Maryland Regulatory Program

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

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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]

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