[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33110-33115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15344]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-206]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving, with two exceptions, an 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 revisions to the Kentucky Revised Statutes (KRS) pertain
to remining, permits, definitions, appeal rights, water replacement,
and permit revisions. The amendment is intended to revise the Kentucky
program to be consistent with SMCRA.
EFFECTIVE DATE: June 27, 1995.
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director,
Lexington Field Office, OSM, 2675 Regency Road, Lexington, Kentucky
40503. Telephone: (606) 233-2896.
SUPPLEMENTARY INFORMATION: .
I. Background on the Kentucky Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
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
conditions of approval and program amendments can be found at 30 CFR
917.11, 917.13, 917.15, 917.16, and 917.17.
II. Submission of the Proposed Amendment
By letter dated April 29, 1994 (Administration Record No. KY-1279),
Kentucky submitted a proposed amendment to its program pursuant to
SMCRA. Kentucky proposed to revise the following sections of its
statutes: KRS 42, 177, 211, 350, 351, and 352. The revisions pertain to
remining, permits, definitions, appeal rights, water replacement, and
permit revisions and are contained in Senate Bills 208, 214, 249, and
House Bills 338 and 707.
OSM announced receipt of the proposed amendment in the May 20,
1994, Federal Register (59 FR 26472), and in the same document, opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on June 20, 1994.
By letter dated September 1, 1994 (Administrative Record No. KY-
1319), Kentucky submitted additional explanatory information. Because
the information merely clarified certain provisions of the proposed
revisions, [[Page 33111]] OSM did not reopen the comment period.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-reference and paragraph notations to
reflect organizational changes resulting from this amendment.
A. Senate Bill 208
Senate Bill 208, deals for the most part, with the new remining
provisions of the Energy Policy Act of 1992. The Energy Policy Act of
1992, enacted on October 24, 1992, amended section 404 of SMCRA and
added sections 510(e), 515(b) (20)(B), 701(33) and 701(34) of SMCRA. It
should be noted that OSM has proposed rules on remining to reflect the
changes enacted by the Energy Policy Act of 1992. These rules are not
final. Therefore, the Kentucky regulatory program may need to be
amended if it is later found to be inconsistent with the federal rules.
1. At KRS 350.010(22), Kentucky proposes to define ``unanticipated
event or condition'' as an event or condition encountered in a remining
operation that was not contemplated by the applicable surface coal
mining and reclamation permit. At KRS 350.010(23), Kentucky proposes to
define ``lands eligible for remining as those lands that would
otherwise be eligible for expenditures under KRS 350.560 (1) or (2)
(Lands and Waters Eligible for Reclamation or Drainage Abatement
Expenditures).
The Director finds the proposed definitions at KRS 350.010 (22) and
(23) substantively identical to sections 701 (33) and (34) of SMCRA and
therefore no less stringent than these sections.
2. At KRS 350.085(7), Kentucky proposes that if a permit applicant
has a violation resulting from an unanticipated event or condition at a
surface coal mining operation eligible for and under a remining permit,
then the applicant would not be permit blocked for such a violation.
The term ``violation would mean the same as in KRS 350.085(6) and as
Kentucky stated in a September 1, 1994 letter, the exemption from
permit blocking would only apply to violations on remining operations
which occurred after July 15, 1994. This exemption would expire on
September 30, 2004.
The Energy Policy Act of 1992, enacted on October 24, 1992, added
section 510(e) of SMCRA. As of October 24, 1992, section 510(e) of
SMCRA exempts permit applicants from permit blocks for violations
resulting from unanticipated events or conditions that occurred on
lands eligible for remining which were under a permit by the permit
applicant. The Director finds that KRS 350.087 is no less stringent
than 510(e) of SMCRA because the Kentucky statute, as interpreted by
Kentucky's Natural Resources and Environmental Protection Cabinet,
would only allow the permit block exemption for violations resulting
from an unanticipated event or condition occurring after July 15, 1994
on lands eligible for remining.
