Kansas Permanent Regulatory Program

Federal RegisterJun 3, 1994

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

Kansas Permanent Regulatory Program

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

Interior.

ACTION: Final rule.

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SUMMARY: OSM is announcing the approval, with two exceptions, of a

program amendment submitted by Kansas as a modification to the State's

permanent regulatory program (hereinafter referred to as the Kansas

program) under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The amendment pertains to definitions, administrative hearing

procedure, civil penalties, use of explosives, standards for

revegetation success, postmining land use, and inspection and

enforcement.

The amendment is intended to revise the State program to be

consistent with the corresponding Federal standards, to clarify

ambiguities, and to improve operational efficiency.

EFFECTIVE DATE: June 3, 1994.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

On January 21, 1981, the Secretary of the Interior conditionally

approved the Kansas program. General background information on the

Kansas program, including the Secretary's findings, the disposition of

comments, and the conditions of approval of the Kansas program can be

found in the January 21, 1981, Federal Register (46 FR 5892).

Subsequent actions concerning Kansas's program and program amendments

can be found at 30 CFR 916.12, 916.15, and 916.16.

II. Submission of Amendment

By letter dated September 14, 1993 (Administrative Record No. KS-

567), Kansas submitted a proposed amendment to its program pursuant to

SMCRA. Kansas submitted the proposed amendment with the intent of

satisfying, in part, required program amendments at 30 CFR 916.16 (a),

(b) and (c) that were placed on the Kansas program on October 7, 1988

(53 FR 39467, 39470), September 13, 1991 (56 FR 46548), and June 14,

1993 (58 FR 32847, 32855).

OSM published a notice in the September 27, 1993, Federal Register

announcing receipt of the amendment and inviting public comment on the

adequacy of the proposed amendment (58 FR 50302). The public comment

period ended October 27, 1993. The public hearing scheduled for October

22, 1993, was not held because no one requested an opportunity to

testify.

During its review of the amendment, OSM identified concerns related

to the Kansas Administrative Regulations (K.A.R.) 47-4-14a(c)(7),

regarding intervention, K.A.R. 47-4-14a (d)(10)(D) and (d)(5)(B)(vi)

regarding public hearings, K.A.R. 47-5-5a (a) and (b) regarding civil

penalties, K.A.R. 47-5-5a(b)(14) regarding the definition of

``violation, failure or refusal,'' and K.A.R. 47-15-1a(b)(21) regarding

inspection and enforcement, substitution of terms.

OSM notified Kansas of these concerns by letter dated January 26,

1994 (Administrative Record No. KS-574). Kansas responded in a letter

dated March 9, 1994 (Administrative Record No. KS-575), by submitting

further revisions to Articles 4, 5, 6, 9, and 15 of the Kansas

Administrative Regulations. On March 10, 1994 (Administrative Record

No. KS-581), Kansas requested further information from OSM regarding

its proposed amendment. Subsequently, Kansas again, in a letter dated

March 10, 1994 (Administrative Record No. KS-576), revised its proposed

amendment. OSM reopened the public comment period on March 30, 1994 (59

FR 14811). The public comment period closed on April 14, 1994.

III. Director's Findings

After a thorough review, pursuant to SMCRA and the Federal

regulations at 30 CFR 732.15 and 732.17, the Director finds, with two

exceptions, that the proposed amendment as submitted by Kansas on

September 14, 1993, meets the requirements of SMCRA and 30 CFR chapter

VII.

1. Provisions Not Discussed

Kansas proposes certain revisions to its rules that involve minor

typographical corrections and recodification. The Director finds that

these proposed revisions, unless specifically discussed below, are no

less effective in meeting SMCRA's requirements than the Federal

regulations and is approving them.

