[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]



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


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.

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

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

----------------------------------------------------------------------------------------------------------------
      State regulation                         Subject                             Federal counterpart          
----------------------------------------------------------------------------------------------------------------
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).                           
----------------------------------------------------------------------------------------------------------------


    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