Kentucky Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-210]

Kentucky Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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

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 statues

pertaining to bonds, permitting, coal waste disposal, administrative

hearings, and civil penalties. The amendment is intended to revise the

Kentucky program to be consistent with the corresponding Federal

regulations.

DATES: Written comments must be received by 4:00 p.m., [E.D.T.],

October 4, 1996. If requested, a public hearing on the proposed

amendment will be held on September 30, 1996. Requests to speak at the

hearing must be received by 4:00 p.m., [E.D.T.], on September 18, 1996.

[[Page 46578]]

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.

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 15, 1996, (Administrative Record No. KY-

1371) Kentucky submitted a proposed amendment to its program pursuant

to SMCRA at its own initiative. Senate Bill 231 and House Bill 764

enacted on March 28, 1996, revised the following provisions of the

Kentucky Revised Statutes (KRS): KRS 350.131(3); KRS 350.150(1); KRS

Chapter 350 Section (3); KRS 350.0301(1); and KRS 350.990(1).

Specifically, Kentucky proposes to make the following changes.

Senate Bill 231 creates a new subsection at KRS 350.131(3) that allows

Kentucky to use money from a forfeited bond, other than a surety bond

or letter credit, to enter a contract with an overlapping permittee to

perform reclamation on the forfeited permit area. KRS 350.150(1) is

amended to exempt contracts negotiated under new subsection KRS

350.131(3) from the requirement that reclamation contracts be awarded

to the lowest responsible bidder upon competitive bids. KRS Chapter 350

Section (3) is added to allow Kentucky to negotiate improved

coordination among Federal and State agencies in reviewing proposals

for reinjection or backstowing of coal processing waste and underground

development waste. House Bill 764 amends KRS 350.0301(1) to allow a

person contesting a failure-to-abate cessation order to also contest

the underlying noncompliance at the hearing on the cessation order. KRS

350.990(1) is amended to require that Kentucky assess up to $5,000 on

each violation in a noncompliance underlying an imminent danger

cessation order but prohibits the assessment of a separate penalty on

the cessation order itself.

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 19, 1996. The location and time of the hearing

will be arranged with those persons requesting the hearing. If on 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.

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.

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 CONTRACT.

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 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.

[[Page 46579]]

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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface mining, Underground mining.

Dated: August 27, 1996.

Vann Weaver,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 96-22446 Filed 9-3-96; 8:45 am]

BILLING CODE 4310-05-M