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Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 16, 2003 (Volume 68, Number 11)]
[Proposed Rules]
[Page 2265-2268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja03-26]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[KS-023-FOR]
Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of an addition to a previously proposed
amendment to the Kansas regulatory program and abandoned mine land
reclamation (AMLR) plan (Kansas program) under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The addition concerns
[[Page 2266]]
abandoned mine land (AML) agency procedures for reclamation projects
receiving less than 50 percent government funding. Kansas intends to
revise its program to be consistent with the corresponding Federal
regulations.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.s.t., January 31, 2003.
ADDRESSES: You should mail or hand deliver written comments to John W.
Coleman, Mid-Continent Regional Coordinating Center, at the address
listed below.
You may review copies of the Kansas program, the amendment, 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 Mid-Continent Regional Coordinating Center.
John W. Coleman, Mid-Continent Regional Coordinating Center, Office
of Surface Mining, 501 Belle Street, Alton, Illinois 62002. Telephone:
(618) 463-6460. Internet: jcoleman@osmre.gov.
Kansas Department of Health and Environment, Surface Mining
Section, 4033 Parkview Drive, Frontenac, Kansas 66763. Telephone: (316)
231-8540.
FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent
Regional Coordinating Center. Telephone: (618) 463-6460. Internet:
jcoleman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Kansas 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 State 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 this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this 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 Kansas regulatory program on January 21,
1981. You can find background information on the Kansas regulatory
program and program amendments, including the Secretary's findings, the
disposition of comments, and conditions of approval, in the January 21,
1981, Federal Register (46 FR 5892). You can also find later actions
concerning the Kansas regulatory program and program amendments at 30
CFR 916.10, 916.12, 916.15, and 916.16.
The AMLR Program was established by title IV of the Act (30 U.S.C.
1201 et seq.) in response to concerns over extensive environmental
damage caused by past coal mining activities. The program is funded by
a reclamation fee collected on each ton of coal that is produced. The
money collected is used to finance the reclamation of abandoned coal
mines and for other authorized activities. Section 405 of the Act
allows States and Indian tribes to assume exclusive responsibility for
reclamation activity within the State or on Indian lands if they
develop and submit to the Secretary of the Interior for approval a
program (often referred to as a plan) for the reclamation of abandoned
coal mines. On the basis of these criteria, the Secretary of the
Interior approved the Kansas abandoned mine land reclamation plan
(Kansas plan) on February 1, 1982. You can find background information
on the Kansas plan, including the Secretary's findings, the disposition
of comments, and the approval of the Kansas plan in the February 1,
1982, Federal Register (47 FR 4513). You can find later actions
concerning the Kansas plan and amendments to the plan at 30 CFR 916.20
and 916.25.
II. Description of the Proposed Amendment
By e-mail dated July 24, 2002 (Administrative Record No. KS-623),
Kansas sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). Kansas sent the amendment in response to a letter dated
August 23, 2000 (Administrative Record No. KS-618), that we sent to
Kansas, in accordance with 30 CFR 732.17(c), concerning valid existing
rights. At its own initiative, Kansas also proposed to revise other
provisions in its regulations by adopting by reference portions of the
Federal regulations at 30 CFR Part 700 to End that were revised as of
July 1, 2001.
We announced receipt of the amendment in the September 23, 2002,
Federal Register (67 FR 59484) and invited public comment on its
adequacy. The public comment period closed October 23, 2002.
During our review of the amendment, we realized that we did not
announce receipt of Kansas' proposed regulation at Kansas
Administrative Regulations (K.A.R.) 47-16-12 in the proposed rule
published on September 23, 2002. Therefore, we are reopening the
comment period in this proposed rule. Kansas proposed to add the
following new regulation concerning AML agency procedures for
reclamation projects receiving less than 50 percent government funding.
K.A.R. 47-16-12. AML agency procedures for reclamation projects
receiving less than 50 percent government funding. This section only
applies if the level of funding for the construction will be less
than 50 percent of the total cost because of planned coal
extraction.
(a) Consultation with the active coal mining portion of the
regulatory authority. In consultation with the active mining portion
of the regulatory authority, the surface mining section must make
the following determinations:
(1) They must determine the likelihood of the coal being mined
under an active coal mining permit. This determination must take
into account available information such as:
(i) Coal reserves from existing mine maps or other sources;
(ii) Existing environmental conditions;
(iii) All prior mining activity on or adjacent to the site;
(iv) Current and historic coal production in the area; and
(v) Any known or anticipated interest in mining the site.
