[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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repealed section necessary to regulate the deep mining of coal were 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