[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Proposed Rules]
[Pages 49524-49527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20549]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-047-FOR]


Maryland Abandoned Mine Land Reclamation Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Maryland abandoned mine land reclamation program (Maryland program) 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of a modification to the definition of 
the term ``Government-Financed Construction'' at Code of Maryland 
Regulation (COMAR) 26.20.12.02 and the addition of new section .04 to 
COMAR 26.20.12. The amendment is intended to revise the Maryland 
program to be consistent with the corresponding federal regulations.

DATES: If you submit written comments, they must be received by 4 p.m. 
(local time), September 13, 2000. If requested,

[[Page 49525]]

a public hearing on the proposed amendment will be held on September 8, 
2000. Requests to speak at the hearing must be received by 4 p.m. 
(local time), on August 29, 2000.

ADDRESSES: Mail or hand-deliver your written comments and requests to 
speak at the hearing to the Pittsburgh Oversight and Inspection Office, 
at the address listed below.
    You may review 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 at the addresses listed 
below during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the proposed amendment by 
contacting OSM's Pittsburgh Oversight and Inspection Office.
    George Rieger, Manager, Pittsburgh Oversight and Inspection Office, 
OSM, Appalachian Regional Coordinating Center, 3 Parkway Center, 
Pittsburgh, Pennsylvania, 15220.
    Maryland Bureau of Mines, 160 South Water Street, Frostburg, 
Maryland, 21532, Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Pittsburgh 
Oversight and Inspection Office, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

    On February 18, 1982, the Secretary of the Interior 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 February 18, 1982, 
Federal Register (47 FR 7214). You can find subsequent actions 
concerning the conditions of approval and program amendments at 30 CFR 
920.12, 920.15, and 920.16.

II. Description of the Proposed Amendment

    By letter dated July 10, 2000, (Administrative Record No. MD-582-
00), Maryland submitted a proposed amendment to its program at COMAR 
26.20.12. Maryland is proposing these changes to make its program as 
effective as the federal regulations at 30 CFR 707.5, 707.10, 874.10, 
and 874.17. These sections of the federal regulations describe 
procedures for financing abandoned mine land reclamation projects that 
involve the incidental extraction of coal. Maryland is proposing to 
change the definition of Government-Financed Construction at COMAR 
26.20.12.02 B (1)(a) by adding the phrase, ``Funding at less than 50 
percent may qualify if the construction is undertaken as an approved 
reclamation project under Environment Article, Title 15, Subtitle 11 
Annotated Code of Maryland and 30 CFR Subchapter R.''
    Maryland is also proposing to change COMAR 26.20.12.by adding 
section .04 titled, ``Government Funded Reclamation Projects.'' 
Subsection A of section .04 describes items to be taken into 
consideration when the Bureau contemplates completing an abandoned mine 
land reclamation project as government financed construction when the 
level of funding will be less than 50 percent of the total cost because 
of planned coal extraction. These considerations include:
    (1) The likelihood of nearby or adjacent mining activities creating 
new environmental problems or adversely affecting existing 
environmental problems at the site,
    (2) The likelihood of reclamation activities at the site adversely 
affecting nearby or adjacent mining activities, and,
    (3) The likelihood of the coal being mined under a permit issued in 
accordance with Environment Article, Title 15, Subtitle 5, Annotated 
Code of Maryland.
    Subsection B of COMAR 26.20.12.04 describes the information to be 
taken into account when determining the likelihood of the coal being 
mined under a permit issued in accordance with Environment Article, 
Title 15, Subtitle 5, Annotated Code of Maryland. The Bureau is to take 
into account available information such as:
    (1) Coal reserves from existing mine maps or other sources,
    (2) Existing environmental conditions,
    (3) All prior mining activity on or adjacent to the site,
    (4) Current and historic coal production in the area, and
    (5) Any known or anticipated interest in the mining site.
    Subsection C of COMAR 26.20.12.04 describes the steps the Bureau 
must take to proceed with the reclamation project after making the 
determination under Subsection A. The Bureau shall:
    (1) Determine the limits on any coal refuse, coal waste, or other 
coal products which may be extracted under this regulation, and
    (2) Delineate the boundaries of the abandoned mine land reclamation 
project.
    Subsection D of COMAR 26.20.12.04 requires the Bureau to include 
documentation in the abandoned mine land project file for the:
    (1) Determinations made under Subsections A and C of this 
regulation,
    (2) Information taken into account in making the determinations, 
and
    (3) Names of the persons making the determinations.
    Subsection E of COMAR 26.20.12.04 provides that for each abandoned 
mine land reclamation project to be approved under this regulation, the 
Bureau shall:
    (1) Characterize the site in terms of mine drainage, active slides, 
and slide prone areas, erosion and sedimentation, vegetation, toxic 
materials, and hydrologic balance,
    (2) Ensure that the reclamation project is conducted in accordance 
with the provisions of Environment Article, Title 15, Subtitle 11, 
Annotate Code of Maryland and 30 CFR Subchapter R,
    (3) Develop specific site reclamation requirements including 
performance bonds, when appropriate, in accordance with State 
procedures, and
    (4) Require the contractor conducting the reclamation to provide, 
prior to the time the reclamation project begins, applicable documents 
that clearly authorize the extraction of coal and payments of 
royalties.
    Subsection F of COMAR 26.20.12.04 provides that the Bureau shall 
require a reclamation contractor who extracts coal beyond the limits of 
the incidental coal specified in Sec. C of this regulation to obtain a 
permit for the coal in accordance with Environment Article, Title 15, 
Subtitle 5, Annotated Code of Maryland.

