[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17978-17980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9197]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-045-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 regulations regarding the
right to administrative review of final decisions and award of costs
decisions. The amendment is intended to revise the Maryland program to
be consistent with the corresponding Federal regulations and SMCRA.
EFFECTIVE DATE: April 13, 1999.
FOR FURTHER INFORMATION CONTACT: George Rieger, Program Manager, OSM,
Appalachian Regional Coordinating Center, 3 Parkway Center, Pittsburgh,
PA 15220. Telephone: (412) 937-2153.
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 August 25, 1998, (Administrative Record No. MD-580-
00), Maryland submitted a proposed amendment to its program pursuant to
SMCRA in response to required amendments at 30 CFR 920.16(a). Maryland
is revising the Code of Maryland Regulations (COMAR) at section COMAR
26.20.34.06G (titled Procedure after Testimony is Concluded), COMAR
26.20.34.09G (titled Award of Costs). Additionally Maryland is
proposing to delete COMAR 26.20.06.02 (titled Administrative Appeal).
Specifically, the proposed changes delete the right to appeal to the
Board of Review a final decision of the Water Management Director or an
award of costs decision. Now, these decisions are subject to judicial
review in accordance with the State Government Article, Sec. 10-222 of
the Annotated Code of Maryland. In Maryland's initial request for this
program amendment, the State Government Article was incorrectly cited
as Sec. 10-215 of the Annotated Code of Maryland. The proposed rule
also cited this section. On February 5, 1999, Maryland submitted
revised copies of the proposed amendment that contain the correct
citation to Sec. 10-222, Annotated Code of Maryland (Administrative
Record No. MD-580-03). Maryland is also deleting COMAR 26.20.06.02,
which allowed an appeal to the Board of Review for permit decisions.
OSM announced receipt of the proposed amendment in the September
21, 1998, Federal Register (63 FR 50176), 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 21, 1998.
Maryland originally proposed these changes and deletions in 1990.
OSM approved these changes and deletions on April 28, 1991 (56 FR
19280, 19282). However, Maryland had incorrect citations to the
Annotated Code of Maryland. OSM required Maryland to amend its
regulations to correct the citation. This requirement was codified at
30 CFR 920.16(a). Maryland submitted another amendment on May 7, 1991,
to satisfy the requirements of 30 CFR 920.16(a). The 1991 proposed
amendment resulted in a final rule published in the Federal Register on
January 10, 1992, (57 FR 1104) approving the revisions. The final rule
indicated that 30 CFR 920.16(a) was removed and reserved because the
Director found that the proposed amendment was not inconsistent with
the Federal hearing and appeals regulations at 43 CFR part 4. However,
Maryland did not promulgate the revisions nor the deletion which were
previously approved by OSM and 30 CFR 920.16(a) was not removed. Since
January 10, 1992, the Bureau of Mines has been transferred from the
Department of Natural Resources to the Department of the Environment
and COMAR has been recodified, resulting in different numbering from
those in the 1990 amendment. These events required the submission of
the current amendment to satisfy the requirements of 30 CFR 920.16(a).
Since the Board of Review was abolished in 1990, appeals of final
decisions of the Director of Water Management and the award of costs
decisions are now subject to judicial review instead of administrative
review by the Board of Review. Judicial review is authorized by
Sec. 10-222 of the State Government Article. As a result, Maryland
proposed, in the letter of August 25, 1998, to amend COMAR
26.20.34.06G, titled Procedure after Testimony is Concluded and COMAR
26.20.34.09G, titled Award of Costs to reflect the change. The letter
also proposed to delete COMAR 26.20.06.02, titled Administrative Appeal
to reflect the abolishment of the Board of Review.
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.
1. COMAR 26.20.34.06 Procedure after Testimony is Concluded. In
Section G. Maryland proposed to delete the phrase, ``may appeal the
decision to the Board of Review pursuant to COMAR 08.16.01,'' and
replace it with the phrase, ``is entitled to judicial review in
accordance with State Government Article, Sec. 10-222, Annotated Code
of Maryland.''
[[Page 17979]]
The Director finds the abolition of the Board of Review makes this
change necessary. As stated in the April 26, 1991 findings (56 FR
19281), which are incorporated and adopted herein by reference, the
Director finds the change in accordance with 525 of SMCRA and that the
change satisfies the requirement of 30 CFR 920.16(a).
2. COMAR 26.20.34.09 Award of Costs. In Section G. Maryland
proposed to delete the phrase, ``may appeal to the Board of Review
pursuant to COMAR 08.16.01,'' and replace it with the phrase, ``is
entitled to judicial review in accordance with State Government
Article, Sec. 10-222, Annotated Code of Maryland.'' As with item 1.
above, the Director finds the abolition of the Board of Review makes
this change necessary. As stated above, the Director adopts and
incorporates by reference the April 26, 1991 findings (56 FR 19281).
Accordingly, the Director finds the change in accordance with 525 of
SMCRA and that the change satisfies the requirement of 30 CFR
920.16(a).
3. COMAR 26.20.06.02 Administrative Appeal. This section was
proposed to be deleted. The Director finds the above changes to COMAR
26.20.34.06, Procedure after Testimony is Concluded and COMAR
26.20.34.09, Award of Costs render this section unnecessary. The
Director adopts and incorporates by reference the April 26, 1991
findings (56 FR 19281) and finds that the deletion of the section will
not render the Maryland program less stringent than section 525 of
SMCRA or less effective that the federal regulations.
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. No comments were
received and 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. 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.
V. Director's Decision
Based on the above findings, the Director approves Maryland's
proposed amendment as submitted on August 25, 1998, and revised on
February 5, 1999. As discussed in the Director's Findings 1 and 2, the
Director is removing the required amendment at 30 CFR 920.16(a).
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
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 submittal 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 of 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: March 31, 1999.
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.
[[Page 17980]]
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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Date of final
Original amendment submission date publication Citation/description
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...................................
* * * * * * *
August 25, 1998...................... April 13, 1999......... COMAR 26.20.34.06G, 26.20.34.09G, deletion of 26.20.06.02.
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Sec. 920.16 [Amended]
3. Section 920.16 is amended by removing and reserving paragraph
(a).
[FR Doc. 99-9197 Filed 4-12-99; 8:45 am]
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