[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33110-33115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15344]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-206]


Kentucky Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving, with two exceptions, an 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 revisions to the Kentucky Revised Statutes (KRS) pertain 
to remining, permits, definitions, appeal rights, water replacement, 
and permit revisions. The amendment is intended to revise the Kentucky 
program to be consistent with SMCRA.

EFFECTIVE DATE: June 27, 1995.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, 
Lexington Field Office, OSM, 2675 Regency Road, Lexington, Kentucky 
40503. Telephone: (606) 233-2896.

SUPPLEMENTARY INFORMATION: .

I. Background on the Kentucky Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

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 
conditions of approval and program amendments can be found at 30 CFR 
917.11, 917.13, 917.15, 917.16, and 917.17.

II. Submission of the Proposed Amendment

    By letter dated April 29, 1994 (Administration Record No. KY-1279), 
Kentucky submitted a proposed amendment to its program pursuant to 
SMCRA. Kentucky proposed to revise the following sections of its 
statutes: KRS 42, 177, 211, 350, 351, and 352. The revisions pertain to 
remining, permits, definitions, appeal rights, water replacement, and 
permit revisions and are contained in Senate Bills 208, 214, 249, and 
House Bills 338 and 707.
    OSM announced receipt of the proposed amendment in the May 20, 
1994, Federal Register (59 FR 26472), 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 June 20, 1994.
    By letter dated September 1, 1994 (Administrative Record No. KY-
1319), Kentucky submitted additional explanatory information. Because 
the information merely clarified certain provisions of the proposed 
revisions, [[Page 33111]] OSM did not reopen the comment period.

III. Director's Findings
    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-reference and paragraph notations to 
reflect organizational changes resulting from this amendment.

A. Senate Bill 208

    Senate Bill 208, deals for the most part, with the new remining 
provisions of the Energy Policy Act of 1992. The Energy Policy Act of 
1992, enacted on October 24, 1992, amended section 404 of SMCRA and 
added sections 510(e), 515(b) (20)(B), 701(33) and 701(34) of SMCRA. It 
should be noted that OSM has proposed rules on remining to reflect the 
changes enacted by the Energy Policy Act of 1992. These rules are not 
final. Therefore, the Kentucky regulatory program may need to be 
amended if it is later found to be inconsistent with the federal rules.
    1. At KRS 350.010(22), Kentucky proposes to define ``unanticipated 
event or condition'' as an event or condition encountered in a remining 
operation that was not contemplated by the applicable surface coal 
mining and reclamation permit. At KRS 350.010(23), Kentucky proposes to 
define ``lands eligible for remining as those lands that would 
otherwise be eligible for expenditures under KRS 350.560 (1) or (2) 
(Lands and Waters Eligible for Reclamation or Drainage Abatement 
Expenditures).
    The Director finds the proposed definitions at KRS 350.010 (22) and 
(23) substantively identical to sections 701 (33) and (34) of SMCRA and 
therefore no less stringent than these sections.
    2. At KRS 350.085(7), Kentucky proposes that if a permit applicant 
has a violation resulting from an unanticipated event or condition at a 
surface coal mining operation eligible for and under a remining permit, 
then the applicant would not be permit blocked for such a violation. 
The term ``violation would mean the same as in KRS 350.085(6) and as 
Kentucky stated in a September 1, 1994 letter, the exemption from 
permit blocking would only apply to violations on remining operations 
which occurred after July 15, 1994. This exemption would expire on 
September 30, 2004.
    The Energy Policy Act of 1992, enacted on October 24, 1992, added 
section 510(e) of SMCRA. As of October 24, 1992, section 510(e) of 
SMCRA exempts permit applicants from permit blocks for violations 
resulting from unanticipated events or conditions that occurred on 
lands eligible for remining which were under a permit by the permit 
applicant. The Director finds that KRS 350.087 is no less stringent 
than 510(e) of SMCRA because the Kentucky statute, as interpreted by 
Kentucky's Natural Resources and Environmental Protection Cabinet, 
would only allow the permit block exemption for violations resulting 
from an unanticipated event or condition occurring after July 15, 1994 
on lands eligible for remining.
    3. At KRS 350.095(1), Kentucky proposes that the permittee shall 
assume responsibility for successful revegetation for a period of five 
full years after the last year in which augmented seeding, fertilizing, 
irrigation, or other work occurs.
    The Director finds the proposed revision at KRS 350.095(1) 
substantively identical to and therefore no less stringent than the 
language at section 515(b)(20)(A) of SMCRA.
    At KRS 350.095(2), Kentucky proposes that on lands eligible for 
remining, the permittee shall assume responsibility for successful 
revegetation for a period of two full years after the last year in 
which augmented seeding, fertilizing, irrigation, or other work occurs 
in order to assure compliance with the applicable standards. The 
authority for this section terminates on September 30, 2004.
    The Director finds the proposed revision at KRS 350.095(2) 
substantively identical to and therefore no less stringent than section 
515(b)(20)(B) of SMCRA.
    4. At KRS 350.560(1), Kentucky proposes that surface coal mining 
operations on lands eligible for remining not affect the eligibility of 
those lands for reclamation and restoration after the release of the 
bond or deposit for a remining operation. In the event the bond or 
deposit for a surface coal mining operation on lands eligible for 
remining is forfeited, available funds maybe used if the amount of the 
bond or deposit is not sufficient to provide for adequate reclamation 
or abatement.
    The Director finds the proposed revision at 350.560(1) 
substantively identical to and therefore no less stringent than the 
language of section 404 of SMCRA.

