Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-017-FOR]

Kansas Regulatory Program and Abandoned Mine Land Reclamation

Plan

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

Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period

on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a

previously proposed amendment to the Kansas regulatory program

(hereinafter referred to as the ``Kansas program'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for

Kansas's proposed rules pertain to definitions; application for mining

permit; civil penalties; permit transfers, assignments, and sales;

termination of jurisdiction; exemption for coal and extraction incident

to government-financed highway or other construction; exemption for

coal extraction incident to the extraction of other minerals; coal

exploration; bonding procedures; performance standards; eligible lands

and water; liens; contractor responsibility;

exclusion of certain noncoal reclamation sites; and reports. The

amendment is intended to revise the Kansas program to be consistent

with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.s.t. February

4, 1998.

other minerals; coal

exploration; bonding procedures; performance standards; eligible lands

and water; liens; contractor responsibility;

exclusion of certain noncoal reclamation sites; and reports. The

amendment is intended to revise the Kansas program to be consistent

with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.s.t. February

4, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to

Russell W. Frum, Mid-Continent Regional Coordinating Center at the

address listed below.

Copies of the Kansas program, the proposed amendment, 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

contracting OSM's Mid-Continent Regional Coordinating Center.

Russell W. Frum, Mid-Continent Regional Coordinating Center, Office

of Surface Mining Reclamation and Enforcement, Alton Federal Building,

501 Belle Street, Alton, IL 62002, Telephone: (618) 463-6460.

Kansas Department of Health and Environment, Surface Mining

Section, 4033 Parkview Drive, Frontenac, KS 66763, Telephone (316) 231-

8540.

FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent

Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

Building,

501 Belle Street, Alton, IL 62002, Telephone: (618) 463-6460.

Kansas Department of Health and Environment, Surface Mining

Section, 4033 Parkview Drive, Frontenac, KS 66763, Telephone (316) 231-

8540.

FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent

Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

The Secretary of the Interior conditionally approved the Kansas

regulatory program on January 21, 1981, and the Kansas abandoned mine

land reclamation plan on February 1, 1982. General background

information on the Kansas regulatory program and the Kansas abandoned

mine land reclamation plan, including the Secretary's findings, the

disposition of comments, and the conditions of approval can be found in

the January 21, 1981, Federal Register (46 FR 5892) and the February 1,

1982, Federal Register (47 FR 4513), respectively. Subsequent actions

concerning Kansas' program and program amendments can be found at 30

CFR 916.10, 916.12, 916.15, 916.16, 916.20, and 916.25.

II. Discussion of the Proposed Amendment

By letter dated May 7, 1997 (Administrative Record No. KS-615),

Kansas submitted a proposed amendment to its program pursuant to SMCRA.

Kansas submitted the proposed amendment in response to letters dated

May 20, 1996, and January 6, 1997 (Administrative Record Nos. KS-608

and KS-612, respectively) that OSM sent to Kansas in accordance with 30

CFR 732.17(c) and in response to a letter dated September 26, 1994

(Administrative Record No. AML-KS-169), that OSM sent to Kansas in

accordance with 30 CFR 884.25(b). Kansas also proposed changes to its

regulations at its own initiative. The provisions of the Kansas

Administrative Regulations (K.A.R.) that Kansas proposes to amend are:

K.A.R. 47-1-1, title of rules; K.A.R. 47-1-3, communication; K.A.R. 47-

1-4, sessions; K.A.R. 47-1-8, petitions to initiate rulemaking; K.A.R.

47-1-9, notice of citizen suits; K.A.R

ansas in

accordance with 30 CFR 884.25(b). Kansas also proposed changes to its

regulations at its own initiative. The provisions of the Kansas

Administrative Regulations (K.A.R.) that Kansas proposes to amend are:

K.A.R. 47-1-1, title of rules; K.A.R. 47-1-3, communication; K.A.R. 47-

1-4, sessions; K.A.R. 47-1-8, petitions to initiate rulemaking; K.A.R.

