[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21847]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
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.
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SUMMARY: OSM is announcing receipt of 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
Administrative Regulations (KAR) pertaining to outcrop barrier pillars
at 405 KAR 16:010 and 405 KAR 18:010. The amendment is intended to
provide additional safeguards, and clarify ambiguities.
DATES: Written comments must be received by 4:00 p.m., [E.D.T.],
October 6, 1994. If requested, a public hearing on the proposed
amendment will be held on October 3, 1994. Requests to speak at the
hearing must be received by 4:00 p.m., [E.D.T.], on September 21, 1994.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to William J. Kovacic, Director, at the
address listed below.
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.
Copies of the Kentucky 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 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, 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, 917.13, 917.15, 917.16, and 917.17.
II. Description of the Proposed Amendment
By letter dated August 1, 1994, (Administrative Record No. KY-1305)
Kentucky submitted a proposed amendment to its program pursuant to
SMCRA. Kentucky submitted the proposed amendment at its own initiative.
The provisions of the regulations that Kentucky proposes to amend are
405 KAR 16:010 and 405 KAR 18:010.
At 405 KAR 16:010, Kentucky is requiring that surface mining
activities not remove coal from outcrop barrier pillars left by
underground mining, except in those circumstances where removal would
have certain beneficial effects. State approval is required. Kentucky
may approve the removal if it makes certain determinations that the
removal would: (1) Completely eliminate existing underground workings,
thereby eliminating all adverse conditions that might result from the
underground workings; (2) eliminate or significantly reduce a threat to
the health and safety of the public resulting from the underground
workings; or (3) eliminate or significantly reduce existing or
potential adverse impacts of the underground workings to the quantity
or quality of ground or surface water.
At 405 KAR 18:010, Kentucky is requiring that where the coal seam
approaches the land surface, the underground mine must leave an unmined
section of coal to create an outcrop barrier pillar. The pillar must be
of sufficient width to support the overburden and prevent failure and
sudden release of water due to water pressure against the outcrop
barrier pillar. The State may determine the width of the outcrop
barrier on a case-by-case basis. If the coal dips toward the land
surface, the width must not be less than the width given by the
formula: W = 50 + H, where W is the minimum barrier width in feet and H
is the maximum hydrostatic head in feet that can build up on the
outcrop barrier pillar.
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
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.
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.,
[E.D.T.] on September 21, 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: August 26, 1994.
David G. Simpson,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-21847 Filed 9-2-94; 8:45 am]
BILLING CODE 4310-05-M
