[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Proposed Rules]
[Pages 38392-38395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18193]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[MD-044-FOR]


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 proposed amendments to the 
Maryland regulatory program (Maryland program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendments 
consist of revisions to the Maryland regulations regarding the design, 
construction and maintenance of haul roads. The amendments are intended 
to revise the Maryland program to be consistent with the corresponding 
Federal regulations.

DATES: If you submit written comments, they must be received by 4:00 
p.m., E.D.T., August 16, 1999. If requested, a public hearing on the 
proposed amendment will be held on August 10, 1999. Requests to speak 
at the hearing must be received by 4:00 p.m., E.D.T., on August 2, 
1999.

ADDRESSES: Mail or hand-deliver your written comments and requests to 
speak at the hearing to George Rieger, Manager, Oversight and 
Inspection Office, at the address listed below.
    You may review 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 at the addresses listed 
below during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the proposed amendment by 
contacting OSM's Appalachian Regional Coordinating Center.

George Rieger, Manager, Oversight and Inspection Office, Appalachian 
Regional Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 3 Parkway Center, Pittsburgh PA 15220. Telephone: (412) 
937-2153; E-mail: [email protected]
Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 
21532. Telephone: (301) 689-4136.

FOR FURTHER INFORMATION CONTACT: George Rieger, Manager, Oversight and 
Inspection Office, Appalachian Regional Coordinating Center, Telephone: 
(412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

    On February 18, 1982, the Secretary of the Interior approved the 
Maryland program. You can find background information on the Maryland 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval in the February 18, 1982, 
Federal Register (47 FR 7214). You can find subsequent actions 
concerning the conditions of approval and program amendments at 30 CFR 
920.15 and 920.16.

II. Description of the Proposed Amendment

    Maryland provided an informal amendment to OSM regarding the 
design, construction and maintenance of haul roads in a letter dated 
August 4, 1998. OSM completed its review of the informal amendment and 
submitted

[[Page 38393]]

comments to Maryland in a letter dated May 19, 1999. By letter dated 
May 27, 1999 (Administrative Record No. MD-581-00), Maryland submitted 
its response to OSM's comments in the form of a proposed amendment to 
its program pursuant to SMCRA.
    The provisions of the Code of Maryland Regulations (COMAR) that 
Maryland proposes to amend are as follows:

1. COMAR 26.20.01.02B  Definitions

    Specifically, Maryland proposes to revise the existing definition 
at (82), ``road'' by adding the words ``surface coal'' before ``mining 
and reclamation operations''; adding the words ``and from'' after 
``leading to''; and deleting the reference to active spoil disposal 
areas and substituting the phrase that ``road'' does not include ramps 
and routes of travel within the immediate mining area or within spoil 
or coal mine waste disposal areas.

2. COMAR 26.20.02.13  Description of Proposed Mining Operations

    Paragraph BB.(1) is modified by adding the following requirements: 
design drawings, and specifications for road widths, gradients, 
surfacing materials, cuts, fill embankments, culverts, bridges, 
drainage ditches, low water crossings, and drainage structures;
    Existing paragraph BB.(2) is deleted and new paragraph BB.(2) is 
added as follows:
    Drawings and specifications of each proposed road that is located 
in the channel of an intermittent or perennial stream, as necessary for 
approval of the road by the Bureau in accordance with COMAR 26.20.19;
    New paragraph BB.(3) is added as follows:
    Drawings and specifications for each proposed ford of perennial or 
intermittent streams that is used as a temporary route, as necessary 
for approval of the ford by the Bureau in accordance with COMAR 
26.20.19;
    Existing paragraph BB.(3) is renumbered as BB.(4).
    Existing paragraph BB.(5) is deleted and replaced with the 
following:
    Drawings and specifications for each low-water crossing of 
perennial or intermittent stream channels so that the Bureau can 
maximize the protection of the stream in accordance with COMAR 
26.20.19:
    Existing paragraph BB.(4) is renumbered as BB.(6).
    New paragraph BB.(7) is added as follows:
    A description of the plans to remove and reclaim each road that 
will not be retained under an approved postmining land use, and the 
schedule for this removal and reclamation; and
    New paragraph BB.(8) is added as follows:
    Design and certification of the plans and drawings for each primary 
road by a qualified registered professional engineer in accordance with 
COMAR 26.20.19.0lG.
    New paragraph CC. is added as follows:
    A description of each support facility to be constructed, used, or 
maintained within the proposed permit area, including plans and 
drawings. The plans and drawings shall include a map, appropriate cross 
sections, design drawings, and specifications sufficient to demonstrate 
compliance with COMAR 26.20.19.08 and .09.

