[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15863]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 920
Maryland Regulatory Program Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is announcing the approval of 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 a repeal of section 08.13.02 (Deep Mining of
Coal) of the Code of Maryland Regulations (COMAR). Regulations in the
repealed section necessary to regulate the deep mining of coal were
transferred to or already exist under new COMAR 08.20 (Surface Coal
Mining and Reclamation under Federally Approved Program). These
regulations include: COMAR 08.20.02.18 (Deep Mine Applications), COMAR
08.20.13 (Surface Effects of Deep Mines), and COMAR 08.20.14.13 (Deep
Mine Bonding Requirements). Maryland is also modifying or adding new
sections to subtitle 20 of Title 8 of the Maryland regulations. These
sections are 08.20.02.18, 08.20.13.01, 08.20.13.03, 08.20.13.04,
08.20.13.10, and 08.20.13.11. This amendment is intended to revise the
Maryland program to be consistent with the corresponding Federal
regulations.
EFFECTIVE DATE: June 30, 1994.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Acting Director, Harrisburg Field Office, 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 Findings
V. Director's Findings
VI. Procedural Determinations
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 conditions
of approval and program amendments can be found at 30 CFR 920.15 and
920.16.
II. Submission of Proposed Amendment
By letter dated February 25, 1994 (Administrative Record No. MD-
566.00), Maryland submitted a proposed amendment to its program
pursuant to SMCRA at its own initiative. Maryland proposed to repeal
COMAR 08.13.02 (Deep Mining of Coal) and transfer the deep mining
regulations to new COMAR 08.20 (Surface Coal Mining and Reclamation
Under Federally Approved Program). The regulations include: COMAR
08.20.02.18 (Deep Mine Applications), 08.20.13 (Surface Effects of Deep
Mines), and 08.20.14.13 (Deep Mine Bonding Requirements). Maryland is
also modifying or adding new sections to subtitle 20 of Title 8 of the
Maryland regulations. These sections are 08.20.02.18, 08.20.13.01,
08.20,13.03, 08.20.13.04, 08.20.13.10, and 08.20.13.11.
OSM announced receipt of the proposed amendment in the March 16,
1994, Federal Register (59 FR 12211), 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 April 15, 1994.
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.
Revisions to Maryland's Regulations That Are Not Substantively
Identical to the Corresponding Provisions of the Federal Regulations
1. COMAR 08.13.02--Deep Mining of Coal
Maryland is proposing to repeal COMAR 08.13.02 and to incorporate
or are duplicative of the requirements of those regulations which are
required to regulate the deep mining of coal into COMAR 08.20.02 and
COMAR 08.20.13. The specific revisions to COMAR 08.20 are discussed
below.
Those sections of COMAR 08.13.02 being repealed and incorporated
into COMAR 08.20.02 and 08.20.13 are: .01 (Definitions), .02
(Application Requirements), .03 (Contents--Maps), .04 (Mining and
Reclamation Plan), .05 (Projection Maps), .07 (Deep-Mining Bonds), .11
(Mine Opening Sealing), .12 (Barriers), .13 (Subsidence Control), .14
(Mine Operation), and .15 (Variances). The deletions of sections .06
(Application Review Procedures), .08 (Interim Permits), .09 (Flagging
or Marking Affected Areas), and .10 (Standards) were previously
approved by OSM on June 17, 1993 (58 FR 33331). In the same notice, OSM
also approved deletions of subsections .01B, E, M; .02C(2); and .03E,
J, M.
Because the provisions of COMAR 08.13.02 being repealed are
included in COMAR 08.20 except for 08.13.15 which has no comparable
Federal requirement, the Director finds that the proposed repeal of
COMAR 08.13.02 does not render the State program less effective than
the Federal regulations.
