[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14306-14308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7535]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-040-FOR]


Maryland Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.


[[Page 14307]]


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 and additions to its statutes 
pertaining to permit revocation, reinstatement, and reissuance. The 
amendment is intended to revise the Maryland program to be consistent 
with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: March 26, 1997.

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 5, 1996, (Administrative Record No. MD-
575.00) Maryland submitted a proposed amendment to its program pursuant 
to SMCRA at its own initiative. House Bill 1124, enacted on May 14, 
1996, revises the provisions of Chapter 522 of the Annotated Code of 
Maryland (Code) that pertain to surface coal mining. By letter dated 
November 26, 1996, (Administrative Record No. MD-575.03), Maryland 
clarified certain provisions of the proposed amendment. Because the 
information was explanatory in nature and did not constitute a major 
revision of the original submission, OSM did not reopen the comment 
period.
    OSM announced receipt of the proposed amendment in the August 28, 
1996, Federal Register (61 FR 44258), 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 September 27, 1996.

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 and paragraph notations to reflect 
organizational changes resulting from this amendment.

Annotated Code of Maryland--Chapter 0522--Surface Coal Mining--Permit 
Revocation--Reinstatement

    At section 15-514(a)(4), Maryland provides that if the Director 
revokes a permit and forfeits a bond, the operator of the permit 
forfeits: all rights and claims to the permit, all materials furnished 
with the permit application, and any subsequent amendments to the 
permit. The Director finds that the proposed revisions are not 
inconsistent with the general Federal requirements for permits at 30 
CFR Part 773.
    At new section 15-514.1, Maryland provides for the reinstatement 
and reissuance of revoked permits. At subsection (A), ``permit'' is 
defined to include all areas approved in the mining application. At 
subsection (B), a permit that has been revoked may be reinstated for 
the sole purpose of reissuing all or part of the permit to another 
qualified operator in accordance with subsection (C). At subsection 
(C), in order to qualify for a reissued permit, the operator shall: 
provide proof of the right to mine; enter into an agreement with the 
State to assume the duties and responsibilities of the permit and 
conduct mining operations in accordance with applicable requirements, 
regulations, and permit conditions; file the required performance bond; 
and provide any other required information to reissue the permit.
    In its letter dated November 26, 1996, Maryland stated that its 
procedures for processing and reissuing a revoked permit will track the 
procedures for the transfer, sale, or assignment of permit rights 
specified in the Code of Maryland Administrative Regulations (COMAR) at 
26.20.07.04. The applicant will be required to: submit an application 
for reissuance of a permit; comply with public notice requirements; and 
post a performance bond. Approval of the permit will be in accordance 
with the provisions of COMAR 26.20.07.04D.
    The Director finds that the proposed revisions, when read with the 
corresponding regulations at COMAR 26.20.07.04, are not inconsistent 
with the general Federal provisions for the transfer, assignment, or 
sale of permits at 30 CFR 774.17.

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. 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.). 
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.
    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.

V. Director's Decision

    Based on the above findings, the Director approves Maryland's 
proposed amendment as submitted on August 5, 1996, and supplemented 
with additional explanatory information on November 26, 1996.
    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

[[Page 14308]]

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 2 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 
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 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 or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 Part CFR 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 5, 1997.
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 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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------------------------------------------------------------------------
 Original amendment submission    Date of final                         
             date                  publication      Citation/description
------------------------------------------------------------------------
                                                                        
      *         *         *         *         *         *         *     
August 5, 1996................  March 26, 1997...  M.C.A. Secs.  15-    
                                                    514(a)(4), 15-514.1.
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[FR Doc. 97-7535 Filed 3-25-97; 8:45 am]
BILLING CODE 4310-05-M