Kentucky Permanent Regulatory Program; Disposal of Coal Fly Ash, Bottom Ash, and Scrubber Sludge

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

Kentucky Permanent Regulatory Program; Disposal of Coal Fly Ash,

Bottom Ash, and Scrubber Sludge

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

Interior.

ACTION: Proposed rule.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the

Kentucky permanent regulatory program (hereinafter referred to as the

Kentucky program) under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). By letter of November 17, 1993, (Administrative Record

No. KY-1260) Kentucky submitted a proposed program amendment that adds

a new section to Kentucky's Administrative Regulations. The amendment

consists of a proposed new section to Kentucky Administrative

Regulations (KAR) at 405 KAR 7:200 relating to disposal of coal

combustion fly ash, bottom ash and scrubber sludge under special waste

permit-by-rule at 401 KAR 45:060 Section 1(6).

This document sets forth the times and locations that the Kentucky

program and the proposed amendment are available for public inspection,

the comment period during which interested persons may submit written

comments on the proposed amendment, and the procedures that will be

followed regarding a public hearing if one is requested.

DATES: Written comments must be received on or before 4 p.m. on

February 14, 1994. If requested, a public hearing on the proposed

amendment will be held at 10 a.m. on February 7, 1994. Requests to

present oral testimony at the hearing must be received on or before 4

p.m. on January 28, 1994. Any disabled individual who has need for a

special accomendation to attend a public hearing should contact the

individual listed under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments and requests to testify at the hearing

should be mailed or hand delivered to: William J. Kovacic, Director,

Lexington Field Office, Office of Surface Mining Reclamation and

Enforcement, 2675 Regency Road, Lexington, Kentucky 40503.

Copies of the Kentucky program, the proposed amendment, and all

written comments received in response to this document will be

available for review at the addresses listed below, Monday through

Friday, 9 a.m. to 4 p.m., excluding holidays. Each requestor may

receive, free of charge, one copy of the proposed amendment by

contacting OSM's Lexington Field Office.

Office of Surface Mining Reclamation and Enforcement, Lexington Field

Office, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: (606)

233-2896.

Office of Surface Mining Reclamation and Enforcement, Eastern Support

Center, Ten Parkway Center, Pittsburgh, Pennsylvania 15220, Telephone:

(412) 937-2828.

Department of Surface Mining Reclamation and Enforcement, No. 2 Hudson

Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

If a public hearing is held, its location will be: The Harley

Hotel, 2143 North Broadway, Lexington, Kentucky 40505.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington Field Office, Telephone (606)

233-2896.

SUPPLEMENTARY INFORMATION:

I. Background

On May 18, 1982, the Secretary of the Interior conditionally

approved the Kentucky program. Information pertinent to the general

background, revisions, modifications, and amendments to the proposed

permanent program submission, as well as the Secretary's findings, the

disposition of comments and a detailed explanation of the conditions of

approval can be found in the May 18, 1982, Federal Register (47 FR

21404-21435). Subsequent actions concerning the conditions of approval

and program amendments are identified at 30 CFR 917.11, 917.15, 917.16

and 917.17.

II. Discussion of Amendment

By letter of November 17, 1993, (Administrative Record No. KY-1260)

Kentucky submitted a proposed program amendment that adds a new section

to Kentucky's Administrative Regulations. The amendment consists of

proposed new section to Kentucky Administrative Regulations (KAR) at

405 (KAR) 7:200 relating to disposal of coal combustion fly ash, bottom

ash and scrubber sludge under special waste permit-by-rule at 401 KAR

45:060 Section 1(6).

This proposed administrative regulation offers surface coal mining

permittee 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). Applicants who obtain a permit from the Cabinet's

Department for Surface Mining Reclamation and Enforcement under this

proposed administrative regulation are deemed to have received a permit

from the Cabinet's Department for Environmental Protection, Division of

Waste Management, without having applied separately to the Division of

Waste Management. A person who wishes to dispose of coal combustion

waste on a surface mining permit area in a manner that is not

authorized in this proposed administrative regulations may, as at

present, apply separately to the Division of Waste Management for a

special waste formal permit under 401 KAR 45:030.

Among other requirements, this proposed administrative regulation

requires that disposal of coal combustion waste be approved in the

surface mining permit; limits the waste to those coal combustion wastes

authorized under 401 KAR 45:060 Section 1(6); requires identification

of the generating facility; requires laboratory analysis to

characterize the waste to show its potential to leach certain

contaminants; restricts disposal to coal extraction areas of surface

mines; limits waste volume at a location to the volume of coal

extracted at that location; requires the permittee to keep records of

the source and amount of shipments of waste received, and maps of

disposal locations, and amounts; requires public notice of the intent

to dispose of waste; requires written consent of the surface owner for

disposal of waste on his property; requires a detailed plan for waste

disposal; requires background characterization of ground water and

surface water; requires the permittee's surface mining performance bond

to be specifically applicable to waste disposal; requires compliance

with certain environmental protection performance standards, including

placement criteria that depend upon the leaching characteristics of the

waste; and requires monitoring and reporting of quality of ground water

and surface water.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is now

seeking comment on whether the amendment proposed by Kentucky 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

commentor's recommendations. Comments received after the time indicted

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 comment at the public hearing should contact the

person listed under ``FOR FURTHER INFORMATION CONTACT'' by 4 p.m. on

January 28, 1994. If no one requests an opportunity to comment at a

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 comment have been heard.

Persons in the audience who have not been scheduled to comment, and who

wish to do so, will be heard following those scheduled. The hearing

will end after all persons scheduled to comment and persons present in

the audience who wish to comment have been heard.

Public Meeting

If only one person requests an opportunity to comment 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

amendments may request a meeting at the OSM, Lexington Field Office

listed under ``ADDRESSES'' 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 in advance

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 proposed rule is exempted from review by the Office of

Management and Budget under Executive Order 12866.

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 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, 732 have been met.

National Environmental Policy Act

No environmental impact statement is required for the 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 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 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 917

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 7, 1994.

Carl C. Close,

Assistant Director, Eastern Support Center.

[FR Doc. 94-894 Filed 1-12-94; 8:45 am]

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