Maryland Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-040-FOR]

Maryland Regulatory Program

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

Interior.

[[Page 14307]]

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 and additions to its statutes

pertaining to permit revocation, reinstatement, and reissuance. The

amendment is intended to revise the Maryland program to be consistent

with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: March 26, 1997.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Program Manager, OSM, Appalachian Regional Coordinating

Center, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-

2153.

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 August 5, 1996, (Administrative Record No. MD-

575.00) Maryland submitted a proposed amendment to its program pursuant

to SMCRA at its own initiative. House Bill 1124, enacted on May 14,

1996, revises the provisions of Chapter 522 of the Annotated Code of

Maryland (Code) that pertain to surface coal mining. By letter dated

November 26, 1996, (Administrative Record No. MD-575.03), Maryland

clarified certain provisions of the proposed amendment. Because the

information was explanatory in nature and did not constitute a major

revision of the original submission, OSM did not reopen the comment

period.

OSM announced receipt of the proposed amendment in the August 28,

1996, Federal Register (61 FR 44258), 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 September 27, 1996.

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 and paragraph notations to reflect

organizational changes resulting from this amendment.

Annotated Code of Maryland--Chapter 0522--Surface Coal Mining--Permit

Revocation--Reinstatement

At section 15-514(a)(4), Maryland provides that if the Director

revokes a permit and forfeits a bond, the operator of the permit

forfeits: all rights and claims to the permit, all materials furnished

with the permit application, and any subsequent amendments to the

permit. The Director finds that the proposed revisions are not

inconsistent with the general Federal requirements for permits at 30

CFR Part 773.

At new section 15-514.1, Maryland provides for the reinstatement

and reissuance of revoked permits. At subsection (A), ``permit'' is

defined to include all areas approved in the mining application. At

subsection (B), a permit that has been revoked may be reinstated for

the sole purpose of reissuing all or part of the permit to another

qualified operator in accordance with subsection (C). At subsection

(C), in order to qualify for a reissued permit, the operator shall:

provide proof of the right to mine; enter into an agreement with the

State to assume the duties and responsibilities of the permit and

conduct mining operations in accordance with applicable requirements,

regulations, and permit conditions; file the required performance bond;

and provide any other required information to reissue the permit.

In its letter dated November 26, 1996, Maryland stated that its

procedures for processing and reissuing a revoked permit will track the

procedures for the transfer, sale, or assignment of permit rights

specified in the Code of Maryland Administrative Regulations (COMAR) at

26.20.07.04. The applicant will be required to: submit an application

for reissuance of a permit; comply with public notice requirements; and

post a performance bond. Approval of the permit will be in accordance

with the provisions of COMAR 26.20.07.04D.

The Director finds that the proposed revisions, when read with the

corresponding regulations at COMAR 26.20.07.04, are not inconsistent

with the general Federal provisions for the transfer, assignment, or

sale of permits at 30 CFR 774.17.

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. No comments were

received and 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.).

None of the revisions that Maryland proposed to make in this amendment

pertains to air or water quality standards. Therefore, OSM did not

request EPA's concurrence.

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.

V. Director's Decision

Based on the above findings, the Director approves Maryland's

proposed amendment as submitted on August 5, 1996, and supplemented

with additional explanatory information on November 26, 1996.

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

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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 12988

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12988 (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 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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 Part CFR 920

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 5, 1997.

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 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

date publication Citation/description

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* * * * * * *

August 5, 1996................ March 26, 1997... M.C.A. Secs. 15-

514(a)(4), 15-514.1.

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[FR Doc. 97-7535 Filed 3-25-97; 8:45 am]

BILLING CODE 4310-05-M