[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