Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Proposed Rules 46933

(8) The number of full-time staff of the

NRC devoted to processing requests

under the FOIA and the total amount

expended for processing these requests.

(b) The NRC will make a copy of each

report available to the public on the

NRC homepage on the Internet that can

be accessed at: http\\www.nrc.gov. A

copy will also be available for public

inspection and copying in the NRC

Public Document Room.

Dated at Rockville, Maryland, this 19th day

of August, 1997.

For the Nuclear Regulatory Commission.

Arnold E. Levin

Arnold E. Levin, Acting Chief Information

Officer.

[FR Doc. 97–23612 Filed 9–4–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–215–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.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Kentucky

regulatory program (hereinafter the

‘‘Kentucky program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to the

Kentucky regulations pertaining to

subsidence, water replacement,

impoundments, definitions, subsidence

control, sedimentation ponds,

hydrology, and permits. The

amendment is intended to revise the

Kentucky program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4 p.m., [E.D.T.], October 6,

1997. If requested, a public hearing on

the proposed amendment will be held

on September 30, 1997. Requests to

speak at the hearing must be received by

4 p.m., [E.D.T.], on September 22, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to William

J. Kovacic, Director, at the address listed

below.

Copies of the Kentucky program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Lexington Field Office.

William J. Kovacic, Director, Lexington

Field Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Road, Lexington, Kentucky

40503, Telephone: (606) 233–2896.

Department of Surface Mining

Reclamation and Enforcement, 2

Hudson Hollow Complex, Frankfurt,

Kentucky 40601, Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. Background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 18, 1982 Federal Register (47

FR 21404). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 917.11, 917.13, 917.15,

917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated July 30, 1997

(Administrative Record No. KY–1410),

Kentucky submitted a proposed

amendment to its program revising

section 405 of the Kentucky

Administrative Regulations (KAR) at

8:001, 8:030, 8:040, 16:001, 16:060,

16:090, 16:100, 16:160, 18:001, 18:060,

18:090, 18:100, 18:160, and 18:210.

Specifically, Kentucky proposes to

make the following changes. At section

8:001—Definitions (405 KAR Chapter 8),

Kentucky is defining the following

terms:

Community of Institutional Building

means any structure, other than a public

building or occupied dwelling, which is

used primarily for meetings, gatherings,

or functions of local civic organizations

or other community groups; functions as

an educational, cultural, historic,

religious, scientific, correctional, mental

health or physical health care facility; or

is used for public services including,

but not limited to, water supply, power

generation, or sewage treatment.

Impounding Structure means a dam,

embankment, or other structure used to

impound water, slurry, or other liquid

or semi-liquid material.

Impoundment means a water,

sediment, slurry, or other liquid or

semi-liquid holding structure or

depression, either naturally formed or

artificially built.

Material Damage means (a) any

functional impairment of surface lands,

features, structures or facilities: (b) any

physical change that has a significant

adverse impact on the affected land’s

capability to support any current or

reasonably foreseeable uses of causes

significant loss in production or income;

or (c) any significant change in the

condition, appearance, or utility of any

structure or facility from its presubsidence condition.

Noncommercial Building means any

building, other than an occupied

residential dwelling, that at the time

subsidence occurs, is used on a regular

or temporary basis as a public building

or community or institutional building.

Any building used only for commercial,

agricultural, industrial, retail, or other

commercial enterprises is excluded.

Occupied Residential Dwelling and

Structures Related Thereto means any

building or other structure, that at the

time the subsidence occurs, is used

either temporarily, occasionally,

seasonally, or permanently for human

habitation. This term also includes any

building, structure, or facility installed

on, above or below, or a combination

thereof, the land surface if that building,

structure, or facility is adjunct to or

used in connection with an occupied

residential dwelling.

Previously Mined Area means land

that was affected by coal mining

operations conducted prior to August 3,

1977, that has not been reclaimed to

prescribed standards.

