[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Proposed Rules]
[Pages 30535-30540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14548]
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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; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Kansas program and Abandoned Mine Land Reclamation Plan (hereinafter
the ``Kansas program'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of
revisions to Kansas' regulations for its regulatory program and
abandoned mine land reclamation plan pertaining to communications,
petitions to initiate rulemaking, notice of citizen suits, preparation
and submission of reports by the permittee, definitions, permit
applications, administrative hearing procedures, civil penalties,
permit review, permit revision, permit renewals, permit transfers,
assignments, and sales, permit conditions, permit suspension or
revocation, termination of jurisdiction, exemption for coal extraction
incident to government-financed highway or other construction,
exemption for coal extraction incidental to the extraction of other
minerals, coal exploration, bonding procedures, performance standards,
revegetation, interim performance standards, underground mining, small
operator assistance program, lands unsuitable for surface mining,
training, certification, and responsibilities of blasters and
operators, employee financial interest, inspection and enforcement,
eligible lands and water, reclamation project evaluation, consent to
entry, liens, appraisals, contractor responsibility, exclusion of
certain noncoal reclamation sites, and abandoned mine land reclamation
plan reports. The amendment is intended to revise the Kansas program to
be consistent with the corresponding Federal regulations.
This document sets forth the times and locations that the Kansas
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., July 7,
1997. If requested, a public hearing on the proposed amendment will be
held on June 30, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t. on June 19, 1997.
ADDRESSES: Written comments and requests to speak at the hearing 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, a listing of
any scheduled public hearings, 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 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, Illinois, 62002, Telephone: (618) 463-6460.
Kansas Department of Health and Environment, Surface Mining
Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316)
231-8540.
FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent
[[Page 30536]]
Regional Coordinating Center, Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
On January 21, 1981, the Secretary of the Interior conditionally
approved the Kansas program. Background information on the Kansas
program, 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). Subsequent actions concerning
the Kansas program can be found at 30 CFR 916.10, 916.12, 916.15, and
916.16.
II. Description 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), 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), and at its own initiative. Kansas
proposes to amend the Kansas Administrative Regulations (K.A.R.). The
full text of the proposed program amendment submitted by Kansas is
available for public inspection at the locations listed above under
ADDRESSES. A brief discussion of the proposed amendment is presented
below.
A. Kansas Regulatory Program
1. Regulations Proposed for Revocation or Deletion
Kansas proposes to revoke or delete the following sections of the
K.A.R.: 47-1-1, title of rules; 47-1-4, sessions; 47-1-10, general
notice requirement; 47-2-14, definition of complete and accurate
application; 47-4-14, public hearings; 47-4-14a(b)(2), definition of
person; and 47-4-14a (d)(4)(G), (d)(5)(B)(i), (d)(17)(C), formal
hearings;
2. 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.: 47-1-3, communication; 47-1-8, petitions to
initiate rulemaking; 47-1-9, notice of citizen suits, 47-1-11,
permittee preparation and submission of reports; 47-2-21, definition of
employee; 47-2-53, definition of regulatory authority or state
regulator authority; 47-2-53a, definition of regulatory program; 47-2-
58, definition of significant, imminent, environmental harm to land,
air or water resources; 47-2-64, definition of state act; 47-2-67,
definition of surety bond; 47-2-74, definition of public road; 47-3-1,
application for mining permit; 47-3-3a, permit application maps; 47-3-
42, application for mining permit; 47-4-14a(a)(2), administrative
hearing procedure; 47-4-14a(b), definition of party; 47-4-14a(c), rules
of procedure; 47-4-14a(d), formal hearings; 47-4-15, administrative
hearings--discovery; 47-4-16, interim orders for temporary relief; 47-
4-17, administrative hearings--award of costs; 47-5-5a, civil
penalties; 47-5-16, final assessment and payment of civil penalty; 47-
6-1, permit review; 47-6-2, permit revision; 47-6-3, permit renewals;
47-6-4, permit transfers, assignments, and sales; 47-6-6, permit
conditions; 47-6-7, permit suspension or revocation; 47-6-9, exemption
for coal extraction incident to government-financed highway or other
construction; 47-6-10, exemption for coal extraction incidental to the
extraction of other minerals; 47-7-2, coal exploration; 47-8-9, bonding
procedures; 47-8-11, use of forfeited bond funds; 47-9-1, performance
standards; 47-9-2, revegetation; 47-9-4, interim performance standards;
47-10-1, underground mining; 47-11-8, small operator assistance
program; 47-12-4, lands unsuitable for surface mining; 47-13-4,
training, certification, and responsibilities of blasters and
operators; 47-13-5, responsibilities of operators and blasters-in-
charge; 47-13-6, training; 47-14-7, employee financial interests; 47-
15-1a, inspection and enforcement; 47-15-3, lack of information--
inability to comply; 47-15-4, injunctive relief; 47-15-7, state
inspections; 47-15-8, citizen's requests for state inspections; 47-15-
15, service of notices of violations and cessation orders; and 47-15-
17, maintenance of permit areas. Substantive revisions included in
these regulations are summarized below.
