Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 920

[MD-038-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 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.

EFFECTIVE DATE: November 9, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Biggi, Director, Harrisburg Field Office, OSM, 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 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 June 16, 1995, (Administrative Record No. MD-

572.00) Maryland submitted a proposed amendment to its program pursuant

to SMCRA at its own initiative. Maryland proposed to revise its SOAP

provisions in the Annotated Code of Maryland (Code) to incorporate the

provisions of House Bill 945 approved on May 18, 1995, by the Governor

of Maryland and in the Code of Maryland Regulations (COMAR).

Specifically, the code has been revised to delete the portion of

existing section 7-505(c)(4) which refers to SOAP operator eligibility.

This provision is proposed to be added to section 7-515. Also, the Code

has been revised to delete the provisions of existing section 7-515

which specified alternative permit procedures for coal mining

operations of two acres or less. The revised provisions at 7-515

provide that, upon written request of the operator, the Department of

Natural Resources (Department) will assume the cost of certain,

specified activities for those operations where probable total annual

production at all locations will not exceed 300,000 tons. The

Department is also required to either provide training to or assume the

cost of training coal operators in the preparation of permit

applications and compliance requirements. If the operator's annual

production of coal exceeds 300,000 tons, the operator is required to

reimburse the Department for any assistance received. The corresponding

regulations at COMAR 08.20.16.02A have been revised to specify the

services that will be provided by a qualified laboratory and reimbursed

by the Department to qualified operators. The eligibility for

assistance provisions at COMAR 08.20.16.03A have been revised to

increase the total annual coal production limit from 100,000 tons to

300,000 tons. COMAR 08.20.16.02B has been revised to increase the

percentage of ownership for production purposes in an operation either

by the applicant or others from 5% to 10%. The applicant liability

provisions at COMAR 08.20.16.08A have been revised to require that if

the operator's annual production of coal during the 12 months

immediately following the date on which the operator is issued the

permit exceeds 300,000 tons, the operator is required to reimburse the

Department for the cost of services specified in section .02A. The same

requirement applies if the operator sells, transfers, or assigns the

permit to another person and the transferee's total production exceeds

300,000 tons.

OSM announced receipt of the proposed amendment in the July 13,

1995, Federal Register (60 FR 36080) 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 August 14, 1995.

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.

A. Revisions to Maryland's Statutes and Regulations That Are

Substantively Identical to the Corresponding Provisions of the Federal

Statutes and Federal Regulations

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State regulation Subject Federal counterpart

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COMAR 08.20.16.02A.......... Program Services........................ 30 CFR 795.9 (a), (b).

COMAR 08.20.16.03A.......... Eligibility............................. 30 CFR 795.6(a)(2).

COMAR 08.20.16.03B.......... Eligibility............................. 30 CFR 795.6(a)(2) (i), (ii).

COMAR 08.20.16.08 A, B...... Applicant Liability..................... 30 CFR 795.12(a) (2), (3).

Code 7-515(A) (1), (3)-(6).. Operator Assistance..................... SMCRA 507(c)(1).

[[Page 56522]]

Code 7-515(B)............... Training................................ SMCRA 507(c)(2).

Code 7-515(C)............... Reimbursement........................... SMCRA 507(h).

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Because the above proposed revisions are identical in meaning to

the corresponding Federal statutes and regulations, the Director finds

that Maryland's proposed rules are no less stringent than SMCRA and no

less effective than the Federal rules.

B. Revisions to Maryland's Statutes That Are Not Substantively

Identical to the Corresponding Provisions of the Federal Statutes

1. Maryland deleted existing section 7-515 of its Code which

authorized alternative permit procedures for small coal mining

operations of two acres or less. New section 7-515 pertains to SOAP

provisions. The Director finds that the proposed deletion does not

render the Maryland program less effective than the Federal

regulations. At section 7-505(c)(4), Maryland also deleted the

requirement that the cost of analysis of test borings or core samplings

and the determination of probable hydrologic consequences will be

assumed by the Department upon the request of an operator for those

operations where probable total annual production at all locations will

not exceed 300,000 tons. This requirement was transferred to revised 7-

515. The Director finds that the proposed deletion does not render the

Maryland program less effective than the Federal regulations.

2. At section 7-515(A)(2), Maryland includes a cross-reference to

section 7-505(C)(7) pertaining to maps and plans. The Director notes

that the maps and plans required by 7-505(C)(7) differ from those

required at section 507(b)(14) of SMCRA. However, at COMAR

08.20.16.02(A)(3), Maryland includes the correct cross-reference to the

regulations at COMAR 08.20.02.11. The Director, therefore, finds the

proposed revision at COMAR 08.20.16.02(A)(3) no less effective than the

Federal regulations at 30 CFR 795.9(b)(3). The cross-reference to 7-

505(c)(7) which pertains to reclamation plans, is approved only to the

extent that it authorizes use of SOAP funding for the preparation of

cross-sections, maps, and plans authorized by section 507(b)(14) of

SMCRA and 30 CFR 795.9(b).

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.

One public comment was received in support of the amendment.

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.).

On June 23, 1995, OSM solicited EPA's concurrence with the proposed

amendment. On August 16, 1995, EPA gave its written concurrence

(Administrative Record No. MD-572.04).

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment submitted by Maryland on June 16, 1995.

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 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

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

[[Page 56523]]

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.

List of Subjects in 30 CFR Part 920

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 20, 1995.

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 by adding paragraph (bb) to read as

follows:

Sec. 920.15 Approval of regulatory program amendments.

* * * * *

(bb) The following amendment, as submitted to OSM on June 16, 1995,

is approved effective November 9, 1995.

The amendment consists of revisions to the following statutes in

the Annotated Code of Maryland (Code) and regulations in the Code of

Maryland Regulations (COMAR):

Code 7-505............................ Small Operators Assistance

Program.

Code 7-515............................ Small Operators Assistance

Program (cross-reference to 7-

505(c)(7) which pertains to

reclamation plans, is approved

only to the extent that it

authorizes use of SOAP funding

for the preparation of cross-

sections, maps, and plans

authorized by section

507(b)(14) of SMCRA and 30 CFR

795.9(b)).

COMAR................................. Program Services.

08.20.16.02A..........................

COMAR................................. Eligibility for Assistance.

08.20.16.03A, B.......................

COMAR................................. Applicant Liability.

08.20.16.08A, B.......................

[FR Doc. 95-27808 Filed 11-8-95; 8:45 am]

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