[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16730-16731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8894]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-041-FOR]


Maryland Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Maryland regulatory program (hereinafter the 
``Maryland program'' under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). The proposed amendment consists of changes to 
provisions of the Maryland regulations pertaining to bonding. The 
amendment is intended to revise the Maryland program to be consistent 
with the corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m. E.S.T. April 21, 
1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Program Manager, at the 
address listed below.
    Copies of the Maryland program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contracting OSM's Appalachian Regional 
Coordinating Center.

George Rieger, Program Manager, OSM, Appalachian Regional Coordinating 
Center, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937-
2153
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532, Telephone: (301) 689-4136

FOR FURTHER INFORMATION CONTACT: George Rieger, Program Manager, 
Appalachian Regional Coordinating Center, at (412) 937-2153.

SUPPLEMENTARY INFORMATION:

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

II. Description of the Proposed Amendment

    By letter dated March 6, 1997 (Administrative Record No. MD-
552.18), Maryland submitted a proposed amendment to its program 
pursuant to SMCRA in response to required amendments at 30 CFR 920.16 
(h), (i), (j), and (n). Maryland is revising the Code of Maryland 
Regulations (COMAR) at section 26.20.14.01B--Performance Bonds and is 
formally submitting an actuarial study which reviews the adequacy of 
its alternative bonding system. Specifically, Maryland proposes to 
require that a performance bond be conditioned upon the permittee 
faithfully performing every requirement of Subtitle 5 of the Annotated 
Code of Maryland, the Regulatory Program, the permit, and the 
reclamation plan. The proposed amendment was announced in the March 25, 
1997, Federal Register (62 FR 14079). The notice did not clarify that 
Maryland's alternative bonding system was originally submitted with the 
understanding that it would cover acid mine drainage. Maryland has 
since adopted a policy that will limit the liability of the alternative 
bonding system by increasing the permittee's individual bond amount 
where unanticipated acid mine drainage develops on a site.
    Further, Maryland has now submitted proposed changes to its program 
found at the Code of Maryland Regulations (COMAR) 26.20.14.05.03 and 
26.20.14.05.04. In 1991, OSM approved changes to former COMAR 08.13.09. 
15C and 08.13.09.15D (56 FR 63649, December 5, 1991). (Since 1991, 
Maryland has restructured its regulations and former COMAR 08.13.09.15C 
is now COMAR 26.20.14.05.03 and former COMAR 08.13.09.15D is now COMAR 
26.20.14.05.04). However, Maryland subsequently chose not to promulgate 
these approved changes. Instead, it now proposes to readopt the 
language now found at COMAR 26.20.14.05.03 and COMAR 26.20.14.05.04. 
Section .03 provides that the amount of performance bond be based upon 
the estimated cost to perform the reclamation required to achieve 
compliance with the regulatory program and the requirements of the 
permit in the event of a forfeiture. In addition, the proposed rule 
establishes a separate bond for revegetation in the amount of $600 per 
acre of affected land and a general bond in the amount of $1500 per 
acre for the approved open acre limit.
    COMAR 26.20.14.05.04 requires that the amount of the performance 
bond be adjusted as acreage in the permit are revised, methods of 
mining operation change, standards of reclamation change, or when the 
cost of reclamation or restoration work changes.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed

[[Page 16731]]

adequate, it will become part of the Maryland program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Appalachian Regional 
Coordinating Center will not necessarily be considered in the final 
rulemaking or included in the Administrative Record.

IV. 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 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 
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. 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 counterpart Federal regulations.

Unfunded mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 26, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-8894 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M