[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12362]
[[Page Unknown]]
[Federal Register: May 20, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 917
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Kentucky regulatory program (hereinafter referred to as the Kentucky
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of five bills amending
Kentucky Revised Statutes (KRS) Chapter 350 that were enacted by the
1994 Regular Session of the Kentucky General Assembly and signed into
law by the Governor. The amendment is intended to implement the
remining provisions of the Federal Energy Policy Act of 1992, to
improve the operational efficiency of the Kentucky program, and to
revise the Kentucky program to be consistent with the corresponding
Federal rules and SMCRA.
DATES: Written comments must be received on or before 4 p.m. [e.d.t] on
June 20, 1994. If requested, a public hearing on the proposed amendment
will be held at 10 a.m. [e.d.t] on June 14, 1994. Requests to speak at
the hearing must be received on or before 4 p.m. [e.d.t] on June 6,
1994. 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.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to: William J. Kovacic, Director, Lexington
Field Office, at the address listed below.
Copies of the Kentucky program, the proposed amendment, listing of
any scheduled public hearings, and all written comments received in
response to this document will be available for review at the addresses
listed below, Monday through Friday, 9 a.m. to 4 p.m., excluding
holidays.
Each requestor 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) 233-2896.
Department of Surface Mining Reclamation and Enforcement, No. 2 Hudson
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.
FOR FURTHER INFORMATION CONTACT:
William J. Kovacic, Director, Lexington Field Office, Telephone: (606)
233-2896.
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, 917.15, 917.16 and 917.17.
II. Description of the Proposed Amendment
By letter dated April 29, 1994 (Administrative Record No. KY-1279),
Kentucky submitted a proposed amendment containing five bills amending
KRS Chapter 350 that were enacted by the 1994 Regular Session of the
Kentucky General Assembly and signed into law by the Governor. The
contents of the five bills are as follows:
Senate Bill 208
S.B. 208 implements in Kentucky law, the remining provisions of the
Federal Energy Policy Act of 1992:
It eliminates blocking of future permits to an applicant with an
unabated violation, if the unabated violation results from an
unanticipated event or condition at an operation under a remining
permit held by the applicant on lands eligible for remining. It also
defines the terms ``unanticipated event or condition'' and ``lands
eligible for remining.'' This authority terminates on September 30,
2004.
It reduces the period of responsibility for revegetation success
from five years to two years for remaining operations. This authority
terminates on September 30, 2004.
It makes remined areas again eligible for expenditure of Abandoned
Mine Land funds after release or forfeiture of the performance bond.
Sentate Bill 214
S.B. 214 requires the Natural Resources and Environmental
Protection Cabinet (NREPC) to notify the secretary of the Transforation
Cabinet every six months of permits issued for mine openings, and mine
closing under the authority of the NREPC.
Senate Bill 249
S.B. 249 is a ``housekeeping'' bill that also addresses some issues
previously raised by OSM:
It expands the definition of the term ``surface coal mining
operations'' to expressly include extraction of coal from coal refuse
piles.
It expands the definition of the term ``person'' to expressly
include instrumentalities of government, including any publicly-owned
utility or publicly-owned corporation.
It deletes an exception that currently allows a hearing officer to
close an administrative hearing to the public. Under the bill, all
hearings conducted pursuant to KRS Chapter 350 would be open to the
public.
It moves language from KRS 350.0305 to 350.0301 granting the right
to a public hearing on NREPC determinations and certain procedures
thereof. With this change, KRS 350.0301 relates to administrative
hearings, whereas 350.0305 relates to appeals to Franklin Circuit Court
from final cabinet orders resulting from administrative hearings.
It provides that a person aggrieved by a final order resulting from
an administrative hearing on a notice of noncompliance, an order for
cessation and immediate compliance, an assessment of civil penalties,
or a bond forfeiture, may appeal in accordance with KRS 350.032 which
provides, among other things, that the order may be appealed either to
Franklin Circuit Court or the Circuit Court in the county where the
mine is located.
It deletes old language from KRS 350.255 that has been replaced by
new language in 350.0301, so that 350.255 now relates only to petitions
requesting that the cabinet promulgate administrative regulations.
House Bill 338
H.B. 338 places upon underground coal mines the same obligation to
replace damaged water supplies that currently exist only for surface
coal mines.
House Bill 707
H.B. 707 allows extensions of the underground mining area that are
not incidental boundary revisions and do not include planned subsidence
or other new proposed surface disturbances, to be made by application
for a major revision to the permit rather than by application for an
amendment to the permit.
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
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commentor'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
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m. [e.d.t]
on June 6, 1994. 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.
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. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 16, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-12362 Filed 5-19-94; 8:45 am]
BILLING CODE 4310-05-M
