[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18500]
[[Page Unknown]]
[Federal Register: July 29, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
Kentucky Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Kentucky
abandoned mine land reclamation plan (hereinafter referred to as the
``Kentucky plan'') under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). Kentucky proposed revisions to Chapter 5 of its plan
pertaining to procedures for coordination of reclamation activities
with the Rural Abandoned Mine Program (RAMP) administered by the U.S.
Department of Agriculture, Soil Conservation Service (SCS). The
amendment is intended to revise the Kentucky plan to improve
operational efficiency.
EFFECTIVE DATE: July 29, 1994.
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director,
Lexington Field Office, Office of Surface Mining Reclamation and
Enforcement, 2675 Regency Road, Lexington, Kentucky 40503, Telephone:
(606) 233-2896.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Plan
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 Plan
On May 18, 1982, the Secretary of the Interior approved the
Kentucky plan. Background information on the Kentucky plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan can be found in the May 18, 1982, Federal Register (47 FR
21435). Subsequent actions concerning amendments to the plan can be
found at 30 CFR 917.21.
II. Submission of the Proposed Amendment
By letter dated May 5, 1994 (Administrative Record No. K-64),
Kentucky submitted a proposed amendment to its plan pursuant to SMCRA.
Kentucky submitted the proposed amendment at its own initiative in
accordance with 30 CFR 884.15(a). Kentucky proposed to amend the
policies and procedures in Chapter 5 of its plan pertaining to
coordination of its reclamation program activities with the SCS
administered RAMP reclamation activities. The proposed amendment also
contained editorial revisions to the introductory and Federal
reclamation program sections.
OSM announced receipt of the proposed amendment in the June 3,
1994, Federal Register (59 FR 28823), 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 July 5, 1994.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
In accordance with 30 CFR 884.13(c)(3), each proposed State
reclamation plan shall include a narrative description of the policies
and procedures to be followed in conducting the reclamation program
including the coordination of reclamation work with the Rural Abandoned
Mine Program administered by the Soil Conservation Service.
Kentucky proposed to amend the policies and procedures in Chapter 5
of its plan pertaining to coordination of its reclamation program
activities with the SCS administered RAMP reclamation activities. This
amendment was initiated in part due to a finding by the Kentucky
Auditor of Public Accounts in the Statewide Audit for the period ended
June 30, 1992, that the Division of Abandoned Lands (DAL) was not
operating in compliance with the Kentucky plan. Kentucky had
established a ``Kentucky Advisory Committee for Abandoned Mine Land
Reclamation'' to facilitate coordination of program activities with the
RAMP program administered by the SCS. The Auditor determined that the
processes established for the Advisory Committee to coordinate with SCS
were not being followed and observed that the state plan needs to be
revised to reflect current coordination procedures. The Advisory
Committee had proven difficult to assemble, was cumbersome in
operation, and had been disbanded. This amendment deletes reference to
the Kentucky Advisory Committee and establishes policies and procedures
for formal interagency coordination of reclamation activities between
the DAL and the SCS. The meetings of the Kentucky Advisory Committee
are replaced with annual meetings between the DAL and the SCS. During
the annual meetings, the SCS will present proposed RAMP reclamation
projects and overall RAMP plans and goals. Also, the two agencies will
exchange reclamation technique technology information. The DAL will
provide the SCS with individual site specific information for project
proposals through the Kentucky State Clearinghouse process. The SCS
will provide DAL with copies of RAMP documentation provided to OSM.
Contacts between the DAL and the SCS will be initiated by either party
on an as needed basis. In its letter of May 5, 1994 (Administrative
Record No. K-64), Kentucky indicated that these revised policies and
procedures represent a process that has matured over the years into a
format which is both effective and efficient.
The Director finds the proposed policies and procedures at Chapter
5 for coordination between the DAL and the SCS in conducting
reclamation activities meet the requirements of 30 CFR 884.13(c)(3).
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. No one requested an
opportunity to speak at a public hearing so no hearing was held.
The Kentucky Resources Council (KRC) filed written comments on July
7, 1994 (Administrative Record No. KY-1301). A summary of those
comments and their disposition is set forth below.
1. The KRC expressed concern that the May 5, 1994, amendment made
no mention of coordination with OSM's AML reclamation efforts. The
Director notes that the narrative description of Kentucky's policies
and procedures for coordination with OSM's reclamation program (page 5-
3 of the Kentucky plan) was approved by OSM on May 18, 1982 (47 FR
21435), and Kentucky proposed no substantive changes to the Federal
reclamation program section of Chapter 5.
2. The KRC also commented that the coordination procedures should
be incorporated into a formal document among the agencies that
memorializes the commitments made in the May 5, 1994, submittal and
recommended only provisional approval of the amendment subject to
submittal of a memorandum of understanding or memorandum of agreement
executed by representative of OSM, DAL and SCS. The Director finds that
the Federal regulations at 30 CFR 884.13(c)(3) do not require the
states to execute those types of formalized agreements with OSM and
SCS.
Federal Agency Comments
Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited
comments on the proposed amendment from various other Federal agencies
with an actual or potential interest in the Kentucky plan. No federal
agency comments were received.
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 plan amendment which relate to air or water quality standards
promulgated under the authority of the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Clean Water Act (33 U.S.C. 1252 et seq.). The Director has
determined that this amendment contains no provisions in these
categories and that EPA's concurrence is not required.
V. Director's Decision
Based on the above finding, the Director approves the proposed plan
amendment as submitted by Kentucky on May 5, 1994.
The Federal regulations at 30 CFR Part 917, codifying decisions
concerning the Kentucky plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans 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 884.15(a) requires that any alteration of
an approved State reclamation plan be submitted to OSM for review as a
program amendment. Thus, any changes to the State reclamation plan are
not enforceable until approved by OSM. In the oversight of the Kentucky
plan, 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 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 and Tribal abandoned
mine land reclamation plans and revisions thereof since each such plan
is drafted and adopted by a specific State or Tribe, not by OSM.
Decisions on proposed State and Tribal abandoned mine land reclamation
plans and revisions thereof submitted by a State or Tribe are based on
a determination of whether the submittal meets the requirements of
Title IV of SMCRA (30 U.S.C. 1231-1243) and the Federal regulations at
30 CFR Parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior [516 DM 6, appendix 8,
paragraph 8.4B(29)].
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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 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. In making the
determination as to whether this rule would have a significant economic
impact, the Department relied upon the data and assumptions in the
analyses for the corresponding Federal regulations.
List of Subjects in 30 CFR Part 917
Intergovernmenal relations, Surface mining, Underground mining.
Dated: July 22, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern Support 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 917.21 is amended by adding paragraph (d) to read as
follows:
Sec. 917.21 Approval of abandoned mine land reclamation plan
amendments.
* * * * *
(d) The following amendment pertaining to the Kentucky abandoned
mine land reclamation plan, as submitted to OSM on May 5, 1994, is
approved effective July 29, 1994:
Chapter 5......................... Coordination with Ramp, Indian, and
Other Reclamation Programs.
[FR Doc. 94-18500 Filed 7-28-94; 8:45 am]
BILLING CODE 4310-05-M