3. K.A.R. 47-2-75, Definitions
a. Kansas proposes to revise its adoption by reference of
applicable Federal definitions contained in 30 CFR 700.5, 701.5, 705.5,
773.5, and 846.5 from as they existed on July 1, 1990, to as they
existed on July 1, 1995.
b. Kansas proposes to revise its definition of director at K.A.R.
47-2-75(a)(5) [was 47-2-75(a)(6)] by referencing additional sections of
the Federal regulations for which the term ``director'' means the
Director, Office of Surface Mining, Reclamation, and Enforcement. The
additional referenced sections are 30 CFR 705.4(a), 705.11(c) and (d),
705.13, 705.15, 705.19(a), and 705.21.
c. At K.A.R. 47-2-75(e)(6), Kansas proposes to revise its adoption
by reference of 30 CFR 846.5 by specifying that the reference to
``Section 703 of the act'' shall be replaced by ``K.S.A. 1995 Supp. 75-
2973.''
4. K.A.R. 47-3-2(b), Application for Mining Permit
At K.A.R. 47-3-2(b), Kansas proposes to revise its adoption by
reference of applicable Federal regulations concerning permit
applications at 30 CFR 777.11, 777.13, 777.14, and 777.15 from as they
existed on July 1, 1990, to as they existed on July 1, 1995.
5. K.A.R. 47-3-42, Application for Mining Permit
a. At K.A.R. 47-3-42(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations concerning permit
applications at 30 CFR Parts 773, 778, 779, 780, and 785 from as they
existed on July 1, 1990, to as they existed on July 1, 1995.
b. At K.A.R. 47-3-42(a)(2), in its adoption by reference of 30 CFR
778.14, Kansas proposes to specify that the term ``act'' shall mean
``the surface mining control and reclamation act of 1977 (Pub. L. 95-
87)'' and amendments thereto.
c. At K.A.R. 47-3-42(a)(15), Kansas proposes to remove its adoption
by reference of 30 CFR 779.22, land-use information.
d. At K.A.R. 47-3-42(a)(17), Kansas proposes to adopt by reference
30 CFR 780.4.
e. At K.A.R. 47-3-42(a)(43), Kansas proposes to add a clarifying
statement to its adoption by reference of 30 CFR 773.15. The statement
reads as follows:
Only in paragraph 30 CFR 773.15(b) shall the term ``act'' mean
``surface mining control and reclamation act of 1977 (Pub. L. 95-
87)'' and amendments thereto. All other references to the term
``act'' in 30 CFR 773.15 shall be replaced with ``state act.''
f. AT K.A.R. 47-3-42(a)(45), Kansas proposes to add a clarifying
statement to its adoption by reference of 30 CFR 773.20. The statement
reads as follows:
except in subsection (c)(2) ``43 CFR 4.1370 through 4.1377, where
OSM is the regulatory author, or under the State program equivalent,
where a state is the regulatory authority'' shall be replaced by
``K.A.R. 47-4-14a''
[[Page 30537]]
g. At K.A.R. 47-3-42(a)(47), Kansas proposes to adopt 30 CFR 773.22
by reference.
