# 61 FR 46577: Kentucky Regulatory Program > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-22446 ## Section - **Citation:** 61 FR 46577 - **Heading:** Kentucky Regulatory Program - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 61 / 61 FR 46577 ## Text 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. 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. tucky 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 371) 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 ut 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 form) 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. 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 e 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. 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Check the current official text before relying on it. Not legal advice.