At section 8:030—Surface Coal

Mining Permits, Kentucky is making the

following changes. At subsection 16,

Kentucky is requiring that a permit

application identify and describe certain

alternative water supply information if

the determination of probable

hydrologic consequences results in

certain indications. At subsection

32(3)(e), Kentucky is requiring that a

determination of probable hydrologic

consequences include a finding on

whether the proposed surface mining

activities may proximately result in

contamination, diminution, or

interruption of an underground or

surface source of water that is used for

domestic, agricultural, industrial, or

other legitimate use within the permit
46934 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Proposed Rules

area or adjacent areas at the time the

application is submitted. At subsection

34(2), Kentucky is deleting the

requirement that sedimentation ponds

or earthen structures which will remain

on the proposed permit area as a

permanent water impoundment be

designed to comply with the

requirements of 405 KAR 16:100. Also

deleted is the requirement that plans

comply with Mine Safety and Health

Administration (MSHA) requirements.

At subsection 34(3)—Permanent and

Temporary Impoundments, Kentucky is

defining the criteria for plans for

impoundments meeting the size or other

criteria of MSHA, 30 CFR 77.216(a). The

plan is to be submitted to the Kentucky

Natural Resources and Environmental

Protection Cabinet (Cabinet) for

approval as part of the permit

application. At subsection 34(4), the

term ‘‘coal processing waste banks’’ is

changed to ‘‘coal mine waste banks.’’ At

subsection 34(5)—Coal Mine Waste

Dams and Embankments, Kentucky is

requiring that plans for impounding

structures be submitted to the Cabinet as

part of the permit application. At

subsection 34(6), Kentucky is specifying

the plan requirements for Class B—

moderate hazard structures, Class C—

high hazard structures, and those

structures meeting the size or other

criteria of MSHA, 30 CFR 77.216(a).

At section 8:040—Underground Coal

mining Permits, Kentucky is proposing

the following revisions. At subsection

16, Kentucky is requiring that if the

probable hydrologic consequences

determination indicates that the

proposed underground mining activities

may proximately result in

contamination, diminution, or

interruption of an underground or

surface source of water within the

proposed permit area or adjacent area

which is used for domestic, agricultural,

industrial, or other legitimate use, the

application must identify and describe

the adequacy and suitability of the

alternative sources of water supply that

could be developed for existing

premining uses and approved

postmining land uses.

At subsection 26, Kentucky is

requiring that a permit application

contain certain information pertaining

to subsidence control. In general terms,

the application must contain a map

showing the land, structures, and water

supplies that may be adversely affected

by subsidence. The application must

also include a narrative indicating

whether subsidence, if it occurred,

could cause material damage or other

specified adverse affects. The

application must also include an

example of a presubsidence survey

notification letter to the owners of all

water supplies and structures. A

subsidence control plan must be

submitted if certain conditions are

present. The subsidence plan must

include certain descriptions and maps

which detail the degree of subsidence

and subsidence control measures to be

implemented, along with other related

information Kentucky deems necessary.

At subsection 32(1)(e), Kentucky is

requiring the permit applications

contain a determination that includes a

finding on whether the proposed

underground mining activities

conducted after July 16, 1994, may be

proximately result in contamination,

diminution, or interruption of an

underground or surface source of water

that is used for domestic, agricultural,

industrial, or other legitimate use within

the permit area or adjacent areas at the

time the application is submitted.

At subsections 34(2)–(6), Kentucky is

making the same revisions described at

the corresponding subsections for

surface mines at section 8:030 above.

At section 16:001—Definitions (405

KAR Chapter 16), Kentucky is making

the following changes. The definitions

of ‘‘Impounding Structure,’’

‘‘Impoundment,’’ and ‘‘Previously

Mined Area’’ are identical to those

described at section 8:001 above. The

term ‘‘Other Treatment Facilities’’ is

revised to mean any chemical

treatments such as flocculation or

neutralization, or mechanical structures

such as clarifiers or precipitators, that

have a point source discharge and are

utilized to prevent additional

contributions of dissolved or suspended

solids to streamflow runoff outside the

permit area or to comply with 405 KAR

16:070.

At section 16:060—Hydrologic

Requirements, Kentucky is making the

following changes. At subsection 8(1),

Kentucky is requiring that the operator

promptly replace the water supply as

described. In addition to the baseline

information required by the regulations,

other relevant information available to

the Cabinet will be used to determined

the impact of mining activities upon the

water supply.

At subsection 8(2), Kentucky specifies

the permittee’s obligations if

replacement of a water supply is

required. If the water supply to be

replaced is a domestic supply, the

permittee must provide water supply on

both a temporary and permanent basis

according to the specified conditions. If

the water supply to be replaced is other

than a domestic supply, the permittee

must provide water supply on both a

temporary and permanent basis on a

schedule established by the Cabinet on

a case by case basis according to

specified standards and pay certain

operation and maintenance costs.

