[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: bkovacic@osmre.gov
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
