[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33153-33156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11610]


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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: Final rule; approval of amendment.

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SUMMARY: We are approving an 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. The 
amendment is intended to improve the ability of the Maryland Department 
of the Environment to finance reclamation projects by increasing the 
amounts available in the Reserve.

DATES: Effective Date: June 15, 2007.

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. Submission of the Proposed Amendment
III. OSM's findings
IV. Summary and Disposition of Comments
V. OSM'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 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

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program and program amendments at 30 CFR 920.12, 920.15, and 920.16.

II. Submission 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. Maryland stated that the amendment also 
addresses findings and recommendations found in the Actuarial Study 
approved by OSM in the Federal Register dated May 13, 1998 (63 FR 
26451).
    The Reserve 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. The Reserve receives revenues from 
two separate surcharges that are assessed for each ton of coal removed 
by the open-pit or strip method. These funds are used to supplement 
forfeited bonds to enable the mine site to be reclaimed. If the funds 
in the Reserve at the end of any month equal or exceed a certain fixed 
level, or cap, deposits into the Reserve from these surcharges are 
temporarily stopped. If the funds in the Reserve at the end of any 
month then drop below a certain fixed level, or floor, deposits into 
the Reserve from these surcharges are resumed. In this amendment, 
Maryland proposes to raise both the cap and the floor levels, in order 
to ensure that more funds are always available for reclamation 
expenses.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal Regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment.

1. MAC 15-517(c)

    Prior to this amendment, subsection (c) provided 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 proposed to revise Subsection (c) by increasing the end-
of-month balance cap of the Bond Supplement Reserve 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.

    Because the amendment to this provision ensures more revenues are 
available in the Bond Supplement Reserve, we find that the changes are 
not inconsistent with the Federal Regulations at 30 CFR 800.11(e), 
pertaining to the establishment and maintenance of an alternative 
bonding system, and can be approved.

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

    Prior to this amendment, subsection (d)(1) provided as follows:

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

    Maryland proposed to raise the end-of-month balance cap of the Bond 
Supplement Reserve 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;

    Because the amendment to this provision ensures more revenues are 
available in the Bond Supplement Reserve, we find that the changes are 
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and 
can be approved.

3. MAC 15-517(e)

    Prior to this amendment, subsection (e) provided 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 proposed to raise the amount from $200,000 to $500,000 
because it believes that 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:

    Because the amendment to this provision ensures more revenues are 
available in the Bond Supplement Reserve, we find that the changes are 
not inconsistent with the Federal Regulations at 30 CFR 800.11(e) and 
can be approved.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record Number MD-587-02), but did not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Maryland program (Administrative 
Record Number MD-587-01), but did not receive any.

V. OSM's Decision

    Based on the above findings, we approve the Maryland amendment that 
we received on January 29, 2007.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 920, which codify decisions concerning the Maryland 
program. 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 Maryland's program 
demonstrate that it has the capability of carrying out the provisions 
of the Act and meeting its purposes. Making this regulation effective 
immediately will expedite that process. SMCRA requires consistency of 
Maryland and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    In accordance with Executive Order 12630, the provisions in the 
rule, as described in the preamble, do not have significant takings 
implications; therefore, a takings implication assessment is not 
required.

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

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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 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: May 4, 2007.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.

PART 920--MARYLAND

0
1. The authority citation for part 920 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

0
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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   Original amendment  submission date     Date of final publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
January 29, 2007........................  June 15, 2007..............  MAC 15-517(c); 15-517(d)(1); and 15-
                                                                        517(e).
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[FR Doc. E7-11610 Filed 6-14-07; 8:45 am]
BILLING CODE 4310-05-P