Kentucky Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-206]

Kentucky Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving, with two exceptions, an amendment to the

Kentucky regulatory program (hereinafter referred to as the ``Kentucky

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

(SMCRA). The revisions to the Kentucky Revised Statutes (KRS) pertain

to remining, permits, definitions, appeal rights, water replacement,

and permit revisions. The amendment is intended to revise the Kentucky

program to be consistent with SMCRA.

EFFECTIVE DATE: June 27, 1995.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director,

Lexington Field Office, OSM, 2675 Regency Road, Lexington, Kentucky

40503. Telephone: (606) 233-2896.

SUPPLEMENTARY INFORMATION: .

I. Background on the Kentucky Program

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 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

conditions of approval and program amendments can be found at 30 CFR

917.11, 917.13, 917.15, 917.16, and 917.17.

II. Submission of the Proposed Amendment

By letter dated April 29, 1994 (Administration Record No. KY-1279),

Kentucky submitted a proposed amendment to its program pursuant to

SMCRA. Kentucky proposed to revise the following sections of its

statutes: KRS 42, 177, 211, 350, 351, and 352. The revisions pertain to

remining, permits, definitions, appeal rights, water replacement, and

permit revisions and are contained in Senate Bills 208, 214, 249, and

House Bills 338 and 707.

OSM announced receipt of the proposed amendment in the May 20,

1994, Federal Register (59 FR 26472), 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 June 20, 1994.

By letter dated September 1, 1994 (Administrative Record No. KY-

1319), Kentucky submitted additional explanatory information. Because

the information merely clarified certain provisions of the proposed

revisions, [[Page 33111]] OSM did not reopen the comment period.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes, or revised cross-reference and paragraph notations to

reflect organizational changes resulting from this amendment.

A. Senate Bill 208

Senate Bill 208, deals for the most part, with the new remining

provisions of the Energy Policy Act of 1992. The Energy Policy Act of

1992, enacted on October 24, 1992, amended section 404 of SMCRA and

added sections 510(e), 515(b) (20)(B), 701(33) and 701(34) of SMCRA. It

should be noted that OSM has proposed rules on remining to reflect the

changes enacted by the Energy Policy Act of 1992. These rules are not

final. Therefore, the Kentucky regulatory program may need to be

amended if it is later found to be inconsistent with the federal rules.

1. At KRS 350.010(22), Kentucky proposes to define ``unanticipated

event or condition'' as an event or condition encountered in a remining

operation that was not contemplated by the applicable surface coal

mining and reclamation permit. At KRS 350.010(23), Kentucky proposes to

define ``lands eligible for remining as those lands that would

otherwise be eligible for expenditures under KRS 350.560 (1) or (2)

(Lands and Waters Eligible for Reclamation or Drainage Abatement

Expenditures).

The Director finds the proposed definitions at KRS 350.010 (22) and

(23) substantively identical to sections 701 (33) and (34) of SMCRA and

therefore no less stringent than these sections.

2. At KRS 350.085(7), Kentucky proposes that if a permit applicant

has a violation resulting from an unanticipated event or condition at a

surface coal mining operation eligible for and under a remining permit,

then the applicant would not be permit blocked for such a violation.

The term ``violation would mean the same as in KRS 350.085(6) and as

Kentucky stated in a September 1, 1994 letter, the exemption from

permit blocking would only apply to violations on remining operations

which occurred after July 15, 1994. This exemption would expire on

September 30, 2004.

The Energy Policy Act of 1992, enacted on October 24, 1992, added

section 510(e) of SMCRA. As of October 24, 1992, section 510(e) of

SMCRA exempts permit applicants from permit blocks for violations

resulting from unanticipated events or conditions that occurred on

lands eligible for remining which were under a permit by the permit

applicant. The Director finds that KRS 350.087 is no less stringent

than 510(e) of SMCRA because the Kentucky statute, as interpreted by

Kentucky's Natural Resources and Environmental Protection Cabinet,

would only allow the permit block exemption for violations resulting

from an unanticipated event or condition occurring after July 15, 1994

on lands eligible for remining.

