[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36784-36786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17296]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-043-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 (``Maryland program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). Maryland proposed 
revisions to its statutes pertaining to the Land Reclamation Committee 
to satisfy a required program amendment at 30 CFR 920.16(l). The 
amendment is intended to revise the Maryland program to be consistent 
with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: July 8, 1999.

FOR FURTHER INFORMATION CONTACT: George Rieger, Program Manager, OSM, 
Appalachian Regional Coordinating Center, 3 Parkway Center, Pittsburgh, 
PA 15220. Telephone: (412) 937-2153. E-Mail: [email protected].

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. You can find background information on 
the Maryland program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the December 
1, 1980, Federal Register (45 FR 79449). You can find later actions on 
conditions of approval and program amendments at 30 CFR 920.12, 920.15, 
and 920.16.

II. Submission of the Proposed Amendment

    By letter dated August 22, 1997 (Administrative Record No. MD-
578.00), Maryland submitted a proposed amendment to its program 
pursuant to SMCRA in response to a required amendment at 30 CFR 
920.16(l). Maryland is revising the 1997 Laws of Maryland, Chapter 223 
(House Bill 245), at section 15-204(a)(4) to require that Land 
Reclamation Committee (LRC) members recuse themselves from proceedings 
that may affect their direct or indirect financial interests.
    We announced receipt of the proposed amendment in the September 19, 
1997, Federal Register (62 FR 49183), 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 20, 1997.
    During our review of the amendment, we identified concerns with 
Maryland's submission. In a letter dated January 29, 1998 
(Administrative Record No. MD-578-06), we informed Maryland that it 
must amend its program to require that LRC members file a statement of 
employment and financial interests. Since Maryland did not take further 
action, it was not necessary to reopen the comment period.

III. Director's Findings

    Following, according to SMCRA and the Federal regulations at 30 CFR 
732.15 and 732.17, are our findings concerning the proposed amendment. 
Any revisions we do not specifically discuss below concern 
nonsubstantive wording changes and paragraph notations to reflect 
organizational changes resulting from this amendment.
    30 CFR 920.16(l) required Maryland to amend its program to require 
members of the LRC to: (1) recuse themselves from proceedings that 
affect their direct financial interest and (2) file a statement of 
employment and financial interest. In response, Maryland proposed to 
revise Chapter 223, 1997 Laws of Maryland, at section 15-204(a)(4) to 
require that LRC members recuse themselves from proceedings that may 
affect their direct or indirect financial interests. We find that the 
proposed revision is no less effective than the Federal regulation at 
30 CFR 705.4(d) and satisfies the first part of the required amendment 
at 30 CFR 920.16(l).
    In its submittal letter, Maryland stated that it is presently 
requiring that LRC members file a Federal OSM employment and financial 
interest statement. Maryland did not, however, provide supporting 
documentation. We find that Maryland's program is less effective than 
the Federal regulations at 30 CFR 705.11(a) and 705.17(a).

[[Page 36785]]

IV. Summary and Disposition of Comments

Public Comments

    We solicited public comments and provided an opportunity for a 
public hearing on the proposed amendment. No comments were received and 
because no one requested an opportunity to speak at a public hearing, 
no hearing was held.

Federal Agency Comments

    According to 30 CFR 732.17(h)(11)(I), we solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Maryland program. The U.S. Department of 
Labor, Mine Safety and Health Administration and the U.S. Department of 
the Army, Army Corps of Engineers, concurred without comment.

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.). 
None of the revisions that Maryland proposed to make in this amendment 
pertains to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    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.

V. Director's Decision

    Based on the above findings, we approve Maryland's proposed 
amendment as submitted on August 22, 1997. As discussed above, 
Maryland's proposed revision satisfies the first part of the required 
amendment at 30 CFR 920.16(l). However, the second part of the 
amendment has not been satisfied. Therefore, Maryland continues to be 
required to amend its program to require each member of the Land 
Reclamation Committee to file a statement of employment and financial 
interest to be no less effective than 30 CFR 705.11(d). We are removing 
the required amendment at 30 CFR 920.16(l) to the extent that Maryland 
has amended its program to require that LRC members recuse themselves 
from proceedings affecting their financial interests.
    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 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 
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.

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 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 23, 1999.
Ronald C. Recker,
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:

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 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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[[Page 36786]]



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   Original amendment submission date      Date of final publication              Citation/description
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*                  *                  *                  *                  *                  *
                                                        *
August 22, 1997.........................  July 8, 1999...............  Chapter 223, 1997 Laws of Maryland,
                                                                        Section 15-204(a)(4).
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    3. Section 920.16 is amended by revising paragraph (l) to read as 
follows:


Sec. 920.16  Required program amendments.

* * * * *
    (l) By July 10, 2000, Maryland must amend its program to be no less 
effective than 30 CFR 705.11(a) and 705.17(a) by requiring each member 
of the Land Reclamation Committee to file a statement of employment and 
financial interest.

[FR Doc. 99-17296 Filed 7-7-99; 8:45 am]
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