REV94402 - Laserfiche WebLink

Home Browse Search

III IIIIIIIIIIIIIIII y ~~ ~~~~~~ ~~ 999 ~- Federal Register J Yal. 50. No. 73 /Tuesday, April 1& 1991 /Rules and Regulations 15279 Methyl oxirane polymer with oxilme. ether with 1.2,3-propanetrial (CAS Aeg. No. 9682-06.2). (bJ~... rat d sutruroes tim~aeon Tetrsks [nra+rMns~2 • d~trF Staeiltrer. ~4 hrdrmytrydtotiesrm W 1lnwerns tcu as r1a~ sees-teat. Dated: April 9. 1991. Gary 1)yluaa. Acting Asaotinte Coarmissiener for ltegulotagAJjuire. [FR Doc m-E919 Piled 4-IS-91; e:95 amJ tw.tras coax sioae>.a DEPARTMENT OF THE INTERIOR Office o! Surface ttAlnlnp Raelaraatlon end En}orcetrtent . 30 CfA Part 917 Kentucky Reptdalory Progrart5 Proeedursa, CAterla and Setrsduie for Relaan of Performance Bald AGENCY. Office of Surface Mining Recamatloa and Enforcement (OSM). Interior. m. D'vectoi • Findio~. N. Summary and Dieposidon of Comment. V. Diteciar's Dedsioa. VL Procedural Determinations. L Badcgrotmd os the Kentucky Program The Set>•etary or the Interior conditionally approved the Kentvdy Segulatory program effective May 18. 1lt821aformetion pertinent to the general backgrotmd end revision to the permanent proginm sabmieeion, es well ea the Secretarlfs fiadittgs, the dispositlon of comment and a deta~ed explanation of the condltione of approval can be found in the May 1& 1902, Faderel Register (47 FR 21401). Subsequent actions contenting the condition of approval and program amendment are identified at 30 CFR 917.11, 30 CFR 917.13, 30 CFR 917.15, 30 CFR 917.16 and 30 CFR 917.17. IL Sub~+~'+:5~. of the Amendment Hy letter dated January 9,1991, (Administrative Record Number KY- 1020), Kentucky submitted a program emeadmeat to OSM containing a proposed rbange to 405 KAR 10:610 section 2(4J(bJ1. OSM announced receipt of the proposed amendment in the February 5, 1991. Federal Regiatar (SB FR 4580-i591J, end in the same notice. opened the public comment period and provided opportunity for a public hearing on the adequacy of the proposed amendment The public comment period ended on Marro 7, 1991. (e) after revegettion has hem ntbtiahed on the regraded mined lands in eword~ with the approved redastation plan. Whm det.rm 9, the amount of band to bs released after successful revegetation has been established the regulatory authority shall relit. that amount of band for the revegetated area whirb would ba suBoeat for a third party to rover the wet of reeetblishutg revegettlon and for the period epecited for operator responaibiliry in sectim 515 of reestblishing revegettioa This language indicates that Congress intended to allow partial band release after revegetation has been auccesafolly established, but before the final determination or demonstration of revegetation suttees ie made. Otherwise, there would be litile pttrpose in requiring retention of that amount of bond necessary to reestablish revegetatioa or is providing for this phase of bond release, which would likely differ little is timing from fatal bond release. ~ other wards, in recognition o[ the progressive nature of vegetative stand development Congress antlcipeted the establishment o[ two differing standards for revegetation success. one for Phase II bond release following successful establishment of the htitial pleating and one for final bond release upon expiration a! the revegetation responsibility period. As revised an July 19, 1983. Ne Federal rule et 30 CFR 800.40{cJ implementing this statutory provision essentially repeats the statutory language. OSM holds that except for prime farmlands, attainment of the success standards of 30 CFR 818.118 and 817.116 is a prerequisite only for final band releeee. ()(rjthn ctr(~a aer h fed t Set forth below pureuant to SMCRA and the Federal regulation at 30 CFR 73215 end 732.17, are the Du~clnr a findings rnncerning the proposed amendment to the Kentudry Program. 4Qi 1CAR IO.~D90 Section 2(4J(bJ1 The amendment will. except on prime farmlands, exclude productivity standards from the revegetatica suxesa eta~ards which moat be met to qualify for Phase II bond release. This chanspe is ~eZtion 519(cJ of S.ti1l3tA establishes a phased schedule for band release. Paragraph (el(2J of this section provides that a portion of :he bond may be released: ~'1-lowever. as elated above. OSM through policy has defined successful revegetatioa with respect to Phase Q bond release. The Kentucky amendment meets OSM's policy. The regulation specifically states that for Phase Q bond release to occur, revegetation must be established in accordance with the approved reclamailoo plan. Kentucky has also indicated, b its January 9. 1991 BubR4991en. th@t "[OJthe! applicable standards each as ground cover will ArnoN: Final rule: approval of ~, Director's FhSdm amendment ~ suYtaAnr. OSM is announcing the approval of a proposed amendment to the Kentucky regulatory program (hereinafter referred to ea the Keattttlq~ program) under the Surface Mmiag Control and Reclamation Act of 1977 (SMCRAJ. The amendment cenaista o[ a proposed modification to Kentuckry Administrative Regdations (KAR) at 40.5 KAR 10:040. We regulatioro goraming Kentucky's perfonmace hood release. The modification wW, except For prime [ermlands. extrude txtmpletlna of productivity standards from the revegetation success etanderda that must be met to qualify for Phase II bond release. EFFErnYE DATE: April 18.1991. r=oe FtSxrNOt awawnoN eoNTAt:r. William Kovacie, Director, Lexfrtgtoa Field Office. Office of Surface Mulfng Reclamation ertd Enforcement 340 Legion Drive. suite 2& Isxingtan. Kentucky 40504, Telephone (HOB) 233- 7327. , strtept EsrvrrAnr tNFOtraunotc 1. Beckgroand on the Kevtucky Program. Q. Submieston of the Amendment.