[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Rules and Regulations]
[Pages 33848-33851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13674]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-053-FOR]


Maryland Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We are approving an amendment to the Maryland regulatory 
program (the Maryland program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). The program amendment 
consists of changes to the Annotated Code of Maryland as contained in 
House Bill 893. The amendment requires the Department of the 
Environment to take action for permit applications, permit revisions, 
and revised applications within certain time periods. The amendment is 
intended to require the timely review of applications for open-pit 
mining permits.

DATES: Effective Date: June 17, 2004.

FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (412) 937-
2153. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program
II. Submission of the Proposed Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Maryland Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Maryland program on December 1, 1980. You 
can find background information on the Maryland program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the December 1, 1980, Federal Register (45 FR 79430). You 
can also find later actions concerning Maryland's program and program 
amendments at 30 CFR 920.12, 920.15 and 920.16.

II. Submission of the Proposed Amendment

    By letter dated January 7, 2004 (Administrative Record Number MD-
586-00), Maryland sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Maryland sent the amendment to include changes 
made at its own initiative. The amendment consists of Maryland House 
Bill 893, which was enacted to require the Department of the 
Environment to review an application for an open-pit mining permit in a 
timely manner. The bill revises the Annotated Code of Maryland, and 
requires the Department of the Environment to take action for permit 
applications, permit revisions, and revised applications within certain 
time periods.

[[Page 33849]]

    We announced receipt of the proposed amendment in the March 11, 
2004, Federal Register (69 FR 11562). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy. We did not hold a 
public hearing or meeting because no one requested one. The public 
comment period ended on April 12, 2004. We received responses from two 
Federal agencies.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment.
    At section 15-505(d)(6), the words ``in a timely manner'' are added 
to the end of the provision as follows:

    (6) The Department shall review all aspects of the application, 
including information pertaining to any other permit required from 
the Department for the proposed strip mining operation in a timely 
manner.

    Section 15-505(d)(7) is amended by adding new (7)(i)1., (7)(i)2., 
(7)(i)2.A., (7)(i)2.B., and (7)(iii). As amended, section 15-505(d)(7) 
provides as follows:

    (7)(i) Upon completion of the review required by paragraph (6) 
of this subsection, the Department shall grant, require modification 
of, or deny the application for a permit and notify the applicant 
and any participant to a public informational hearing, in writing, 
of its decision:
    1. Within 90 days after the date the Department determines that 
an application for a new permit or an application for permit 
revision that proposes significant alterations in the permit is 
complete; or
    2. Within 45 days after receiving:
    A. A revised application for a new permit; or
    B. An application for a permit revision that does not propose 
significant alterations in the permit.
    (ii) The applicant for a permit shall have the burden of 
establishing that the application is in compliance with all of the 
requirements of this subtitle and the rules and regulations issued 
under this subtitle.
    (iii) The Department may provide for one extension of the 
deadlines in subparagraph (i) of this paragraph for up to 30 days by 
notifying the applicant in writing prior to the expiration of the 
original deadlines.

    We find that these amendments are no less stringent than SMCRA 
section 510(a). SMCRA section 510(a) provides that, on the basis of a 
complete mining application and reclamation plan or a revision or 
renewal thereof, the regulatory authority shall grant, require 
modification of, or deny the application for a permit in a reasonable 
time set by the regulatory authority. We find the proposed amendment at 
15-505(d)(6), which requires the timely review of all aspects of the 
application, to be in accordance with and no less stringent than SMCRA 
section 510(a) and can be approved. In addition, we find that the time 
limits and requirements at paragraphs 15-505(d)(7)(i)1. and 2., and the 
possible extension of up to 30 days identified at 15-505(d)(7)(iii) are 
reasonable and not inconsistent with section 510(a) of SMCRA and can be 
approved.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record Number MD-586-04), but did not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Maryland program (Administrative 
Record No. MD-586-01). We received a response from the Natural 
Resources Conservation Service (NRCS) (Administrative Record Number MD-
586-03). The NRCS stated that it had no comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to get a 
written concurrence from EPA for those provisions of the program 
amendment that relate to air or water quality standards issued 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 amendments that 
Maryland proposed to make in this amendment pertain to air or water 
quality standards. Therefore, we did not ask EPA to concur on the 
amendment.
    Under 30 CFR 732.17(h)(11)(ii), we requested comments on the 
amendment from EPA (Administrative Record Number MD-586-01). By letter 
dated February 25, 2004, EPA stated that there are no apparent 
inconsistencies with the Clean Water Act or other statutes under the 
jurisdiction of EPA (Administrative Record No. MD-586-02).

V. OSM's Decision

    Based on the above findings, we are approving the amendment that 
Maryland forwarded to us on January 7, 2004.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 920, which codify decisions concerning the Maryland 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that Maryland's program demonstrate that it has the capability 
of carrying out the provisions of the Act and meeting its purposes. 
Making this regulation effective immediately will expedite that 
process. SMCRA requires consistency of Maryland and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that 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 because 
each 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 
the Federal regulations at 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations''. Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with''

[[Page 33850]]

regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
The basis for this determination is that our decision is on a State 
regulatory program and does not involve a Federal program involving 
Indian tribes.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal that is the subject of this rule is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 20, 2004.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.


0
For the reasons set out in the preamble, 30 CFR part 920 is amended as 
set forth below:

PART 920--MARYLAND

0
1. The authority citation for part 920 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


0
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         Citation/
              date                    publication         description
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                              * * * * * * *
January 7, 2004.................  June 17, 2004.....  M.C.A. Section 15-
                                                       505(d)(6),
                                                       (d)(7)(i)1.,
                                                       (d)(7)(i)2.,
                                                       (d)(7)(i)2.A.,
                                                       (d)(7)(i)2.B.,
                                                       and (d)(7)(iii).
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[FR Doc. 04-13674 Filed 6-16-04; 8:45 am]
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