3. COMAR 26.20.19.01  General

    New paragraphs A., B., and C. are added as follows:
    A. Each road, as defined in Secs. B and C of this regulation shall 
be classified as either a primary road or an ancillary road.
    B. A primary road is any road which is:
    (1) Used for transporting coal or spoil;
    (2) Frequently used for access or other purposes for a period in 
excess of six months: or
    (3) To be retained for an approved postmining land use.
    C. An ancillary road is any road not classified as a primary road.
    Existing paragraph A. is re-lettered as D. and further modified by 
adding the word ``locate'' before ``design, construction * * *'' and 
deleting the phrase ``control or minimize erosion and siltation, air 
and water pollution, and damage to public or private property.''
    Additionally, the following new subparagraphs are added to 
paragraph D.:
    (1) Control or prevent erosion, siltation, and the air pollution 
attendant to erosion, including road dust as well as dust occurring on 
other exposed surfaces, by measures such as vegetating. watering, using 
chemical or other dust suppressants, or otherwise stabilizing all 
exposed surfaces in accordance with current, prudent engineering 
practices;
    (2) Control or prevent damage to fish, wildlife, or their habitat 
and related environmental values;
    (3) Control or prevent additional contributions of suspended solids 
to stream flow or runoff outside the permit area;
    (4) Neither cause nor contribute to, directly or indirectly, the 
violation of State or federal water quality standards applicable to 
receiving streams;
    (5) Refrain from seriously altering the normal flow of water in 
stream beds or drainage channels;
    (6) Prevent or control damage to public or private property, 
including the prevention or mitigation of adverse effects on lands 
within the boundaries of units of the National Park System. the 
National Wildlife Refuge System, the National System of Trails, the 
National Wilderness Preservation System, the Wild and Scenic Rivers 
System, including designated study rivers, and National Recreation 
Areas designated by Act of the U.S. Congress; and
    (7) Use nonacid and nontoxic-forming substances in road surfacing.
    Existing paragraph B. is deleted and existing paragraph C. is re-
lettered as E.
    Existing paragraph D. is deleted and new paragraphs F. and G. are 
added as follows:
    F. The plans and drawings for primary roads shall be prepared by, 
or under the direction of, and certified by a qualified registered 
professional engineer as meeting the requirements of this chapter and 
any prudent engineering practices.
    G. The construction or reconstruction of primary roads shall be 
certified in a report to the Bureau by a qualified registered 
professional engineer The report shall indicate that the primary road 
has been constructed or reconstructed as designed and in accordance 
with the approved plan.

4. COMAR 26.20.19.02  Location

    This section is now re-titled Location of Primary Roads.
    Paragraph A. is modified to include the word ``primary''.
    Paragraph B. is modified by adding the phrase ``in accordance with 
the applicable requirements of COMAR 26.20.20 and COMAR 26.20.21.02, 
.03, and .04.''
    Paragraph C. is modified by including the phrase ``on perennial or 
intermittent streams by primary roads''.

5. COMAR 26.20.19.03  Design and Construction

    This section is re-titled as Design and Construction of Primary 
Roads and paragraph A. is modified to include the word ``primary''.
    Paragraph D., Road Embankments, is modified by adding the following 
subparagraphs:
    (9) Each primary road embankment shall have a minimum static safety 
factor of 1.3.
    (10) Each road embankment shall be constructed of fill material 
that contains sufficient moisture content to achieve proper compaction.
    (11) A primary road embankment that is designed and constructed to 
meet the

[[Page 38394]]

criteria of this section with an embankment slope not steeper than 2:1 
and a foundation slope equal to or less than 25 percent shall be 
considered to meet the minimum static safety factor under Sec. D(9) of 
this regulation.

6. COMAR 26.20.19.04  Drainage

    This section is re-titled as Drainage Control for Primary Roads.
    Subparagraph A.(1) is modified by adding the word ``primary'', 
including ``bridges'', substituting the word ``drainage'' for water and 
substituting a 2-year 24-hour precipitation event for the existing 1 
year.
    Existing subparagraph 2. is deleted and a new subparagraph 2. is 
added as follows:
    Drainage pipes and culverts shall be installed as designed and 
maintained in a free and operating condition and to prevent or control 
erosion at inlets and outlets.
    New subparagraphs (3) and (4) are added as follows:
    (3) Drainage ditches shall be constructed and maintained to prevent 
uncontrolled drainage over the road surface and embankment.
    (4) Culverts shall be installed and maintained to sustain the 
vertical soil pressure, the passive resistance of the foundation, and 
the weight of vehicles using the road.
    Paragraph C., Culverts, is modified by substituting a 2-year 24-
hour precipitation event for the existing 1 year.

7. COMAR 26.20.19.06  Maintenance

    New paragraph D. is added as follows:
    A road damaged by a catastrophic event, such as a flood, shall be 
repaired as soon as is practicable after the damage has occurred.

8. COMAR 26.20.19.07  Removal of Roads

    This section is re-titled as Reclamation of Roads.
    The existing paragraph is deleted and replaced with the following:
    A road not to be retained under an approved postmining land use 
shall be reclaimed in accordance with the approved reclamation plan as 
soon as practicable after it is no longer needed for mining and 
reclamation operations. This reclamation shall include:
    (1) Closing the road to traffic;
    (2) Removing all bridges and culverts, unless approved as part of 
the postmining land use;
    (3) Removing or disposing of road surfacing materials that are 
incompatible with the postmining land use and revegetation 
requirements;
    (4) Reshaping cut and fill slopes as necessary to be compatible 
with the postmining land use and to complement the natural drainage 
pattern of the surrounding terrain;
    (5) Protecting the natural drainage pattern by installing dikes or 
cross drains, as necessary, to control surface runoff and erosion; and
    (6) Scarifying or ripping the roadbed, replacing topsoil or 
substitute material, and revegetating disturbed surfaces.

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

    Your 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

    If you wish to speak at the public hearing, you should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
E.D.T. on August 2, 1999. 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.
    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.

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. If you wish 
to meet with OSM representatives to discuss the proposed amendment, you 
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 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

[[Page 38395]]

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 
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. 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 counterpart 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 920

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 9, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-18193 Filed 7-15-99; 8:45 am]
BILLING CODE 4310-05-P