At subsection 8(3), Kentucky specifies

the conditions for providing a suitable

alternative water source. At subsection

8(4), Kentucky specifies the permittee’s

obligation to obtain an additional

performance bond and the Cabinet’s

obligation to release the additional

amount if the permittee has

satisfactorily completed the required

water replacement.

At section 16:090—Sedimentation

Ponds, Kentucky is making the

following changes. At subsection 1,

Kentucky specifies the general design,

construction, and certification

requirements for sedimentation ponds.

At subsection 2, Kentucky is requiring

that the plan for clean-out operations

include a time schedule or clean-out

elevations, or a combination, that shall

provide periodic sediment removal

sufficient to maintain adequate volume

for the sediment to be collected during

the design precipitation event. At

subsection 3, Kentucky is requiring that

sedimentation ponds be designed,

constructed, and maintained to contain

and treat the runoff from 10 and 24 hour

precipitation events according to certain

specifications. At subsection 5,

Kentucky is requiring that sediment be

removed from sedimentation ponds in

accordance with the approved clean-out

plan. Spillways shall be provided in

accordance with 405 KAR 16:100.

Requirements that appear elsewhere in

Kentucky’s regulations have been

deleted.

At section 16:100—Permanent and

Temporary Impoundments, Kentucky is

making the following changes. At

subsection 1(3), Kentucky is requiring

that all Class B and C impoundments

have a minimum static safety factor of

1.5 for the normal pool and a seismic

safety factor of at least 1.2.

Impoundments not included above,

except coal mine waste impoundments,

shall have a minimum static safety

factor of 1.3 for the normal pool with

steady state seepage saturation

conditions.

At subsection 1(5), Kentucky is

requiring that foundation investigations

be performed for all Class B and C

impoundments. At subsection 1(6),

Kentucky permits the use of a 24 hour

duration in lieu of 6 hours of a design

precipitation event specified in this

subsection. Class A structures that do

not meet MSHA criteria shall pass a 25

year, 6 hour precipitation event if it is

a temporary structure, or a 50 year, 6

hour precipitation event if it is a

permanent structure. Class A structures
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Proposed Rules 46935

meeting MSHA criteria shall pass a 100

year, 6 hour precipitation event.

At subsection 1(9)(c), Kentucky is

providing an exemption for

impoundments with no embankment

structure, that is completely incised, or

is created by a depression left by

backfilling and grading, that is not a

sedimentation pond or coal mine waste

impoundment and is not otherwise

intended to facilitate active mining,

unless the Cabinet determines that

engineering inspection and certification

are necessary.

At subsection 1(10)(a), Kentucky is

requiring that Class B and C

impoundments be examined in

accordance with 30 CFR 77.216–3. At

subsection 1(10)(b), Kentucky is

exempting impoundments with no

embankment structure, that is

completely incised, or is created by a

depression left by backfilling and

grading from periodic examination

requirements.

At section 16:160—Coal Mine Waste

Dams and Impoundments, Kentucky is

making the following changes. At

subsection 1(3), Kentucky is prohibiting

the permanent retention as part of the

approved postmining land use of

impounding structures constructed of

coal mine waste or intended to impound

coal mine waste. At subsection 2(2),

Kentucky is allowing the use of 24

hours instead of 6 hours for the duration

of the 100 year design precipitation

event. At subsection 3(1)(a), Kentucky is

requiring that an impounding structure

constructed of coal mine waste or

intended to impound coal mine waste

that meets the criteria of 30 CFR

77.216(a) has sufficient spilway capacity

to safely pass, adequate storage capacity

to safely contain, or a combination, to

safely control the probable maximum

precipitation of a 6 hour event, unless

the Cabinet requires a longer duration.

At subsection 3(1)(b), Kentucky is

requiring that an impounding structure

with a drainage area of 10 square miles

or less that does not have an open

channel emergency spillway have a

closed conduit principal spillway that

meets the requirements of this

paragraph. The impounding structure

must have sufficient storage capacity

available to store the entire runoff from

the probable maximum precipitation

event while maintaining the required

freeboard against overtopping,

disregarding flow through the principal

spillway. Other spillway and conduit

specifications are provided. At

subsection 4, Kentucky is requiring that

for a dam or impoundment constructed

of or impounding coal mine waste, at

least 90% of the water stored during the

design precipitation event must be

removed within the 10 day period

following the design precipitation event.

