Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44899

[FR Doc. 97–22413 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[ND–036–FOR, Amendment No. XXIV]

North Dakota Regulatory Program

AGENCY: The Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

North Dakota regulatory program

(hereinafter, the ‘‘North Dakota

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). North Dakota proposed

deletions of statutes pertaining to the

North Dakota Reclamation Research

Advisory Committee. The amendment

revised the North Dakota program to

improve operational efficiency.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Casper Field Office Director,

Telephone: (307) 261–6550, Internet

address:

GPADGETT@CWYGW.OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the North Dakota program

can be found in the December 15, 1980,

Federal Register (45 FR 82214).

Subsequent actions concerning North

Dakota’s program and program

amendments can be found at 30 CFR

934.15, 934.16, and 934.30.

II. Proposed Amendment

By letter dated May 2, 1997, North

Dakota submitted a proposed

amendment to its program (amendment

No. XXIV, administrative record No.

ND–Y–01) pursuant to SMCRA (30

U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment at

its own initiative. The provisions of the

North Dakota Century Code (NDCC) that

North Dakota proposed to delete were:

NDCC 38–14.1–04.1, Reclamation

Research Advisory Committee; NDCC

38–14.1–04.2, advisory committee

responsibilities; and NDCC 38–14.1–

04.3, reclamation research objectives.

OSM announced receipt of the

proposed amendment in the June 5,

1997, Federal Register (62 FR 30800),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. ND–Y–06). Because no one

requested a public hearing or meeting,

none was held. The public comment

period ended on July 7, 1997.

III. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA and 30 CFR

732.15 and 732.17, finds that the

proposed program amendment

submitted by North Dakota on May 2,

1997, is not inconsistent with SMCRA.

Accordingly, the Director approves the

proposed amendment.

NDCC 38–14.1–04.1, 2, and 3,

Reclamation Research Advisory

Committee; Advisory Committee

Responsibilities; Reclamation Research

Objectives

These actions established the

Reclamation Research Advisory

Committee, enumerated its

responsibilities, and listed its objectives.

As stated in the narrative that

accompanied this State Program

Amendment, the Committee was set up

to review and inventory reclamation

research projects that have been

conducted in North Dakota, and to

review and recommend proposed

research projects that would be funded

and administrated by the Public Service

Commission. Through the Committee,

the Public Service Commission has

carried out the reviews and inventories

of reclamation research projects that

have been carried out in North Dakota.

With the closing of the North Dakota

State University’s Land Reclamation

Research Center in Mandan and with

very few other active reclamation

research projects in the state, there is no

longer a need for updating this

inventory in the future. In addition,

except for a few abandoned mined land

research projects that were completed

with Federal funds, no funds have been

available to the Commission for carrying

out reclamation research and no funds

are anticipated for Commission funded

reclamation research in the future. Since

there is no longer a need for the

committee, the North Dakota Legislative

voted, and the Governor signed,

legislation to repeal the provisions

establishing it. Since the provisions

concerning the Reclamation Research

Advisory Committee have no

counterpart in SMCRA, repealing the

provisions is not inconsistent with

SMCRA.

IV. Summary and Disposition of

Comments

Following are summaries of all

written comments on the proposed

amendment that were received by OSM,

and OSM’s responses to them.

1. Public Comments

OSM invited public comments on the

proposed amendment, but none were

received.

2. Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the North Dakota

program.

The U.S. Fish and Wildlife Service

responded on June 25, 1997, that it

believed the proposed changes by North

Dakota are logical and reasonable

(administrative record No. ND–Y–02).

The U.S. Army Corps of Engineers

responded on June 24, 1997, that it

concurs with the elimination of the

committee (administrative record

number ND–Y–04).

3. Environmental Protection Agency

(EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments from EPA

(administrative record No. ND–Y–05). It

responded June 26, 1997, with a ‘‘no

comment’’ letter (administrative record

No. ND–Y–03).

4. State Historic Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

solicited comments on the proposed

amendment from the SHPO and ACHP

(administrative record No. ND–Y–05).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above finding, the

Director approves North Dakota’s

proposed amendment as submitted on

May 2, 1997. The Director approves, as

discussed in the Director’s Finding

Section, deletion of NDCC 38–14.1–

04.1, Reclamation Research Advisory

Committee; NDCC 38–14.1–04.2,

Advisory Committee Responsibilities;

and NDCC 38–14.1–04.3, Reclamation

Research Objectives.

The Federal regulations at 30 CFR

Part 934, codifying decisions concerning

the North Dakota program, are being
44900 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) 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

since each such 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.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed States 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)).

4. 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.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined 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

that 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.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. 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.

6. Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining.

Dated: August 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, title 30, chapter VII,

subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 934—NORTH DAKOTA

1. The authority citation for part 934

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 934.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 934.15 Approval of North Dakota

regulatory program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

May 2, 1997 ........................ August 25, 1997 ................. NDCC 38–14.1–04.1, .2, .3

[FR Doc. 97–22416 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[FRL–5880–9]

RIN 2060–AG70

Air Quality: Revision to Definition of

Volatile Organic Compounds—

Exclusion of 16 Compounds

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action revises EPA’s

definition of volatile organic

compounds (VOC) for purposes of

preparing State implementation plans

(SIP’s) to attain the national ambient air

quality standards (NAAQS) for ozone

under title I of the Clean Air Act (Act)

and for any Federal implementation

plan (FIP) for an ozone nonattainment

area. This revision would add 16

compounds (shown in Table 2) to the

list of compounds excluded from the

definition of VOC on the basis that these

compounds have negligible contribution

to tropospheric ozone formation. These

compounds have potential for use as

refrigerants, aerosol propellants, fire

extinguishants, blowing agents and

solvents.

DATES: This rule is effective September

24, 1997.

ADDRESSES: The EPA has established a

public docket for this action, A–96–36,

which is available for public inspection

and copying between 8 a.m. and 4 p.m.,

Monday through Friday, at EPA’s Air

and Radiation Docket and Information

Center (6102), 401 M Street, SW.,

Washington, DC 20460. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT:

William Johnson, Office of Air Quality

Planning and Standards, Air Quality

Strategies and Standards Division (MD–

15), Research Triangle Park, NC 27711,

phone (919) 541–5245.

SUPPLEMENTARY INFORMATION: Regulated

entities. Entities potentially regulated by