Maryland Regulatory Program, 1430-1431 [2012-243]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Proposed Rules]
[Pages 1430-1431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-243]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 920

[SATS No. MD-056-FOR; Docket ID: OSM 2010-0008]


Maryland Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; extension of the comment period.

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SUMMARY: We are reopening and extending the public comment period on 
the proposed amendment to the Maryland regulatory program (the 
``Maryland program'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA or the Act) that was originally published on January 
28, 2011, and was later reopened on March 10, 2011, to extend the 
comment period and announce a public meeting. The amendment involves 
provisions to Maryland's program to regulate coal combustion byproducts 
(CCBs) and, specifically, the use of CCBs in surface coal mining and 
reclamation operations within Maryland. The comment period is being 
extended to incorporate subsequent information that we received from 
Maryland in response to comments received during the public meeting.
    This document gives the times and locations that the Maryland 
program, and this submittal, are available for your inspection, the 
comment period during which you may submit written comments, and the 
procedures that we will follow for the public hearing, if one is 
requested.

DATES: We will accept written comments until 4 p.m., local time January 
25, 2012.

ADDRESSES: You may submit comments, identified by ``MD-056-FOR; Docket 
ID: OSM-2010-0008'', by either of the following two methods:

[[Page 1431]]

    Federal eRulemaking Portal: www.regulations.gov. The proposed rule 
has been assigned Docket ID: OSM-2010-0008. If you would like to submit 
comments through the Federal eRulemaking Portal, go to 
www.regulations.gov and follow the instructions.
    Mail/Hand Delivery/Courier:

Mr. Ben Owens, Acting Chief, Pittsburgh Field Division, Office of 
Surface Mining Reclamation and Enforcement, Three Parkway Center, Suite 
300, Pittsburgh, Pennsylvania 15220, Telephone: (412) 937-2827, Email: 
bowens@osmre.gov.
Ed Larrimore, Mining Program Manager, Maryland Bureau of Mines, 160 
South Water Street, Frostburg, Maryland 21532, Telephone: (301) 689-
1442, Email: elarrimore@mde.state.md.us.

    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section 
of this document.

FOR FURTHER INFORMATION CONTACT: Ben Owens, Telephone: (412) 937-2827. 
Email: bowens@osmre.gov.

SUPPLEMENTARY INFORMATION: On January 28, 2011, (76 FR 5103) we 
published a proposed rule to Maryland's program (Administrative Record 
No. 588-008). Maryland added regulations to regulate coal combustion 
byproducts and to establish requirements pertaining to the generation, 
storage, handling, processing, disposal, recycling, beneficial use, or 
other use of coal combustion byproducts (CCBs) within the State of 
Maryland. In total, these regulations pertain to all CCB activities in 
the State, and not just surface coal mining and reclamation operations. 
However, a section of the added regulations specifically pertains to 
surface coal mining and reclamation operations and is proposed to be 
part of Maryland's Federally approved state program. The regulation 
specific to surface coal mining and reclamation operations has been 
added as a new regulation, Regulation .08 under COMAR 26.20.24, Special 
Performance Standards.
    On March 20, 2011, (76 FR 13112) we extended the public comment 
period (Administrative Record No. MD-588-012.1) and provided a notice 
of public hearing. The comment period was reopened and extended in 
order to afford the public more time to comment and to allow enough 
time to hold a public hearing as requested by a representative of the 
Sierra Club. On March 21, 2011, a public meeting was held and public 
comments were received.
    In addition to the public comments that were received, we also 
received additional information from Maryland. On March 28, 2011, 
(Administrative Record No. MD-588-018) Maryland sent us a letter 
providing comments on the proposed amendment. In summary, Maryland 
requested that we consider the following specific comments in our 
review of their requested amendment:
    1. Public notices are required for new permits and for 
modifications of existing permits that constitute a significant 
departure from the method of conduct of mining or reclamation 
operations contemplated by the original permit.
    2. Probable Hydrologic Consequences (PHC) determinations and 
Cumulative Hydrologic Impact Assessments are required for new permits 
and significant modifications to existing permits.
    3. The TCLP leachate analysis is the procedure specifically 
referenced in EPA regulation 40 CFR 261.24 as the procedure to use in 
the determination of toxicity characteristics.
    4. There are no provisions for isolating CCB material from ground 
water at coal mine utilization sites because the intent is to utilize 
the alkaline CCBs to provide alkalinity to mine backfills. The 
solubility of alkaline CCB materials is a desirable attribute.
    5. Mine sites utilizing and disposing CCBs are required to submit 
monitoring data for 23 parameters annually and a shorter list of 8 
parameters quarterly.
    6. No additional bond has been required at CCB utilization and 
disposal sites because the planned use does not propose modification of 
the reclamation plan upon which the bond is based.
    We are reopening and extending the comment period to incorporate 
this information that we received from Maryland.

Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the submission satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Pennsylvania program.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. We cannot ensure that comments received after the close 
of the comment period (see DATES) or sent to an address other than 
those listed above (see ADDRESSES) will be included in the docket for 
this rulemaking and considered.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We would appreciate all comments 
relating to this specific issue, but those most useful and likely to 
influence decisions on the final rule will be those that either involve 
personal experience or include citations to and analysis of the Surface 
Mining Control and Reclamation Act of 1977, its legislative history, 
its implementing regulations, case law, other State or Federal laws and 
regulations, data, technical literature, or other relevant 
publications.

List of Subjects in 30 CFR Part 938

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 21, 2011.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2012-243 Filed 1-9-12; 8:45 am]
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