# Maryland Regulatory Program > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-7535 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** March 26, 1997 - **Citation:** 62 FR 14306 ## Text 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. ----------------------------------------------------------------------- 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 [[Page 14308]] 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. * * * * * ------------------------------------------------------------------------ Original amendment submission Date of final date publication Citation/description ------------------------------------------------------------------------ * * * * * * * August 5, 1996................ March 26, 1997... M.C.A. Secs. 15- 514(a)(4), 15-514.1. ------------------------------------------------------------------------ [FR Doc. 97-7535 Filed 3-25-97; 8:45 am] BILLING CODE 4310-05-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-7535. Public record. Not legal advice.