B. Senate Bill 214

    1. At new KRS 350.0285 and KRS 351.070(14), Kentucky proposes to 
require that the Cabinet and the Commissioner of the Department of 
Mines and Minerals (Department) notify the Transportation Cabinet every 
six months of permits issued for mine openings and mine closings under 
their authority. At KRS 352.420(3), Kentucky proposes to require that 
the operator or superintendent of a mine notify the Commissioner every 
six months of a mine opening and a mine closure under his authority.
    The Federal rules contain no counterpart requirements. The Director 
finds the proposed provisions at KRS 350.0285, KRS 351.070(14), and KRS 
352.420(3) not inconsistent with the requirements of SMCRA and the 
Federal regulations.
    2. At KRS 42.470(1)(c), Kentucky proposes to require that all 
counties receive an annual payment from the local government economic 
assistance fund which is based on the average of total ton miles within 
the county during the most recent three-year period.
    The Federal rules contain no counterpart requirements. The Director 
finds the proposed revisions at KRS 42.470(1)(c) not inconsistent with 
the requirements of SMCRA and the Federal regulations.
    3. At KRS 177.977(2), Kentucky proposes to require that a copy of 
the information furnished to the Cabinet pursuant to the provisions of 
section 1 of this Act and a copy of the information furnished to the 
Department pursuant to the provisions of sections 2 and 3 of this Act 
be submitted to the Transportation Cabinet.
    The Federal rules contain no counterpart requirements. The Director 
finds the proposed provisions at KRS 177.977(2) not inconsistent with 
the requirements of SMCRA and the Federal regulations.
    4. At KRS 211.390(1), Kentucky proposes to revise its definition of 
``fluidized bed energy production facility'' to mean a fluidized bed 
combustion unit installed in a plant facility, subject to certain 
conditions.
    The Federal rules contain no counterpart definition. The Director 
finds the proposed revision at KRS 211.390(1) not inconsistent with the 
requirements of SMCRA and the Federal regulations.
    5. At KRS 211.392(1), Kentucky proposes to substitute ``fluidized 
bed combustion unit'' for ``structure'' and to delete the provision 
that the Governor's Office for Coal and Energy Policy will provide 
technical assistance and factual [[Page 33112]] information as 
requested in writing by the Revenue Cabinet.
    The Federal rules contain no counterpart provisions. The Director 
finds the proposed revisions at KRS 211.392(1) not inconsistent with 
the requirements of SMCRA and the Federal regulations.
    6. At KRS 211.392(2), Kentucky proposes to require that before the 
denial, revocation, or modification of a fluidized bed combustion 
technology tax exemption certificate, the Revenue Cabinet is required 
to give the applicant written notice and afford the applicant an 
opportunity for a hearing. The requirement that the special assistant 
to the Governor for coal and energy policy be notified of the hearing 
along with the applicant is deleted.
    The Federal rules contain no counterpart provisions. The Director 
finds the proposed revisions at KRS 211.392(2) not inconsistent with 
the requirements of SMCRA and the Federal regulations.
    7. At KRS 211.392(5), Kentucky proposes to delete the requirement 
that the notice of issuance or notice of denial, revocation, or 
modification of the tax exemption certificate be sent to the special 
assistant to the Governor for coal and energy policy. Also deleted is 
the designation of the above-referenced special assistant and applicant 
as parties for the purposes of review in appeals. At KRS 211.392(6), 
Kentucky proposes to specify that any applicant or holder of 
certificate aggrieved by the refusal to issue, revocation, or 
modification of a fluidized bed combustion tax exemption certificate 
has certain appeal rights. At KRS 211.392(8), Kentucky proposes to 
delete the requirement that in the event that the purpose for which a 
combustion unit with an exemption certificate is held changes, the 
above-referenced special assistant must be notified by the holder of 
the certificate.
    The Federal rules contain no counterpart provisions. The Director 
finds the proposed revisions at KRS 211.392(5), (6), and (8) not 
inconsistent with the requirements of SMCRA and the Federal 
regulations.
    8. At KRS 211.392(9), Kentucky proposes to allow a fluidized bed 
combustion facility to be exempt from 211.392 as well as sections KRS 
132, 136, 138, and 139. Kentucky also proposes to require that each 
exemption certificate remain in force for a period of eight years from 
the date of issuance and elapse at the end of the said period. Any 
fluidized bed combustion unit previously exempt shall not be eligible 
for recertification upon completion of the eight year certificate 
period.
    The Federal rules contain no counterpart provisions. The Director 
finds the proposed revisions at KRS 211.392(9) not inconsistent with 
the requirements of SMCRA and the Federal regulations.
C. Senate Bill 249

