[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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