[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Rules and Regulations]
[Pages 33848-33851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13674]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 920
[MD-053-FOR]
Maryland Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the Maryland regulatory
program (the Maryland program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). The program amendment
consists of changes to the Annotated Code of Maryland as contained in
House Bill 893. The amendment requires the Department of the
Environment to take action for permit applications, permit revisions,
and revised applications within certain time periods. The amendment is
intended to require the timely review of applications for open-pit
mining permits.
DATES: Effective Date: June 17, 2004.
FOR FURTHER INFORMATION CONTACT: George Rieger, Telephone: (412) 937-
2153. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Maryland Program
II. Submission of the Proposed Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Maryland Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Maryland program on December 1, 1980. You
can find background information on the Maryland program, including the
Secretary's findings, the disposition of comments, and conditions of
approval in the December 1, 1980, Federal Register (45 FR 79430). You
can also find later actions concerning Maryland's program and program
amendments at 30 CFR 920.12, 920.15 and 920.16.
II. Submission of the Proposed Amendment
By letter dated January 7, 2004 (Administrative Record Number MD-
586-00), Maryland sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Maryland sent the amendment to include changes
made at its own initiative. The amendment consists of Maryland House
Bill 893, which was enacted to require the Department of the
Environment to review an application for an open-pit mining permit in a
timely manner. The bill revises the Annotated Code of Maryland, and
requires the Department of the Environment to take action for permit
applications, permit revisions, and revised applications within certain
time periods.
[[Page 33849]]
We announced receipt of the proposed amendment in the March 11,
2004, Federal Register (69 FR 11562). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on April 12, 2004. We received responses from two
Federal agencies.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment.
At section 15-505(d)(6), the words ``in a timely manner'' are added
to the end of the provision as follows:
(6) The Department shall review all aspects of the application,
including information pertaining to any other permit required from
the Department for the proposed strip mining operation in a timely
manner.
Section 15-505(d)(7) is amended by adding new (7)(i)1., (7)(i)2.,
(7)(i)2.A., (7)(i)2.B., and (7)(iii). As amended, section 15-505(d)(7)
provides as follows:
(7)(i) Upon completion of the review required by paragraph (6)
of this subsection, the Department shall grant, require modification
of, or deny the application for a permit and notify the applicant
and any participant to a public informational hearing, in writing,
of its decision:
1. Within 90 days after the date the Department determines that
an application for a new permit or an application for permit
revision that proposes significant alterations in the permit is
complete; or
2. Within 45 days after receiving:
A. A revised application for a new permit; or
B. An application for a permit revision that does not propose
significant alterations in the permit.
(ii) The applicant for a permit shall have the burden of
establishing that the application is in compliance with all of the
requirements of this subtitle and the rules and regulations issued
under this subtitle.
(iii) The Department may provide for one extension of the
deadlines in subparagraph (i) of this paragraph for up to 30 days by
notifying the applicant in writing prior to the expiration of the
original deadlines.
We find that these amendments are no less stringent than SMCRA
section 510(a). SMCRA section 510(a) provides that, on the basis of a
complete mining application and reclamation plan or a revision or
renewal thereof, the regulatory authority shall grant, require
modification of, or deny the application for a permit in a reasonable
time set by the regulatory authority. We find the proposed amendment at
15-505(d)(6), which requires the timely review of all aspects of the
application, to be in accordance with and no less stringent than SMCRA
section 510(a) and can be approved. In addition, we find that the time
limits and requirements at paragraphs 15-505(d)(7)(i)1. and 2., and the
possible extension of up to 30 days identified at 15-505(d)(7)(iii) are
reasonable and not inconsistent with section 510(a) of SMCRA and can be
approved.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Number MD-586-04), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Maryland program (Administrative
Record No. MD-586-01). We received a response from the Natural
Resources Conservation Service (NRCS) (Administrative Record Number MD-
586-03). The NRCS stated that it had no comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to get a
written concurrence from EPA for those provisions of the program
amendment that relate to air or water quality standards issued 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 amendments that
Maryland proposed to make in this amendment pertain to air or water
quality standards. Therefore, we did not ask EPA to concur on the
amendment.
Under 30 CFR 732.17(h)(11)(ii), we requested comments on the
amendment from EPA (Administrative Record Number MD-586-01). By letter
dated February 25, 2004, EPA stated that there are no apparent
inconsistencies with the Clean Water Act or other statutes under the
jurisdiction of EPA (Administrative Record No. MD-586-02).
V. OSM's Decision
Based on the above findings, we are approving the amendment that
Maryland forwarded to us on January 7, 2004.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 920, which codify decisions concerning the Maryland
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that Maryland's program demonstrate that it has the capability
of carrying out the provisions of the Act and meeting its purposes.
Making this regulation effective immediately will expedite that
process. SMCRA requires consistency of Maryland and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations''. Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with''
[[Page 33850]]
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve a Federal program involving
Indian tribes.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal that is the subject of this rule is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 920
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 20, 2004.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.
0
For the reasons set out in the preamble, 30 CFR part 920 is amended as
set forth below:
PART 920--MARYLAND
0
1. The authority citation for part 920 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
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 Citation/
date publication description
------------------------------------------------------------------------
* * * * * * *
January 7, 2004................. June 17, 2004..... M.C.A. Section 15-
505(d)(6),
(d)(7)(i)1.,
(d)(7)(i)2.,
(d)(7)(i)2.A.,
(d)(7)(i)2.B.,
and (d)(7)(iii).
------------------------------------------------------------------------
[FR Doc. 04-13674 Filed 6-16-04; 8:45 am]
BILLING CODE 4310-05-P