At section 18:001—Definitions (KAR

Chapter 18), Kentucky is making the

following changes. The definitions of

‘‘Community or Institutional Building,’’

‘‘Impounding Structure,’’

‘‘Impoundment,’’ ‘‘Material Damage,’’

‘‘Noncommercial Building,’’ ‘‘Occupied

Residential Dwelling and Structures

Related Thereto,’’ and ‘‘Previously

Mined Area’’ are identical to those

described at section 8:001 above. The

definition of ‘‘Other Treatment

Facilities’’ is identical to that described

in section 16:001 above. The term

‘‘Angle of Draw’’ is revised to mean the

angle of inclination between the vertical

at the edge of the underground mine

workings and the point of zero vertical

displacement at the edge of a

subsidence trough.

At section 18:060—Hydrologic

Requirements, Kentucky’s revisions to

subsections 12 (1)–(4) are identical to

those at 16:060 subsections 8 (1)–(4)

described above.

At section 18:090—Sedimentation

Ponds, Kentucky’s revisions are

identical to those at 16:090 described

above.

At section 18:100—Permanent and

Temporary Impoundments, Kentucky’s

revisions are identical to those at 16:100

described above.

At section 18:060—Hydrologic

Requirements, Kentucky is adding

subsection 12(1). The provisions are

identical to the regulations at 16:060

subsection 8(1) described above.

Kentucky’s revisions to subsections 12

(2)–(4) are identical to those at 16:060

subsections (2)–(4).

At section 18:160—Coal Mine Waste

Dams and Impoundments, Kentucky’s

revisions are identical to those at 16:160

described above.

At section 18:210—Subsidence

Control, Kentucky is proposing the

following changes. At subsection 1,

Kentucky specifies the general

requirements a permittee must comply

with. The permittee must either adopt

measures consistent with known

technology that prevent subsidence

from causing material damage to the

extent technologically and economically

feasible, maximize mine stability, and

maintain the value the reasonably

foreseeable use of surface lands or adopt

mining technology that provides for

planned subsidence in a predictable and

controlled manner. If a permittee

employs mining technology that

provides for planned subsidence in a

predictable and controlled manner, the

permittee shall take necessary and

prudent measures, consistent with the

mining method employed to minimize

material damage to the extent

technologically and economically

feasible to noncommercial buildings

and occupied residential dwellings and

related structures. The measures are not

required if the permittee has the written

consent of their owners or the

anticipated damage would constitute a

threat to health or safety, the costs of the

measures exceed the anticipated costs of

repair. The permittee is required to

conduct a presubsidence survey of

structures and water supplies. The

permittee must pay for any technical

assessment or engineering evaluation

and must provide copies of the survey

and assessments to the property owner

and Cabinet. The owner’s or

representative’s name must be included

in the report if he or she is present at

the time of the survey or assessment. If

the owner disagrees with the results of

the survey, he or she may submit in

writing to the Cabinet a description of

the areas of disagreement. Underground

operations shall not be conducted

within 1,500 feet horizontally of a

structure or water supply for which a

survey is required, with certain

exceptions.

At subsection 2, Kentucky is requiring

that the permittee mail a notification to

all owners and occupants of surface

property and structures within the area

above the underground workings. The

notification shall include dates that

specific areas will be undermined and

the location or locations where the

permittee’s subsidence control plan may

be examined.

At subsection 3, Kentucky is requiring

the permittee to correct any material

damage resulting from subsidence

caused to surface lands, to the extent

technologically and economically

feasible, by restoring the land to a

condition capable of maintaining the

value and reasonably foreseeable uses

that it was capable of supporting before

subsidence damage. The permittee must

promptly repair, or compensate the

owner for, material damage resulting

from subsidence caused to any

noncommercial building or occupied

residential dwelling or related structure

that existed at the time of mining. For

other structures, the permittee must

repair the damage or compensate the

owner for the full amount of the

decrease in value resulting from the

subsidence. A rebuttable presumption

exists that the permittee caused the

damage if damage to any

noncommercial building or occupied

residential dwelling occurs a result of

earth movement within an area

determined by projecting a specified

angle of draw from the outermost

boundary of any underground mine
46936 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Proposed Rules

workings to the surface of the land. A

permittee may request that the

presumption apply to an angle of draw

different from that established above.