    1. At KRS 350.010(1), Kentucky proposes to clarify that excavation 
for the purpose of obtaining coal includes extraction of coal from 
refuse piles is included in the definition of ``surface coal mining 
operations.''
    The Director finds the proposed definition of ``surface coal mining 
operation'' at 350.010(1) substantively identical to and therefore no 
less stringent than the Federal definition at 701(28) of SMCRA.
    2. At KRS 350.010(9), in response to the required amendment at 30 
CFR 917.16(j)(2), see 58 FR 42001 (August 6, 1993), Kentucky proposes 
to revise the definition of ``person'' to mean any individual, 
partnership, corporation, association, society, joint stock company, 
firm, company, or other business organization; and shall also include 
any agency, unit, instrumentality of Federal, State, or local 
government including any publicly owned utility or publicly owned 
corporation of Federal, State, or local government.
    The Director finds the proposed definition of ``person'' 
substantively identical to and therefore no less effective than the 
Federal definition at 30 CFR 700.5. He is removing the required 
amendment at 30 CFR 917.16(j)(2), which required Kentucky to revise its 
definition of ``person'' to include all entities encompassed by the 
Federal definition.
    3. At KRS 350.0301(4), Kentucky is proposing to require that all 
hearings be open to the public. The phrase ``except as ordered by the 
hearing officer'' is deleted in response to the required amendment at 
30 CFR 917.16(j)(1) which required Kentucky to delete the phrase. 
Therefore, the Director finds that the deletion of the phrase renders 
this section no less stringent than 525 of SMCRA. The Director is 
removing the required amendment at 30 CFR 917.16(j)(1).
    At KRS 350.0305(1), Kentucky is proposing to delete its hearing 
provisions and transfer them, with minor revisions, to 350.0301(1). At 
KRS 350.0305, Kentucky is proposing to require that judicial review of 
a final order resulting from a hearing on the issuance of a notice of 
noncompliance, the issuance of an order for cessation and immediate 
compliance, the assessment of civil penalties, or a bond forfeiture be 
in compliance with KRS 350.032. At KRS 350.032(2), Kentucky is 
proposing to permit any person aggrieved by a final order of the 
Cabinet resulting from a hearing on the issuance of a notice of 
noncompliance, the issuance of an order for cessation and immediate 
compliance, the assessment of civil penalties, or a bond forfeiture to 
obtain a review of the order by filing a written petition in the 
appropriate county circuit court.
    Section 526(e) of SMCRA requires that actions of the State 
Regulatory Authority be subject to judicial review by a court of 
competent jurisdiction. Kentucky is providing judicial review of its 
enforcement actions and therefore the Director finds KRS 350.0305 and 
350.032(a) to be in accordance with 526(e) of SMCRA.

