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Kentucky Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Proposed Rules]
[Page 57398-57400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-30]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-245-FOR]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We are announcing the proposed removal of a required amendment
to the Kentucky regulatory program (The ``Kentucky program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or ``the
Act''). We are seeking comments on whether a policy letter received
from the State meets the requirements of the required amendment,
thereby eliminating the need for a change in the Kentucky program.
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 p.m.,
e.s.t. November 3, 2003. If requested, we will hold a public hearing on
the amendment on October 28, 2003. We will accept requests to speak at
a hearing until 4 p.m., e.s.t. on October 20, 2003.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Mr. William J. Kovacic at the
address listed below.
You may review copies of the Kentucky program, 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.
William J. Kovacic, Director, 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.
Carl E. Campbell, Commissioner, Natural Resources and Environmental
Protection Cabinet, Department for 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
21434). 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.
II. Description of the Proposed Amendment
The required amendment at 30 CFR 917.16(k) reads as follows:
By October 1, 1993, Kentucky shall submit to OSM either proposed
amendments or a schedule for the submission of proposed amendments
to Kentucky Administrative Regulations to require that the
assessment conference officer's report mentioned in 405 KAR 7:092
section 4(5) be served in a manner consistent with 405 KAR 7.091
section 5, and to specify that the time allowed under 405 KAR 7:092
section 6(1)(b) to file a petition for administrative review of the
proposed penalty set forth in the conference officer's report does
not begin to run until service is obtained in this manner.
On April 3, 2003 (Administrative Record No. KY 1576), we received a
letter from the Office of Administrative Hearings, Kentucky Natural
Resources and Environmental Protection Cabinet, requesting that its
policy of requiring all conference officers' reports be sent by
certified mail be considered by us as fulfilling the requirements of
the above-mentioned amendment. Included in its letter was a copy of a
memorandum, dated April 2, 2002 (Administrative Record No. KY-1576),
sent to the Hearing Officer and Assessment Conference Officer which
reminded it of this requirement and its relationship to the Federal
provisions for service of penalty assessment reports (Administrative
Record No. KY-1576).
We are thus seeking public comment on whether Kentucky's policy as
described meets the terms of the required amendment.
III. Public Comment Procedures
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: SATS No. KY-245-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
[[Page 57399]]
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. on
October 20, 2003. 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 (OMB) 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.
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 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
This proposed rule applies only to the Kentucky program and therefore
does not affect tribal programs.
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
[[Page 57400]]
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: September 18, 2003.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 03-25055 Filed 10-2-03; 8:45 am]
BILLING CODE 4310-05-P