2. Required Program Amendments

Kansas submitted proposed revisions in response to required program

amendments that the Director placed on the Kansas program, codified in

the Federal regulations at 30 CFR 916.16 (a), (b) and (c). The Director

finds that the following proposed State regulations satisfy the

required program amendments, are no less effective in meeting SMCRA's

requirements than the Federal regulations indicated in each required

program amendment, and is approving them (the codified required

amendments at 30 CFR 916.16 are indicated in brackets): K.A.R. 47-4-

14a(c)(7) by requiring that a person petitioning for leave to intervene

in a proceeding need only show why his interest is or may be adversely

affected rather than why his interest would be adversely affected and

by requiring the presiding officer to make a decision to grant

intervention based on factors listed at K.A.R. 47-4-14a(c)(7)(B)(i)-

(iv) in the event subsection (7)(A)(i) or (7)(A)(ii) are not applicable

[30 CFR 916.16(b)(8)]; K.A.R. 47-4-14a(c)(11) by providing that any

person that fails to file a responsive pleading by the required time

may be deemed to have waived his right to a hearing [30 CFR

916.16(b)(10)]; K.A.R. 47-4-14a (b), (d), and (d)(2)(F) by replacing

the phrase ``this act'' with the phrase ``these rules and

regulations,'' [30 CFR 916.16(c)(2)]; K.A.R. 47-5-5a (a) and (b),

(a)(8), (a)(10) and (b)(14)-(20) by replacing the identified Federal

terms and citations with the appropriate State terms and citations and

by providing the State address where an individual may file a petition

for review [30 CFR 916.16(b)(24)]; K.A.R. 47-5-5a(b)(14) by replacing

Federal terms and citations with the appropriate State terms and

citations [30 CFR 916.16(b)(24)]; K.A.R. 47-5-5a(c)(7)(C) by imposing a

30-day time limit within which the Surface Mining Section must remit a

refund [30 CFR 916.16(c)(3)]; K.A.R. 47-6-7(h)(2) by correcting an

improper reference from K.A.R. 47-4-14a(d)(14) to K.A.R. 47-4-

14a(d)(14) [30 CFR 916.16(b)(30)]; K.A.R. 47-9-1 (c)(17) and (d)(17) by

modifying the adoption by reference of the Federal regulations at 30

CFR 816.61 by deleting from its adoption by reference of 30 CFR 816-

817.61(c)(1) everything but the statement ``all blasting operations

shall be conducted under the direction of a certified blaster,'' [30

CFR 916.16(c)(4)]; K.A.R. 47-9-1 (c)(46) and (d)(44) by deleting

paragraph (d), concerning variances for steep slope mining, from its

adoption by reference of 30 CFR 816-817.133 [30 CFR 916.16(a)]; K.A.R.

47-15-1a by removing the incorrect reference to K.A.R. 47-15-5a from

the section heading for K.A.R. 47-15-1a [30 CFR 916.16(c)(5)]; K.A.R.

47-15-1a(b) (6) and (9) by providing the correct counterpart State

citations for the terms ``43 CFR Part 4'' and ``43 CFR 4.1281,'' [30

CFR 916.16(c)(7)]; and K.A.R. 47-47-15-1a(b)(21) by requiring that

informal public hearings be conducted in accordance with K.A.R. 47-4-

14a [30 CFR 916.16(c)(6)].

Accordingly, the Director is removing the required program

amendments as identified above from the Kansas program and as codified

at 30 CFR 916.16.

3. K.A.R. 47-2-75(e)(6), Definitions

Kansas proposes to revise K.A.R. 47-2-75(e)(6) to replace the

reference in the Federal regulations at 30 CFR 846.5 to section 703 of

SMCRA which deals with employee protection, with a reference to Kansas

Statute Annotated (K.S.A.) 75-2973 which also deals with employee

protection. Kansas is submitting this revision in response to a

required program amendment placed on the Kansas program at 30 CFR

916.16(c)(1).

The Director finds that Kansas' proposed amendment does not render

the State provision at K.A.R. 47-2-75(e)(6) less effective in meeting

SMCRA's requirements than the Federal provision at 30 CFR 846.5 and is

approving it. Accordingly, the Director is removing the required

program amendment at 30 CFR 916.16(c)(1).

4. K.A.R. 47-4-14a(d)(6)(E) (iii) and (iv), Notice of Administrative

Hearings

Kansas proposes to revise K.A.R. 47-4-14a(d)(6)(E)(iii) and add

K.A.R. 47-4-14a(d)(6)(E)(iv) so that the rules would read as follows:

(E) The state agency shall cause notice to be given to any other

person entitled to notice under any other provisions of law, who has

not been given notice under section (d)(6)(A), as follows:

(iii) Notice under this subsection may include all types of

information provided in sections (d)(6) (A) through (D) or may

consist of a brief statement indicating the subject matter, parties,

time, place where the hearing will be held, locations where the

general public may meet for hearings which are conducted

electronically, nature of the hearing, manner in which copies of the

notice to the parties may be inspected and copied, and the name and

telephone number of the presiding officer.

(iv) The surface mining section shall also post notice of the

hearing at their office and, where practicable, publish it in a

newspaper of general circulation in the area of the mine at least

seven (7) days prior to the hearing.