h. At K.A.R. 47-3-42(a)(48), Kansas proposes to adopt 30 CFR 773.23
by reference.
i. At K.A.R. 47-3-42(a)(49), Kansas proposes to adopt 3 CFR 773.24
by reference with exceptions that replace certain Federal Terms and
citations with the appropriate State terms and citations and by
providing the State address where an individual may submit information
on a challenge of the status of a State violation.
j. At K.A.R. 47-3-42(a)(50), Kansas proposes to adopt 30 CFR 773.25
by reference with exceptions that replace certain Federal terms and
citations with the appropriate State terms and citations. Kansas is
also proposing to replace 30 CFR 773.25(b) with K.A.R. 47-3-
42(a)(50)(B) which authorizes the secretary of the Kansas Department of
Health and Environment or his designee to make decisions concerning
ownership or control relationships within Kansas' coal mining
applications, issued permits, and state violations.
6. K.A.R. 47-4-14a, Administrative Hearing Procedures
a. At K.A.R. 47-4-14a(c)(2), Kansas proposes to change the
information on where to file administrative hearing documents. All
documents are to be filed with the administrative appeals section of
the Kansas Department of Health and Environment, suite 400D, 109 SW
9th, Topeka, Kansas 66612-1215.
b. At K.A.R. 47-4-14a(d)(2)(D), concerning disqualification of a
presiding officer, Kansas proposes to add a new provision that reads as
follows:
In the event that the presiding officer fails to grant a
petition for disqualification, the petitioning party may file an
affidavit of personal bias or disqualification with substantiating
facts, and the matter of disqualification shall be determined by the
secretary.
c. At K.A.R. 47-4-14a(d)(6)(E)(iv), Kansas proposes to add a
provision that requires notice of a formal hearing to be posted at the
surface mining section office and, where practicable, be published in a
newspaper of general circulation in the area of the mine at least seven
days prior to the hearing.
d. At K.A.R. 47-4-14a(d)(15), Kansas proposes to allow the
presiding officer or secretary or secretary's designee to take action
on a petition for stay either before or after the effective date of an
initial or final order.
7. K.A.R. 47-4-15, Administrative Hearings--Discovery
At K.A.R. 47-4-15, Kansas proposes to add an introductory statement
regarding discovery in administrative hearings: ``Discovery shall be
permitted to the extent allowed by the presiding officer or as agreed
to by the parties.''
8. K.A.R. 47-5-5a, Civil Penalties
a. At K.A.R. 47-5-5a(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations concerning civil penalties
at 30 CFR 845.11, 845.12, 845.13, 845.14, 845.15, 845.16, 845.17,
845.18, 845.19, and Part 846 from as they existed on July 1, 1990, to
as they existed on July 1, 1995.
b. At K.A.R. 45-5-5a(a)(10), Kansas proposes exceptions to its
adoption of 30 CFR Part 846 by replacing certain Federal terms and
citations with the appropriate State terms and citations. Kansas also
proposes to adopt by reference 30 CFR 870.15(e)(1)-(5), (f), and (g) as
they relate to 30 CFR 846.18(d) with the exception of the sentence in
paragraph (f) that specifies that ``[t]his penalty is in addition to
the interest described in paragraph (c) of this section.''
c. At K.A.R. 47-5-5a(b)(13) through (20), Kansas proposes to add
more State terms that will replace specified Federal terms wherever
they appear in the text of the Federal regulations, concerning civil
penalties, adopted by reference under K.A.R. 47-5-5a(a).
d. Kansas proposes to revise K.A.R. 47-5-5a(c)(5), concerning the
burden of proof in civil penalty proceedings, by requiring that the
department have the burden of going forward to establish a prima facie
case as to the fact of the violation, the amount of the civil penalty,
and the ultimate burden of persuasion as to the amount of the civil
penalty and that the person who petitioned for review have the ultimate
burden of persuasion as to the fact of the violation.