3. At KRS 350.095(1), Kentucky proposes that the permittee shall
assume responsibility for successful revegetation for a period of five
full years after the last year in which augmented seeding, fertilizing,
irrigation, or other work occurs.
The Director finds the proposed revision at KRS 350.095(1)
substantively identical to and therefore no less stringent than the
language at section 515(b)(20)(A) of SMCRA.
At KRS 350.095(2), Kentucky proposes that on lands eligible for
remining, the permittee shall assume responsibility for successful
revegetation for a period of two full years after the last year in
which augmented seeding, fertilizing, irrigation, or other work occurs
in order to assure compliance with the applicable standards. The
authority for this section terminates on September 30, 2004.
The Director finds the proposed revision at KRS 350.095(2)
substantively identical to and therefore no less stringent than section
515(b)(20)(B) of SMCRA.
4. At KRS 350.560(1), Kentucky proposes that surface coal mining
operations on lands eligible for remining not affect the eligibility of
those lands for reclamation and restoration after the release of the
bond or deposit for a remining operation. In the event the bond or
deposit for a surface coal mining operation on lands eligible for
remining is forfeited, available funds maybe used if the amount of the
bond or deposit is not sufficient to provide for adequate reclamation
or abatement.
The Director finds the proposed revision at 350.560(1)
substantively identical to and therefore no less stringent than the
language of section 404 of SMCRA.
B. Senate Bill 214
1. At new KRS 350.0285 and KRS 351.070(14), Kentucky proposes to
require that the Cabinet and the Commissioner of the Department of
Mines and Minerals (Department) notify the Transportation Cabinet every
six months of permits issued for mine openings and mine closings under
their authority. At KRS 352.420(3), Kentucky proposes to require that
the operator or superintendent of a mine notify the Commissioner every
six months of a mine opening and a mine closure under his authority.
The Federal rules contain no counterpart requirements. The Director
finds the proposed provisions at KRS 350.0285, KRS 351.070(14), and KRS
352.420(3) not inconsistent with the requirements of SMCRA and the
Federal regulations.
2. At KRS 42.470(1)(c), Kentucky proposes to require that all
counties receive an annual payment from the local government economic
assistance fund which is based on the average of total ton miles within
the county during the most recent three-year period.
The Federal rules contain no counterpart requirements. The Director
finds the proposed revisions at KRS 42.470(1)(c) not inconsistent with
the requirements of SMCRA and the Federal regulations.
3. At KRS 177.977(2), Kentucky proposes to require that a copy of
the information furnished to the Cabinet pursuant to the provisions of
section 1 of this Act and a copy of the information furnished to the
Department pursuant to the provisions of sections 2 and 3 of this Act
be submitted to the Transportation Cabinet.
The Federal rules contain no counterpart requirements. The Director
finds the proposed provisions at KRS 177.977(2) not inconsistent with
the requirements of SMCRA and the Federal regulations.
4. At KRS 211.390(1), Kentucky proposes to revise its definition of
``fluidized bed energy production facility'' to mean a fluidized bed
combustion unit installed in a plant facility, subject to certain
conditions.
The Federal rules contain no counterpart definition. The Director
finds the proposed revision at KRS 211.390(1) not inconsistent with the
requirements of SMCRA and the Federal regulations.
5. At KRS 211.392(1), Kentucky proposes to substitute ``fluidized
bed combustion unit'' for ``structure'' and to delete the provision
that the Governor's Office for Coal and Energy Policy will provide
technical assistance and factual [[Page 33112]] information as
requested in writing by the Revenue Cabinet.
The Federal rules contain no counterpart provisions. The Director
finds the proposed revisions at KRS 211.392(1) not inconsistent with
the requirements of SMCRA and the Federal regulations.