3. At KRS 350.095(1), Kentucky proposes that the permittee shall

assume responsibility for successful revegetation for a period of five

full years after the last year in which augmented seeding, fertilizing,

irrigation, or other work occurs.

The Director finds the proposed revision at KRS 350.095(1)

substantively identical to and therefore no less stringent than the

language at section 515(b)(20)(A) of SMCRA.

At KRS 350.095(2), Kentucky proposes that on lands eligible for

remining, the permittee shall assume responsibility for successful

revegetation for a period of two full years after the last year in

which augmented seeding, fertilizing, irrigation, or other work occurs

in order to assure compliance with the applicable standards. The

authority for this section terminates on September 30, 2004.

The Director finds the proposed revision at KRS 350.095(2)

substantively identical to and therefore no less stringent than section

515(b)(20)(B) of SMCRA.

4. At KRS 350.560(1), Kentucky proposes that surface coal mining

operations on lands eligible for remining not affect the eligibility of

those lands for reclamation and restoration after the release of the

bond or deposit for a remining operation. In the event the bond or

deposit for a surface coal mining operation on lands eligible for

remining is forfeited, available funds maybe used if the amount of the

bond or deposit is not sufficient to provide for adequate reclamation

or abatement.

The Director finds the proposed revision at 350.560(1)

substantively identical to and therefore no less stringent than the

language of section 404 of SMCRA.

B. Senate Bill 214

1. At new KRS 350.0285 and KRS 351.070(14), Kentucky proposes to

require that the Cabinet and the Commissioner of the Department of

Mines and Minerals (Department) notify the Transportation Cabinet every

six months of permits issued for mine openings and mine closings under

their authority. At KRS 352.420(3), Kentucky proposes to require that

the operator or superintendent of a mine notify the Commissioner every

six months of a mine opening and a mine closure under his authority.

The Federal rules contain no counterpart requirements. The Director

finds the proposed provisions at KRS 350.0285, KRS 351.070(14), and KRS

352.420(3) not inconsistent with the requirements of SMCRA and the

Federal regulations.

2. At KRS 42.470(1)(c), Kentucky proposes to require that all

counties receive an annual payment from the local government economic

assistance fund which is based on the average of total ton miles within

the county during the most recent three-year period.

The Federal rules contain no counterpart requirements. The Director

finds the proposed revisions at KRS 42.470(1)(c) not inconsistent with

the requirements of SMCRA and the Federal regulations.

3. At KRS 177.977(2), Kentucky proposes to require that a copy of

the information furnished to the Cabinet pursuant to the provisions of

section 1 of this Act and a copy of the information furnished to the

Department pursuant to the provisions of sections 2 and 3 of this Act

be submitted to the Transportation Cabinet.

The Federal rules contain no counterpart requirements. The Director

finds the proposed provisions at KRS 177.977(2) not inconsistent with

the requirements of SMCRA and the Federal regulations.

4. At KRS 211.390(1), Kentucky proposes to revise its definition of

``fluidized bed energy production facility'' to mean a fluidized bed

combustion unit installed in a plant facility, subject to certain

conditions.

The Federal rules contain no counterpart definition. The Director

finds the proposed revision at KRS 211.390(1) not inconsistent with the

requirements of SMCRA and the Federal regulations.

5. At KRS 211.392(1), Kentucky proposes to substitute ``fluidized

bed combustion unit'' for ``structure'' and to delete the provision

that the Governor's Office for Coal and Energy Policy will provide

technical assistance and factual [[Page 33112]] information as

requested in writing by the Revenue Cabinet.

The Federal rules contain no counterpart provisions. The Director

finds the proposed revisions at KRS 211.392(1) not inconsistent with

the requirements of SMCRA and the Federal regulations.

