Maryland Abandoned Mine Lands Reclamation Plan

DEPARTMENT OF THE INTERIOR

30 CFR Part 920

[MD-031]

Maryland Abandoned Mine Lands Reclamation Plan

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

Interior.

ACTION: Proposed rule; reopening and extension of public comment

period.

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SUMMARY: OSM is announcing the receipt of additional materials

pertaining to a previously proposed amendment to the Maryland Abandoned

Mine Lands (AML) Reclamation Plan (hereinafter referred to as the

Maryland Plan) under the Surface Mining Control and Reclamation Act of

1977 (SMCRA). Maryland submitted House Bill 1522 which revises section

7-906(b) of the Natural Resources Article, Subtitle 9, of the Annotated

Code of Maryland to reflect extended eligibility dates for the

reclamation of mine sites. Maryland also revised its Plan to specify

that eligible interim program sites are those on which mining ended on

or before the Secretary of the Interior's approval of Maryland's

regulatory program.

DATES: Written comments must be received by 4 p.m., E.S.T. November 29,

1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Robert J. Biggi, Director, Harrisburg Field Office at the address

listed below.

Copies of the Maryland plan, the proposed amendment, and all

written comments received in response to this document will be

available for public review at the addresses listed below during normal

business hours, Monday through Friday, excluding holidays. Each

requestor may receive one free copy of the proposed amendment by

contacting OSM's Harrisburg Field Office.

Robert J. Biggi, Director, Harrisburg Field Office, OSM, Harrisburg

Transportation Center, Third Floor, Suite 3C, 4th and Market Streets,

Harrisburg, Pennsylvania 17101, Telephone: (717) 782-4036.

Maryland Bureau of Mines, 160 South Water Street, Frostburg,

Maryland 21532, Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg Field Office, Telephone (717)

782-4036.

SUPPLEMENTARY INFORMATION: The Secretary of the Interior approved the

Maryland Plan effective July 16, 1982. Information on the background of

the Maryland Plan including the Secretary's findings, and the

disposition of comments can be found in the June 16, 1982, Federal

Register (47 FR 25955). Effective March 22, 1993, the Maryland Plan was

amended to allow for the new acid mine drainage and abatement

initiative provided under the AML Reclamation Act of 1990 Pub. L. 101-

508). The Secretary's findings and the disposition of comments relative

to the Plan amendment can be found in the March 22, 1993, Federal

Register (58 FR 15272). Subsequent actions concerning the conditions of

approval and amendments to the Plan can be found at 30 CFR 920.20 and

9120.25.

II. Discussion of Amendment

By letter dated August 19, 1993, Maryland submitted a proposed

amendment to revise the Maryland Plan (Administrative Record No. MD-

565.00). Maryland proposed to amend its Plan to allow for two new

initiatives. OSM announced receipt of the amendment in the September

21, 1993, Federal Register (58 FR 48998), and in the same document,

provided an opportunity for a public hearing on the adequacy of the

proposed amendment. The public comment period ended on October 21,

1993.

During its review of the amendment, OSM identified concerns

relating to the extended eligibility dates for interim mine sites and

the use and source of funds. OSM notified Maryland of these concerns by

letter dated November 2, 1993 (Administrative Record No. MD-565.06). By

letters dated August 3, 1994 (Administrative Record No. MD-565.07), and

September 1, 1994 (Administrative Record No. MD-565.08), Maryland

responded to OSM's concerns by submitting additional explanatory

information. On August 3, 1994, Maryland also submitted House Bill 1522

which revised section 7-906 of the Natural Resources Act, Subtitle 9,

of the Annotated Code of Maryland. The statutory language was revised

to extend the eligibility dates for the reclamation of mine sites by

including lands and waters made eligible through amendments to SMCRA,

as amended October 1, 1994.

On September 1, 1994, Maryland revised its Plan to specify that

eligible interim sites are those on which mining ended on or before the

Secretary's approval of Maryland's regulatory program. OSM approved the

Maryland program on December 1, 1980 (45 FR 79449).

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Maryland

program amendment to provide the public an opportunity to consider the

adequacy of the proposed amendment in light of the revisions contained

in House Bill 1522. 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

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commentor's recommendations. Comments received after the time indicated

under DATES or at locations other than the Harrisburg Field Office will

not necessarily be considered in the final rulemaking or included in

the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 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 and Tribal abandoned

mine land reclamation plans and revisions thereof since each such plan

is drafted and adopted by a specific State or Tribe, not by OSM.

Decisions on proposed State and Tribal abandoned mine land reclamation

plans and revisions thereof submitted by a State or Tribe are based on

a determination of whether the submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231-1243) and the Federal regulations at

30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions thereof are categorically excluded from

compliance with the National Environmental Policy Act (42 U.S.C. 4332)

by the Manual of the Department of the Interior [516 DM 6, appendix 8,

paragraph 8.4B(29)].

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 submittal which is the subject of this rule is based upon

corresponding 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. In making the

determination as to whether this rule would have a significant economic

impact, the Department relied upon the data and assumptions in the

analyses for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 920

Intergovernmental relations, Surface mining, Underground mining.

Dated: November 4, 1994.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-27981 Filed 11-10-94; 8:45 am]

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