[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10866]


[[Page Unknown]]

[Federal Register: May 6, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

 

Kentucky Regulatory Program Amendment

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

ACTION: Withdrawal of State program amendment.

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SUMMARY: OSM is announcing the withdrawal of a proposed regulatory 
program amendment (Administrative Record No. KY-1260) filed by Kentucky 
on November 17, 1993, pursuant to the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA), relating to the disposal of coal 
combustion fly ash, bottom ash and scrubber sludge.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, 
Lexington Field Office, Office of Surface Mining Reclamation and 
Enforcement, 2675 Regency Road, Lexington, Kentucky 40503 Telephone: 
(606) 233-2896.

SUPPLEMENTARY INFORMATION: 

Background

    By letter dated November 17, 1993 (Administrative Record No. KY-
1260), Kentucky submitted a proposed program amendment that would add a 
new section (405 KAR 7:200) to Kentucky's Administrative Regulations. 
The proposed new regulation offers surface coal mining permittees 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).
    OSM announced receipt of the proposed amendment in the January 13, 
1994, Federal Register (59 FR 1921) and, in the same document, opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on February 14, 1994.
    By letter dated April 18, 1994, Kentucky gave OSM notice that it 
was withdrawing the program amendment, submitted on November 17, 1993, 
from further consideration. The regulation, which was the subject of 
the amendment, completed the promulgation process and took effect on 
March 13, 1994. During promulgation, a letter of objection was attached 
to the regulation by the Administrative Regulation Review Subcommittee, 
with the result that the regulation expired April 15, 1994, upon 
adjournment of the regular session of the 1994 Kentucky General 
Assembly. During the same legislative session, Senate bill 266 which 
addresses the same issues, was enacted into law and has been submitted 
to OSM as a proposed amendment to the Kentucky regulatory program and 
will be the subject of a separate rulemaking by OSM.
    Therefore, the proposed program amendment published in the Federal 
Register dated January 13, 1994, related to the disposition of coal 
combustion fly ash, bottom ash and scrubber sludge is withdrawn.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 28, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-10866 Filed 5-5-94; 8:45 am]
BILLING CODE 4310-05-M