[Federal Register Volume 59, Number 9 (Thursday, January 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-894]


[[Page Unknown]]

[Federal Register: January 13, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

 

Kentucky Permanent Regulatory Program; Disposal of Coal Fly Ash, 
Bottom Ash, and Scrubber Sludge

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

ACTION: Proposed rule.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Kentucky permanent regulatory program (hereinafter referred to as the 
Kentucky program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). By letter of November 17, 1993, (Administrative Record 
No. KY-1260) Kentucky submitted a proposed program amendment that adds 
a new section to Kentucky's Administrative Regulations. The amendment 
consists of a proposed new section to Kentucky Administrative 
Regulations (KAR) at 405 KAR 7:200 relating to disposal of coal 
combustion fly ash, bottom ash and scrubber sludge under special waste 
permit-by-rule at 401 KAR 45:060 Section 1(6).
    This document sets forth the times and locations that the Kentucky 
program and the proposed amendment are available for public inspection, 
the comment period during which interested persons may submit written 
comments on the proposed amendment, and the procedures that will be 
followed regarding a public hearing if one is requested.

DATES: Written comments must be received on or before 4 p.m. on 
February 14, 1994. If requested, a public hearing on the proposed 
amendment will be held at 10 a.m. on February 7, 1994. Requests to 
present oral testimony at the hearing must be received on or before 4 
p.m. on January 28, 1994. Any disabled individual who has need for a 
special accomendation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand delivered to: William J. Kovacic, Director, 
Lexington Field Office, Office of Surface Mining Reclamation and 
Enforcement, 2675 Regency Road, Lexington, Kentucky 40503.
    Copies of the Kentucky program, the proposed amendment, and all 
written comments received in response to this document will be 
available for review at the addresses listed below, Monday through 
Friday, 9 a.m. to 4 p.m., excluding holidays. Each requestor may 
receive, free of charge, one copy of the proposed amendment by 
contacting OSM's Lexington Field Office.

Office of Surface Mining Reclamation and Enforcement, Lexington Field 
Office, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: (606) 
233-2896.
Office of Surface Mining Reclamation and Enforcement, Eastern Support 
Center, Ten Parkway Center, Pittsburgh, Pennsylvania 15220, Telephone: 
(412) 937-2828.
Department of Surface Mining Reclamation and Enforcement, No. 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

    If a public hearing is held, its location will be: The Harley 
Hotel, 2143 North Broadway, Lexington, Kentucky 40505.

FOR FURTHER INFORMATION CONTACT:
William J. Kovacic, Director, Lexington Field Office, Telephone (606) 
233-2896.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 18, 1982, the Secretary of the Interior conditionally 
approved the Kentucky program. Information pertinent to the general 
background, revisions, modifications, and amendments to the proposed 
permanent program submission, as well as the Secretary's findings, the 
disposition of comments and a detailed explanation of the conditions of 
approval can be found in the May 18, 1982, Federal Register (47 FR 
21404-21435). Subsequent actions concerning the conditions of approval 
and program amendments are identified at 30 CFR 917.11, 917.15, 917.16 
and 917.17.

II. Discussion of Amendment

    By letter of November 17, 1993, (Administrative Record No. KY-1260) 
Kentucky submitted a proposed program amendment that adds a new section 
to Kentucky's Administrative Regulations. The amendment consists of 
proposed new section to Kentucky Administrative Regulations (KAR) at 
405 (KAR) 7:200 relating to disposal of coal combustion fly ash, bottom 
ash and scrubber sludge under special waste permit-by-rule at 401 KAR 
45:060 Section 1(6).
    This proposed administrative regulation offers surface coal mining 
permittee the option to dispose of coal combustion waste on the permit 
area under the special waste permit-by-rule established at 401 KAR 
45:060 Section 1(6). Applicants who obtain a permit from the Cabinet's 
Department for Surface Mining Reclamation and Enforcement under this 
proposed administrative regulation are deemed to have received a permit 
from the Cabinet's Department for Environmental Protection, Division of 
Waste Management, without having applied separately to the Division of 
Waste Management. A person who wishes to dispose of coal combustion 
waste on a surface mining permit area in a manner that is not 
authorized in this proposed administrative regulations may, as at 
present, apply separately to the Division of Waste Management for a 
special waste formal permit under 401 KAR 45:030.
    Among other requirements, this proposed administrative regulation 
requires that disposal of coal combustion waste be approved in the 
surface mining permit; limits the waste to those coal combustion wastes 
authorized under 401 KAR 45:060 Section 1(6); requires identification 
of the generating facility; requires laboratory analysis to 
characterize the waste to show its potential to leach certain 
contaminants; restricts disposal to coal extraction areas of surface 
mines; limits waste volume at a location to the volume of coal 
extracted at that location; requires the permittee to keep records of 
the source and amount of shipments of waste received, and maps of 
disposal locations, and amounts; requires public notice of the intent 
to dispose of waste; requires written consent of the surface owner for 
disposal of waste on his property; requires a detailed plan for waste 
disposal; requires background characterization of ground water and 
surface water; requires the permittee's surface mining performance bond 
to be specifically applicable to waste disposal; requires compliance 
with certain environmental protection performance standards, including 
placement criteria that depend upon the leaching characteristics of the 
waste; and requires monitoring and reporting of quality of ground water 
and surface water.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the amendment proposed by Kentucky satisfies 
the applicable program approval criteria of 30 CFR 732.15. If the 
amendment is deemed adequate, it will become part of the Kentucky 
program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commentor's recommendations. Comments received after the time indicted 
under ``DATES'' or at locations other than the Lexington Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under ``FOR FURTHER INFORMATION CONTACT'' by 4 p.m. on 
January 28, 1994. If no one requests an opportunity to comment at a 
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 comment have been heard. 
Persons in the audience who have not been scheduled to comment, and who 
wish to do so, will be heard following those scheduled. The hearing 
will end after all persons scheduled to comment and persons present in 
the audience who wish to comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment 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 
amendments may request a meeting at the OSM, Lexington Field Office 
listed under ``ADDRESSES'' 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 in advance 
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 proposed rule is exempted from review by the Office of 
Management and Budget under Executive Order 12866.

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 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, 732 have been met.

National Environmental Policy Act

    No environmental impact statement is required for the 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 the Office of Management and Budget 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 
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. Hence, 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.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.


    Dated: January 7, 1994.
Carl C. Close,
Assistant Director, Eastern Support Center.
[FR Doc. 94-894 Filed 1-12-94; 8:45 am]
BILLING CODE 4310-05-M