[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16657]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

 

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 establishes minimum engineering design standards 
to provide the 1.3 minimum static safety factor for a normal pool with 
steady state seepage conditions in lieu of engineering tests for small 
impoundments that are not a safety hazard. The amendment will provide 
an optional approach to determine the 1.3 minimum static factor for 
small, non-hazardous impoundments not built of or impounding coal mine 
waste. 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.], August 
10, 1994. If requested, a public hearing on the proposed amendment will 
be held on August 5, 1994. Requests to speak at the hearing must be 
received by 4:00 p.m., [E.D.T.], on July 26, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to George Rieger, Acting Director, at the 
address listed below.
    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.
    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.

George J. Rieger, Acting Director, Harrisburg Field Office, Office 
of Surface Mining Reclamation and Enforcement, Harrisburg 
Transportation Center, Third Floor, Suite 3C, 4th and Market 
Streets, Harrisburg, Pennsylvania 17101, Telephone: (717) 782-4036.

Maryland Bureau of Mines, 160 South Water Street, Frostburg, 
Maryland 21532, Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT:
George Rieger, Acting Director, Harrisburg Field Office, Telephone: 
(717) 782-4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

    On February 18, 1982, the Secretary of the Interior 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 February 18, 1982, 
Federal Register (47 FR 7214). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
920.15 and 920.16.

II. Description of the Proposed Amendment

    On June 22, 1993, OSM published a final rule (58 FR 33910) for 
Maryland program amendment (Administrative Record Numbers MD-549.00 and 
MD-539.16) concerning hydrologic balance, ponds and sediment control 
measures, and civil penalties. The Director approved the program 
amendment except for COMAR 08.09.13.24H(3)(c). The intent of proposed 
08.09.13.24H(3)(c) was to establish engineering design standards in 
lieu of engineering tests to ensure a 1.3 minimum safety factor for 
small non-hazardous impoundments that are not constructed with or 
impound coal mine waste and not subject to the requirements of 30 CFR 
77.216(a).
    The Director found that COMAR 08.13.09.24H(3)(c) was deficient in 
two areas. First, the soil strength values used in the stability 
analysis defined dry density and optimum moisture content values 
associated with them but did not specify the moisture content of the 
fill material necessary to achieve the required density through 
compaction. Secondly, the phreatic surface defined in the analysis did 
not reflect normal pool conditions under a ``worst case'' scenario.
    By letters dated May 16, 1994, and June 23, 1994 (Administrative 
Record Number MD-569.00), Maryland submitted a program amendment to 
satisfy OSM's concerns delineated in the June 22, 1993, final rule. The 
amendment adds COMAR 08.13.09.24h(1)(q) requiring the material used in 
the construction of the impoundment to have sufficient moisture content 
to achieve proper compaction. The amendment also revises the stability 
analysis to support COMAR 08.13.09.24H(3)(c) to represent normal pool 
conditions under a worst case scenario.

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 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.D.T.] on July 26, 1994. 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.

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 
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.

List of Subjects in 30 CFR Part 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 1, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-16657 Filed 7-8-94; 8:45 am]
BILLING CODE 4310-05-M