Maryland Regulatory Program

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]

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