[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Proposed Rules]
[Pages 2916-2919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1216]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[SPATS No. KS-017-FOR]
Kansas Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed Rule; Reopening and Extension of Public Comment Period
on Proposed Amendment.
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SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Kansas regulatory program
(hereinafter referred to as the ``Kansas program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for
Kansas's proposed rules pertain to definitions; application for mining
permit; civil penalties; permit transfers, assignments, and sales;
termination of jurisdiction; exemption for coal and extraction incident
to government-financed highway or other construction; exemption for
coal extraction incident to the extraction of other minerals; coal
exploration; bonding procedures; performance standards; eligible lands
and water; liens; contractor responsibility;
[[Page 2917]]
exclusion of certain noncoal reclamation sites; and reports. The
amendment is intended to revise the Kansas program to be consistent
with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t. February
4, 1998.
ADDRESSES: Written comments should be mailed or hand delivered to
Russell W. Frum, Mid-Continent Regional Coordinating Center at the
address listed below.
Copies of the Kansas 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
contracting OSM's Mid-Continent Regional Coordinating Center.
Russell W. Frum, Mid-Continent Regional Coordinating Center, Office
of Surface Mining Reclamation and Enforcement, Alton Federal Building,
501 Belle Street, Alton, IL 62002, Telephone: (618) 463-6460.
Kansas Department of Health and Environment, Surface Mining
Section, 4033 Parkview Drive, Frontenac, KS 66763, Telephone (316) 231-
8540.
FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent
Regional Coordinating Center, Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
The Secretary of the Interior conditionally approved the Kansas
regulatory program on January 21, 1981, and the Kansas abandoned mine
land reclamation plan on February 1, 1982. General background
information on the Kansas regulatory program and the Kansas abandoned
mine land reclamation plan, including the Secretary's findings, the
disposition of comments, and the conditions of approval can be found in
the January 21, 1981, Federal Register (46 FR 5892) and the February 1,
1982, Federal Register (47 FR 4513), respectively. Subsequent actions
concerning Kansas' program and program amendments can be found at 30
CFR 916.10, 916.12, 916.15, 916.16, 916.20, and 916.25.
II. Discussion of the Proposed Amendment
By letter dated May 7, 1997 (Administrative Record No. KS-615),
Kansas submitted a proposed amendment to its program pursuant to SMCRA.
Kansas submitted the proposed amendment in response to letters dated
May 20, 1996, and January 6, 1997 (Administrative Record Nos. KS-608
and KS-612, respectively) that OSM sent to Kansas in accordance with 30
CFR 732.17(c) and in response to a letter dated September 26, 1994
(Administrative Record No. AML-KS-169), that OSM sent to Kansas in
accordance with 30 CFR 884.25(b). Kansas also proposed changes to its
regulations at its own initiative. The provisions of the Kansas
Administrative Regulations (K.A.R.) that Kansas proposes to amend are:
K.A.R. 47-1-1, title of rules; K.A.R. 47-1-3, communication; K.A.R. 47-
1-4, sessions; K.A.R. 47-1-8, petitions to initiate rulemaking; K.A.R.
47-1-9, notice of citizen suits; K.A.R. 47-1-10, general notice
requirement; K.A.R. 47-1-11, permittee--preparation and submission of
reports; K.A.R. 47-2-14, definition of complete and accurate
application; K.A.R. 47-2-21, definition of employee; K.A.R. 47-2-53,
definition of regulatory authority; K.A.R. 47-2-53a, definition of
regulatory program; K.A.R. 47-2-58, definition of significant,
imminent, environmental harm to land, air or water resources; K.A.R.
47-2-64, definition of state act; K.A.R. 47-2-67, definition of surety
bond; K.A.R. 47-2-74, definition of public road; K.A.R. 47-2-75,
definitions--adoption by reference; K.A.R. 47-3-1, application for
mining permit; K.A.R. 47-3-3a, permit application--maps; K.A.R. 47-3-
42(a), application for mining permit--adoption by reference; K.A.R. 47-
4-14, public hearings; K.A.R. 47-4-14a, administrative hearing
procedure; K.A.R. 47-4-15, administrative hearings--discovery; K.A.R.