D. House Bill 338

    At KRS 350.421 (1) and (2), Kentucky proposes to extend its water 
rights and replacement provisions to water resources and supplies 
affected by underground mining, as well as surface mining.
    It should be noted that KRS 350.255(2) is deleted. This deletion 
was previously approved by OSM on August 6, 1993 at 58 FR 42001, 42003. 
Consequently, the deletion does not need to be addressed in this 
rulemaking.
    The Federal law at section 720(a)(2) requires the prompt 
replacement of any drinking, domestic or residential water supply from 
a well or spring in existence prior to the application for a surface 
coal mining permit which has been affected by contamination, diminution 
or interruption resulting from underground coal mining operations. The 
Kentucky statute also provides for the replacement of any drinking, 
domestic or residential water supply but is silent on whether or not 
the replacement of water supplies will be prompt. Therefore, the 
Director finds KRS 350.421 no less stringent than 720(a)(2) of SMCRA 
except to the extent that the Kentucky statute does not provide for the 
prompt replacement of water supplies.
    He is requiring that Kentucky amend its program to provide for 
prompt replacement. In its letter dated September 1, 1994, Kentucky 
stated that it is not authorized by State law to retroactively apply 
the water replacement requirements to water losses which occurred 
between October 24, 1992, and July 15, 1994, the effective date of 
House Bill 338. The Director is deferring decision on the enforcement 
of the provisions of SMCRA section 720(a) during the period from the 
effective date of SMCRA section 720 (October 24, [[Page 33113]] 1992) 
to the effective date of KRS 350.421 (1) and (2) (July 15, 1994). 
Pursuant to newly promulgated 30 CFR 843.25, OSM intends to publish by 
July 31, 1995, for each State with a regulatory program, including 
Kentucky, final rule notices concerning the enforcement of the 
provisions of the Energy Policy Act in those States.
E. House Bill 707

