Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-039-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 changes to provisions of the Maryland

rules and statutes pertaining to remining. The amendment is intended to

revise the Maryland program to be consistent with the corresponding

Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m. E.S.T. December

27, 1995. If requested, a public hearing on the proposed amendment will

be held on December 22, 1995. Requests to speak at the hearing must be

received by 4:00 p.m., E.S.T., on December 12, 1995.

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

be mailed or hand delivered to Robert J. Biggi, 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.

Robert J. Biggi, Director, Harrisburg Field Office, Office of Surface

Mining Reclamation and Enforcement, Harrisburg Transportation Center,

Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, PA 17101.

Telephone: (717) 782-4036.

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

21532. Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg Field Office, Telephone: (717)

782-4036.

SUPPLEMENTARY INFORMATION:

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

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

CFR 920.12, 920.15, and 920.16.

II. Description of the Proposed Amendment

By letter dated October 26, 1995 (Administrative Record No. MD-

573.00), Maryland submitted a proposed amendment to its program

pursuant to SMCRA at its own initiative. The remining provisions of the

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

(COMAR) that Maryland proposes to amend are: Sections 7-501, 7-505, and

7-511 of the Code which implements the provisions of House Bill 1136

pertaining to lands eligible for remining and COMAR 08.20.14--Release

of Bonds on Remining Areas.

Specifically, Maryland proposes to: (a) Limit the period of

operator responsibility for successful revegetation to two full years

on lands eligible for coal remining and five full years for any

reported area other than lands eligible for coal remining, (b) define

``land eligible for remining'' as ``any land that would otherwise be

eligible for expenditures under subtitle 9 of this title,'' (c)

prohibit the issuance of a strip mining permit on slopes of 20 degrees

or more from the horizontal except in the case of a land eligible for

remining when the land could be restored to its original contour, (d)

delete definitions of ``net project construction cost'' and ``project

construction cost,'' and (e) establish regulations for the release of

bonds on remining areas.

III. Public Comment Procedures

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

seeking comments on 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

[[Page 58320]]

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.S.T. on December 12, 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 as it 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 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

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: November 9, 1995.

David G. Simpson,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 95-28863 Filed 11-24-95; 8:45 am]

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