Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-033-FOR]

Maryland Regulatory Program

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

Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed

amendment to the Maryland permanent regulatory program (hereinafter

referred to as the ``Maryland program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The proposed amendments

consist of revisions to the Maryland regulations pertaining to excess

spoil disposal, conditions of surety and collateral bonds, and

procedures for release of general bonds. The amendments are intended to

revise the Maryland program to be consistent with the corresponding

Federal regulations.

DATES: Written comments must be received by 4:00 p.m., E.S.T., February

4, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to George Rieger, Field Branch Chief, at

the address listed below.

Copies of the Maryland program, the proposed amendment, a listing

of any scheduled public hearings, 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 requester may receive one free copy of

the proposed amendment by contacting OSM's Appalachian Regional

Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway

Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153

Maryland Bureau of Mines, 160 South Water Street, Frostburg, MD 21532,

Telephone: (301) 689-4136

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

On February 18, 1982, the Secretary of the Interior approved the

Maryland program. Background information on the Maryland program,

including the Secretary's findings, the disposition of comments, and

the conditions of approval can be found in the February 18, 1982,

Federal Register (47 FR 7214). Subsequent actions concerning the

conditions of approval and program amendments can be found at 30 CFR

920.15 and 920.16.

II. Description of the Proposed Amendment

Maryland provided an informal amendment to OSM regarding excess

spoils on March 11, 1994. OSM completed its reviews of the informal

amendment and requested a formal proposal from Maryland in a letter

dated August 6, 1996. By letter dated January 7, 1997 (Administrative

Record No. MD-576-00), Maryland submitted a proposed amendment to its

program pursuant to SMCRA at OSM's request. Additionally, by letter

dated January 14, 1997 (Administrative Record No. MD-552-13), Maryland

submitted proposed amendments to its program pursuant to SMCRA. These

amendments pertain to conditions of surety and collateral bonds, and

procedures for release of general bonds and are intended to comply with

required program amendments identified in 30 CFR 920.16 (k) and (m).

The proposed amendments were announced in the January 30, 1997, Federal

Register (62 FR 4502). (At the time of announcement, the proposed

amendment was identified as [MD-041]. Please note that the amendment is

now identified as [MD-033]). However, OSM's review determined that

several items contained in the proposed amendments required

clarification. As a result, a letter requesting clarification on four

items was sent to Maryland dated June 13, 1997 (Administrative Record

No. MD-576-05). Maryland responded in its letter dated June 27, 1997

(Administrative Record No. MD-576-06), by requesting a meeting with OSM

and stating that additional information would not be available until

after that meeting. A meeting was held on August 14, 1997, and a

response was received from Maryland in its letter dated December 8,

1997 (Administrative Record No. MD-576-07). Therefore, OSM is reopening

the public comment period regarding the following clarifications to

Maryland's proposed amendments:

1. COMAR 25.20.26, Excess Spoil Disposal

a. Maryland was asked to clarify how it would fund projects in

cases where the operator defaults on the contract or otherwise fails to

perform the necessary reclamation. This funding source would be in

addition to the ``contractor incentive provisions proposed at COMAR

25.20.26.05(D)(2). Maryland responded that the proposed amendment at

COMAR 25.20.26.05(A)(1) provides that the abandoned mine land must be

eligible for funding under Environment Article, Title 15, Subtitle 11,

Annotated Code of Maryland. Any default by the operator on a contract

or failure to perform reclamation could be funded by specially ear-

marking a portion of Maryland's AML grant funds to complete the

reclamation. This would be in addition to the sanctions provided in the

proposed amendment.

b. Maryland was asked to clarify which requirements in the approved

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program will apply to the placement of excess spoil on abandoned mine

lands as referenced in proposed COMAR 25.20.26.05 (A)(3) and (B)(4).

Maryland responded that since existing conditions on abandoned mine

lands differ at each site, it would be extremely difficult to clarify

exactly which requirements of Maryland's approved program would apply

in every case for the placement of excess spoil. A field review during

the application review process would verify conditions at the AML site

and will determine which requirements are necessary to ensure that the

excess spoil is placed in an environmentally sound manner.

c. Maryland was asked to clarify how placement of excess spoil on

abandoned mine lands would achieve compliance with its AML program.

Maryland responded that it considers the environmental reviews, public

notice requirements and inspection requirements of its federally

approved regulatory program to be comparable to those required by the

AML program. Each abandoned mine lands site proposed for placement of

excess spoil will be reviewed in conjunction with the application for a

surface mining permit and subjected to the same requirements.

2. COMAR 25.20.14.09, Procedures for Release of Bonds

a. COMAR 25.20.14.09B(2)(e) is further modified by changing the

word ``approximate'' to ``appropriate''.

III. Public Comment Procedures

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. Specifically,

OSM is seeking comments on the clarifications to the State's

regulations that were submitted on December 8, 1997 (Administrative

Record No. MD-576-07). Comments should address whether the proposed

amendment with these clarifications 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

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Appalachian Regional

Coordinating Center 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 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (Civil Justice Reform) 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

No environmental impact statement is required for this rule since

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 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.

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: January 9, 1998.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 98-1215 Filed 1-16-98; 8:45 am]

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