[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Proposed Rules]
[Pages 38391-38392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18192]
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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; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on a proposed
amendment to the Kentucky regulatory program (hereinafter the
``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: Written comments must be received by 4:00 p.m., [E.S.T.], August
2, 1999.
ADDRESSES: Written comments should be mailed or hand delivered to
William J. Kovacic, Director, at the address listed below.
Copies of the Kentucky 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
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) 233-2494.
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) 233-2494.
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, 917.13, 917.15, 917.16, and 917.17.
II. Description of the Proposed Amendment
By letter dated December 22, 1999 (Administrative Record No. KY-
1449), Kentucky submitted a proposed amendment at 405 KAR 7:097, which
authorizes 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(11). The proposed
amendment was announced in the January 25, 1999, Federal Register (64
FR 3670).
On April 19, 1999, a Statement of Consideration of public comments
received by Kentucky was filed with the Kentucky Legislative Research
Committee. As a result of the comments, by letter dated April 19, 1999,
Kentucky made changes to the original submission (Administrative Record
No. KY-1458). By letter dated June 10, 1998 (Administrative Record No.
KY-1461), Kentucky submitted the final version of the proposed
amendments. Following are the changes to 405 KAR made in the final
submission and not previously described in the January 25,1999, Federal
Register notice. Revisions concerning nonsubstantive wording, format,
or organizational changes will not be described in this notice.
Subsections (1) through (5) of Section 2 of the original amendment
stipulated the conditions under which a permittee, person, or operator
becomes ineligible for reclamation in lieu of cash payment for civil
penalties. Kentucky has deleted these subsections. Section 2 of the
revised amendment now reads in its entirety: ``The cabinet shall not
authorize a permittee, person, or operator to perform activities under
this administrative regulation if the permittee, person or operator is
ineligible receive a permit under KRS Chapter 350 and 405 KAR Chapters
7-24 for a reason other than nonpayment of a civil penalty.''
Kentucky has also revised Section 7, Subsection (5) of the
amendment, which stipulates when a permittee, person, or operator must
file a request for reclamation in lieu of cash payment of civil
penalties. Subsection 7(5) now reads: ``(5)(a) For a civil penalty
assessed by final order of the Secretary on or after July 1, 1999, the
request shall be filed within thirty (30) days after the date of the
final order. (b) For a civil penalty assessed by final order of the
Secretary prior to July 1, 1999, the request shall be filed not later
than June 30, 2000.''
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. Specifically,
OSM is seeking comments on the revisions described above to the
original submission. If the
[[Page 38392]]
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
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.
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 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 9, 1999.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-18192 Filed 7-15-99; 8:45 am]
BILLING CODE 4310-05-P
