30 C.F.R. § 917.16   Required regulatory program amendments.


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 917—KENTUCKY

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§ 917.16   Required regulatory program amendments.

(a)–(b) [Reserved]

(c) Pursuant to 30 CFR 732.17, Kentucky is required, prior to implementation of the following statutory amendments, to submit to the Director proposed regulations to implement the amendments, and to receive the Director's approval of the regulations:

(1)–(3) [Reserved]

(d) Pursuant to 30 CFR 732.17, Kentucky is required to submit for OSM's approval the following proposed amendments by the dates specified:

(1)–(4) [Reserved]

(5) By January 30, 1991, Kentucky shall submit a proposed amendment to 405 KAR 20.060 section 3(3)(b) or otherwise propose to amend its program to clarify that the total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and to require the appropriate state environmental agency to approve the plan.

(e) By March 23, 1992, Kentucky shall amend its rules at 405 KAR 8:010 section 13(4)(c) to include violations of Federal regulatory programs and other State regulatory programs, not just violations of KRS chapter 350 and regulations adopted pursuant thereto.

(f)–(g) [Reserved]

(h) By June 14, 1993, Kentucky shall amend its rules at 405 KAR 8:010 section 20(6)(h) by including OSM as one of the parties to be notified of the cabinet's decision to approve or deny the application for an operator change and to require that the regulatory authority be notified when the approved change is consummated.

(i)–(m) [Reserved]

(n) By October 5, 1998, Kentucky shall amend the Kentucky program, or provide a written description of an amendment together with a timetable for enactment which is consistent with established administrative or legislative procedures in the State, to delete the term “haul roads” at sections 1(7)(b) of 405 KAR 16:200 and 18:200.

(o) [Reserved]

[50 FR 23687, June 5, 1985, as amended at 52 FR 7136, Mar. 9, 1987; 55 FR 13133, Apr. 9, 1990; 55 FR 53510, Dec. 31, 1990; 56 FR 47911, Sept. 23, 1991; 57 FR 45307, Oct. 1, 1992; 58 FR 3838, Jan. 12, 1993; 58 FR 32291, June 9, 1993; 58 FR 42012, Aug. 6, 1993; 59 FR 27238, May 26, 1994; 60 FR 33115, June 27, 1995; 61 FR 66224, Dec. 17, 1996; 63 FR 40827, July 31, 1998; 63 FR 41427, Aug. 4, 1998; 65 FR 29953, May 10, 2000; 67 FR 5213, Feb. 5, 2002; 67 FR 39292, June 7, 2002; 68 FR 2201, Jan. 16, 2003; 68 FR 41913, July 16, 2003; 68 FR 42274, 42277, July 17, 2003; 68 FR 75425, Dec. 31, 2003; 69 FR 48787, Aug. 11, 2004; 70 FR 22797, May 3, 2005]

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