Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-038-FOR]

Maryland Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the

Maryland regulatory program (hereinafter the ``Maryland program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The proposed amendment consists of revisions to the Maryland 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.

DATES: Written comments must be received by 4:00 p.m., E.D.T., August

14, 1995. If requested, a public hearing on the proposed amendment will

be held on August 7, 1995. Requests to speak at the hearing must be

received by 4:00 p.m., E.D.T., on July 28, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to George Rieger, Acting Director, at the

address listed below.

Copies of the Maryland program, the proposed amendment, a listing

of any scheduled public hearings, and all written comments received in

response to this document will be available for public review at the

addresses listed below during normal business hours, Monday through

Friday, excluding holidays. Each requester may receive one free copy of

the proposed amendment by contacting OSM's Harrisburg Field Office.

George Rieger, Acting Director, Harrisburg Field Office, Office of

Surface Mining Reclamation and Enforcement, Harrisburg Transportation

Center, Third Floor, Suite 3C, 4th and Market Streets, Harrisburg,

Pennsylvania 17101, Telephone: (717) 782-4036.

Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland

21532, Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT: George Rieger, Acting Director,

Harrisburg Field Office, Telephone: (717) 782-4036.

SUPPLEMENTARY INFORMATION:

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 the

conditions of approval and program amendments can be found at 30 CFR

920.15 and 920.16.

II. Description 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. The provisions of the

Annotated Code of Maryland (Code) and the Code of Maryland Regulations

(COMAR) that Maryland proposes to amend are: 7-505(c)(4) and 7-515 of

the Code which implements the provisions of House Bill 945 and COMAR

08.20.16.02A, 08.20.16.03A and B, 08.20.16.08A-C.

Specifically, Maryland proposes to repeal alternative permit

procedures for small coal mining operations of two acres or less and

authorize the Department of Natural Resources to assume the cost for

additional specified application items. Additionally, Maryland proposes

to change the eligibility for assistance limit on annual coal

production from 100,000 tons to 300,000 tons. The production limit

applies to the 12 months immediately following the date on which the

permit was originally issued. The percentage of ownership for

production purposes is also increased from 5 percent to 10 percent.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comment son whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Maryland program.

Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Harrisburg Field Office will

not necessarily be considered in the final rulemaking or included in

the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

E.D.T. on July 28, 1995. The location and time of the hearing will be

arranged with those persons requesting the hearing. If no one requests

an opportunity to speak at the public hearing, the hearing will not be

held.

Filing of a written statement at the time of the hearing is

requested a sit will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish

[[Page 36081]]

to do so, will be heard following those who have been scheduled. The

hearing will end after all persons scheduled to speak and persons

present in the audience who wish to speak have been heard.

Any disabled individual who has need for a special accommodation to

attend a public hearing should contact the individual listed under FOR

FURTHER INFORMATION CONTACT.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the Administrative Record.

IV. 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

In 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

Interfovernmental relations, Surface mining, Underground mining.

Dated: July 5, 1995.

Allen D. Klein,

Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 95-17168 Filed 7-12-95; 8:45 am]

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