revision on 
February 8, 1996 (Administrative Record No. MD-573.06), and concluded 
that Maryland's proposal is feasible and technically acceptable. 
Maryland has stated in its January 31, 1996, letter that it will allow 
this mining when the remining will result in the reclamation that is in 
compliance with present requirements. Since the area must be reclaimed 
in accordance with the Maryland regulatory program, the Director finds 
that the proposed revision is not inconsistent with the requirements of 
SMCRA and the Federal regulations.
    At section 7-511(b)(2), Maryland proposes to revise subsection (I) 
to reference the requirements of subsections (II) and (III) and to add 
new subsections (II) and (III). Subsection (II) requires that on land 
eligible for remining, the period of operator responsibility is 2 full 
years after the approval of the backfilling and planting report. The 
authority expiration dates are specified as September 30, 2004 or on 
any later date authorized under SMCRA. Section 515(b)(2)(B) of SMCRA 
requires that on lands eligible for remining, the operator must assume 
responsibility for successful revegetation for a period of 2 full years 
after the last year of augmented seeding, fertilizing, irrigation or 
other work to comply with applicable standards. Maryland's backfilling 
and planting report is filed after the backfilling, regarding and 
seeding is completed. Pursuant to COMAR 08.20.29.06, bond release may 
occur no sooner than two years after the last augmented seeding. 
Therefore, the Director finds that the proposed revisions at 
subsections (I) and (II) are no less stringent than the revegetation 
provisions of section 515(b)(2)(B) of SMCRA and the termination of 
authority provisions of section 510(e). Subsection (III) requires that 
for any reported area other than land eligible for remining, the period 
of operator responsibility is 5 full years after the approval of the 
report. The Director finds that the proposed revisions at subsection 
III are no less stringent than the provisions of section 515(b)(20)(A) 
of SMCRA.

COMAR 08.20.14.14--Release of Bonds on Remining Areas

    Maryland proposes to add new section 08.20.14.14. At section (A), 
Maryland requires that the criteria and procedures of this chapter 
apply to the release of bonds for remining areas, except as modified. 
At section (B), Maryland specifies that the portion of the bond 
submitted in accordance with section .03C may be released upon 
completion of all Reclamation Phase I work on the remining areas. Phase 
I work, as defined in COMAR 08.20.14.08, is achieved when the permittee 
completes the following conditions: backfilling, regarding, topsoil 
replacement, seeding, mulching, and draining control in accordance with 
the reclamation plan. These conditions include the requirements of 30 
CFR 800.40(c)(1), which is the Federal regulatory subsection on Phases 
I bond release. Since section (B) requires the completion of Phases I 
work before bond release, section (B) is consistent with 30 CFR 
800.40(c)(1). At section (C), Maryland specifies that the portion of 
the bond submitted in accordance with section .03D may be released if 
the permittee demonstrates and Maryland finds that (1) the permittee 
has met certain revegetation standards and the requirements of the 
Maryland regulatory program, (2) with respect to prime farmlands, soil 
productivity has been returned to the required level of yield, (3) the 
Maryland Department of the Environment has released the permittee from 
NPDES Coal Remining Permit obligations in accordance with COMAR 
26.08.03F, (4) all temporary draining control structures not authorized 
to remain on the remining area have been removed and the affected area 
has been regarded, seeded, and mulched, (5) all permanent drainage 
control structures have been inspected and any deficiencies repaired by 
the operator, (6) the provisions of an approved plan for the sound 
future management of any permanent impoundment for the permittee or 
landowner have been satisfactorily implemented, and (7) the applicable 
liability period for remining areas has been met. Section 08.20.14.14 
continues to include criteria and procedures of Chapter 08.20.14 unless 
modified by COMAR 08.20.14.14. In response to a question, Maryland 
clarified that COMAR section

[[Page 12029]]
08.20.14.08 (E) (2) and (3), applies to these areas. COMAR 08.20.14.08 
(E) (2) and (3) require the completion of Phase II and Phase III work 
before bond release. This is consistent with 7-511(b)(5) of the 
Maryland Code which requires that no bond shall be fully released until 
all the reclamation requirements are fully met.
    Phase II work, as defined in COMAR 08.20.14.08, is achieved when 
the permittee completes the following conditions: revegetation is 
established in accordance with the approved plan, lands are not 
contributing suspended solids in excess of program requirements, soil 
productivity is returned to required level of yield with respect to 
prime farmlands, permanent impoundment management provisions are 
implemented, and designated temporary drainage control structures are 
removed and permanent structures inspected. Phase III work, as defined 
in COMAR 08.20.14.08, is achieved when the permittee completes mining 
and reclamation operations in accordance with the approved plan and 
achieves compliance with the requirements of the regulatory program, 
the permit, and the liability period has expired. These conditions 
include the requirements of 30 CFR 800.40(c) (2) and (3), which are the 
Federal regulatory subsections on Phase II and III bond release. Since 
section (c), read in conjunction with COMAR 08.20.14.08, requires the 
completion of Phase II and III work before bond release, the Director 
finds that section (C) is consistent with 30 CFR 800.40(c) (2) and (3). 
At section (D), Maryland requires that it will retain sufficient bond 
on any area disturbed to remove temporary drainage control structures 
until certain requirements at C(1), C(5), and C(6) have been met. In 
its letter dated January 31, 1996, Maryland stated that a typographical 
error was made in the original submission and that the correct 
references should be C(1), C(2), and C(7). There is no direct Federal 
counterpart to Section D. Section D is an additional prerequisite to 7-
511(b)(5) of the Maryland Code which requires that no bond shall be 
fully released until all the reclamation requirements are fully met. 
Therefore, the Director finds section D is not inconsistent with the 
requirements of SMCRA and the Federal regulations.

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. By letter dated 
November 22, 1995, the Maryland Historical Trust concurred without 
objection or comment. Because no one requested an opportunity to speak 
at a public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Maryland program. None 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 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.).
    On November 1, 1995, OSM solicited EPA's concurrence with the 
proposed amendment (Administrative Record No. MD-573.01). On December 
5, 1995, EPA gave its written concurrence (Administrative Record No. 
MD-573.04).
    The Federal regulations at 30 CFR Part 920, codifying decisions 
concerning the Maryland program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs 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 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 this 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.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
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 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 
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 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 corresponding Federal regulations.

List of Subjects in 30 CFR 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 13, 1996.
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 Regulations is amended as set forth 
below:

[[Page 12030]]


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 by adding paragraph (cc) to read as 
follows:


Sec. 920.15  Approval of regulatory program amendments.

* * * * *
    (cc) The following rules and statutes, as submitted to OSM on 
October 26, 1995, and supplemented with explanatory information on 
January 31, 1996 and February 16, 1996 are approved effective March 25, 
1996:

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            Rule or statute No.                         Topic           
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Annotated Code of Maryland:                                             
  Section 7-501(m), (w)...................  Definitions.                
  Section 7-505(i)(2).....................  Permitting.                 
  Section 7-511(b)(2) (I), (II), (III)....  Revegation.                 
  COMAR 08.20.14.14.......................  Release of Bonds on Remining
                                             Areas.                     
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[FR Doc. 96-7059 Filed 3-22-96; 8:45 am]
BILLING CODE 4310-05-M