(2) They must determine the likelihood that nearby or adjacent
mining activities might create new environmental problems or
adversely affect existing environmental problems at the site.
(3) They must determine the likelihood that reclamation
activities at the site might adversely affect nearby or adjacent
mining activities.
(b) Concurrence with the active mining portion of the regulatory
authority. If, after consulting with the active mining portion of
the regulatory authority, it has been decided to proceed with the
reclamation project, then the abandoned mine land and active mining
portions of the regulatory authority must concur in the following
determinations:
(1) They must concur in a determination of the limits on any
coal refuse, coal waste, or other coal deposits which can be
extracted under K.A.R. 47-6-9.
(2) They must concur in the delineation of the boundaries of the
AML project.
(c) Documentation. You must include in the AML case file:
(1) The determinations made under paragraphs (a) and (b) of this
section;
(2) The information taken into account in making the
determinations; and
(3) The names of the parties making the determinations.
(d) Special requirements. For each project, the surface mining
section must:
(1) Characterize the site in terms of mine drainage, active
slides and slide-prone areas, erosion and sedimentation, vegetation,
toxic materials, hydrologic balance, and other aml hazards
associated with the project;
[[Page 2267]]
(2) Ensure that the reclamation project is conducted in
accordance with the provisions of K.A.R 47-16-1 et. seq.;
(3) Develop specific-site reclamation requirements, including
performance bonds when appropriate in accordance with state
procedures; and
(4) Require the contractor conducting the reclamation to
provide, prior to the time reclamation begins, applicable documents
that clearly authorize the extraction of coal and payment of
royalties.
(e) Limitation. If the reclamation contractor extracts coal
beyond the limits of the incidental coal specified in paragraph
(b)(1) of this section, the contractor must obtain a permit under
47-401 et. seq. and K.A.R. 47-1-1 et. seq. for such coal.
III. Public Comment Procedures
We are reopening the comment period on the Kansas program amendment
to provide you an opportunity to reconsider the adequacy of the
amendment. Under the provisions of 30 CFR 732.17(h) and 884.15(a), we
are requesting comments on whether the amendment satisfies the program
approval criteria of 30 CFR 732.15 and 884.14. If we approve the
amendment, it will become part of the Kansas program.
Written Comments
If you submit written or electronic comments on the proposed rule
during the 15-day comment period, they should be specific, should be
confined to issues pertinent to the notice, and should explain the
reason for your recommendation(s). We may not be able to consider or
include in the Administrative Record comments delivered to an address
other than the one listed above (see ADDRESSES).
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: KS-023-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 Mid-Continent Regional
Coordinating Center at (618) 463-6460.
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.
IV. Procedural Determinations
Executive Order 12630--Takings
In this rule, the State is proposing valid existing rights
standards that are similar to the standards in the Federal definition
at 30 CFR 761.5. Therefore, this rule has the same takings implications
as the Federal valid existing rights rule. The takings implications
assessment for the Federal valid existing rights rule appears in part
XXIX.E of the preamble to that rule. See 64 FR 70766, 70822-27,
December 17, 1999. The provisions in the rule based on other
counterpart Federal regulations do not have takings implications. This
determination is based on the analysis performed for the counterpart
Federal regulations.
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) 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. These standards are also not
applicable to the actual language of State and tribal abandoned mine
land reclamation plans and plan amendments because each plan is drafted
and promulgated by a specific State or tribe, not by OSM. Decisions on
proposed abandoned mine land reclamation plans and plan amendments
submitted by a State or tribe are based solely on a determination of
whether the submittal meets the requirements of title IV of SMCRA (30
U.S.C. 1231-1243) and 30 CFR part 884 of the Federal regulations.
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. Section 405(d)
of SMCRA requires State abandoned mine reclamation programs to be in
compliance with the procedures, guidelines, and requirements
established under 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). Also agency decisions on proposed State and tribal
abandoned mine land reclamation plans and plan amendments are
categorically excluded from compliance with the National Environmental
Policy Act (42 U.S.C. 4332) by the Manual of the Department
[[Page 2268]]
of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).
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 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 15, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 03-974 Filed 1-15-03; 8:45 am]
BILLING CODE 4310-05-P