[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10433-10436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4147]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-055-FOR]


Maryland Regulatory Program

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

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

-----------------------------------------------------------------------

SUMMARY: We are announcing receipt of a proposed amendment to the 
Maryland regulatory program (the Maryland program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
program amendment consists of changes to the Maryland Annotated Code 
(MAC) to increase the end of month balance cap of the Bond Supplement 
Reserve (Reserve) within the Bituminous Coal Open-Pit Mining 
Reclamation Fund. Maryland submitted these proposed amendments on its 
own initiative to improve the ability of the Maryland Department of the 
Environment to

[[Page 10434]]

finance reclamation projects by increasing the amounts available in the 
Reserve.

DATES: We will accept written comments on this amendment until 4 p.m. 
(local time), on April 9, 2007. If requested, we will hold a public 
hearing on the amendment on April 2, 2007. We will accept requests to 
speak at a hearing until 4 p.m. (local time), on March 23, 2007.

ADDRESSES: You may submit comments, identified by ``MD-055-FOR,'' by 
any of the following methods:
     E-mail: [email protected]. Include ``MD-055-FOR'' in the 
subject line of the message;
     Mail/Hand Delivery: Mr. George Rieger, Chief, Pittsburgh 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
415 Market Street, Room 304, Harrisburg, PA 17101; Telephone: (717) 
782-4849 ext. 11;
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
docket number ``MD-055-FOR'' for this rulemaking. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see the ``Public Comment Procedures'' Section in 
this document. You may also request to speak at a public hearing by any 
of the methods listed above or by contacting the individual listed 
under FOR FURTHER INFORMATION CONTACT.
    Docket: You may review copies of the Maryland program, this 
submission, 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 also receive one free copy of the submission by 
contacting OSM's Pittsburgh Field Division Office.
    Mr. George Rieger, Chief, Pittsburgh Field Division, Office of 
Surface Mining Reclamation and Enforcement, 415 Market Street, Room 
304, Harrisburg, PA 17101, Telephone: (717) 782-4849 ext. 11. E-mail: 
[email protected].
    Mr. C. Edmon Larrimore, Program Manager, Mining Program, Maryland 
Department of the Environment,1800 Washington Boulevard, Baltimore, 
Maryland 21230, Telephone: (410) 537-3557 or 1-800-633-6101.

FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Telephone: (717) 
782-4849 ext. 11. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 December 1, 1980. You 
can find background information on the Maryland program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the December 1, 1980, Federal Register (45 FR 79431). You 
can also find later actions concerning Maryland's program and program 
amendments at 30 CFR 920.12, 920.15, and 920.16.

II. Description of the Proposed Amendment

    By an undated letter received on January 29, 2007 (Administrative 
Record Number MD-587-00), Maryland sent us an amendment to revise its 
program under SMCRA (30 U.S.C. 1201 et seq.). The amendment revises MAC 
provisions to increase the end of month balance cap of the Bond 
Supplement Reserve within the Bituminous Coal Open-Pit Mining 
Reclamation Fund. Maryland submitted these proposed amendments on its 
own initiative to improve the ability of the Maryland Department of the 
Environment to finance reclamation projects by increasing the amounts 
available in the Reserve.
    In its submittal of this amendment, Maryland stated that this 
action will improve the ability of the Maryland Department of the 
Environment to finance reclamation projects by increasing the amounts 
available in the Reserve. It also addresses findings and 
recommendations found in the Actuarial Study approved by OSM in the 
Federal Register dated May 13, 1998 (63 FR 26451).
    This Bond Supplement Reserve Fund was established for reclamation 
purposes when the original bond is not sufficient to reclaim the site 
for which it was posted in the event of forfeiture. A surcharge is 
assessed for each ton of coal removed by the open-pit or strip method. 
Part of that surcharge is deposited into the Bituminous Coal Open-Pit 
Mining Reclamation Fund and another part is remitted to the county. 
These funds are used to supplement forfeited bonds to enable the mine 
site to be reclaimed. An additional surcharge for each ton is assessed 
and credited to the county in which the mining is occurring.
    A summary of the proposed changes follows:

1. MAC 15-517(c)

    Subsection (c) provides as follows:

    (c) When the amount of money in the bond supplement reserve 
equals or exceeds $300,000 at the end of the month, deposits into 
the reserve of the amounts provided in subsection (b)(1) and (2) of 
this section shall end temporarily.

    Maryland proposes to revise Subsection (c) by increasing the end-
of-month balance cap of the Bond Supplement Reserve Fund from $300,000 
to $750,000.
    As amended, Subsection (c) provides as follows:

    (c) When the amount of money in the bond supplement reserve 
equals or exceeds $750,000 at the end of the month, deposits into 
the reserve of the amounts provided in subsection (b)(1) and (2) of 
this section shall end temporarily.

2. MAC 15-517(d)(1)

    Subsection (d)(1) provides as follows:

    (1) The amount of money in the bond supplement reserve equals or 
exceeds $300,000 at the end of the month;

    Maryland proposes to raise the end-of-month balance cap of the Bond 
Supplement Reserve Fund from $300,000 to $750,000.
    As amended, Subsection (d)(1) provides as follows:

    (1) The amount of money in the bond supplement reserve equals or 
exceeds $750,000 at the end of the month;

3. MAC 15-517(e)

    Subsection (e) reads as follows:

    (e) At the end of any month when the amount of money in the bond 
supplement reserve is reduced below $200,000:

    Maryland proposes to raise the amount from $200,000 to $500,000 
because the end-of-month balance cap that triggers the resumption of 
surcharges and deposits needed to be increased as well.
    As amended, Subsection (e) provides as follows:

    (e) At the end of any month when the amount of money in the bond 
supplement reserve is reduced below $500,000:


[[Page 10435]]



III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the submission satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Maryland program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We may not consider or respond to your 
comments when developing the final rule if they are received after the 
close of the comment period (see DATES). We will make every attempt to 
log all comments into the administrative record, but comments delivered 
to an address other than the Pittsburgh Field Division Office may not 
be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: MD-055-FOR'' and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Pittsburgh Field Division 
Office at (717) 782-4849 ext. 11.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. (local time), on 
March 23, 2007. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please 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, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the Administrative Record.

IV. Procedural Determinations

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 12866--Regulatory Planning and Review

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

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 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 because 
each 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 
the Federal regulations at 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 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 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
The basis for this determination is our decision is on a State 
regulatory program and does not involve a Federal regulation involving 
Indian lands.

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

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute

[[Page 10436]]

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 certifies 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. 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; and (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 analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 13, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian Region.
[FR Doc. E7-4147 Filed 3-7-07; 8:45 am]
BILLING CODE 4310-05-P