[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Proposed Rules]
[Pages 38391-38392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18192]


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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; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Kentucky regulatory program (hereinafter the 
``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: Written comments must be received by 4:00 p.m., [E.S.T.], August 
2, 1999.

ADDRESSES: Written comments should be mailed or hand delivered to 
William J. Kovacic, Director, at the address listed below.
    Copies of the Kentucky program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester 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) 233-2494.
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) 233-2494.

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, 917.13, 917.15, 917.16, and 917.17.

II. Description of the Proposed Amendment

    By letter dated December 22, 1999 (Administrative Record No. KY-
1449), Kentucky submitted a proposed amendment at 405 KAR 7:097, which 
authorizes 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(11). The proposed 
amendment was announced in the January 25, 1999, Federal Register (64 
FR 3670).
    On April 19, 1999, a Statement of Consideration of public comments 
received by Kentucky was filed with the Kentucky Legislative Research 
Committee. As a result of the comments, by letter dated April 19, 1999, 
Kentucky made changes to the original submission (Administrative Record 
No. KY-1458). By letter dated June 10, 1998 (Administrative Record No. 
KY-1461), Kentucky submitted the final version of the proposed 
amendments. Following are the changes to 405 KAR made in the final 
submission and not previously described in the January 25,1999, Federal 
Register notice. Revisions concerning nonsubstantive wording, format, 
or organizational changes will not be described in this notice.
    Subsections (1) through (5) of Section 2 of the original amendment 
stipulated the conditions under which a permittee, person, or operator 
becomes ineligible for reclamation in lieu of cash payment for civil 
penalties. Kentucky has deleted these subsections. Section 2 of the 
revised amendment now reads in its entirety: ``The cabinet shall not 
authorize a permittee, person, or operator to perform activities under 
this administrative regulation if the permittee, person or operator is 
ineligible receive a permit under KRS Chapter 350 and 405 KAR Chapters 
7-24 for a reason other than nonpayment of a civil penalty.''
    Kentucky has also revised Section 7, Subsection (5) of the 
amendment, which stipulates when a permittee, person, or operator must 
file a request for reclamation in lieu of cash payment of civil 
penalties. Subsection 7(5) now reads: ``(5)(a) For a civil penalty 
assessed by final order of the Secretary on or after July 1, 1999, the 
request shall be filed within thirty (30) days after the date of the 
final order. (b) For a civil penalty assessed by final order of the 
Secretary prior to July 1, 1999, the request shall be filed not later 
than June 30, 2000.''

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. Specifically, 
OSM is seeking comments on the revisions described above to the 
original submission. If the

[[Page 38392]]

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 
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.

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 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: July 9, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-18192 Filed 7-15-99; 8:45 am]
BILLING CODE 4310-05-P