Kansas proposes these revisions in response to a required

program amendment placed on the Kansas program at 30 CFR

916.16(b)(17) that instructed Kansas to remove the provisions that

allowed for the holding of hearings by telephone or other electronic

means. The required program amendment resulted from a finding

published in a Federal Register notice dated September 13, 1991 (56

FR 46531, 46538). The finding concluded that the proposal to conduct

hearings by telephone or other electronic means conflicted with

existing SMCRA and State requirements for public hearings. Id. See

also 58 FR 32850-32851 (June 14, 1993).

The proposed revision at K.A.R. 47-4-14a(d)(6)(E)(iii) insures,

among other things, that the notice of an administrative hearing

provided to non-parties will notify members of the general public where

they may go to participate in an electronically conducted hearing.

Moreover, the proposed language at K.A.R. 47-4-14a(d)(6)(E)(iv)

requires the Surface Mining Section to post such notices at its office,

so that members of the general public have access to one central

location where they can always obtain information about upcoming

hearings.

The proposed language at K.A.R. 47-4-14a(d)(6)(E)(iv) also provides

that, ``where practicable,'' the Surface Mining Section will publish

the notice in a newspaper or general circulation in the area of the

mine at least seven (7) days prior to the hearing. As a general rule

this proposed 7-day publication notice is not inconsistent with SMCRA

or the Federal rules because SMCRA does not uniformly require

regulatory authorities to publish advance notice of all hearings.

However, there are instances where SMCRA and other provisions of the

Kansas program specifically require the regulatory authority to publish

advance notice of a hearing. Moreover, in those specific instances, the

regulatory authority is required to publish such notice more than seven

days in advance of the hearing date. See section 513(b) of SMCRA; 30

CFR 773.13(c)(2)(ii). See also K.A.R. 47-3-42(a)(43) (incorporating by

reference 30 CFR 773.13).

The Director is approving the proposed rule at K.A.R. 47-4-

14a(d)(6)(E)(iv) with the understanding that it is a general rule and

that in any particular instance where a more specific rule of the

Kansas program requires publication of advance notice of an

administrative hearing, the more specific rule must take precedence

over this proposed general rule.

The Director finds that the proposed rules at K.A.R. 47-4-

14a(d)(6)(E) (iii) and (vi) are not inconsistent with SMCRA and the

Federal program and is approving them. Accordingly, the Director is

removing the required program amendment from the Kansas program and as

codified at 30 CFR 916.16(b)(17).

5. K.A.R. 47-6-2(d) and (d)(3), Permit Revisions

Kansas proposes to modify K.A.R. 47-6-2(d) and (d)(3) by adding the

word ``significant'' so that the rules would read:

(d) No application for a signficant revision shall be approved

unless the applicant demonstrates and the regulatory authority finds

that:

(1) the reclamation required by the state act and the regulatory

program can be accomplished;

(2) applicable requirements under K.A.R. 47-3-42(a)(43)

pertinent to the revision are met; and

(3) the application for a significant revision complies with all

requirements of the state act and the regulatory program.

Prior to the proposed amendments, the State provisions at K.A.R.

47-6-2(d) and (d)(3) were substantively similar to the counterpart

Federal regulation at 30 CFR 774.13(c).

The proposed revisions at K.A.R. 47-6-2-(d) and (d)(3) render the

State provisions less effective in meeting SMCRA's requirements than

the Federal regulation at 30 CFR 774.13(c) because, as revised, the

State provisions would apply the approval criteria of K.A.R. 47-6-2(d)

only to significant permit revisions. In contrast, the Federal

regulations require that such approval criteria apply to all permit

revisions. Therefore, the Director finds Kansas' proposed revisions at

K.A.R. 47-6-2(d) and (d)(3) to be less effective in meeting SMCRA's

requirements than the Federal regulation at 30 CFR 774.13(c) and is not

approving it.

6. K.A.R. 47-9-1(c)(43) Revegetation: Standards for Success, Surface

Mining Activities, and K.A.R. 47-9-1(d)(39) Revegetation: Standards for

Success, Underground Mining Activities

Kansas proposes to add a subsection (3) to 30 CFR 816/817.116(A)

that would read:

(3) Data being used for bond release will be submitted to the

surface mining section annually. This includes data for the last

augmented seeding which will start the extended liability period.

The following timetable for submissions shall be followed: (i) The

planting reports including soil tests shall be submitted by March 31

of the year following the year in which they were performed. (ii)

The production and ground cover data shall be submitted within 30

days of the date they were sampled. Ground cover must include

species identification. Raw field data may be submitted at this time

to fulfill this requirement. The tabulated results will then be

submitted by March 31 of the following year. (iii) All data must be

clearly identified as to the bond release management area that it

represents.

