[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27978]


[[Page Unknown]]

[Federal Register: November 14, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-035]

 

Maryland Regulatory Program

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

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 to the Code of Maryland 
Regulations (COMAR) pertaining to impoundments. The amendment is 
intended to revise the Maryland program to be consistent with the 
corresponding Federal regulations.

EFFECTIVE DATE: November 14, 1994.

FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg 
Field Office, OSM, Harrisburg Transportation Center, Third Floor, suite 
3C, 4th and Market Streets, Harrisburg, PA 17101. Telephone: (717) 782-
4036.

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 
920.15 and 920.16.

II. Submission of the Proposed Amendment

    By letter dated May 16, 1994, Maryland submitted a proposed 
amendment to its program pursuant to SMCRA and submitted revisions to 
the amendment on June 23, 1994 (combined Administrative Record No. MD-
569.00). Maryland submitted the proposed amendment in response to an 
April 20, 1993, letter (Administrative Record No. MD-549.18) that OSM 
sent to Maryland in accordance with 30 CFR 732.17(c) requesting that 
its engineering design standards be clarified.
    Maryland proposed to add COMAR 08.13.09.24H(1)(q) and revise COMA 
08.13.09.24H(3)(c). Maryland also submitted a revised ``Supplemental 
Stability Analysis'' to support the proposed revisions. Although 
Maryland recodified COMAR 08.13 to 08.20 in April 1993, the revisions 
have been submitted using the original classification system.
    OSM announced receipt of the proposed amendment in the July 11, 
1994, Federal Register (59 FR 35289), 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 August 10, 1994.

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, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

COMAR 08.13.09.24--Ponds and Sediment Control Measures

    At COMAR 08.13.09.24H(1)(q), Maryland is proposing to require that 
impoundments be constructed of fill material that contains sufficient 
moisture content to achieve proper compaction. As an indication of 
sufficient moisture content, the soil should form a ball which does not 
readily separate when kneaded by hand. The engineer may specify other 
methods of testing moisture content.
    At COMAR 08.13.09.24H(3)(c), Maryland is proposing to require that 
impoundments meeting the criteria of sections H(1) and H(3)(b) meet a 
minimum static safety factor of 1.3 for a normal pool with steady state 
seepage condition if: (1) The embankment is not constructed of organic 
soil or clay of high plasticity; and (2) the existing slope of the 
foundation area is not steeper than the slope for the soil type to be 
used to construct the embankment as specified by Maryland. Maryland 
submitted a stability analysis to support the proposed regulation.
    The Federal regulations at 30 CFR 780.25(c)(3) pertain to 
impoundments not meeting the size or other criteria specified at 30 CFR 
77.216(a) and located where failure would not be expected to cause loss 
of life or serious property damage. The regulations permit States to 
establish engineering design standards that ensure stability comparable 
to a 1.3 minimum static safety factor in lieu of engineering tests to 
establish compliance with the minimum static safety factor.
    On July 29, 1994, OSM conducted a technical review of the proposed 
design standards and stability analysis and concluded that they satisfy 
the requirements of 30 CFR 780.25(c)(3). Therefore, the Director finds 
the proposed revisions at COMAR 08.13.09.24H(1)(q) and (3)(c) to be no 
less effective than the Federal regulations at 30 CFR 780.25(c)(3). 
Maryland has agreed to make the necessary recodification changes upon 
promulgation of the regulations.

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 public 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. The Department 
of Labor, Mine Safety and Health Administration; the Department of the 
Army, Corps of Engineers; and the Department of the Interior, Bureau of 
Mines, concurred without comment.

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 its 
amendment pertains to air or water quality standards. Nevertheless, OSM 
requested EPA's concurrence with the proposed amendment (Administrative 
Record No. MD-569.00). By letter dated September 13, 1994, EPA 
concurred with the proposed amendment.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Maryland on May 16, 1994, and revised on June 
23, 1994.
    The Federal regulations at 30 CFR Part 920, codifying decisions 
concerning the Maryland program, are being amended to implement this 
decision. The Director is approving these proposed rules with the 
understanding that they be promulgated in a form identical to that 
submitted to OSM and reviewed by the public. Any differences between 
these rules and the State's final promulgated rules will be processed 
as a separate amendment subject to public review at a later date. 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.

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 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 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 4, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support 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 by adding paragraph (aa) to read as 
follows:


Sec. 920.15  Approval of amendments to State regulatory program.

* * * * *
    (aa) The following amendment, as submitted to OSM on May 16, 1994, 
and revised on June 23, 1994 is approved effective November 14, 1994. 
The amendment consists of revisions to the following regulations in the 
Code of Maryland Regulations:

08.13.09.24H(1)(q).................  Impoundments--General Requirements.
08.13.09.24H(3)(c).................  Impoundments--Stability.           
                                                                        

[FR Doc. 94-27978 Filed 11-10-94; 8:45 am]
BILLING CODE 4310-05-M