6. At KRS 211.392(2), Kentucky proposes to require that before the

denial, revocation, or modification of a fluidized bed combustion

technology tax exemption certificate, the Revenue Cabinet is required

to give the applicant written notice and afford the applicant an

opportunity for a hearing. The requirement that the special assistant

to the Governor for coal and energy policy be notified of the hearing

along with the applicant is deleted.

The Federal rules contain no counterpart provisions. The Director

finds the proposed revisions at KRS 211.392(2) not inconsistent with

the requirements of SMCRA and the Federal regulations.

7. At KRS 211.392(5), Kentucky proposes to delete the requirement

that the notice of issuance or notice of denial, revocation, or

modification of the tax exemption certificate be sent to the special

assistant to the Governor for coal and energy policy. Also deleted is

the designation of the above-referenced special assistant and applicant

as parties for the purposes of review in appeals. At KRS 211.392(6),

Kentucky proposes to specify that any applicant or holder of

certificate aggrieved by the refusal to issue, revocation, or

modification of a fluidized bed combustion tax exemption certificate

has certain appeal rights. At KRS 211.392(8), Kentucky proposes to

delete the requirement that in the event that the purpose for which a

combustion unit with an exemption certificate is held changes, the

above-referenced special assistant must be notified by the holder of

the certificate.

The Federal rules contain no counterpart provisions. The Director

finds the proposed revisions at KRS 211.392(5), (6), and (8) not

inconsistent with the requirements of SMCRA and the Federal

regulations.

8. At KRS 211.392(9), Kentucky proposes to allow a fluidized bed

combustion facility to be exempt from 211.392 as well as sections KRS

132, 136, 138, and 139. Kentucky also proposes to require that each

exemption certificate remain in force for a period of eight years from

the date of issuance and elapse at the end of the said period. Any

fluidized bed combustion unit previously exempt shall not be eligible

for recertification upon completion of the eight year certificate

period.

The Federal rules contain no counterpart provisions. The Director

finds the proposed revisions at KRS 211.392(9) not inconsistent with

the requirements of SMCRA and the Federal regulations.

C. Senate Bill 249

1. At KRS 350.010(1), Kentucky proposes to clarify that excavation

for the purpose of obtaining coal includes extraction of coal from

refuse piles is included in the definition of ``surface coal mining

operations.''

The Director finds the proposed definition of ``surface coal mining

operation'' at 350.010(1) substantively identical to and therefore no

less stringent than the Federal definition at 701(28) of SMCRA.

2. At KRS 350.010(9), in response to the required amendment at 30

CFR 917.16(j)(2), see 58 FR 42001 (August 6, 1993), Kentucky proposes

to revise the definition of ``person'' to mean any individual,

partnership, corporation, association, society, joint stock company,

firm, company, or other business organization; and shall also include

any agency, unit, instrumentality of Federal, State, or local

government including any publicly owned utility or publicly owned

corporation of Federal, State, or local government.

The Director finds the proposed definition of ``person''

substantively identical to and therefore no less effective than the

Federal definition at 30 CFR 700.5. He is removing the required

amendment at 30 CFR 917.16(j)(2), which required Kentucky to revise its

definition of ``person'' to include all entities encompassed by the

Federal definition.

3. At KRS 350.0301(4), Kentucky is proposing to require that all

hearings be open to the public. The phrase ``except as ordered by the

hearing officer'' is deleted in response to the required amendment at

30 CFR 917.16(j)(1) which required Kentucky to delete the phrase.

Therefore, the Director finds that the deletion of the phrase renders

this section no less stringent than 525 of SMCRA. The Director is

removing the required amendment at 30 CFR 917.16(j)(1).