6. At KRS 211.392(2), Kentucky proposes to require that before the
denial, revocation, or modification of a fluidized bed combustion
technology tax exemption certificate, the Revenue Cabinet is required
to give the applicant written notice and afford the applicant an
opportunity for a hearing. The requirement that the special assistant
to the Governor for coal and energy policy be notified of the hearing
along with the applicant is deleted.
The Federal rules contain no counterpart provisions. The Director
finds the proposed revisions at KRS 211.392(2) not inconsistent with
the requirements of SMCRA and the Federal regulations.
7. At KRS 211.392(5), Kentucky proposes to delete the requirement
that the notice of issuance or notice of denial, revocation, or
modification of the tax exemption certificate be sent to the special
assistant to the Governor for coal and energy policy. Also deleted is
the designation of the above-referenced special assistant and applicant
as parties for the purposes of review in appeals. At KRS 211.392(6),
Kentucky proposes to specify that any applicant or holder of
certificate aggrieved by the refusal to issue, revocation, or
modification of a fluidized bed combustion tax exemption certificate
has certain appeal rights. At KRS 211.392(8), Kentucky proposes to
delete the requirement that in the event that the purpose for which a
combustion unit with an exemption certificate is held changes, the
above-referenced special assistant must be notified by the holder of
the certificate.
The Federal rules contain no counterpart provisions. The Director
finds the proposed revisions at KRS 211.392(5), (6), and (8) not
inconsistent with the requirements of SMCRA and the Federal
regulations.
8. At KRS 211.392(9), Kentucky proposes to allow a fluidized bed
combustion facility to be exempt from 211.392 as well as sections KRS
132, 136, 138, and 139. Kentucky also proposes to require that each
exemption certificate remain in force for a period of eight years from
the date of issuance and elapse at the end of the said period. Any
fluidized bed combustion unit previously exempt shall not be eligible
for recertification upon completion of the eight year certificate
period.
The Federal rules contain no counterpart provisions. The Director
finds the proposed revisions at KRS 211.392(9) not inconsistent with
the requirements of SMCRA and the Federal regulations.
C. Senate Bill 249
1. At KRS 350.010(1), Kentucky proposes to clarify that excavation
for the purpose of obtaining coal includes extraction of coal from
refuse piles is included in the definition of ``surface coal mining
operations.''
The Director finds the proposed definition of ``surface coal mining
operation'' at 350.010(1) substantively identical to and therefore no
less stringent than the Federal definition at 701(28) of SMCRA.
2. At KRS 350.010(9), in response to the required amendment at 30
CFR 917.16(j)(2), see 58 FR 42001 (August 6, 1993), Kentucky proposes
to revise the definition of ``person'' to mean any individual,
partnership, corporation, association, society, joint stock company,
firm, company, or other business organization; and shall also include
any agency, unit, instrumentality of Federal, State, or local
government including any publicly owned utility or publicly owned
corporation of Federal, State, or local government.
The Director finds the proposed definition of ``person''
substantively identical to and therefore no less effective than the
Federal definition at 30 CFR 700.5. He is removing the required
amendment at 30 CFR 917.16(j)(2), which required Kentucky to revise its
definition of ``person'' to include all entities encompassed by the
Federal definition.
3. At KRS 350.0301(4), Kentucky is proposing to require that all
hearings be open to the public. The phrase ``except as ordered by the
hearing officer'' is deleted in response to the required amendment at
30 CFR 917.16(j)(1) which required Kentucky to delete the phrase.
Therefore, the Director finds that the deletion of the phrase renders
this section no less stringent than 525 of SMCRA. The Director is
removing the required amendment at 30 CFR 917.16(j)(1).