e. Kansas proposes to revise K.A.R. 47-5-5a(c)97)(C), concerning
the initial order of the presiding officer, by requiring the presiding
officer to order the department to remit the appropriate amount to the
person who made the payment within 30 days of receipt of the order
finding no violation or reducing the penalty paid.
f. Kansas proposes to revise K.A.R. 47-5-5a(c)(7)(D) by requiring
that if the presiding officer increases the amount of the civil penalty
above that of the proposed assessment, the presiding officer is to
order payment of the appropriate amount within 15 days after an order
increasing the civil penalty if mailed.
9. K.A.R. 47-6-3, Permit Renewals
At K.A.R. 47-6-3(a), Kansas proposes to revise its adoption by
reference of 30 CFR 774.15, concerning permit renewals, from as they
existed on July 1, 1990, to as they existed on July 1, 1995.
10. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales
At K.A.R. 47-6-4(b), Kansas proposes to revise its adoption by
reference of 30 CFR 774.17, concerning transfer, assignments, or sale
of permit rights, from as they existed on July 1, 1990, to as they
existed on July 1, 1995.
11. K.A.R. 47-6-6, Permit Conditions
At K.A.R. 47-6-6(a), Kansas proposes to revise its adoption by
reference of 30 CFR 773.17, concerning permit conditions, from as they
existed on July 1, 1990, to as they existed on July 1, 1995.
12. K.A.R. 47-6-7, Permit Suspension or Revocation
Kansas proposes to revise K.A.R. 47-6-7(h)(1) by requiring a party
to file a notice of appeal of an initial order in a suspension or
revocation proceeding with the secretary within 15 days after receipt
of the order.
13. K.A.R. 47-6-9, Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction
At K.A.R. 47-6-9(a), Kansas proposes to revise its adoption by
reference of the Federal regulations at 30 CFR 707.4, 707.5, 707.11,
and 707.12 from as they existed on July 1, 1990, to as they existed on
July 1, 1995.
14. K.A.R. 47-6-10, Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals
At K.A.R. 47-6-10(a), Kansas proposes to revise its adoption by
reference of the Federal regulations at 30 CFR 702.1, 702.5, 702.10,
702.11, 702.12, 702.13, 702.14, 702.15, 702.16, 702.17, and 702.18 from
as they existed on July 1, 1990, to as they existed on July 1, 1995.
15. K.A.R. 47-7-2, Coal Exploration
At K.A.R. 47-7-2(a), Kansas proposes to revise its adoption by
reference of the Federal regulations 30 CFR 772.11, 772.12, 772.13,
772.14, and 772.15 from as they existed on July 1, 1990, to as they
existed on July 1, 1995.
[[Page 30538]]
16. K.A.R. 47-8-9, Bonding Procedures
At K.A.R. 47-8-9(a), Kansas proposes to revise its adoption by
reference of the Federal regulations 30 CFR 800.4, 800.5, 800.11,
800.12, 800.13, 800.14, 800.15, 800.16, 800.17, 800.20, 800.21, 800.30,
800.40, 800.50, and 800.60 from as they existed on July 1, 1990, to as
they existed on July 1, 1995.
17. K.A.R. 47-9-1, Performance Standards
a. At K.A.R. 47-9-1(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations 30 CFR 810 from as they
existed on July 1, 1990, to as they existed on July 1, 1995. At K.A.R.
47-9-1(a)(3), Kansas proposes to add an exception to the adoption of 30
CFR 810.11: the reference to ``parts 815 through 828'' shall be
replaced by their counterpart in K.A.R. 47-9-1. Kansas also proposes to
add exceptions at new subsection (a)(5): the phrases ``every state
program'' and ``the applicable regulatory program'' shall be replaced
by ``the regulatory program.''
b. At K.A.R. 47-9-1(b), Kansas proposes to revise its adoption by
reference of applicable Federal regulations 30 CFR Part 815 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
c. K.A.R. 47-9-1(c), Surface Coal Mining Performance Standards. (1)
At K.A.R. 47-9-1(c), Kansas proposes to revise its adoption by
reference of applicable Federal regulations 30 CFR 816 from as they
existed on July 1, 1990, to as they existed on July 1, 1995.