At KRS 350.0305(1), Kentucky is proposing to delete its hearing

provisions and transfer them, with minor revisions, to 350.0301(1). At

KRS 350.0305, Kentucky is proposing to require that judicial review of

a final order resulting from a hearing on the issuance of a notice of

noncompliance, the issuance of an order for cessation and immediate

compliance, the assessment of civil penalties, or a bond forfeiture be

in compliance with KRS 350.032. At KRS 350.032(2), Kentucky is

proposing to permit any person aggrieved by a final order of the

Cabinet resulting from a hearing on the issuance of a notice of

noncompliance, the issuance of an order for cessation and immediate

compliance, the assessment of civil penalties, or a bond forfeiture to

obtain a review of the order by filing a written petition in the

appropriate county circuit court.

Section 526(e) of SMCRA requires that actions of the State

Regulatory Authority be subject to judicial review by a court of

competent jurisdiction. Kentucky is providing judicial review of its

enforcement actions and therefore the Director finds KRS 350.0305 and

350.032(a) to be in accordance with 526(e) of SMCRA.

D. House Bill 338

At KRS 350.421 (1) and (2), Kentucky proposes to extend its water

rights and replacement provisions to water resources and supplies

affected by underground mining, as well as surface mining.

It should be noted that KRS 350.255(2) is deleted. This deletion

was previously approved by OSM on August 6, 1993 at 58 FR 42001, 42003.

Consequently, the deletion does not need to be addressed in this

rulemaking.

The Federal law at section 720(a)(2) requires the prompt

replacement of any drinking, domestic or residential water supply from

a well or spring in existence prior to the application for a surface

coal mining permit which has been affected by contamination, diminution

or interruption resulting from underground coal mining operations. The

Kentucky statute also provides for the replacement of any drinking,

domestic or residential water supply but is silent on whether or not

the replacement of water supplies will be prompt. Therefore, the

Director finds KRS 350.421 no less stringent than 720(a)(2) of SMCRA

except to the extent that the Kentucky statute does not provide for the

prompt replacement of water supplies.

He is requiring that Kentucky amend its program to provide for

prompt replacement. In its letter dated September 1, 1994, Kentucky

stated that it is not authorized by State law to retroactively apply

the water replacement requirements to water losses which occurred

between October 24, 1992, and July 15, 1994, the effective date of

House Bill 338. The Director is deferring decision on the enforcement

of the provisions of SMCRA section 720(a) during the period from the

effective date of SMCRA section 720 (October 24, [[Page 33113]] 1992)

to the effective date of KRS 350.421 (1) and (2) (July 15, 1994).

Pursuant to newly promulgated 30 CFR 843.25, OSM intends to publish by

July 31, 1995, for each State with a regulatory program, including

Kentucky, final rule notices concerning the enforcement of the

provisions of the Energy Policy Act in those States.

E. House Bill 707

At KRS 350.070(1), Kentucky proposes to permit extensions of the

underground mining area that are not incidental boundary revisions and

do not include planned subsidence or other new proposed surface

disturbances to be made by application for a major revision to the

permit.

The Federal rules do not require that areas overlying proposed

underground workings be included in the permit area if no surface

disturbance is planned. The Director finds the proposed revisions at

KRS 350.070(1) not inconsistent with the requirements of SMCRA and the

Federal rules.

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. Two public comments

were received. Because no one requested an opportunity to speak at a

public hearing, no hearing was held.

The Coal Operators and Associates Inc. expressed its general

support for the amendment. The Kentucky Resources Council, Inc. (KRC)

had several comments:

1. House Bill 383--The KRC was concerned with the practical

implementation of the new protections of KRS 350.421 (1) and (2). The

KRC anticipates proof difficulties where mine related water loss or

quality diminution occurs. The KRC then recommended several courses of

action. The Director notes that the scope of this amendment are the

revisions to the Kentucky statutes and that the concerns raised by the

KRC are beyond the scope of this rulemaking and do not pertain to KRS

350.421, which the KRC found to be consistent with SMCRA.