At KRS 350.0305(1), Kentucky is proposing to delete its hearing
provisions and transfer them, with minor revisions, to 350.0301(1). At
KRS 350.0305, Kentucky is proposing to require that judicial review of
a final order resulting from a hearing on the issuance of a notice of
noncompliance, the issuance of an order for cessation and immediate
compliance, the assessment of civil penalties, or a bond forfeiture be
in compliance with KRS 350.032. At KRS 350.032(2), Kentucky is
proposing to permit any person aggrieved by a final order of the
Cabinet resulting from a hearing on the issuance of a notice of
noncompliance, the issuance of an order for cessation and immediate
compliance, the assessment of civil penalties, or a bond forfeiture to
obtain a review of the order by filing a written petition in the
appropriate county circuit court.
Section 526(e) of SMCRA requires that actions of the State
Regulatory Authority be subject to judicial review by a court of
competent jurisdiction. Kentucky is providing judicial review of its
enforcement actions and therefore the Director finds KRS 350.0305 and
350.032(a) to be in accordance with 526(e) of SMCRA.
D. House Bill 338
At KRS 350.421 (1) and (2), Kentucky proposes to extend its water
rights and replacement provisions to water resources and supplies
affected by underground mining, as well as surface mining.
It should be noted that KRS 350.255(2) is deleted. This deletion
was previously approved by OSM on August 6, 1993 at 58 FR 42001, 42003.
Consequently, the deletion does not need to be addressed in this
rulemaking.
The Federal law at section 720(a)(2) requires the prompt
replacement of any drinking, domestic or residential water supply from
a well or spring in existence prior to the application for a surface
coal mining permit which has been affected by contamination, diminution
or interruption resulting from underground coal mining operations. The
Kentucky statute also provides for the replacement of any drinking,
domestic or residential water supply but is silent on whether or not
the replacement of water supplies will be prompt. Therefore, the
Director finds KRS 350.421 no less stringent than 720(a)(2) of SMCRA
except to the extent that the Kentucky statute does not provide for the
prompt replacement of water supplies.
He is requiring that Kentucky amend its program to provide for
prompt replacement. In its letter dated September 1, 1994, Kentucky
stated that it is not authorized by State law to retroactively apply
the water replacement requirements to water losses which occurred
between October 24, 1992, and July 15, 1994, the effective date of
House Bill 338. The Director is deferring decision on the enforcement
of the provisions of SMCRA section 720(a) during the period from the
effective date of SMCRA section 720 (October 24, [[Page 33113]] 1992)
to the effective date of KRS 350.421 (1) and (2) (July 15, 1994).
Pursuant to newly promulgated 30 CFR 843.25, OSM intends to publish by
July 31, 1995, for each State with a regulatory program, including
Kentucky, final rule notices concerning the enforcement of the
provisions of the Energy Policy Act in those States.
E. House Bill 707
At KRS 350.070(1), Kentucky proposes to permit 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.
The Federal rules do not require that areas overlying proposed
underground workings be included in the permit area if no surface
disturbance is planned. The Director finds the proposed revisions at
KRS 350.070(1) not inconsistent with the requirements of SMCRA and the
Federal rules.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. Two public comments
were received. Because no one requested an opportunity to speak at a
public hearing, no hearing was held.
The Coal Operators and Associates Inc. expressed its general
support for the amendment. The Kentucky Resources Council, Inc. (KRC)
had several comments:
1. House Bill 383--The KRC was concerned with the practical
implementation of the new protections of KRS 350.421 (1) and (2). The
KRC anticipates proof difficulties where mine related water loss or
quality diminution occurs. The KRC then recommended several courses of
action. The Director notes that the scope of this amendment are the
revisions to the Kentucky statutes and that the concerns raised by the
KRC are beyond the scope of this rulemaking and do not pertain to KRS
350.421, which the KRC found to be consistent with SMCRA.
2. Senate Bill 208--The KRC stated that this Bill does not provide
a commencement date for the operation of the statute's provisions and
could be construed to require waiving permit blocking for violations
that occurred before 1992 on pre-1992 permitted remining sites. KRC
asserts that Congress did not intend section 510(e) to apply either to
violations which occurred prior to October 24, 1992 or to permits
issued before that date. KRC posits the purpose of section 510(e) is to
provide solely post-enactment date incentives for remining. KRC also
cautioned of the difficulty of establishing the existence of
unanticipated events or conditions at permits issued before October 24,
1992.