47-4-16, interim orders for temporary relief; K.A.R. 47-4-17,
administrative hearings--award of costs and expenses; K.A.R. 47-5-5a,
civil penalties; K.A.R. 47-5-16, final assessment and payment of civil
penalty; K.A.R. 47-6-1, permit review; K.A.R. 47-6-2, permit revision;
K.A.R. 47-6-3, permit renewals; K.A.R. 47-6-4, permit transfers,
assignments, and sales; K.A.R. 47-6-6, permit conditions; K.A.R. 47-6-
7, permit suspension or revocation; K.A.R. 47-6-8, termination of
jurisdiction; K.A.R. 47-6-9, exemption for coal extraction incident to
government-financed highway or other construction; K.A.R. 47-6-10,
exemption for coal extraction incident to the extraction of other
minerals; K.A.R. 47-7-2, coal exploration; K.A.R. 47-8-9, bonding
procedures; K.A.R. 47-8-11, use of forfeited bond funds; K.A.R. 47-9-1,
performance standards; K.A.R. 47-9-2, revegetation; K.A.R. 47-9-4,
interim performance standards K.A.R. 47-10-1, underground mining;
K.A.R. 47-11-8, small operator assistance program K.A.R. 47-12-4, lands
unsuitable for mining; K.A.R. 47-13-4, training and certification of
blasters; K.A.R. 47-13-5, responsibilities of operators and blasters-
in-charge; K.A.R. 47-13-6, training; K.A.R. 47-14-7, employee financial
interest; K.A.R. 47-15-1a, inspection and enforcement; K.A.R. 47-15-3,
lack of information--inability to comply; K.A.R. 47-15-4, injunctive
relief K.A.R. 47-15-7, state inspections; K.A.R. 47-15-8, citizen's
requests for state inspections; K.A.R. 47-15-15, service of notices of
violations and cessation orders; K.A.R. 47-15-17, maintenance of permit
areas; K.A.R. 47-16-1, eligible lands and water; K.A.R. 47-16-2,
reclamation project evaluation; K.A.R. 47-16-3, consent to entry;
K.A.R. 47-16-4, entry for study or exploration; K.A.R. 47-16-5, entry
and consent to reclaim; K.A.R. 47-16-6, liens; K.A.R. 47-16-7,
appraisals; K.A.R. 47-16-8, satisfaction of liens; K.A.R. 47-16-9,
contractor responsibility; K.A.R. 47-16-10, exclusion of certain
noncoal reclamation sites; and K.A.R. 47-16-11, reports.
OSM announced receipt of the proposed amendment in the June 4,
1997, Federal Register (62 FR 30535) and invited public comment on its
adequacy. The public comment period ended July 7, 1997.
During its review of the amendment, OSM identified concerns
relating to K.A.R. 47-2-53, definition for regulatory authority; K.A.R.
47-2-75(6)(A), definition for director; K.A.R. 47-3-42 (a)(49)(B) and
(a)(49)(E), procedures for challening ownership and control links shown
in AVS; K.A.R. 47-3-42 (a)(50)(E), standards for challening ownership
and control links and the status of violations; K.A.R. 47-5-
5a(c)(4)(D), review of waiver determination; K.A.R. 47-5-5a(c)(6)(C)(i)
and (c)(6)(E), summary disposition; K.A.R. 47-6-4(c), permit transfers,
assignments and sales; K.A.R. 47-6-8(b), termination of jurisdiction;
K.A.R. 47-6-9(b)(3), exemption for coal extraction incident to
government-financed highway or other construction; K.A.R. 47-6-
10(b)(4), exemption for coal extraction incident to the extraction of
other minerals; K.A.R. 47-7-2 (b)(6) and (b)(8), coal exploration;
K.A.R. 47-8-9 (a)(1) and (b)(8), bonding procedures; K.A.R. 47-9-1(c),
performance standards; K.A.R. 47-9-1 (c)(17) and (e)(17), use of
explosives: general requirements; K.A.R. 47-9-1(c)(35), backfilling and
grading: time
[[Page 2918]]
and distance requirements; K.A.R. 47-9-1(j)(9), substitution of Kansas
terms for Federal terms in 30 CFR Parts 816 and 817; K.A.R. 47-16-1,
eligible lands and water; K.A.R. 47-16-6(d), liens; K.A.R. 47-16-9(a),
contractor responsibility; K.A.R. 47-16-10(b)(1), exclusion of certain
noncoal reclamation sites; and K.A.R. 47-16-11 (a)(2)(A) and (b)(2)(A),
reports. OSM notified Kansas of the concerns by letter dated October 8,
1997 (Administrative Record No. KS-615.5). Kansas responded in a letter
dated November 14, 1997 (Administrative Record No. KS-615.6), by
submitting a revised amendment.
