Maryland Regulatory Program Amendment

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.

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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repealed section necessary to regulate the deep mining of coal were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]

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