OSM disagrees with part of the comment. As to the date the
violation occurs, Kentucky will exempt permit applicants from permit
blocks for violations that occurred after July 15, 1994 as a result of
an unanticipated event or condition on lands eligible for remining.
Regarding the date the remining permit is issued, the plain
language of section 510(e) of SMCRA does not require that the remining
permit have been issued after October 24, 1992, only that the
application for the new permit be on or after October 24, 1992. While
the legislative history of section 2503 of the Energy Policy Act
indicates that the remining amendments to SMCRA were, as a whole, meant
to provide incentives to industry to extract coal which would otherwise
be bypassed, the text of section 510(e) is also consistent with
Congressional awareness of, and a need to correct the inequality of
permit applicants being permit blocked for a violation resulting from
an event or condition at a remining site which they could not have
reasonably anticipated nor over which they had any control, regardless
of the date of permit issuance.
The application of section 510(e) should also not be limited on the
basis of the potential difficulty of establishing unanticipated events
or conditions on permits issued before October 24, 1992. As with any
permit requirement, the burden is on the applicant to make the required
demonstration. Regulatory authorities will decide whether to apply
section 510(e) based upon information set forth in the permit
application. Moreover, any difficulty a regulatory authority night
experience in evaluating whether the event or condition underlying the
potentially permit blocking violation was reasonably unanticipated or
whether the violation occurred on lands eligible for remining would be
no greater on October 23, 1992, the day before section 510(e) was
enacted, than on the following day. Accordingly, OSM does not interpret
this section to impose a post-October 24, 1992 limitation on when
permits must have been issued. This issue may, however, become
increasingly academic for there are ever fewer pre-October 24, 1992
remining permits which are still in active mining reclamation.
The KRC was concerned that revisions to KRS 350.032, 350.0301 and
350.0305 may be construed to eliminate the ability to obtain under KRS
350.032(4) temporary relief of cabinet orders and determinations that
are not related to bond forfeitures or enforcement orders. In a letter
dated September 1, 1994, Kentucky stated that KRS 350.032(4), its
temporary relief provision, applies to orders issued ``under this
chapter.'' Kentucky interprets KRS 350.032(4) to authorize temporary
relief in appeals under both KRS 350.0305 and KRS 350.032. The Director
agrees with Kentucky's interpretation since the phrase ``under this
chapter'' means Chapter 350 and sections 350.032, 350.0301 and 350.0305
all are within Chapter 350.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Kentucky program. The U.S.
Department of the Interior, Bureau of Land Management and Bureau of
Mines; the U.S. Department of Labor, Mine Safety and Health
Administration; and the U.S. Department of Agriculture, Soil
Conservation Service, concurred without comment. The U.S. Department of
the Interior, Fish and Wildlife Service, commented that the reduction
in the period of responsibility for revegetation success for remining
sites from five years to two years would result in lost opportunities
to assure vegetative success on highly erosive sites. It recommended
that the regulation remain unchanged. The Director notes Kentucky's
proposed revision is identical to SMCRA's standards at section
515(b)(20)(B).
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
On May 13, 1994, OSM solicited EPA's concurrence with the proposed
amendment. By letter dated May 17, 1995, EPA concurred with the
provisions of the proposed amendment.
V. Director's Decision
Based on the above findings, the Director approves, with two
exceptions, the proposed amendment as submitted by Kentucky on April
29, 1994. As [[Page 33114]] noted in Finding D concerning the proposed
revisions at KRS 350.421(1) and (2), the Director is requiring that
Kentucky amend its program to provide for the prompt replacement of
water supplies. He is deferring decision on the enforcement of the
provisions of SMCRA section 720 during the period from the effective
date of SMCRA section 720 (October 24, 1992) to the effective date of
KRS 350.421(1) and (2) (July 15, 1994). As noted in Finding C, the
Director is also removing the required amendments at 30 CFR
917.16(j)(1) and (j)(2).