(2) Kansas proposes an exception to its adoption of 30 CFR 816.61
at subsection (c)(17): the term ``subchapter'' shall not be replaced by
K.A.R. 47-9-1(c), and everything but the statement ``all blasting
operations shall be conducted under the direction of a certified
blaster'' shall be deleted from 30 CFR 816.61(c)(1).
(3) Kansas proposes to delete the existing language in subsection
(c)(35) and to add new subsection (c)(35) to adopt 30 CFR 816.101,
backfilling and grading time and distance requirements, by reference.
The rest of the paragraphs in subsection (c) were renumbered to reflect
this addition.
(4) Kansas proposes to add its adoption by reference of 30 CFR
816.102 to new subsection (c)(36) with an exception: subsections
(k)(3)(i) and (ii) of 30 CFR 816.102 are deleted.
(5) At redesignated subsection (c)(43), Kansas proposes to remove
previously approved exceptions to its adoption by reference of 30 CFR
816.116. These exceptions are deletion of editorial note ``3'' and
specific language in 30 CFR 816.116(c)(2).
(6) Kansas also proposes to add additional requirements at
subsection (c)(43) in its adoption by reference of 30 CFR 816.116(a)
and (c)(4).
Subsection (a)(3) is added specifying that the data being used for
bond release shall be submitted to the department annually. The data is
to include information for the last augmented seeding, which shall
start the extended liability period. The planting reports, including
soil tests, are to be submitted by March 31, of the year following the
year in which the soil tests were performed. The production and ground
cover data are to be submitted within 30 days of the date that the
production and ground cover were sampled. Ground cover shall include
species identification. Raw field data may be submitted to fulfill this
requirement. The tabulated results shall then be submitted by March 31
of the following year. All data shall be clearly identified as to the
bond release management area that it represents.
Subsection (c)(4)(i) is revised to add language concerning normal
husbandry practices: The normal husbandry practices used to repair
gullies shall be approved in advance by the United States Department of
the Interior, Office of Surface Mining Reclamation and Enforcement.
(7) In its adoption of 30 CFR 816.133, postmininig land use, at
K.A.R. 47-9-1(c)(46), Kansas proposes to delete subsection (d).
(8) At K.A.R. 47-1-9(d)(3), Kansas proposes to delete 30 CFR
816.107, steep slope backfilling and grading, from its adoption by
reference of 30 CFR 816.116.
e. K.A.R. 47-1-9(e), Underground Mining Performance Standards. (1)
At K.A.R. 47-9-1(e), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Part 817 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
(2) Kansas proposes an exception to its adoption of 30 CFR 817.61
at K.A.R. 47-1-9(e)(17): the term ``subchapter'' shall not be replaced
by K.A.R. 47-9-1(d), and everything but the statement ``all blasting
operations shall be conducted under the direction of a certified
blaster'' shall be deleted from 30 CFR 817.61(c)(1).
(3) Kansas also proposes to add additional requirements at K.A.R.
47-9-1(e)(39) in its adoption by reference of 30 CFR 817.116(a).
Subsection (a)(3) is added specifying that the data being used for bond
release shall be submitted to the department annually. The data is to
include information for the last augmented seeding, which shall start
the extended liability period. The planting reports, including soil
tests, are to be submitted by March 31, of the year following the year
in which the soil tests were performed. The production and ground water
cover data are to be submitted within 30 days of the date that the
production and ground cover were sampled. Ground cover shall include
species identification. Raw field data may be submitted to fulfill this
requirement. The tabulated results shall then be submitted by March 31
of the following year. All data shall be clearly identified as to the
bond release management area that it represents.