While the Federal regulations do not provide similar detailed

requirements regarding submission of data used for bond release, as the

above-quoted proposed Kansas provision, in accordance with section

505(b) of SMCRA and 30 CFR 730.11(b), the State regulatory authority

has the discretion to impose land use and environmental controls and

regulations on surface coal mining and reclamation operations that are

more stringent than those imposed under SMCRA and the Federal

regulations. Moreover, the State regulatory authority has the

discretion to impose land use and environmental controls and

regulations on surface coal mining and reclamation operations for which

no Federal counterpart exists. Section 505(b) of SMCRA and 30 CFR

730.11 dictate that such State provisions shall not be construed to be

inconsistent with the Federal program.

Therefore, the Director is approving Kansas' proposed revisions at

K.A.R. 47-9-1(c)(43) and 47-9-1(d)(39).

7. K.A.R. 47-9-1(f)(2). Special Permanent Program Performance

Standards--Operations on Prime Farmlands

Kansas proposes to adopt by reference the Federal regulations at 30

CFR 823.11, including 30 CFR 823.11(a) that addresses exemptions to

prime farmland performance standards and which was previously deleted

from the Kansas program. Kansas expressed its desire to readopt 30 CFR

823.11(a) in its letter dated March 10, 1994.

The Federal provision at 30 CFR 823.11(a) applies to surface and

underground mines alike and exempts from compliance with the special

prime farmland performance standards ``[c]oal preparation plants,

support facilities, and roads * * * that are actively used over

extended periods of time * * * where such uses affect a minimal amount

of land.'' On October 1, 1984, the United States District Court for the

District of Columbia remanded 30 CFR 823.11(a) in In re: Permanent

Surface Mining Regulation Litigation, 21 ERC 1724, 15 ELR 20481 (D.D.C.

1984), for two reasons. First, the Court found that OSM had failed to

adequately consider and discuss the basic differences between

underground and surface mining operations when it applied the exemption

at 30 CFR 823.11(a) to surface, as well as underground, mines. Id., 21

ERC at 1734-1735. Second, the Court found that OSM had not provided

enough guidance regarding the scope of the exemption:

The Secretary has provided no indication of what he considers an

extended period of time or a minimum amount of land.

Id., 21 ERC at 1735.

On February 21, 1985, in response to the Court's October 1, 1984,

decision, OSM suspended 30 CFR 823.11(a) insofar as the exemption

therein relates to facilities used in surface, as opposed to

underground, mining (50 FR 7274, 7277). With regard to facilities used

in underground mining, OSM stated that the exemption at 30 CFR

823.11(a) remained applicable, but that OSM intended to propose rules

to clarify the scope of the exemption. OSM did propose such rules on

March 25, 1987 (52 FR 9644). However, after considering comments

regarding the proposed rules, OSM determined that it lacked sufficient

data to support the promulgation of a specific spatial limitation on

the exemption (53 FR 40828, 40835 (October 18, 1988)). Therefore, OSM

postponed rulemaking pending further study. Id. OSM stated that

existing 30 CFR 823.11(a), as modified by the February 21, 1985,

suspension notice, was to be retained in the interim. Id. Between the

time OSM published proposed rules and later determined that final

rulemaking had to be postponed to allow further study, the Court of

Appeals for the District of Columbia, on January 29, 1988, affirmed the

ruling of the District Court concerning the remand of 30 CFR 823.11(a).

National Wildlife Federation v. Hodel, 839 F.2d 694, 722-723 (D.C. Cir.

1988).

At the present time then, 30 CFR 823.11(a) is suspended insofar as

it relates to surface, as opposed to underground, mining. Therefore,

Kansas' proposal to adopt 30 CFR 823.11(a), as applied to surface

mining, is inconsistent with SMCRA, as interpreted by court decisions.

Moreover, with regard to underground mining, the Kansas proposal is

inconsistent with SMCRA, as interpreted by court decisions, because it

fails to adequately explain what is an extended period of time or a

minimal amount of land. Accordingly, the Director cannot approve the

proposed adoption of 30 CFR 823.11(a) at K.A.R. 47-9-1(f)(2).

IV. Public and Agency Comments

Public Comments

For a complete history of the opportunity provided for public

comment on the proposed amendment, please refer to ``Submission of

Amendment.'' No public comments were received.

Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), comments were solicited from

the Administrator of the Environmental Protection Agency (EPA), and

various other Federal agencies with an actual or potential interest in

the Kansas program.

By letter dated April 8, 1994 (Administrative Record No. KS-579),

the Soil Conservation Service responded that it had no comment.