47-1-9, notice of citizen suits; K.A.R. 47-1-10, general notice

requirement; K.A.R. 47-1-11, permittee--preparation and submission of

reports; K.A.R. 47-2-14, definition of complete and accurate

application; K.A.R. 47-2-21, definition of employee; K.A.R. 47-2-53,

definition of regulatory authority; K.A.R. 47-2-53a, definition of

regulatory program; K.A.R. 47-2-58, definition of significant,

imminent, environmental harm to land, air or water resources; K.A.R.

47-2-64, definition of state act; K.A.R. 47-2-67, definition of surety

bond; K.A.R. 47-2-74, definition of public road; K.A.R. 47-2-75,

definitions--adoption by reference; K.A.R. 47-3-1, application for

mining permit; K.A.R. 47-3-3a, permit application--maps; K.A.R. 47-3-

42(a), application for mining permit--adoption by reference; K.A.R. 47-

4-14, public hearings; K.A.R. 47-4-14a, administrative hearing

procedure; K.A.R. 47-4-15, administrative hearings--discovery; K.A.R.

47-4-16, interim orders for temporary relief; K.A.R. 47-4-17,

administrative hearings--award of costs and expenses; K.A.R. 47-5-5a,

civil penalties; K.A.R. 47-5-16, final assessment and payment of civil

penalty; K.A.R. 47-6-1, permit review; K.A.R. 47-6-2, permit revision;

K.A.R. 47-6-3, permit renewals; K.A.R. 47-6-4, permit transfers,

assignments, and sales; K.A.R. 47-6-6, permit conditions; K.A.R. 47-6-

7, permit suspension or revocation; K.A.R. 47-6-8, termination of

jurisdiction; K.A.R. 47-6-9, exemption for coal extraction incident to

government-financed highway or other construction; K.A.R. 47-6-10,

exemption for coal extraction incident to the extraction of other

minerals; K.A.R

wals; K.A.R. 47-6-4, permit transfers,

assignments, and sales; K.A.R. 47-6-6, permit conditions; K.A.R. 47-6-

7, permit suspension or revocation; K.A.R. 47-6-8, termination of

jurisdiction; K.A.R. 47-6-9, exemption for coal extraction incident to

government-financed highway or other construction; K.A.R. 47-6-10,

exemption for coal extraction incident to the extraction of other

minerals; K.A.R. 47-7-2, coal exploration; K.A.R. 47-8-9, bonding

procedures; K.A.R. 47-8-11, use of forfeited bond funds; K.A.R. 47-9-1,

performance standards; K.A.R. 47-9-2, revegetation; K.A.R. 47-9-4,

interim performance standards K.A.R. 47-10-1, underground mining;

K.A.R. 47-11-8, small operator assistance program K.A.R. 47-12-4, lands

unsuitable for mining; K.A.R. 47-13-4, training and certification of

blasters; K.A.R. 47-13-5, responsibilities of operators and blasters-

in-charge; K.A.R. 47-13-6, training; K.A.R. 47-14-7, employee financial

interest; K.A.R. 47-15-1a, inspection and enforcement; K.A.R. 47-15-3,

lack of information--inability to comply; K.A.R. 47-15-4, injunctive

relief K.A.R. 47-15-7, state inspections; K.A.R. 47-15-8, citizen's

requests for state inspections; K.A.R. 47-15-15, service of notices of

violations and cessation orders; K.A.R. 47-15-17, maintenance of permit

areas; K.A.R. 47-16-1, eligible lands and water; K.A.R. 47-16-2,

reclamation project evaluation; K.A.R. 47-16-3, consent to entry;

K.A.R. 47-16-4, entry for study or exploration; K.A.R. 47-16-5, entry

and consent to reclaim; K.A.R. 47-16-6, liens; K.A.R. 47-16-7,

appraisals; K.A.R. 47-16-8, satisfaction of liens; K.A.R. 47-16-9,

contractor responsibility; K.A.R. 47-16-10, exclusion of certain

noncoal reclamation sites; and K.A.R. 47-16-11, reports.