2. COMAR 08.20.02.18--Deep Mine Applications
Maryland is proposing to add COMAR 08.20.02.18 to specify certain
requirements for deep mine permit applications. In addition to the
general requirements for permit applications specified in COMAR
08.20.02, deep mine permit applications must include: (a) an
application fee, (b) an application for other required permits, (c)
certain mineral owner information, (d) a map of the proposed
underground portion of the affected area which provides certain
information, (e) cross-sections above the underground workings, (f) a
geologic structure map which provides certain information, (g) results
of laboratory analyses, if required, (h) information on existing
adjacent deep mines, (i) certain hydrologic information, and (j) any
other information requested by Maryland.
The Federal regulations at 30 CFR 783.24 and 783.25 specify the
minimum requirements for maps, cross sections, and plans in underground
mining permit applications. Since these application requirements are in
addition to, and do not supersede, those required under COMAR 08.20.02,
the Director finds them consistent with the Federal regulations at 30
CFR 783.24 and 783.25.
3. COMAR 08.20.13--Surface Effects of Deep Mines
(a) At COMAR 08.20.13.01, Maryland is proposing to change a
reference from COMAR 08.13.02 to the Natural Resources Article, Title
7, Subtitle 5A. This is necessitated by the proposed repeal of COMAR
08.13.02.
The Director finds that the proposed revision at COMAR 08.20.13.01
is not inconsistent with the requirements of SMCRA and the Federal
regulations.
(b) At COMAR 08.20.13.03 (C) and (D), Maryland is proposing to
require that all mine opening seals be designed using the best
technology currently available and that the design and construction be
certified by a registered professional engineer.
There is no direct Federal counterpart. However, the Federal
regulations at 30 CFR 817.15 require that underground openings be
properly managed in accordance with regulatory authority regulations.
The Director finds that the proposed regulations at COMAR 08.20.13.03
are consistent with the Federal regulations at 30 CFR 817.15.
(c) At COMAR 08.20.13.04(D), Maryland is proposing to require that
surface openings and accesses to underground workings be located to
prevent gravity discharge of water, unless certain demonstrations
relating to effluent limitations are made.
The proposed regulation at COMAR 08.20.13.04(D) is substantively
identical to the Federal regulation at 30 CFR 817.41(i) except that the
Federal rule prohibits any discharge from a drift mine. The Director
notes that Maryland does not have drift mines. The Director finds it is
no less effective than the Federal regulation.
(d) At COMAR 08.20.13.10(D), Maryland is proposing to prohibit
underground mining activities within the subjacent area where mining is
predicted to result in the subsidence of any public bridge.
The Federal regulations at 30 CFR 817.121(d) prohibit underground
mining activities beneath or adjacent to public facilities if
subsidence may cause material damage to those facilities. The Director
finds that the proposed regulations at COMAR 08.20.13.10 is consistent
with the Federal regulations at 30 CFR 817.121(d).
(e) At COMAR 08.20.13.11, Maryland is proposing to require that
barriers of solid coal be provided around the perimeter of the
underground mine area, except for approved entries. The barriers must
be able to support the overburden and withstand anticipated hydrostatic
pressure. The barriers must meet certain design and performance
standards which are enumerated in the Maryland regulation.
There is no direct Federal counterpart. However, the Federal
regulations at 30 CFR 817.121(a) require the operator to adopt measures
consistent with known technology which prevent subsidence, maximize
mine stability, and maintain the value of surface lands. The Director
finds that the proposed regulation at COMAR 08.20.13.11 is consistent
with the Federal regulations at 30 CFR 817.121(a).
(f) At COMAR 08.20.13.12, Maryland is proposing to establish
submission and content requirements for projection maps.
There is no direct Federal counterpart for this regulation.
However, the Director finds that the regulation is not inconsistent
with the requirements of SMCRA and the Federal regulations.
4. COMAR 08.20.14.13--Deep Mine Bonding Requirements
At COMAR 08.20.14.13(A), Maryland is proposing to delete a
reference pertaining to the submission of a general and a revegetation
bond. In the same section, a reference to COMAR 08.13.02.07 (which is
being repealed) is also being deleted. At subsection (C), Maryland is
proposing to delete a provision that limits the period of liability for
those portions of a deep mine that continuously disturb the surface for
a period exceeding five years to the term of the deep mine permit,
which is a five year maximum period. Also proposed for deletion at
subsection (E), are provisions pertaining to bond liability for mine
drainage.