By letter dated April 12, 1994 (Administrative Record No. KS-580),

the Fish and Wildlife Service responded that it had no comment.

Comments were also solicited from various State agencies but none

elected to comment.

Environmental Protection Agency (EPA) Concurrence

Pursuant to 30 CFR 732.17(h)(11)(ii), concurrence was solicited

from the EPA for those aspects of the proposed amendment that relate to

air or water quality standards promulgated under the authority of the

Clean Water Act and the Clean Air Act.

By letter dated November 2, 1993 (Administrative Record No. KS-

571), the EPA regional office in Kansas City, Kansas responded that it

did not have any comments regarding the proposed revisions.

State Historic Preservation Officer (SHPO) and Advisory Council on

Historic Preservation Comments (ACHP)

30 CFR 732.17(h)(4) requires that all amendments that may have an

effect on historic properties be provided to the SHPO and ACHP for

comment. Comments were solicited from these offices. No comments were

received from either SHPO or ACHP.

V. Director's Decision

Based on the above findings, the Director is approving the proposed

amendment submitted by Kansas on September 14, 1993, as modified on

March 9, and March 10, 1994, with two exceptions.

The Director is not approving proposed rules K.A.R. 47-6-2(d) and

(d)(3), Permit revisions, as discussed in finding No. 5 and K.A.R. 47-

9-1(f)(2), Special permanent program performance standards--operations

on prime farmlands--applicability, as discussed in finding No. 7.

Except as noted above, the Director is approving the Kansas

regulations with the provision that they be fully promulgated in

identical form to the rules submitted to and reviewed by OSM and the

public.

The Federal regulations at 30 CFR part 916 codifying decisions

concerning the Kansas program are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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 732.17(a) requires that any alteration of

an approved State program be submitted to OSM for review as a program

amendment. Thus, any changes to the State program are not enforceable

until approved by OSM. The Federal regulations at 732.17(g) prohibit

any unilateral changes to approved State programs. In the oversight of

the Kansas program, 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 Kansas of only such provisions.

VII. Procedural Determinations

Compliance With 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 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 12550) and the Federal regulations at 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.

Compliance With Executive Order 12866

This final rule is exempted from review by the Office of Management

and Budget under Executive Order 12866 (Regulatory Planning and

Review).

Compliance With the 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 of 1969 (42 U.S.C.

4332(2)(C)).

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.

Compliance With the 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. 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. Hence, 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 916

Intergovernmental relations, Surface mining, Underground mining.

Dated: May 27, 1994.

Russell F. Price,

Acting Assistant Director, Western 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 916--KANSAS

1. The authority citation for part 916 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 916.15 is amended by adding paragraph (o) as follows:

Sec. 916.15 Approval of regulatory program amendments.

* * * * *

(o) With the exceptions of K.A.R. 47-6-2 (d) and (d)(3), Permit

revisions and K.A.R. 47-9-1(f)(2), Special permanent program

performance standards--operations on prime farmlands--applicability,

the following revisions to the Kansas Administrative Regulations

(K.A.R.) submitted to OSM on September 14, 1993, are approved effective

June 3, 1994: K.A.R. 47-2-75(e)(6), State employee protection; K.A.R.

47-4-14a(c)(7), Intervention; K.A.R. 47-4-14a(c)(11), Waiver of

hearing; K.A.R. 47-4-14a (b), (d), and (d)(2)(F), Definitions, formal

hearings; K.A.R. 47-4-14a(d)(6)(E) (iii) and (iv), Public hearings;

K.A.R. 47-5-5a(a)(10), Individual civil penalties; K.A.R. 47-5-5a(b),

(14), (15), (16), (19), and (20), Civil penalties--substitution of

terms; K.A.R. 47-5-5a(c)(7)(C), Initial order of the presiding officer;

K.A.R. 47-6-7(h)(2), Appeals; K.A.R. 47-9-1 (c)(17) and (d)(17),

Blasting; K.A.R. 47-9-1 (c)(43) and (d)(39), Revegetation: standards

for success; K.A.R. 47-9-1 (c)(46) and (d)(44), Steep slope mining;

K.A.R. 47-15-1a, Inspection and enforcement, general citation; and

K.A.R. 47-15-1a(b) (6), (9), and (21), Inspection and enforcement--

substitution of terms.

3. Section 916.16 is amended by removing the text and revising the

heading to read as follows:

Sec. 916.16 Required regulatory program amendments. [Reserved]

[FR Doc. 94-13503 Filed 6-2-94; 8:45 am]

BILLING CODE 4310-05-M

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