[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Rules and Regulations]
[Pages 50827-50829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25006]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-050-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 (Maryland program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the 
Maryland statutes to require the use of financial disclosure forms by 
the Land Reclamation Committee. The amendment satisfies a required 
program amendment at 30 CFR 920.16(l). The amendment is intended to 
revise the Maryland program to be no less effective than the 
corresponding Federal regulations.

EFFECTIVE DATE: October 5, 2001.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Manager, Oversight and Inspection Office, Appalachian 
Regional Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 3 Parkway Center, Pittsburgh PA 15220, Telephone: (412) 
937-2153, E-mail: [email protected]

Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532, Telephone: (301) 689-4136

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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``* * * a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *'' and 
``rules and regulations consistent with regulations issued by the 
Secretary'' pursuant to the Act. See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Maryland program on February 18, 1982. 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 920.15 and 920.16.

II. Submission of the Amendment

    By an undated letter received by OSM on May 7, 2001 (Administrative 
Record No. 578-12), Maryland submitted a copy of House Bill 984 as a 
formal proposed amendment to its program. The House Bill was enacted to 
require members of the Land Reclamation Committee to file a United 
States Department of Interior State Employee Statement of Employment 
and Financial Interests. Maryland submitted the formal amendment to 
satisfy a required amendment at 30 CFR 920.16(l). We announced the 
proposed amendment in the June 12, 2001, Federal Register (66 FR 
31571), 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 July 12, 2001. 
We did not receive any public comments. 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 permanent regulatory program.
    Maryland is adding new paragraph 4. to Section 15-204 of the 
Annotated Code of the Public General Laws of Maryland, Environment, as 
follows:
    (4) Members of the Land Reclamation Committee shall file a United 
States Department of Interior State Employee Statement of Employment 
and Financial Interests.
    As a result of this addition, existing paragraph (4) is re-numbered 
as paragraph (5).
    We find that the revision is no less effective than the Federal 
regulations at 30 CFR 705.11(a) and 705.17(a).

IV. Summary and Disposition of Comments

Federal Agency Comments

    On May 10, 2001, we asked for comments from various Federal 
agencies who may have an interest in the Maryland amendment 
(Administrative Record Number MD-578-13). We solicited comments in 
accordance with section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i) of 
the Federal regulations. No responses 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

[[Page 50828]]

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.). The Director has determined that this amendment contains no 
such provisions and that EPA concurrence is therefore unnecessary. 
Therefore OSM did not request EPA's concurrence.

Public Comments

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

V. Directors Decision

    Based on the findings above we are approving the amendments to the 
Maryland program. We are also removing the required amendment at 30 CFR 
920.16(l). We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this regulation effective immediately will expedite 
that process. Maryland's program regarding this action is now 
consistent with the intent of the Federal regulations. 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 (OMB) 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.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

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 regulations.

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: August 7, 2001.
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

[[Page 50829]]

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.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
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*                  *                  *                  *
                  *                  *                  *
May 7, 2001...................  October 5, 2001..  Section 15-204 (4)(5)
                                                    of the Annotated
                                                    Code of the Public
                                                    General Laws of
                                                    Maryland,
                                                    Environment.
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    3. Sec. 920.16 is amended by removing and reserving paragraph (l).

[FR Doc. 01-25006 Filed 10-4-01; 8:45 am]
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