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Maryland Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 4, 2000 (Volume 65, Number 193)]
[Proposed Rules]
[Page 59150-59152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc00-16]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-046-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.(Maryland
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of revisions to the Maryland
regulations regarding a definition of previously mined area,
termination of jurisdiction, permitting requirements, bond release
requirements and performance standards for inspections. The amendment
is intended to revise the Maryland program to be no less effective than
the corresponding Federal regulations.
DATES: If you submit written comments, they must be received by 4 p.m.,
E.D.T., October 19, 2000.
ADDRESSES: Mail or hand-deliver your written comments to Mr. George
Rieger, Manager, Oversight and Inspection Office, at the address listed
below. You may review 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 at the addresses listed
below during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the proposed amendment by
contacting OSM's Appalachian Regional Coordinating Center.
George Rieger, Manager, Oversight and Inspection Office, Appalachian
Regional Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 3 Parkway Center, Pittsburgh PA 15220, Telephone: (412)
937-2153, E-mail: grieger@osmre.gov.
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland
21532, Telephone: (301) 689-4136.
FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Oversight and
Inspection Office, 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. 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 February 18, 1982,
Federal Register (47 FR 7214). You can find subsequent actions
concerning the conditions of approval and program amendments at 30 CFR
920.15 and 920.16.
II. Description of the Proposed Amendment
By letter dated September 14, 1999 (Administrative Record No. 577-
04), Maryland provided an informal amendment to OSM regarding a
definition of previously mined area, termination of jurisdiction,
permitting requirements, bond release requirements and performance
standards for inspections. Maryland submitted the informal amendment in
response to requests made by OSM as required under 30 CFR 732.17(d) in
letters dated July 8, 1997, and August 11, 1999 (Administrative Record
Nos. 577-01 and 577-03, respectively). OSM completed its review of the
informal amendment and submitted comments to Maryland in a letter dated
March 20, 2000 (Administrative Record No. 577-05). By letter dated
April 11, 2000 (Administrative Record No. MD-577-06), Maryland
submitted its response to OSM's comments in the form of a proposed
amendment to the Code of Maryland Regulations (COMAR). The proposed
amendments were announced in the April 28, 2000, Federal Register (65
FR 24897). However, OSM's review determined that the proposed revisions
to COMAR 26.20.31.02H regarding the inspection frequency on reclaimed
bond forfeiture sites were inconsistent with 30 CFR 840.11 and
700.11(d). As a result, a letter requesting clarification was sent to
Maryland dated August 17, 2000 (Administrative Record No. MD-577-12).
Maryland responded in its letter dated August 31, 2000 (Administrative
Record No. MD 577-13) with a new revision to COMAR 26.20.31.02H
regarding the inspection frequency on reclaimed bond forfeiture sites.
Therefore, OSM is reopening the public comment period regarding the
following proposed amendments to Maryland's regulatory program:
1. COMAR 26.20.31.02 Inspections.
Maryland proposes to delete the existing paragraph H. in its
entirety and substitute the following new paragraph H:
H. An abandoned site means a surface coal mining and reclamation
operation for which the Bureau has found in writing that:
(1) All surface and underground coal mining and reclamation
activities at the site have ceased;
(2) At least one notice of violation has been issued and the notice
could not be served in accordance with Regulation .08 of this chapter
or the notice was served and has progressed to a failure-to-abate
cessation order;
(3) Action is being taken to ensure that the permittee and the
operator, and owners and controllers of the permittee and the operator,
will be precluded from receiving future permits while the violations
continue at the site;
(4) Action is being taken in accordance with the requirements of
the Regulatory Program to ensure that abatement occurs or that there
will not be a recurrence of the failure-to-abate, except where after
evaluating the circumstances it is concluded that further enforcement
offers little or no likelihood of successfully compelling abatement or
recovering any reclamation costs; and
(5) Where the site is or was permitted and bonded and the permit
has either expired or been revoked, the forfeiture of any available
performance bond is being diligently pursued or has been forfeited.
