Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-043-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: OSM is approving a proposed amendment to the Maryland

regulatory program (``Maryland program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). Maryland proposed

revisions to its statutes pertaining to the Land Reclamation Committee

to satisfy a required program amendment at 30 CFR 920.16(l). The

amendment is intended to revise the Maryland program to be consistent

with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: July 8, 1999.

FOR FURTHER INFORMATION CONTACT: George Rieger, Program Manager, OSM,

Appalachian Regional Coordinating Center, 3 Parkway Center, Pittsburgh,

PA 15220. Telephone: (412) 937-2153. E-Mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Maryland Program

On December 1, 1980, the Secretary of the Interior conditionally

approved the Maryland program. 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 December

1, 1980, Federal Register (45 FR 79449). You can find later actions on

conditions of approval and program amendments at 30 CFR 920.12, 920.15,

and 920.16.

II. Submission of the Proposed Amendment

By letter dated August 22, 1997 (Administrative Record No. MD-

578.00), Maryland submitted a proposed amendment to its program

pursuant to SMCRA in response to a required amendment at 30 CFR

920.16(l). Maryland is revising the 1997 Laws of Maryland, Chapter 223

(House Bill 245), at section 15-204(a)(4) to require that Land

Reclamation Committee (LRC) members recuse themselves from proceedings

that may affect their direct or indirect financial interests.

We announced receipt of the proposed amendment in the September 19,

1997, Federal Register (62 FR 49183), 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 October 20, 1997.

During our review of the amendment, we identified concerns with

Maryland's submission. In a letter dated January 29, 1998

(Administrative Record No. MD-578-06), we informed Maryland that it

must amend its program to require that LRC members file a statement of

employment and financial interests. Since Maryland did not take further

action, it was not necessary to reopen the comment period.

III. Director's Findings

Following, according to SMCRA and the Federal regulations at 30 CFR

732.15 and 732.17, are our findings concerning the proposed amendment.

Any revisions we do not specifically discuss below concern

nonsubstantive wording changes and paragraph notations to reflect

organizational changes resulting from this amendment.

30 CFR 920.16(l) required Maryland to amend its program to require

members of the LRC to: (1) recuse themselves from proceedings that

affect their direct financial interest and (2) file a statement of

employment and financial interest. In response, Maryland proposed to

revise Chapter 223, 1997 Laws of Maryland, at section 15-204(a)(4) to

require that LRC members recuse themselves from proceedings that may

affect their direct or indirect financial interests. We find that the

proposed revision is no less effective than the Federal regulation at

30 CFR 705.4(d) and satisfies the first part of the required amendment

at 30 CFR 920.16(l).

In its submittal letter, Maryland stated that it is presently

requiring that LRC members file a Federal OSM employment and financial

interest statement. Maryland did not, however, provide supporting

documentation. We find that Maryland's program is less effective than

the Federal regulations at 30 CFR 705.11(a) and 705.17(a).

[[Page 36785]]

IV. Summary and Disposition of Comments

Public Comments

We solicited public comments and provided an opportunity for a

public hearing on the proposed amendment. No comments were received and

because no one requested an opportunity to speak at a public hearing,

no hearing was held.

Federal Agency Comments

According to 30 CFR 732.17(h)(11)(I), we solicited comments on the

proposed amendment from various Federal agencies with an actual or

potential interest in the Maryland program. The U.S. Department of

Labor, Mine Safety and Health Administration and the U.S. Department of

the Army, Army Corps of Engineers, concurred without comment.

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 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.).

None of the revisions that Maryland proposed to make in this amendment

pertains to air or water quality standards. Therefore, OSM did not

request EPA's concurrence.

The Federal regulations at 30 CFR Part 920, codifying decisions

concerning the Maryland program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

V. Director's Decision

Based on the above findings, we approve Maryland's proposed

amendment as submitted on August 22, 1997. As discussed above,

Maryland's proposed revision satisfies the first part of the required

amendment at 30 CFR 920.16(l). However, the second part of the

amendment has not been satisfied. Therefore, Maryland continues to be

required to amend its program to require each member of the Land

Reclamation Committee to file a statement of employment and financial

interest to be no less effective than 30 CFR 705.11(d). We are removing

the required amendment at 30 CFR 920.16(l) to the extent that Maryland

has amended its program to require that LRC members recuse themselves

from proceedings affecting their financial interests.

The Federal regulations at 30 CFR Part 920, codifying decisions

concerning the Maryland program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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

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 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 corresponding 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 920

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 23, 1999.

Ronald C. Recker,

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 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.

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[[Page 36786]]

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Original amendment submission date Date of final publication Citation/description

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August 22, 1997......................... July 8, 1999............... Chapter 223, 1997 Laws of Maryland,

Section 15-204(a)(4).

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3. Section 920.16 is amended by revising paragraph (l) to read as

follows:

Sec. 920.16 Required program amendments.

* * * * *

(l) By July 10, 2000, Maryland must amend its program to be no less

effective than 30 CFR 705.11(a) and 705.17(a) by requiring each member

of the Land Reclamation Committee to file a statement of employment and

financial interest.

[FR Doc. 99-17296 Filed 7-7-99; 8:45 am]

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