[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12362]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 917

 

Kentucky Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Kentucky regulatory program (hereinafter referred to as the Kentucky 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of five bills amending 
Kentucky Revised Statutes (KRS) Chapter 350 that were enacted by the 
1994 Regular Session of the Kentucky General Assembly and signed into 
law by the Governor. The amendment is intended to implement the 
remining provisions of the Federal Energy Policy Act of 1992, to 
improve the operational efficiency of the Kentucky program, and to 
revise the Kentucky program to be consistent with the corresponding 
Federal rules and SMCRA.

DATES: Written comments must be received on or before 4 p.m. [e.d.t] on 
June 20, 1994. If requested, a public hearing on the proposed amendment 
will be held at 10 a.m. [e.d.t] on June 14, 1994. Requests to speak at 
the hearing must be received on or before 4 p.m. [e.d.t] on June 6, 
1994. 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.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to: William J. Kovacic, Director, Lexington 
Field Office, at the address listed below.
    Copies of the Kentucky program, the proposed amendment, listing of 
any scheduled public hearings, 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 one free copy of the proposed amendment 
by contacting OSM's Lexington Field Office.

William J. Kovacic, Director, Lexington Field Office, Office of Surface 
Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, 
Kentucky 40503, Telephone: (606) 233-2896.
Department of Surface Mining Reclamation and Enforcement, No. 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

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

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program

    On May 18, 1982, the Secretary of the Interior conditionally 
approved the Kentucky program. Background information on the Kentucky 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the May 18, 
1982, Federal Register (47 FR 21404). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
917.11, 917.15, 917.16 and 917.17.

II. Description of the Proposed Amendment

    By letter dated April 29, 1994 (Administrative Record No. KY-1279), 
Kentucky submitted a proposed amendment containing five bills amending 
KRS Chapter 350 that were enacted by the 1994 Regular Session of the 
Kentucky General Assembly and signed into law by the Governor. The 
contents of the five bills are as follows:

Senate Bill 208

    S.B. 208 implements in Kentucky law, the remining provisions of the 
Federal Energy Policy Act of 1992:
    It eliminates blocking of future permits to an applicant with an 
unabated violation, if the unabated violation results from an 
unanticipated event or condition at an operation under a remining 
permit held by the applicant on lands eligible for remining. It also 
defines the terms ``unanticipated event or condition'' and ``lands 
eligible for remining.'' This authority terminates on September 30, 
2004.
    It reduces the period of responsibility for revegetation success 
from five years to two years for remaining operations. This authority 
terminates on September 30, 2004.
    It makes remined areas again eligible for expenditure of Abandoned 
Mine Land funds after release or forfeiture of the performance bond.

Sentate Bill 214

    S.B. 214 requires the Natural Resources and Environmental 
Protection Cabinet (NREPC) to notify the secretary of the Transforation 
Cabinet every six months of permits issued for mine openings, and mine 
closing under the authority of the NREPC.

Senate Bill 249

    S.B. 249 is a ``housekeeping'' bill that also addresses some issues 
previously raised by OSM:
    It expands the definition of the term ``surface coal mining 
operations'' to expressly include extraction of coal from coal refuse 
piles.
    It expands the definition of the term ``person'' to expressly 
include instrumentalities of government, including any publicly-owned 
utility or publicly-owned corporation.
    It deletes an exception that currently allows a hearing officer to 
close an administrative hearing to the public. Under the bill, all 
hearings conducted pursuant to KRS Chapter 350 would be open to the 
public.
    It moves language from KRS 350.0305 to 350.0301 granting the right 
to a public hearing on NREPC determinations and certain procedures 
thereof. With this change, KRS 350.0301 relates to administrative 
hearings, whereas 350.0305 relates to appeals to Franklin Circuit Court 
from final cabinet orders resulting from administrative hearings.
    It provides that a person aggrieved by a final order resulting from 
an administrative hearing on a notice of noncompliance, an order for 
cessation and immediate compliance, an assessment of civil penalties, 
or a bond forfeiture, may appeal in accordance with KRS 350.032 which 
provides, among other things, that the order may be appealed either to 
Franklin Circuit Court or the Circuit Court in the county where the 
mine is located.
    It deletes old language from KRS 350.255 that has been replaced by 
new language in 350.0301, so that 350.255 now relates only to petitions 
requesting that the cabinet promulgate administrative regulations.

House Bill 338

    H.B. 338 places upon underground coal mines the same obligation to 
replace damaged water supplies that currently exist only for surface 
coal mines.

House Bill 707

    H.B. 707 allows extensions of the underground mining area that are 
not incidental boundary revisions and do not include planned subsidence 
or other new proposed surface disturbances, to be made by application 
for a major revision to the permit rather than by application for an 
amendment to the permit.

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 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 indicated 
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 speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. [e.d.t] 
on June 6, 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 
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.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.


    Dated: May 16, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-12362 Filed 5-19-94; 8:45 am]
BILLING CODE 4310-05-M