[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Proposed Rules]
[Pages 4502-4504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2332]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 920

[MD-041-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.

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SUMMARY: OSM is announcing receipt of proposed amendments to the 
Maryland regulatory program (hereinafter 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., March 3, 
1997. If requested, a public hearing on the proposed amendment will be 
held on February 24, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T., on February 14, 1997.

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

FOR FURTHER INFORMATION CONTACT:
George Rieger, Field Branch Chief, Appalachian Regional Coordinating 
Center, Telephone: (412) 937-2932.

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 provisions of the Code of Maryland Regulations (COMAR) that 
Maryland proposes to amend are as follows:

1. COMAR 26.20.26, Excess Spoil Disposal

    Specifically, Maryland proposes to add new regulation .05 entitled 
``Placement of Excess Spoil on Abandoned Mine Land'' to Chapter 26, 
Excess Spoil Disposal as follows:
    a. New subparagraph A and items (1) through (5) state that excess 
spoil from a permitted coal mining operation may be placed on abandoned 
mine land outside of the permit area if the Department determines that 
the abandoned mine land is eligible for funding under Environment 
Article, Title 15, Subtitle 11, Annotated Code of Maryland; the 
abandoned mine land is referenced in the permit application and 
identified on the permit map; the plan for the placement of such spoil 
meets the design requirements of Maryland's approval program; the legal 
right to enter upon the abandoned mine land and to place excess spoil 
on the area has been obtained from the surface owner; and the excess 
spoil will be placed in accordance with the provisions of a contract 
executed between the Department and the permitee for reclamation of the 
abandoned mine land.
    b. New subparagraph B, entitled ``Reclamation Standards'', and 
items (1) through (4), are added to require that excess spoil beyond 
the amount required to restore the abandoned mine land to its original 
contour may not be placed on the abandoned mine land; the final 
configuration of the excess spoil that is placed on the abandoned mine 
land area outside of the permit area shall be compatible with the 
natural surroundings and be suitable for the intended land use; valley, 
head of hollow, or durable rock fills may not be constructed on 
abandoned mine land; and placement of excess spoil from a permit area 
on abandoned mine land shall be planned and implemented in accordance 
with the requirements of Maryland's approved program.
    c. New subparagraph C and items (1) through (5) provide that 
placement of excess spoil from a permit area on abandoned mine land 
outside of a permit area may not be approved unless the Department 
finds in writing, on the basis of information set forth in the plan or 
otherwise available, that: placement of the excess spoil and 
reclamation of the abandoned mine land can be feasibly accomplished in 
accordance with the plan submitted by the operator; the excess spoil 
placement operation has been designed to prevent damage to the 
hydrologic balance outside of the abandoned mine land; the excess spoil 
placement operation will not adversely affect any publicly owned parks 
or places included in the National Register of Historic Places, unless 
approved by the appropriate jurisdictional agency; the applicant has 
submitted documentation establishing a legal right to enter and conduct 
the proposed reclamation on the abandoned mine land; and the proposed 
activities will not affect the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitats as determined under the Endangered Species 
Act.
    d. New subparagraph D and items (1) through (3) state that 
placement of excess spoil from a permitted coal mining operation on 
abandoned mine land outside of the permit area shall be accomplished in 
accordance with a contract between the Department and the permittee 
that contains conditions that document the method of placement

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of the excess spoil and reclamation on the area; require the operator 
to permit and bond the abandoned mine land area in the event the 
operator defaults on the contract; and authorize the Department to 
issue a cessation order to cease all mining operations on the adjacent 
permit area until the operator submits an application for a permit and 
the required amount of bond for the abandoned mine land area in the 
event the operator defaults on the contract.
    e. New subparagraph E is added to state that the Department will 
monitor the placement of the excess spoil and the reclamation of the 
abandoned mine land area to ensure that the work is performed in 
accordance with the contract. In the event the operator fails to meet 
the terms of the contract, the Department shall issue a cessation order 
to stop the work on the area until the failure has been corrected.

2. COMAR 26.20.14.06, Conditions of Bonds

    a. Subparagraph (B)(3) is amended to state that certificates of 
deposit be made payable to the Bureau. This paragraph formerly stated 
that such certificates of deposit shall be assigned to the Bureau in 
writing and upon the books of the bank issuing these certificates.
    b. Subparagraph (B)(4) is amended by changing the denomination 
amount from $40,000 to $100,000.
    c. New subparagraph (8) is added to require that the bank give 
prompt notice to the Bureau and the permittee of any notice received or 
action filed alleging insolvency or bankruptcy of the bank or the 
permittee, or alleging any violations of regulatory requirements which 
could result in suspension or revocation of the bank's charter or 
license to do business.

3. COMAR 26.20.14.09, Procedures for Release of General Bonds

    a. Subparagraph (B)(2)(b) is revised by substituting the word 
``identify'' for ``show'' and by adding the requirement to identify the 
approval date of the permit.
    b. Subparagraph (B)(2) (c) and (d) are revised by submitting the 
word ``identify'' for ``show'' and (d) is further revised by adding the 
requirement to identify the type and amount of bond filed on the 
permit.
    c. Subparagraph (B)(2)(e) is revised by requiring that the type and 
approximate dates of the work performed be summarized.

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. 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.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
E.S.T. on February 14, 1997. The location and time of the hearing will 
be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak at the public hearing, the hearing 
will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may 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, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of 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 Sate, 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

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existing requirements previously promulgated by OSM will be implemented 
by the State. In making the determinations 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

    Intergovernmetnal relations, Surface mining, Underground mining.

    Dated: January 24, 1997.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-2332 Filed 1-29-97; 8:45 am]
BILLING CODE 4310-05-M