(4) In its adoption of 30 CFR 817.133, postmining land use, at
K.A.R. 47-9-1(e)(44), Kansas proposes to delete subsection (d).
f. K.A.R. 47-9-1(f), Auger Mining Performance Standards. At K.A.R.
47-9-1(f), Kansas proposes to revise its adoption by reference of
applicable Federal regulations at 30 CFR Part 819 from as they existed
on July 1, 1990, to as they existed on July 1, 1995.
g. K.A.R. 47-9-1(g), Prime Farmland Special Performance Standards.
At K.A.R. 47-9-1(g), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Part 823 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
h. K.A.R. 47-9-1(h), Coal Preparation Plants not Located within the
Permit Area of a Mine Performance Standards. At K.A.R. 47-9-1(h),
Kansas proposes to revise its adoption by reference of applicable
Federal regulations at 30 CFR Part 827 from as they existed on July 1,
1990, to as they existed on July 1, 1995.
i. K.A.R. 47-9-1(i), In Situ Processing Special Performance
Standards. At K.A.R. 47-9-1(i), Kansas proposes to revise its adoption
by reference of applicable Federal regulations at 30 CFR Part 828 from
as they existed on July 1, 1990, to as they existed on July 1, 1995.
j. At. K.A.R. 47-9-1(j), Kansas revised its list of terms that
replaces terms in the Federal regulations adopted by reference under
K.A.R. 47-9-1. At subsection (j)(8), any reference to ``Part 816'' is
replaced by ``K.A.R. 47-9-1(c).'' At subsection (j)(9), any reference
to ``Part 817'' is replaced by ``K.A.R. 47-9-1(d).''
18. K.A.R. 47-9-4, Interim Performance Standards
At K.A.R. 47-9-4(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Parts 710, 715,
and 716 from as they existed on July 1, 1990, to as they existed on
July 1, 1995.
[[Page 30539]]
19. K.A.R. 47-10-1, Underground Mining
At K.A.R. 47-10-1(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Parts 783 and 784
from as they existed on July 1, 1990, to as they existed on July 1,
1995. Kansas further proposes to last the actual Federal regulation
sections adopted rather than listing the sections not included in its
adoption by reference of 30 CFR Parts 783 and 784.
20. K.A.R. 47-11-8, Small Operator Assistance Program
At K.A.R. 47-11-8(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Part 795 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
21. K.A.R. 47-12-4, Lands Unsuitable for Surface Mining
a. At K.A.R. 47-12-4(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Parts 761, 762,
and 764 from as they existed on July 1, 1990, to as they existed on
July 1, 1995.
b. Kansas proposes to revise K.A.R. 47-12-4(a)(6), which adopts 30
CFR 762.12 by reference, by specifying that the term ``secretary''
shall mean the ``secretary of the United States Department of
Interior.''
22. K.A.R. 47-13-4, Training, Certification, and Responsibilities of
Blasters and Operators
a. At K.A.R. 47-13-4(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Part 850 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
b. Kansas proposes to remove existing K.A.R. 47-13-4(b)(2) and (3)
and to renumber paragraphs (b)(4) through (6) as (b)(2) through (3).
23. K.A.R. 47-14-7, Employee Financial Interests
At K.A.R. 47-14-7(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Part 705 from as
they existed on July 1, 1990, to as they existed on July 1, 1995.
24. K.A.R. 47-15-1a, Inspection and Enforcement
a. At K.A.R. 47-15-1a(a), Kansas proposes to revise its adoption by
reference of applicable Federal regulations at 30 CFR Parts 840, 842,
and 843 from as they existed on July 1, 1990, to as they existed on
July 1, 1995.
b. K.A.R. 47-15-1a(b), Kansas revised its list of terms that
replaces terms in the Federal regulations adopted by reference under
K.A.R. 47-15-1a by adding paragraphs (b)(20) and (b)(21). Paragraph
(b)(20) specifies that the term ``Director'' shall be replaced by
``secretary,'' and paragraph (b)(21) specifies that the reference to
``30 CFR 843.15(e)'' shall be replaced by ``An informal public hearing
shall be conducted in accordance with K.A.R. 47-4-14a.''
