![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Kentucky Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Proposed Rules]
[Page 38446-38448]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-25]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-237-FOR]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing a proposed amendment to the Kentucky regulatory
program (the "Kentucky program") under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky
proposes additions to its statutes about incidental coal removal and
intends to revise its program to be consistent with SMCRA. This
document gives the times and locations that the Kentucky program and
proposed amendment to that program are available for your inspection,
the comment period during which you may submit written comments on the
amendment, and the procedures that we will follow for the public
hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., e.s.t. July 5, 2002. If requested, we will hold a public hearing
on the amendment on July 1, 2002. We will accept requests to speak at a
hearing until 4:00 p.m., e.s.t. on June 19, 2002.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to William J. Kovacic at the address
listed below.
You may review copies of the Kentucky program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Lexington Field Office. William J. Kovacic, Lexington Field
Office, Office of Surface Mining Reclamation and Enforcement, 2675
Regency Road, Lexington, Kentucky 40503, Telephone: (859)
260-8400. E-mail: bkovacic@osmre.gov. 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, Telephone: (859)
260-8400. Internet: bkovacic@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program.
II. Description of the Proposed Amendment.
III. Public Comment Procedures.
IV. Procedural Determinations.
I. Background on the Kentucky Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, "a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act
* * * ; and rules and regulations consistent with
regulations issued by the Secretary pursuant to the Act." See 30
U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the Kentucky program
on May 18, 1982. You can find background information on the Kentucky
program, including the Secretary's findings, the disposition of
comments, and conditions of approval of the Kentucky program in the May
18, 1982, Federal Register (47 FR 21404). You can also find later
actions concerning Kentucky's program and program amendments at 30 CFR
917.11, 917.12, 917.13, 917.15, 917.16, and 917.17.
[[Page 38447]]
II. Description of the Proposed Amendment
By letter dated April 12, 2002 (Administrative Record No.
KY-1529), Kentucky sent us an amendment to its program under
SMCRA (30 U.S.C. 1201 et seq.). Kentucky sent the amendment at its own
initiative. The full text of the amended language follows. The language
comprises a new section of the Kentucky Revised Statutes at Chapter 350
and is referenced as Kentucky House Bill 405.
Kentucky defines "private land" as "property that
is owned by a not-for-profit organization or by a noncommercial private
owner and is subject to the construction of improvements on that
property, and includes land that requires alteration, modification,
excavation, or landscaping in order to make it relate to, and support
the function of, a facility or improvement. Private land includes but
is not limited to a parking lot for a church, a recreational facility
or court for a school, and land alteration related to improvements to a
private residence or other private use."
Kentucky further specifies that "removal of coal on private
land, incidentally and as a necessary requirement of facility
construction, or as a consequence of the excavation or landscaping
required to make the land support the intended function of a facility
under construction, shall not require the owner of that private land to
obtain a surface mining permit as required under this chapter, or a
mining licenses as required under this chapter, if: (a) The coal
removed is five thousand tons or less; (b) the coal removed is donated
to a charitable, educational, or governmental organization, or the coal
is sold and the proceeds are donated to such an organization; and (c)
the landowner notifies the cabinet at the time that coal is first
encountered and prior to removal, and if after inspection and review of
site plans, construction contracts, or other indicia, the cabinet
determines that the proposed project is eligible for this exemption.
The cabinet may require implementation of such best management
practices as are necessary to ensure compliance with stormwater
discharge limits."
Kentucky is also requiring that, "the cabinet within ten days
of the effective date of this Act, seek an opinion from the Federal
Office of Surface Mining relating to the provisions of this section and
shall not implement or administer the provisions of subsection (2) of
this section until July 1, 2004. However, if the cabinet receives a
Federal Office of Surface Mining determination that subsections (1) to
(2) of this section, and any related administrative regulations of the
cabinet, are consistent with, or otherwise not in violation of, the
Federal Surface Mining Control and Reclamation Act of 1977, the cabinet
may implement and administer the provisions of subsection (2) of this
section prior to July 1, 2004."
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Lexington Field Office may not
be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include "Attn: SPATS No. KY-231-FOR" and your name
and return address in your Internet message. If you do not receive a
confirmation that we have received your Internet message, contact the
Lexington Field Office at (859) 260-8400.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.s.t. June 19,
2002. If you are disabled and need special accommodations to attend a
public hearing, contact the person listed under FOR FURTHER INFORMATION
CONTACT. We will arrange the location and time of the hearing with
those persons requesting the hearing. If no one requests an opportunity
to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630 Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866 Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988 Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a)
[[Page 38448]]
and (b) of that section. However, these standards are not applicable to
the actual language of State regulatory programs and program amendments
because each 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 the Federal regulations at 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.
Executive Order 13132 Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to "establish a nationwide program to
protect society and the environment from the adverse effects of surface
coal mining operations." Section 503(a)(1) of SMCRA requires that
State laws regulating surface coal mining and reclamation operations be
"in accordance with" the requirements of SMCRA. Section
503(a)(7) requires that State programs contain rules and regulations
"consistent with" regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13211 Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C.804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local governmental agencies or
geographic regions; and (c) Does not have significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 26, 2002.
George J. Rieger,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 02-13986 Filed 6-3-02; 8:45 am]
BILLING CODE 4310-05-P