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 adequate, it will become part of the Maryland program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. MD-047-
FOR'' and your name and return address in your Internet message. If you 
do not receive

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a confirmation that we have received your Internet message, contact the 
Pittsburgh Oversight and Inspection Office at (412) 937-2153.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at the OSM Administrative Record 
Room (see ADDRESSES). Individual respondents may request that we 
withhold their home address from the rulemaking record, which we will 
honor to the extent allowable by law. There also may be circumstances 
in which we would withhold from the rulemaking record a respondent's 
identity, as allowable by law. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. However, we will not consider anonymous comments. We will 
make all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety.
    Public Hearing: If you wish to speak at the public hearing, you 
should contact the person listed under FOR FURTHER INFORMATION CONTACT 
by 4 p.m. (local time), on August 29, 2000. The location and time of 
the hearing will be arranged with those persons requesting the hearing. 
If no one requests an opportunity to speak at the public hearing, the 
hearing will not be held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who testifies at a public 
hearing provide us with a written copy of his or her testimony. The 
public hearing will continue on the specified date until all persons 
scheduled to speak have been heard. If you are in the audience and have 
not been scheduled to speak and wish to do so, you will be allowed to 
speak after those who have been scheduled. We will end the hearing 
after all persons scheduled to speak and persons present in the 
audience who wish to speak have been heard.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.
    Public Meeting: If only one person requests an opportunity to speak 
at a hearing, a public meeting, rather than a public hearing, may be 
held. If you wish to meet with OSM representatives to discuss the 
proposed amendment, you may request a meeting by contacting the person 
listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be 
open to the public and, if possible, notices of meetings will be posted 
at the locations listed under ADDRESSES. A written summary of each 
meeting will be made a part of the Administrative Record.

Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal regulation.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the federal and state governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that state 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed state regulatory program provision does not 
constitute a major federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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 regulation.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the state submittal 
which is the subject of this rule is based upon counterpart federal 
regulations for which an analysis was prepared and a determination made 
that the federal

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regulation was not considered a major rule.

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: August 4, 2000.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 00-20549 Filed 8-11-00; 8:45 am]
BILLING CODE 4310-05-P