Kentucky Regulatory Program Amendment

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

Kentucky Regulatory Program Amendment

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Withdrawal of State program amendment.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing the withdrawal of a proposed regulatory

program amendment (Administrative Record No. KY-1260) filed by Kentucky

on November 17, 1993, pursuant to the Surface Mining Control and

Reclamation Act of 1977 (SMCRA), relating to the disposal of coal

combustion fly ash, bottom ash and scrubber sludge.

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:

Background

By letter dated November 17, 1993 (Administrative Record No. KY-

1260), Kentucky submitted a proposed program amendment that would add a

new section (405 KAR 7:200) to Kentucky's Administrative Regulations.

The proposed new regulation offers surface coal mining permittees the

option to dispose of coal combustion waste on the permit area under the

special waste permit-by-rule established at 401 KAR 45:060 Section

1(6).

OSM announced receipt of the proposed amendment in the January 13,

1994, Federal Register (59 FR 1921) 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 February 14, 1994.

By letter dated April 18, 1994, Kentucky gave OSM notice that it

was withdrawing the program amendment, submitted on November 17, 1993,

from further consideration. The regulation, which was the subject of

the amendment, completed the promulgation process and took effect on

March 13, 1994. During promulgation, a letter of objection was attached

to the regulation by the Administrative Regulation Review Subcommittee,

with the result that the regulation expired April 15, 1994, upon

adjournment of the regular session of the 1994 Kentucky General

Assembly. During the same legislative session, Senate bill 266 which

addresses the same issues, was enacted into law and has been submitted

to OSM as a proposed amendment to the Kentucky regulatory program and

will be the subject of a separate rulemaking by OSM.

Therefore, the proposed program amendment published in the Federal

Register dated January 13, 1994, related to the disposition of coal

combustion fly ash, bottom ash and scrubber sludge is withdrawn.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 28, 1994.

Ronald C. Recker,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-10866 Filed 5-5-94; 8:45 am]

BILLING CODE 4310-05-M