    At KRS 350.070(1), Kentucky proposes to permit 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.
    The Federal rules do not require that areas overlying proposed 
underground workings be included in the permit area if no surface 
disturbance is planned. The Director finds the proposed revisions at 
KRS 350.070(1) not inconsistent with the requirements of SMCRA and the 
Federal rules.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. Two public comments 
were received. Because no one requested an opportunity to speak at a 
public hearing, no hearing was held.
    The Coal Operators and Associates Inc. expressed its general 
support for the amendment. The Kentucky Resources Council, Inc. (KRC) 
had several comments:
    1. House Bill 383--The KRC was concerned with the practical 
implementation of the new protections of KRS 350.421 (1) and (2). The 
KRC anticipates proof difficulties where mine related water loss or 
quality diminution occurs. The KRC then recommended several courses of 
action. The Director notes that the scope of this amendment are the 
revisions to the Kentucky statutes and that the concerns raised by the 
KRC are beyond the scope of this rulemaking and do not pertain to KRS 
350.421, which the KRC found to be consistent with SMCRA.
    2. Senate Bill 208--The KRC stated that this Bill does not provide 
a commencement date for the operation of the statute's provisions and 
could be construed to require waiving permit blocking for violations 
that occurred before 1992 on pre-1992 permitted remining sites. KRC 
asserts that Congress did not intend section 510(e) to apply either to 
violations which occurred prior to October 24, 1992 or to permits 
issued before that date. KRC posits the purpose of section 510(e) is to 
provide solely post-enactment date incentives for remining. KRC also 
cautioned of the difficulty of establishing the existence of 
unanticipated events or conditions at permits issued before October 24, 
1992.
    OSM disagrees with part of the comment. As to the date the 
violation occurs, Kentucky will exempt permit applicants from permit 
blocks for violations that occurred after July 15, 1994 as a result of 
an unanticipated event or condition on lands eligible for remining.
    Regarding the date the remining permit is issued, the plain 
language of section 510(e) of SMCRA does not require that the remining 
permit have been issued after October 24, 1992, only that the 
application for the new permit be on or after October 24, 1992. While 
the legislative history of section 2503 of the Energy Policy Act 
indicates that the remining amendments to SMCRA were, as a whole, meant 
to provide incentives to industry to extract coal which would otherwise 
be bypassed, the text of section 510(e) is also consistent with 
Congressional awareness of, and a need to correct the inequality of 
permit applicants being permit blocked for a violation resulting from 
an event or condition at a remining site which they could not have 
reasonably anticipated nor over which they had any control, regardless 
of the date of permit issuance.
    The application of section 510(e) should also not be limited on the 
basis of the potential difficulty of establishing unanticipated events 
or conditions on permits issued before October 24, 1992. As with any 
permit requirement, the burden is on the applicant to make the required 
demonstration. Regulatory authorities will decide whether to apply 
section 510(e) based upon information set forth in the permit 
application. Moreover, any difficulty a regulatory authority night 
experience in evaluating whether the event or condition underlying the 
potentially permit blocking violation was reasonably unanticipated or 
whether the violation occurred on lands eligible for remining would be 
no greater on October 23, 1992, the day before section 510(e) was 
enacted, than on the following day. Accordingly, OSM does not interpret 
this section to impose a post-October 24, 1992 limitation on when 
permits must have been issued. This issue may, however, become 
increasingly academic for there are ever fewer pre-October 24, 1992 
remining permits which are still in active mining reclamation.
    The KRC was concerned that revisions to KRS 350.032, 350.0301 and 
350.0305 may be construed to eliminate the ability to obtain under KRS 
350.032(4) temporary relief of cabinet orders and determinations that 
are not related to bond forfeitures or enforcement orders. In a letter 
dated September 1, 1994, Kentucky stated that KRS 350.032(4), its 
temporary relief provision, applies to orders issued ``under this 
chapter.'' Kentucky interprets KRS 350.032(4) to authorize temporary 
relief in appeals under both KRS 350.0305 and KRS 350.032. The Director 
agrees with Kentucky's interpretation since the phrase ``under this 
chapter'' means Chapter 350 and sections 350.032, 350.0301 and 350.0305 
all are within Chapter 350.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Kentucky program. The U.S. 
Department of the Interior, Bureau of Land Management and Bureau of 
Mines; the U.S. Department of Labor, Mine Safety and Health 
Administration; and the U.S. Department of Agriculture, Soil 
Conservation Service, concurred without comment. The U.S. Department of 
the Interior, Fish and Wildlife Service, commented that the reduction 
in the period of responsibility for revegetation success for remining 
sites from five years to two years would result in lost opportunities 
to assure vegetative success on highly erosive sites. It recommended 
that the regulation remain unchanged. The Director notes Kentucky's 
proposed revision is identical to SMCRA's standards at section 
515(b)(20)(B).

Environmental Protection Agency (EPA)
    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    On May 13, 1994, OSM solicited EPA's concurrence with the proposed 
amendment. By letter dated May 17, 1995, EPA concurred with the 
provisions of the proposed amendment.