2. Senate Bill 208--The KRC stated that this Bill does not provide

a commencement date for the operation of the statute's provisions and

could be construed to require waiving permit blocking for violations

that occurred before 1992 on pre-1992 permitted remining sites. KRC

asserts that Congress did not intend section 510(e) to apply either to

violations which occurred prior to October 24, 1992 or to permits

issued before that date. KRC posits the purpose of section 510(e) is to

provide solely post-enactment date incentives for remining. KRC also

cautioned of the difficulty of establishing the existence of

unanticipated events or conditions at permits issued before October 24,

1992.

OSM disagrees with part of the comment. As to the date the

violation occurs, Kentucky will exempt permit applicants from permit

blocks for violations that occurred after July 15, 1994 as a result of

an unanticipated event or condition on lands eligible for remining.

Regarding the date the remining permit is issued, the plain

language of section 510(e) of SMCRA does not require that the remining

permit have been issued after October 24, 1992, only that the

application for the new permit be on or after October 24, 1992. While

the legislative history of section 2503 of the Energy Policy Act

indicates that the remining amendments to SMCRA were, as a whole, meant

to provide incentives to industry to extract coal which would otherwise

be bypassed, the text of section 510(e) is also consistent with

Congressional awareness of, and a need to correct the inequality of

permit applicants being permit blocked for a violation resulting from

an event or condition at a remining site which they could not have

reasonably anticipated nor over which they had any control, regardless

of the date of permit issuance.

The application of section 510(e) should also not be limited on the

basis of the potential difficulty of establishing unanticipated events

or conditions on permits issued before October 24, 1992. As with any

permit requirement, the burden is on the applicant to make the required

demonstration. Regulatory authorities will decide whether to apply

section 510(e) based upon information set forth in the permit

application. Moreover, any difficulty a regulatory authority night

experience in evaluating whether the event or condition underlying the

potentially permit blocking violation was reasonably unanticipated or

whether the violation occurred on lands eligible for remining would be

no greater on October 23, 1992, the day before section 510(e) was

enacted, than on the following day. Accordingly, OSM does not interpret

this section to impose a post-October 24, 1992 limitation on when

permits must have been issued. This issue may, however, become

increasingly academic for there are ever fewer pre-October 24, 1992

remining permits which are still in active mining reclamation.

The KRC was concerned that revisions to KRS 350.032, 350.0301 and

350.0305 may be construed to eliminate the ability to obtain under KRS

350.032(4) temporary relief of cabinet orders and determinations that

are not related to bond forfeitures or enforcement orders. In a letter

dated September 1, 1994, Kentucky stated that KRS 350.032(4), its

temporary relief provision, applies to orders issued ``under this

chapter.'' Kentucky interprets KRS 350.032(4) to authorize temporary

relief in appeals under both KRS 350.0305 and KRS 350.032. The Director

agrees with Kentucky's interpretation since the phrase ``under this

chapter'' means Chapter 350 and sections 350.032, 350.0301 and 350.0305

all are within Chapter 350.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Kentucky program. The U.S.

Department of the Interior, Bureau of Land Management and Bureau of

Mines; the U.S. Department of Labor, Mine Safety and Health

Administration; and the U.S. Department of Agriculture, Soil

Conservation Service, concurred without comment. The U.S. Department of

the Interior, Fish and Wildlife Service, commented that the reduction

in the period of responsibility for revegetation success for remining

sites from five years to two years would result in lost opportunities

to assure vegetative success on highly erosive sites. It recommended

that the regulation remain unchanged. The Director notes Kentucky's

proposed revision is identical to SMCRA's standards at section

515(b)(20)(B).

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 program amendment that relate to air or water quality

standards promulgated under the authority of the Clean Water Act (33

U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).

On May 13, 1994, OSM solicited EPA's concurrence with the proposed

amendment. By letter dated May 17, 1995, EPA concurred with the

provisions of the proposed amendment.