OSM announced receipt of the proposed amendment in the June 4,

1997, Federal Register (62 FR 30535) and invited public comment on its

adequacy. The public comment period ended July 7, 1997.

During its review of the amendment, OSM identified concerns

relating to K.A.R

-9,

contractor responsibility; K.A.R. 47-16-10, exclusion of certain

noncoal reclamation sites; and K.A.R. 47-16-11, reports.

OSM announced receipt of the proposed amendment in the June 4,

1997, Federal Register (62 FR 30535) and invited public comment on its

adequacy. The public comment period ended July 7, 1997.

During its review of the amendment, OSM identified concerns

relating to K.A.R. 47-2-53, definition for regulatory authority; K.A.R.

47-2-75(6)(A), definition for director; K.A.R. 47-3-42 (a)(49)(B) and

(a)(49)(E), procedures for challening ownership and control links shown

in AVS; K.A.R. 47-3-42 (a)(50)(E), standards for challening ownership

and control links and the status of violations; K.A.R. 47-5-

5a(c)(4)(D), review of waiver determination; K.A.R. 47-5-5a(c)(6)(C)(i)

and (c)(6)(E), summary disposition; K.A.R. 47-6-4(c), permit transfers,

assignments and sales; K.A.R. 47-6-8(b), termination of jurisdiction;

K.A.R. 47-6-9(b)(3), exemption for coal extraction incident to

government-financed highway or other construction; K.A.R. 47-6-

10(b)(4), exemption for coal extraction incident to the extraction of

other minerals; K.A.R. 47-7-2 (b)(6) and (b)(8), coal exploration;

K.A.R. 47-8-9 (a)(1) and (b)(8), bonding procedures; K.A.R. 47-9-1(c),

performance standards; K.A.R. 47-9-1 (c)(17) and (e)(17), use of

explosives: general requirements; K.A.R. 47-9-1(c)(35), backfilling and

grading: time

or other construction; K.A.R. 47-6-

10(b)(4), exemption for coal extraction incident to the extraction of

other minerals; K.A.R. 47-7-2 (b)(6) and (b)(8), coal exploration;

K.A.R. 47-8-9 (a)(1) and (b)(8), bonding procedures; K.A.R. 47-9-1(c),

performance standards; K.A.R. 47-9-1 (c)(17) and (e)(17), use of

explosives: general requirements; K.A.R. 47-9-1(c)(35), backfilling and

grading: time

and distance requirements; K.A.R. 47-9-1(j)(9), substitution of Kansas

terms for Federal terms in 30 CFR Parts 816 and 817; K.A.R. 47-16-1,

eligible lands and water; K.A.R. 47-16-6(d), liens; K.A.R. 47-16-9(a),

contractor responsibility; K.A.R. 47-16-10(b)(1), exclusion of certain

noncoal reclamation sites; and K.A.R. 47-16-11 (a)(2)(A) and (b)(2)(A),

reports. OSM notified Kansas of the concerns by letter dated October 8,

1997 (Administrative Record No. KS-615.5). Kansas responded in a letter

dated November 14, 1997 (Administrative Record No. KS-615.6), by

submitting a revised amendment.

Via the facsimile machine on December 31, 1997 (Administrative

Record No. KS-615.7), OSM notified Kansas of additional concerns

regarding its November 14, 1997, response. These concerns involved

typographical errors at K.A.R. 47-9-1(c)(35)(a), backfilling and

grading: time and distance requirements, and K.A.R. 47-16-11(a),

reports. Kansas responded to the concerns by correcting the

typographical errors in a letter dated on December 31, 1997

(Administrative Record No. KS-615.8). The proposed revisions are

discussed below.