V. Director's Decision

    Based on the above findings, the Director approves, with two 
exceptions, the proposed amendment as submitted by Kentucky on April 
29, 1994. As [[Page 33114]] noted in Finding D concerning the proposed 
revisions at KRS 350.421(1) and (2), the Director is requiring that 
Kentucky amend its program to provide for the prompt replacement of 
water supplies. He is deferring decision on the enforcement of the 
provisions of SMCRA section 720 during the period from the effective 
date of SMCRA section 720 (October 24, 1992) to the effective date of 
KRS 350.421(1) and (2) (July 15, 1994). As noted in Finding C, the 
Director is also removing the required amendments at 30 CFR 
917.16(j)(1) and (j)(2).
    On March 31, 1995, OSM published final rules on subsidence to 
reflect the changes enacted by the Energy Policy Act of 1992, Pub. L. 
102-486 (60 FR 16722). OSM intends to publish by July 31, 1995, for 
each State with a regulatory program, including Kentucky, final rule 
notices concerning the enforcement of the provisions of the Energy 
Policy Act in those States. Therefore, those portions of the Kentucky 
amendment that reflect changes because of the Energy Policy Act of 
1992, are approved with the understanding that Kentucky may have to 
amend its program to correct any inconsistencies that may arise after 
the publication of the Federal final rules on July 31, 1995.
    The Federal regulations at 30 CFR Part 917, codifying decisions 
concerning the Kentucky program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. Thus, any changes to the State program are not enforceable 
until approved by OSM. The Federal regulations at 30 CFR 732.17(g) 
prohibit any unilateral changes to approved State programs. In the 
oversight of the Kentucky program, the Director will recognize only the 
statutes, regulations and other materials approved by OSM, together 
with any consistent implementing policies, directives and other 
materials, and will require the enforcement by Kentucky of only such 
provisions.

VI. 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. 
43332(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 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 16, 1995.
Robert A. Penn,
Acting Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 917--KENTUCKY

    1. The authority citation for part 917 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 917.15 is amended by adding paragraph (yy) to read as 
follows:


Sec. 917.15  Approval of regulatory program amendments.

* * * * * * *
    (yy) The following statutes, as submitted to OSM on April 29, 1994, 
and supplemented with additional explanatory information on September 
1, 1994, are approved effective June 27, 1995, except to the extent 
that KRS 350.421 does not provide for the prompt replacement of water 
supplies:

KRS 350.010(2), (16), (22), (23)...  Definitions.                       
KRS 350.421........................  Water Supplies.                    
KRS 350.085(1), (7)................  Violations.                        
KRS 350.095(1), (2)................  Revegetation.                      
KRS 350.560(1).....................  Bonds.                             
KRS 350.0285.......................  Notification Procedures.           
KRS 351.070(14)....................  Notification Procedures.           
KRS 352.420(3).....................  Notification Procedures.           
KRS 42.470(1)(c)...................  Reimbursement.                     
KRS 211.390(1).....................  Definitions.                       
KRS 211.392(1), (2)................  Exemption Application.             
KRS 211.392(5).....................  Exemption Certificate.             
KRS 132, 136, 138, 139.............  Term of Certificate.               
KRS 350.010(1).....................  Definitions.                       
KRS 350.010(9).....................  Definitions.                       
KRS 350.0301(1) and (4)............  Hearing Procedures.                
KRS 350.0305.......................  Judicial Review.                   
KRS 350.032(2), (4)................  Hearing Procedures.                
KRS 350.421(1), (2)................  Water Replacement.                 
KRS 350.070(1).....................  Permit Revision.                   
[[Page 33115]]
                                                                        
KRS 177.977........................  Coal Transportation.               
KRS 351.070(13)....................  Authority Provisions.              
KRS 211.392(6), (8)................  Exemption Certificates.            
                                                                        

  The Director is deferring decision on the enforcement of the 
provisions on SMCRA section 720 during the period from the effective 
date of SMCRA section 720 (October 24, 1992) to the effective date of 
KRS 350.421(1) and (2) (July 15, 1994).
    3. Section 917.16 is amended to remove and revise paragraph (j) and 
to add paragraph (m) to read as follows:


Sec. 917.16  Required regulatory program amendments.

* * * * *
    (j) [Reserved]
* * * * *
    (m) By August 28, 1995, Kentucky shall submit either a proposed 
amendment or a description of an amendment to be proposed, together 
with a timetable for adoption of proposed revisions to its program to 
specify that Kentucky's program provide for the prompt replacement of 
water supplies.

[FR Doc. 95-15344 Filed 6-26-95; 8:45 am]
BILLING CODE 4310-05-M