[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Rules and Regulations]
[Pages 66929-66932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28618]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-047-FOR]


Maryland Regulatory Program

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

ACTION: Final rule.

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SUMMARY: OSM is approving an amendment to the Maryland regulatory 
program under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Maryland proposed the amendment to make its program no less 
effective than the federal regulations regarding procedures for 
financing abandoned mine land reclamation projects that involve the 
incidental extraction of coal. The amendment is intended to revise the 
Maryland program to be consistent with the corresponding Federal 
regulations and SMCRA.

EFFECTIVE DATE: November 8, 2000.

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 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 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 conditions of approval and program amendments at 30 CFR 
920.12, 920.15, and 920.16.

II. Submission of the Amendment

    By letter dated July 10, 2000 (Administrative Record No. MD-582-
00), Maryland submitted the proposed amendment to its regulatory 
program pursuant to the federal regulations at 30 CFR 732.17(b). 
Maryland proposed the amendment to make its program no less effective 
than 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 proposed to change the 
definition of the term, ``Government-Financed Construction'' at Code of 
Maryland Regulation (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 also added new section .04 to COMAR 26.20.12. This section 
is titled, ``Government Funded Reclamation Projects.'' The proposed 
rulemaking was published in the August 14, 2000, Federal Register (65 
FR 49524). The public comment period closed on September 13, 2000. No 
one requested an opportunity to speak at a public hearing, so no 
hearing was held.

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 
amendments to the Maryland regulatory program.
    The first change Maryland is making to its program is the 
modification of the definition of the term, ``Government-Financed 
Construction'' at COMAR 26.20.12.02 B(1)(a). Maryland added the

[[Page 66930]]

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.'' to the end of the definition. This phrase is 
substantially the same as a phrase from the term, ``Government-financed 
construction'' from the federal regulations at 30 CFR 707.5. The 
Director is approving the change because it makes Maryland's definition 
of government-financed construction no less effective than the federal 
regulations with regard to abandoned mine land reclamation projects 
that are funded at less than 50% of funds appropriated from a 
government financing agency's budget or obtained from general revenue 
bonds.
    The second change Maryland is making to its program is the addition 
of section .04 to COMAR 26.20.12. This section is titled, ``Government 
Funded Reclamation Projects.''
    Subsection A provides that when the Bureau is considering an 
abandoned mine land reclamation project as government-financed 
construction and the level of funding will be less than 50 percent of 
the total cost because of planned coal extraction, the Bureau shall 
determine the likelihood:
    (1) That nearby or adjacent mining activities may create new 
environmental problems or adversely affect existing environmental 
problems at the site.
    The Director finds that this paragraph is substantively the same as 
the federal regulation at 30 CFR 874.17(a)(2). This paragraph is 
approved.
    (2) That reclamation activities at the site may adversely affect 
nearby or adjacent mining activities.
    The Director finds that this paragraph is substantively the same as 
the federal regulation at 30 CFR 874.17(a)(3). This paragraph is 
approved.
    (3) Of the coal being mined under a permit issued in accordance 
with Environment Article, Title 15, Subtitle 5, Annotated Code of 
Maryland.
    The Director finds that this paragraph is substantively the same as 
the federal regulation at 30 CFR 874.17(a)(1). This paragraph is 
approved.
    Subsection B provides that the determination under paragraph A(3) 
of this regulation shall 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.
    The Director finds that these paragraphs are substantively the same 
as the federal regulations at 30 CFR 874.17(a)(1) (i)-(v). These 
paragraphs are approved.
    Subsection C provides that if the Bureau decides to proceed with 
the reclamation project after making the determinations under section A 
of these regulations, 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.
    The Director finds that these paragraphs are substantively the same 
as 30 CFR 874.17(b)(1) and (b)(2). These paragraphs are approved.
    Subsection D provides that the Bureau shall include documentation 
in the abandoned mine land project file for the:
    (1) Determinations made under sections A and C of this regulation;
    (2) Information taken into account in making the determinations; 
and
    (3) Names of the persons making the determinations.
    The Director finds that these paragraphs are substantively the same 
as the federal regulations at 30 CFR 874.17(c)(1)-(3). These paragraphs 
are approved.
    Subsection E 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 the 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, 
Annotated 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 payment of royalties.
    The Director finds that these paragraphs are substantively the same 
as the federal regulations at 30 CFR 874.17(d)(1)-(4). These paragraphs 
are approved.
    Subsection F provides that the Bureau shall require a reclamation 
contractor who extracts coal beyond the limits of the incidental coal 
specified in Sec. C(2) of this regulation to obtain a permit for the 
coal in accordance with Environment Article, Title 15, Subtitle 5, 
Annotated Code of Maryland. The Director finds that this subsection is 
substantively the same as the federal regulation at 30 CFR 874.17(e). 
This subsection is approved.

IV. Summary and Disposition of Comments

Federal Agency Comments

    On July 20, 2000, we asked for comments from various federal 
agencies who may have an interest in the Maryland amendment 
(Administrative Record Number MD-582-01). On August 2, 2000, 
(Administrative Record Number MD-582-02), we sent a corrected amendment 
to the same federal agencies and again asked for their comments. 
Maryland corrected the original amendment submission by adding the 
phrase, ``and 30 CFR Subchapter R'' to the end of paragraph E.(2).
    We solicited comments in accordance with section 503(b) of SMCRA 
and 30 CFR 732.17(h)(11)(i) of the Federal regulations. Comments were 
solicited from the U.S. Department of Agriculture, United States Fish 
and Wildlife Service's Chesapeake Bay Field Office, Corps of Engineers, 
U.S. Department of Labor, and Advisory Council on Historic 
Preservation. No comments were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(i), OSM is required to solicit 
comments from the EPA, and, pursuant to 30 CFR 732.17(h)(11)(ii), 
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.). By letter dated July 20, 2000, we requested comments and 
concurrence from EPA (Administrative Record Number MD 582-01) on the 
state's proposed amendment of July 10, 2000 (Administrative Record 
Number MD 582-00). EPA replied to our letter on August 3, 2000 
(Administrative Record Number MD 582-03) and indicated that the 
proposed amendment complies with the Clean Water Act.

Public Comments

    No comments were received in response to our request for public 
comments.

[[Page 66931]]

V. Director's Decision

    Based on the findings above we are approving the amendments to the 
Maryland program. 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--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 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: October 10, 2000.
Allen D. Klein,
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. 920.25  Approval of Maryland regulatory program amendments.

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[[Page 66932]]



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   Original amendment  submission date     Date of final publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
 *                  *                  *                  *                  *                  *
                                                         *
July 10, 2000...........................  November 8, 2000...........  COMAR 26.20.12.02 B(1)(a) revision to the
                                                                        definition of ``government-financed
                                                                        contruction.'' COMAR 26.20.12.04,
                                                                        Addition of subsection 04, ``Government
                                                                        Funded Reclamation Projects.''
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[FR Doc. 00-28618 Filed 11-7-00; 8:45 am]
BILLING CODE 4310-05-P