Maryland also proposes to add new paragraph I .as follows:
I. Instead of the inspection frequency required in Sec. A and B of
this regulation, the Bureau shall inspect each abandoned site on a set
frequency commensurate with the public health and safety and
environmental considerations present at each specific site. However, in
no case shall the inspection frequency be set at less than one complete
inspection per calendar year.
Maryland also proposes to add new paragraph J. as follows:
J. The Bureau shall conduct a complete inspection of the abandoned
[[Page 59151]]
site and provide the public notice required under Sec. K of this
regulation in order to select an alternative inspection frequency
authorized under Sec. I of this regulation. Following the inspection
and public notice the Bureau shall prepare and maintain for public
review a written finding that justifies the selected alternative
inspection frequency. The written finding shall justify the new
inspection frequency by addressing in detail all of the following
criteria:
(1) How the site meets each of the criteria under the definition of
abandoned site under Sec. H of this regulation and thereby qualifies
for a reduction in inspection frequency;
(2) Whether there exists on the site, and to what extent,
impoundments, earthen structures, or other conditions that pose, or may
reasonably be expected to ripen into, imminent dangers to the health
and safety of the public or significant environmental harms to land,
air, or water resources;
(3) The extent to which existing impoundments or earthen structures
were constructed in accordance with prudent engineering designs
approved in the permit;
(4) The degree to which erosion and sediment control is present and
functioning;
(5) The extent to which the site is located near or above urbanized
areas, communities, occupied dwellings, schools, and other public or
commercial buildings and facilities;
(6) The extent of reclamation completed prior to abandonment and
the degree of stability of unreclaimed areas taking into consideration
the physical characteristics of the land mined and the extent of
settlement or revegetation that has occurred naturally with them; and
(7) Based on a review of the complete and the partial inspection
report record for the site during at least the last two consecutive
years, the rate at which adverse environmental or public health and
safety conditions can be expected to progressively deteriorate.
Maryland also proposes to add new paragraph K. as follows:
K. Public Notice
(1) The Bureau shall place a notice in the newspaper with the
broadest circulation in the locality of the abandoned site providing
the public with a 30-day period in which to submit written comments
concerning the alternative inspection frequency.
(2) The public notice shall contain the:
(a) Permittee's name and permit number;
(b) Precise location of the land affected.
(c) Inspection frequency proposed.
(d) General reasons for reducing the inspection frequency;
(e) Bond status of the permit;
(f) Telephone number and address of the Bureau where written
comments on the reduced inspection frequency may be submitted; and
(g) Closing date of the comment period.
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 revisions to the State's regulations
that were submitted on August 31, 2000 (Administrative Record No. MD-
577-13). Comments should address whether the proposed amendment with
these revisions 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: If you submit written or electronic comments on
the proposed rule during the 15-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
Electronic comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SPATS NO. MD-046-
FOR'' and your name and return address in your Internet message. If you
do not receive a confirmation that we have received your Internet
message, contact the Appalachian Regional Coordinating Center at (412)
937-2153.
Availability of Comments: Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours at the OSM Administrative Record
Room (see ADDRESSES). Individual respondents may request that we
withhold their home address from the rulemaking record, which we will
honor to the extent allowable by law. There also may be circumstances
in which we would withhold from the rulemaking record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. However, we will not consider anonymous comments. We will
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart federal regulation.
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 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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
[[Page 59152]]
federal regulations and whether the other requirements of 30 CFR Parts
730, 731, and 732 have been met.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed state regulatory program provision does not
constitute a major federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
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 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.
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.
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 fact that the state submittal
which is the subject of this rule is based upon counterpart federal
regulations for which an analysis was prepared and a determination made
that the federal regulation was not considered a major rule.
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: September 22, 2000.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 00-25404 Filed 10-3-00; 8:45 am]
BILLING CODE 4310-05-P