B. Kansas Abandoned Mine Land Reclamation Plan
1. Regulations with Editorial Changes
Kansas proposes minor working 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; 47-16-2,
reclamation project evaluation; 47-16-3, consent to entry; 47-16-4,
entry for study or exploration; 47-16-5, entry and consent to reclaim;
47-16-6, liens; 47-16-7, appraisals; and 47-16-8, satisfaction of
liens. Substantive revisions included in these regulations are
summarized below.
2. K.A.R. 47-16-5, Entry and Consent to Reclaim
Kansas proposes to revise K.A.R. 47-16-5(b)(1) to read as follows:
(1) Before entry a written finding shall be made by the
Secretary with reasons supporting the following conclusions: (A) an
emergency exists constituting a danger to the public health, safety,
or general welfare; and (B) no other person or agency will act
expeditiously to restore, reclaim, abate, control, or prevent the
adverse effects of coal mining practices.
3. K.A.R. 47-16-9, Contractor Responsibility
Kansas proposes to add a new section that requires each successful
bidder for an abandoned mine land reclamation project contract to be
eligible under 30 CFR 772.15(b)(1), as adopted by reference in K.A.R.
47-3-42(a)(44), at the time of contract award to receive permit or
conditional permit to conduct surface coal mining operations
4. K.A.R. 47-16-10, Exclusion of Certain Noncoal Reclamation Sites
Kansas proposes to add a new section which excludes certain
nonncoal sites from being reclaimed with money from the abandoned mine
land funds and which specifies contractor eligibility requirements for
reclamation of noncoal sites.
K.A.R. 47-16-10(a)(1) excludes the reclamation of sites and areas
designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978, K.A.R. 47-16-10(a)(2) excludes sites
listed for remedial action pursuant to the Comprehensive Environmental
Response Compensation and Liability Act of 1980.
K.A.R. 47-16-10(b)(1) requires that each successful bidder for an
abandoned mine land reclamation project contract for noncoal
reclamation to be eligible under 30 CFR 773.15(b)(1), as adopted by
reference in K.A.R. 47-3-42(a)(44), at the time of contract award to
receive a permit or conditional permit to conduct surface coal mining
operations.
K.A.R. 47-16-10(b)(2) requires that bidder eligibility for each
contract be confirmed by the Office of Surfaced Mining's automated
applicant violator system.
5. K.A.R. 47-16-11, Reports
Kansas proposes a new section which specifies the reports that must
be submitted to the Office of Surface Mining Reclamation and
Enforcement on a semiannual and annual basis and upon project
completion.
K.A.R. 47-16-11(a) requires Kansas to submit semiannually a
financial status report, form SF-269, for the department's
administrative grant and/or cooperative agreement; a performance
report, form OSM-51, covering the performance aspect of the grant and/
or cooperative agreement; an outlay report and request for
reimbursement for construction programs, form SF-271, and a performance
report, form OSM-51, for each activity or project on which some work as
occurred.
K.A.R. 47-16-(b) requires Kansas to submit annually a financial
status report, form SF-269, for the department's administrative grant
and/or cooperate agreement; a final performance report, form OSM-51,
covering the performance aspects of the grant and/or cooperative
agreement; an annual outlay report and request for reimbursement for
construction program, form SF-271; and a cumulative annual performance
report, form OSM-51.
K.A.R. 47-16-11(c) requires Kansas to submit form OSM-76 upon
project completion to report the accomplishments achieved through the
project.
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
[[Page 30540]]
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.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t. on June 19, 1997. The location and time of the hearing will be
arranged with those persons requesting the hearing. Any disabled
individuals who has need for a special accommodation to attend
accommodation to attend a public hearing should contact the individual
listed under FOR FURTHER INFORMATION CONTACT. 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 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 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-14548 Filed 6-3-97; 8:45 am]
BILLING CODE 4310-05-M