The Federal regulations at 30 CFR 800.17 pertaining to bonding
requirements for underground coal mines contain no comparable
provisions. Therefore, the Director finds that the proposed deletions
at COMAR 08.20.14.13(A), (C), and (E) do not render the Maryland State
program less effective than the Federal regulations.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided opportunity for
a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to testify at a
public hearing, no hearing was held.
Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from the Administrator of the U.S.
Environmental Protection Agency (EPA), the Secretary of the U.S.
Department of Agriculture, and the heads of other Federal agencies with
an actual or potential interest in the Maryland program.
The Department of Labor, Mine Safety and Health Administration,
commented on provisions of COMAR 08.13.02.10 and 08.13.02.12 and the
applicable Mine Safety and Health Administration (MSHA) requirements.
The Director notes that the provisions of COMAR 08.13.02 are being
repealed as discussed in Finding 1. Those provisions incorporated into
COMAR 08.20.02 and 08.20.13 are found to be no less effective than the
Federal regulations. The Director acknowledges MSHA's comments but
according to 516(a) and 702 of SMCRA, the cited Maryland regulation
cannot be construed as superseding, amending or repealing any MSHA
regulation.
The Department of the Army, Corps of Engineers, recommended that in
COMAR 08.13.02.13A and 08.20.13.10D, water impoundments be included
with public bridges as areas on which mining should be prohibited if
subsidence is likely to occur. The Director notes that the provisions
of COMAR 08.13.02 are being repealed as discussed in Finding 1.
Further, in COMAR 08.20.13.10A, Maryland generally prohibits
underground mining beneath impoundments having a storage volume of 20
acre-feet or more.
The Department of Interior, Bureau of Mines, concurred without
comment.
Environmental Protection Agency (EPA) Concurrence
Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain
the written concurrence of the Administrator of the EPA with respect to
any provisions of a State program amendment that relate to air or water
quality standards promulgated under the authority of the Clean Air Act
(42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251 et
seq.). Although the Director has determined that this amendment
contains no provisions in these categories and that EPA's concurrence
is not required, the EPA concurred without comment.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Maryland on February 25, 1994.
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 final 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
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.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 23, 1994.
Robert J. Biggi,
Acting Assistant Director Eastern Support 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 (y) to read as
follows:
Sec. 920.15 Approval of amendments to State regulatory program.
* * * * *
(y) The following amendment pertaining to the Maryland regulatory
program, as submitted to OSM on February 25, 1994, is approved
effective June 30, 1994.
(1) Deletion of the following rules of the Code of Maryland
Administrative Regulations:
08.13.02.01 Definitions
08.13.02.02 Application Requirements
08.13.02.03 Contents--MAPS
08.13.02.04 Mining and Reclamation Plan
08.13.02.05 Projection Maps
08.13.02.07 Deep-Mining Bonds
08.13.02.11 Mine Opening Sealing
08.13.02.12 Barriers
08.13.02.13 Subsidence Control
08.13.02.14 Mine Operation
08.13.02.15 Variances
(2) Revision or addition of the following rules of the Code of
Maryland Administrative Regulations:
08.20.02.18 Deep Mine Applications
08.20.13.01 General
08.20.13.03(C) and (D) Permanent Casing and Sealing of Underground
Openings
08.20.13.04(D) Face-Up Areas
08.20.13.10(D) Subsidence Control: Buffer Zones
08.20.13.11 Barriers
08.20.13.12 Projection Maps
08.20.14.13(A), (C), and (E) Deep Mine Bonding Requirements.
[FR Doc. 94-15863 Filed 6-29-94; 8:45 am]
BILLING CODE 4310-05-M
