[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56521-56523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27808]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 920
[MD-038-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 (hereinafter referred to as the ``Maryland
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Maryland proposed revisions to its rules and statutes
pertaining to the Small Operators Assistance Program (SOAP). The
amendment is intended to revise the Maryland program to be consistent
with the corresponding Federal regulations.
EFFECTIVE DATE: November 9, 1995.
FOR FURTHER INFORMATION CONTACT:
Robert Biggi, Director, Harrisburg Field Office, OSM, Harrisburg
Transportation Center, Third Floor, Suite 3C, 4th and Market Streets,
Harrisburg, PA 17101. Telephone: (717) 782-4036.
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. 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 December
1, 1980, Federal Register (45 FR 79449). Subsequent actions concerning
conditions of approval and program amendments can be found at 30 CFR
920.12, 920.15 and 920.16.
II. Submission of the Proposed Amendment
By letter dated June 16, 1995, (Administrative Record No. MD-
572.00) Maryland submitted a proposed amendment to its program pursuant
to SMCRA at its own initiative. Maryland proposed to revise its SOAP
provisions in the Annotated Code of Maryland (Code) to incorporate the
provisions of House Bill 945 approved on May 18, 1995, by the Governor
of Maryland and in the Code of Maryland Regulations (COMAR).
Specifically, the code has been revised to delete the portion of
existing section 7-505(c)(4) which refers to SOAP operator eligibility.
This provision is proposed to be added to section 7-515. Also, the Code
has been revised to delete the provisions of existing section 7-515
which specified alternative permit procedures for coal mining
operations of two acres or less. The revised provisions at 7-515
provide that, upon written request of the operator, the Department of
Natural Resources (Department) will assume the cost of certain,
specified activities for those operations where probable total annual
production at all locations will not exceed 300,000 tons. The
Department is also required to either provide training to or assume the
cost of training coal operators in the preparation of permit
applications and compliance requirements. If the operator's annual
production of coal exceeds 300,000 tons, the operator is required to
reimburse the Department for any assistance received. The corresponding
regulations at COMAR 08.20.16.02A have been revised to specify the
services that will be provided by a qualified laboratory and reimbursed
by the Department to qualified operators. The eligibility for
assistance provisions at COMAR 08.20.16.03A have been revised to
increase the total annual coal production limit from 100,000 tons to
300,000 tons. COMAR 08.20.16.02B has been revised to increase the
percentage of ownership for production purposes in an operation either
by the applicant or others from 5% to 10%. The applicant liability
provisions at COMAR 08.20.16.08A have been revised to require that if
the operator's annual production of coal during the 12 months
immediately following the date on which the operator is issued the
permit exceeds 300,000 tons, the operator is required to reimburse the
Department for the cost of services specified in section .02A. The same
requirement applies if the operator sells, transfers, or assigns the
permit to another person and the transferee's total production exceeds
300,000 tons.
OSM announced receipt of the proposed amendment in the July 13,
1995, Federal Register (60 FR 36080) 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 August 14, 1995.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
A. Revisions to Maryland's Statutes and Regulations That Are
Substantively Identical to the Corresponding Provisions of the Federal
Statutes and Federal Regulations
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State regulation Subject Federal counterpart
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COMAR 08.20.16.02A.......... Program Services........................ 30 CFR 795.9 (a), (b).
COMAR 08.20.16.03A.......... Eligibility............................. 30 CFR 795.6(a)(2).
COMAR 08.20.16.03B.......... Eligibility............................. 30 CFR 795.6(a)(2) (i), (ii).
COMAR 08.20.16.08 A, B...... Applicant Liability..................... 30 CFR 795.12(a) (2), (3).
Code 7-515(A) (1), (3)-(6).. Operator Assistance..................... SMCRA 507(c)(1).
[[Page 56522]]
Code 7-515(B)............... Training................................ SMCRA 507(c)(2).
Code 7-515(C)............... Reimbursement........................... SMCRA 507(h).
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Because the above proposed revisions are identical in meaning to
the corresponding Federal statutes and regulations, the Director finds
that Maryland's proposed rules are no less stringent than SMCRA and no
less effective than the Federal rules.
B. Revisions to Maryland's Statutes That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Statutes
1. Maryland deleted existing section 7-515 of its Code which
authorized alternative permit procedures for small coal mining
operations of two acres or less. New section 7-515 pertains to SOAP
provisions. The Director finds that the proposed deletion does not
render the Maryland program less effective than the Federal
regulations. At section 7-505(c)(4), Maryland also deleted the
requirement that the cost of analysis of test borings or core samplings
and the determination of probable hydrologic consequences will be
assumed by the Department upon the request of an operator for those
operations where probable total annual production at all locations will
not exceed 300,000 tons. This requirement was transferred to revised 7-
515. The Director finds that the proposed deletion does not render the
Maryland program less effective than the Federal regulations.
2. At section 7-515(A)(2), Maryland includes a cross-reference to
section 7-505(C)(7) pertaining to maps and plans. The Director notes
that the maps and plans required by 7-505(C)(7) differ from those
required at section 507(b)(14) of SMCRA. However, at COMAR
08.20.16.02(A)(3), Maryland includes the correct cross-reference to the
regulations at COMAR 08.20.02.11. The Director, therefore, finds the
proposed revision at COMAR 08.20.16.02(A)(3) no less effective than the
Federal regulations at 30 CFR 795.9(b)(3). The cross-reference to 7-
505(c)(7) which pertains to reclamation plans, is approved only to the
extent that it authorizes use of SOAP funding for the preparation of
cross-sections, maps, and plans authorized by section 507(b)(14) of
SMCRA and 30 CFR 795.9(b).
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment.
One public comment was received in support of the amendment.
Because no one requested an opportunity to speak at a public hearing,
no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Maryland program. None were
received.
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.).
On June 23, 1995, OSM solicited EPA's concurrence with the proposed
amendment. On August 16, 1995, EPA gave its written concurrence
(Administrative Record No. MD-572.04).
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment submitted by Maryland on June 16, 1995.
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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
[[Page 56523]]
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.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 20, 1995.
Allen D. Klein,
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 by adding paragraph (bb) to read as
follows:
Sec. 920.15 Approval of regulatory program amendments.
* * * * *
(bb) The following amendment, as submitted to OSM on June 16, 1995,
is approved effective November 9, 1995.
The amendment consists of revisions to the following statutes in
the Annotated Code of Maryland (Code) and regulations in the Code of
Maryland Regulations (COMAR):
Code 7-505............................ Small Operators Assistance
Program.
Code 7-515............................ Small Operators Assistance
Program (cross-reference to 7-
505(c)(7) which pertains to
reclamation plans, is approved
only to the extent that it
authorizes use of SOAP funding
for the preparation of cross-
sections, maps, and plans
authorized by section
507(b)(14) of SMCRA and 30 CFR
795.9(b)).
COMAR................................. Program Services.
08.20.16.02A..........................
COMAR................................. Eligibility for Assistance.
08.20.16.03A, B.......................
COMAR................................. Applicant Liability.
08.20.16.08A, B.......................
[FR Doc. 95-27808 Filed 11-8-95; 8:45 am]
BILLING CODE 4310-05-M