V. Director's Decision

Based on the above findings, the Director approves, with two

exceptions, the proposed amendment as submitted by Kentucky on April

29, 1994. As [[Page 33114]] noted in Finding D concerning the proposed

revisions at KRS 350.421(1) and (2), the Director is requiring that

Kentucky amend its program to provide for the prompt replacement of

water supplies. He is deferring decision on the enforcement of the

provisions of SMCRA section 720 during the period from the effective

date of SMCRA section 720 (October 24, 1992) to the effective date of

KRS 350.421(1) and (2) (July 15, 1994). As noted in Finding C, the

Director is also removing the required amendments at 30 CFR

917.16(j)(1) and (j)(2).

On March 31, 1995, OSM published final rules on subsidence to

reflect the changes enacted by the Energy Policy Act of 1992, Pub. L.

102-486 (60 FR 16722). OSM intends to publish by July 31, 1995, for

each State with a regulatory program, including Kentucky, final rule

notices concerning the enforcement of the provisions of the Energy

Policy Act in those States. Therefore, those portions of the Kentucky

amendment that reflect changes because of the Energy Policy Act of

1992, are approved with the understanding that Kentucky may have to

amend its program to correct any inconsistencies that may arise after

the publication of the Federal final rules on July 31, 1995.

The Federal regulations at 30 CFR Part 917, codifying decisions

concerning the Kentucky 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.

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 30 CFR 732.17(g)

prohibit any unilateral changes to approved State programs. In the

oversight of the Kentucky 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 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 (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.

43332(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

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 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 16, 1995.

Robert A. Penn,

Acting Regional Director, Appalachian Regional Coordinating 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 917.15 is amended by adding paragraph (yy) to read as

follows:

Sec. 917.15 Approval of regulatory program amendments.

* * * * * * *

(yy) The following statutes, as submitted to OSM on April 29, 1994,

and supplemented with additional explanatory information on September

1, 1994, are approved effective June 27, 1995, except to the extent

that KRS 350.421 does not provide for the prompt replacement of water

supplies:

KRS 350.010(2), (16), (22), (23)... Definitions.

KRS 350.421........................ Water Supplies.

KRS 350.085(1), (7)................ Violations.

KRS 350.095(1), (2)................ Revegetation.

KRS 350.560(1)..................... Bonds.

KRS 350.0285....................... Notification Procedures.

KRS 351.070(14).................... Notification Procedures.

KRS 352.420(3)..................... Notification Procedures.

KRS 42.470(1)(c)................... Reimbursement.

KRS 211.390(1)..................... Definitions.

KRS 211.392(1), (2)................ Exemption Application.

KRS 211.392(5)..................... Exemption Certificate.

KRS 132, 136, 138, 139............. Term of Certificate.

KRS 350.010(1)..................... Definitions.

KRS 350.010(9)..................... Definitions.

KRS 350.0301(1) and (4)............ Hearing Procedures.

KRS 350.0305....................... Judicial Review.

KRS 350.032(2), (4)................ Hearing Procedures.

KRS 350.421(1), (2)................ Water Replacement.

KRS 350.070(1)..................... Permit Revision.

[[Page 33115]]

KRS 177.977........................ Coal Transportation.

KRS 351.070(13).................... Authority Provisions.

KRS 211.392(6), (8)................ Exemption Certificates.

The Director is deferring decision on the enforcement of the

provisions on SMCRA section 720 during the period from the effective

date of SMCRA section 720 (October 24, 1992) to the effective date of

KRS 350.421(1) and (2) (July 15, 1994).

3. Section 917.16 is amended to remove and revise paragraph (j) and

to add paragraph (m) to read as follows:

Sec. 917.16 Required regulatory program amendments.

* * * * *

(j) [Reserved]

* * * * *

(m) By August 28, 1995, Kentucky shall submit either a proposed

amendment or a description of an amendment to be proposed, together

with a timetable for adoption of proposed revisions to its program to

specify that Kentucky's program provide for the prompt replacement of

water supplies.

[FR Doc. 95-15344 Filed 6-26-95; 8:45 am]

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