Permanent program and abandoned mine land reclamation plan submissions: Maryland,
[Federal Register: September 21, 1998 (Volume 63, Number 182)]
[Proposed Rules]
[Page 50176-50177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se98-28]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement (OSM)
30 CFR Part 920
[MD-045-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement. DOI.
ACTION: Proposed rule; public comment period and opportunity for public hearing.
SUMMARY: OSM is announcing the receipt of 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), 30 U.S.C. 1201 et seq., as amended. This proposed amendment provides that administrative review and award of costs decisions formerly appealed to the Board of Review will now be reviewed in accordance with State Government Article, Sec. 10-215, Annotated Code of Maryland. 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., October 21, 1998. If requested, a public hearing on the proposed amendment will be held on October 16, 1998. Requests to speak at the hearing must be received by 4:00 p.m., E.D.T., on October 6, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should be mailed or hand delivered to George Rieger, Manager, 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 contracting OSM's Appalachian Regional Coordinating Center.
George Rieger, Manager, Pittsburgh Oversight and Inspection Office, OSM, Appalachian Regional Coordinating Center, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153, Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 21532, Telephone: (301) 689-4136.
FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Appalachian Regional Coordinating Center, at (412) 937-2153.
SUPPLEMENTARY INFORMATION:
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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.
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Description of the Proposed Amendment
By letter dated August 25, 1998, (Administrative Record No. MD-580- 00), the Maryland Department of the Environment (MDDOE) submitted the proposed amendment to its program. This proposal supersedes an existing proposed amendment Maryland submitted on May 7, 1991, to satisfy the requirements of 30 CFR 920.16(a). The 1991 proposed amendment resulted in a final rule published in the Federal Register on January 10, 1992, (57 FR 1104) approving the revisions. The final rule indicated that 30 CFR 920.16(a) was removed and reserved. However, Maryland did not promulgate the revisions approved by OSM. Since that time, the Bureau of Mines has been transferred from the Department of Natural Resources to the Department of the Environment and the Code of Maryland Regulations (COMAR) has been recodified. The Board of Review was abolished in 1990 and the right to appeal administrative review and award of costs decisions is now authorized by Sec. 10-215 of the State Government Article.
The provisions of COMAR that Maryland proposed to amend are as follows:
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COMAR 26.20.34.06 Procedure after Testimony is Concluded.
In Section G. Maryland proposes to delete the phrase, ``may appeal the decision to the Board of Review pursuant to COMAR 08.16.01'' and replace it with the phrase, ``is entitled to judicial review in accordance with State Government Article, Sec. 10-215, Annotated Code of Maryland.''
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COMAR 26.20.34.09 Award of Costs.
In Section G. Maryland proposes to delete the phrase, ``may appeal to the Board of Review pursuant to COMAR 08.16.01'' and replaces it with the phrase, ``is entitled to judicial review in accordance with State Government Article, Sec. 10-215, Annotated Code of Maryland.''
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COMAR 26.20.06.02 Administrative Appeal.
This section has been deleted.
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Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is now seeking comment on whether the amendment proposed by Maryland satisfies the applicable requirements for the approval of State program amendments. 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 Appalachian Regional Coordinating Center will not necessarily be considered in the final rulemaking or included in the Administrative Record.
Public Hearing
Persons wishing to comment at the public hearing should contact the person listed under FOR FURTHER INFORMATION CONTACT by close of business on October 6, 1998. If no one requests an opportunity to comment at a public hearing, the hearing will not be held.
[[Page 50177]]
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 comment have been heard. Persons in the audience who have not been scheduled to comment and who wish to do so will be heard following those scheduled. The hearing will end after all persons who desire to comment have been heard.
Public Meeting
If only one person requests an opportunity to comment 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.
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Procedural Determinations
Executive Order 12866
This proposed 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 3 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 in the analyses 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 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 10, 1998. Allen D, Klein, Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-25117Filed9-18-98; 8:45 am]
BILLING CODE 4310-05-P