Via the facsimile machine on December 31, 1997 (Administrative
Record No. KS-615.7), OSM notified Kansas of additional concerns
regarding its November 14, 1997, response. These concerns involved
typographical errors at K.A.R. 47-9-1(c)(35)(a), backfilling and
grading: time and distance requirements, and K.A.R. 47-16-11(a),
reports. Kansas responded to the concerns by correcting the
typographical errors in a letter dated on December 31, 1997
(Administrative Record No. KS-615.8). The proposed revisions are
discussed below.
A. Kansas Regulatory Program
1. Regulations With Editorial Changes
Kansas proposes minor wording changes, paragraph notation changes,
citation corrections, and other editorial changes in the following
sections of the K.A.R.: 47-2-53, definition of regulatory authority;
47-2-75(6)(A), definition of director, 47-3-42 (a)(2), violation
information; 47-3-42 (a)(49)(B), (a)(49)(E), and (a)(49)(G), procedures
for challenging ownership or control links shown in AVS; 47-3-42
(a)(50)(E), standards for challenging ownership or control links and
the status of violations; 47-5-5a(c)(4)(D), review of waiver
determination; 47-5-5a (c)(6)(C)(i) and (c)(6)(E), summary disposition;
47-6-8(b), termination of jurisdiction; 47-6-9(b)(3), exemption for
coal extraction incident to government-financed highway or other
construction; 47-6-10(b)(4), exemption for coal extraction incident to
the extraction of other minerals; 47-7-2 (b)(6) and (b)(8), coal
exploration; 47-8-9(b)(8), bonding procedures; 47-9-1(c), performance
standards; 47-9-1 (c)(17) and (e)(17), use of explosives: general
requirements; and 47-9-1(j)(9), substitution of Kansas terms for
Federal terms in 30 CFR Parts 816 and 817.
2. K.A.R. 47-3-42 (a)(49), Procedures for Challening Ownership or
Control Links Shown in AVS
Kansas proposes not to adopt by reference 30 CFR 773.24(a)(1).
3. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales
Kansas proposes to add paragraph (c)(4) to read as follows:
``Act'' shall be replaced by ``state act.''
4. K.A.R. 47-8-9(a)(1), Regulatory Authority Responsibilities
Kansas proposes to add the phrase, ``deleting subsection (d),'' at
the end of this paragraph because the Kansas program does not have
provisions for self-bonding.
5. K.A.R. 47-9-1(c)(35), Backfilling and Grading: Time and Distance
Requirements
Kansas proposes to incorporate into its regulations language that
is substantively identical to the Federal regulations at 30 CFR
816.101.
B. Kansas Abandoned Mine Land Reclamation Plan
1. Regulations With Editorial Changes
Kansas proposes minor wording changes, paragraph notation changes,
citation corrections, and other editorial changes in the following
sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-6(d),
liens; 47-16-9(a), contractor responsibility; and 47-16-10(b)(1),
exclusion of certain noncoal reclamation sites.
2. K.A.R. 47-16-11, Reports
Kansas proposes to delete sections (a)(1)(A) through (c) and to
revise section (a) to read as follows:
(a) For each grant, cooperative agreement or both, the
department shall semiannually or annually (whichever the case may
be) submit to the office of surface mining reclamation and
enforcement any reporting as required by OSM.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Kansas program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. 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 Kansas 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 Mid-Continent Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This proposed 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, 730.15, 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.).
[[Page 2919]]
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
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 9, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-1216 Filed 1-16-98; 8:45 am]
BILLING CODE 4310-05-M