On March 31, 1995, OSM published final rules on subsidence to
reflect the changes enacted by the Energy Policy Act of 1992, Pub. L.
102-486 (60 FR 16722). OSM intends to publish by July 31, 1995, for
each State with a regulatory program, including Kentucky, final rule
notices concerning the enforcement of the provisions of the Energy
Policy Act in those States. Therefore, those portions of the Kentucky
amendment that reflect changes because of the Energy Policy Act of
1992, are approved with the understanding that Kentucky may have to
amend its program to correct any inconsistencies that may arise after
the publication of the Federal final rules on July 31, 1995.
The Federal regulations at 30 CFR Part 917, codifying decisions
concerning the Kentucky program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. Thus, any changes to the State program are not enforceable
until approved by OSM. The Federal regulations at 30 CFR 732.17(g)
prohibit any unilateral changes to approved State programs. In the
oversight of the Kentucky program, the Director will recognize only the
statutes, regulations and other materials approved by OSM, together
with any consistent implementing policies, directives and other
materials, and will require the enforcement by Kentucky of only such
provisions.
VI. 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.
43332(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
corresponding 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 corresponding Federal regulations.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 16, 1995.
Robert A. Penn,
Acting Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 917--KENTUCKY
1. The authority citation for part 917 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 917.15 is amended by adding paragraph (yy) to read as
follows:
Sec. 917.15 Approval of regulatory program amendments.
* * * * * * *
(yy) The following statutes, as submitted to OSM on April 29, 1994,
and supplemented with additional explanatory information on September
1, 1994, are approved effective June 27, 1995, except to the extent
that KRS 350.421 does not provide for the prompt replacement of water
supplies:
KRS 350.010(2), (16), (22), (23)... Definitions.
KRS 350.421........................ Water Supplies.
KRS 350.085(1), (7)................ Violations.
KRS 350.095(1), (2)................ Revegetation.
KRS 350.560(1)..................... Bonds.
KRS 350.0285....................... Notification Procedures.
KRS 351.070(14).................... Notification Procedures.
KRS 352.420(3)..................... Notification Procedures.
KRS 42.470(1)(c)................... Reimbursement.
KRS 211.390(1)..................... Definitions.
KRS 211.392(1), (2)................ Exemption Application.
KRS 211.392(5)..................... Exemption Certificate.
KRS 132, 136, 138, 139............. Term of Certificate.
KRS 350.010(1)..................... Definitions.
KRS 350.010(9)..................... Definitions.
KRS 350.0301(1) and (4)............ Hearing Procedures.
KRS 350.0305....................... Judicial Review.
KRS 350.032(2), (4)................ Hearing Procedures.
KRS 350.421(1), (2)................ Water Replacement.
KRS 350.070(1)..................... Permit Revision.
[[Page 33115]]
KRS 177.977........................ Coal Transportation.
KRS 351.070(13).................... Authority Provisions.
KRS 211.392(6), (8)................ Exemption Certificates.
The Director is deferring decision on the enforcement of the
provisions on SMCRA section 720 during the period from the effective
date of SMCRA section 720 (October 24, 1992) to the effective date of
KRS 350.421(1) and (2) (July 15, 1994).
3. Section 917.16 is amended to remove and revise paragraph (j) and
to add paragraph (m) to read as follows:
Sec. 917.16 Required regulatory program amendments.
* * * * *
(j) [Reserved]
* * * * *
(m) By August 28, 1995, Kentucky shall submit either a proposed
amendment or a description of an amendment to be proposed, together
with a timetable for adoption of proposed revisions to its program to
specify that Kentucky's program provide for the prompt replacement of
water supplies.
[FR Doc. 95-15344 Filed 6-26-95; 8:45 am]
BILLING CODE 4310-05-M
