[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16657]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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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]
BILLING CODE 4310-05-M
