[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Proposed Rules]
[Pages 3670-3672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1631]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-220-FOR]


Kentucky Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Kentucky regulatory program (Kentucky program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of revisions to the Kentucky regulations pertaining to 
reclamation in lieu of cash payment of civil penalties. The amendment 
is intended to revise the Kentucky program as required by 30 CFR 
917.16(c)(3).

DATES: If you submit written comments, they must be received by 4:00 
p.m., [E.S.T.], February 24, 1999. If requested, a public hearing on 
the proposed amendment will be held on February 19, 1999. Requests to 
speak at the hearing must be received by 4:00 p.m., [E.S.T.], on 
February 9, 1999.

ADDRESSES: Mail or hand-deliver your written comments and requests to 
speak at the hearing to William J. Kovacic, Field Office Director, at 
the address listed below.
    You may review copies of the Kentucky program, the proposed 
amendment, a listing of any scheduled public hearings, and all written 
comments received in response to this document at the addresses listed 
below during normal business hours, Monday through Friday, excluding 
holidays. You 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) 233-2894. E-Mail: [email protected]
Department of Surface Mining Reclamation and Enforcement, 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601. Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, 
Lexington Field Office, Telephone: (606) 233-2894.


[[Page 3671]]


SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program

    On May 18, 1982, the Secretary of the Interior conditionally 
approved the Kentucky program. You can find background information on 
the Kentucky program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the May 18, 
1982, Federal Register (47 FR 21404). You can find subsequent actions 
concerning the conditions of approval and program amendments at 30 CFR 
917.11, 917.13, 917.15, 917.16, and 917.17.

II. Description of the Proposed Amendment

    By letter dated December 22, 1998 (Administrative Record No. KY-
1449), Kentucky submitted a proposed amendment to its program at 405 
KAR 7:097. Specifically, Kentucky proposes to authorize the cabinet to 
allow a permittee, person, or operator to perform in-kind reclamation, 
environmental rehabilitation, or similar action to correct 
environmental pollution--instead of making cash payment of a civil 
penalty assessed under KRS 350.990. This regulation also establishes 
criteria and procedures to implement KRS 350.990(11). A written request 
must be filed to perform in-kind work. If authorized, the performer of 
the work must enter into a binding Civil Penalty Reclamation Agreement 
(Agreement) with the cabinet for work selected by the cabinet. No fees 
are required for the written request or the Agreement. Those who enter 
into an Agreement: must obtain legal right of entry to the work site; 
must maintain liability insurance coverage; will, in some cases, be 
required to obtain a performance bond; and must perform the work 
activities specified in the Agreement. If the in-kind work is not 
completed according to the Agreement, the full amount of the assessed 
civil penalty must be paid. Certain permittees, persons, or operators, 
certain civil penalties, and certain sites are ineligible for in-kind 
activities. Certain kinds of activities and costs are not authorized.

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

    Your written comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of the commenter'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

    If you wish to speak at the public hearing, you should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
[E.S.T.] on February 9, 1999. 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.
    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.

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. If you wish 
to meet with OSM representatives to discuss the proposed amendment, you 
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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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

[[Page 3672]]

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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 15, 1999.
Tim L. Dieringer,,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-1631 Filed 1-22-99; 8:45 am]
BILLING CODE 4310-05-P