A. Kansas Regulatory Program

1. Regulations With Editorial Changes

Kansas proposes minor wording changes, paragraph notation changes,

citation corrections, and other editorial changes in the following

sections of the K.A.R.: 47-2-53, definition of regulatory authority;

47-2-75(6)(A), definition of director, 47-3-42 (a)(2), violation

information; 47-3-42 (a)(49)(B), (a)(49)(E), and (a)(49)(G), procedures

for challenging ownership or control links shown in AVS; 47-3-42

poses minor wording changes, paragraph notation changes,

citation corrections, and other editorial changes in the following

sections of the K.A.R.: 47-2-53, definition of regulatory authority;

47-2-75(6)(A), definition of director, 47-3-42 (a)(2), violation

information; 47-3-42 (a)(49)(B), (a)(49)(E), and (a)(49)(G), procedures

for challenging ownership or control links shown in AVS; 47-3-42

(a)(50)(E), standards for challenging ownership or control links and

the status of violations; 47-5-5a(c)(4)(D), review of waiver

determination; 47-5-5a (c)(6)(C)(i) and (c)(6)(E), summary disposition;

47-6-8(b), termination of jurisdiction; 47-6-9(b)(3), exemption for

coal extraction incident to government-financed highway or other

construction; 47-6-10(b)(4), exemption for coal extraction incident to

the extraction of other minerals; 47-7-2 (b)(6) and (b)(8), coal

exploration; 47-8-9(b)(8), bonding procedures; 47-9-1(c), performance

standards; 47-9-1 (c)(17) and (e)(17), use of explosives: general

requirements; and 47-9-1(j)(9), substitution of Kansas terms for

Federal terms in 30 CFR Parts 816 and 817.

2. K.A.R. 47-3-42 (a)(49), Procedures for Challening Ownership or

Control Links Shown in AVS

Kansas proposes not to adopt by reference 30 CFR 773.24(a)(1).

3. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales

Kansas proposes to add paragraph (c)(4) to read as follows:

``Act'' shall be replaced by ``state act.''

4. K.A.R. 47-8-9(a)(1), Regulatory Authority Responsibilities

Kansas proposes to add the phrase, ``deleting subsection (d),'' at

the end of this paragraph because the Kansas program does not have

provisions for self-bonding.

5. K.A.R. 47-9-1(c)(35), Backfilling and Grading: Time and Distance

Requirements

Kansas proposes to incorporate into its regulations language that

is substantively identical to the Federal regulations at 30 CFR

816.101.

B. Kansas Abandoned Mine Land Reclamation Plan

`deleting subsection (d),'' at

the end of this paragraph because the Kansas program does not have

provisions for self-bonding.

5. K.A.R. 47-9-1(c)(35), Backfilling and Grading: Time and Distance

Requirements

Kansas proposes to incorporate into its regulations language that

is substantively identical to the Federal regulations at 30 CFR

816.101.

B. Kansas Abandoned Mine Land Reclamation Plan

1. Regulations With Editorial Changes

Kansas proposes minor wording changes, paragraph notation changes,

citation corrections, and other editorial changes in the following

sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-6(d),

liens; 47-16-9(a), contractor responsibility; and 47-16-10(b)(1),

exclusion of certain noncoal reclamation sites.

2. K.A.R. 47-16-11, Reports

Kansas proposes to delete sections (a)(1)(A) through (c) and to

revise section (a) to read as follows:

(a) For each grant, cooperative agreement or both, the

department shall semiannually or annually (whichever the case may

be) submit to the office of surface mining reclamation and

enforcement any reporting as required by OSM.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Kansas program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. 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 Kansas program.

Written Comments

an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. 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 Kansas 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 Mid-Continent Regional

Coordinating Center will not necessarily be considered in the final

rulemaking or included in the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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, 730.15, 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

uld have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

Unfunded Mandates

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 901

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 9, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-1216 Filed 1-16-98; 8:45 am]

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