[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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