No presumption where access for

presubsidence survey is denied. All

relevant and reasonably available

information shall be considered by the

Cabinet. If subsidence-related material

damage to land, structures, or facilities

occurs, the Cabinet shall require the

permittee to obtain additional

performance bond in the amount of the

estimated cost of the repairs if the

permittee will be repairing, or in the

amount of the decrease in value if the

permittee will be compensating the

owner, until the repair or compensation

is completed. Certain exceptions and

conditions apply. The additional bond

amount may be reduced by the amount

of the insurance coverage a permittee

has applicable to subsidence damage.

The additional bond amount may be

released if the permittee has

satisfactorily completed the required

repair of compensation.

At subsection 4, Kentucky is

prohibiting underground mining

activities beneath or adjacent to public

buildings and facilities, churches,

schools, and hospitals, or

impoundments with a storage capacity

of 20 acre-feet or more or bodies of

water with a volume of 20 acre-feet or

more. Unless the subsidence control

plan demonstrates that subsidence will

not cause material damage to, or reduce

the reasonably foreseeable use of, the

features or facilities. If subsidence

causes material damage, the Cabinet

may suspend mining until the

subsidence plan is modified.

At subsection 5, Kentucky is requiring

that within 45 days after the first day of

January following each year in which

underground mining activities are

conducted, and at any other time upon

written request by the Cabinet, the

permittee shall submit two copies of a

detailed plan of the existing and

proposed underground workings.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Kentucky program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Lexington Field Office

will not necessarily be considered in the

final rulemaking or include in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4 p.m., (E.D.T.) on

September 22, 1997. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to speak at the public

hearing, the hearing will not be held.

Filing of a written statement at the

time of the hearing is requested at it will

greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

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).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, 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 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.

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 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 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

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.

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.
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Proposed Rules 46937

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 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: August 27, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–23583 Filed 9–4–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9 and 86

[FRL–5881–4]

Proposed Amendments to the Test

Procedures for Heavy-Duty Engines,

and Light-Duty Vehicles and Trucks

and Proposed Amendments to the

Emission Standard Provisions for

Gaseous Fueled Vehicles and Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This notice proposes the

promulgation of amendments to several

sections of the heavy-duty engine test

procedure regulations in 40 CFR part 86.

These proposed changes are needed in

order to accommodate the use of new

testing equipment, to provide greater

flexibility in the type of testing

equipment used and to ensure uniform

calibration and use of the testing

equipment. The proposed amendments

will ensure the continued validity of

testing results and ensure that heavyduty engines are being exercised

appropriately over the test procedures.

This document also proposes to make

limited changes to the light-duty vehicle

and truck test procedure regulations and

the gaseous fuel emission standards in

40 CFR part 86. Because the Agency

views the provisions of this proposed

rulemaking as noncontroversial and

does not expect to receive adverse

comments, these provisions are also

being issued as a direct final rule in the

Final Rules section of this Federal

Register.

DATES: Comments on the regulations

proposed by this action must be

received on or before October 6, 1997 or

thirty days after the date of a public

hearing, if one is held. If no party

notifies EPA by October 6, 1997 that

adverse or critical comments will be

submitted on this proposal, no further

activity is contemplated in relation to

this proposed rule and the direct final

rule in the Final Rules section of this

Federal Register will automatically go

into effect on the date specified in that

rule. If adverse comments are timely

received on the direct final rule, the rule

will be withdrawn and all public

comment received on it will be

addressed in a subsequent final rule

based on the proposed rule. Because the

Agency will not institute a second

comment period on this proposed rule,

any parties interested in commenting

should do so during this comment

period.

The Agency will hold a public

hearing regarding these proposed

amendments if it receives a request to

testify at a hearing by October 6, 1997.

Members of the public should call the

contact person indicated below to notify

EPA of their interest in testifying at a

hearing. Interested parties may call the

contact person after October 6, 1997 to

determine whether and where the

hearing will be held.

ADDRESSES: Interested parties may

submit written comments in response to

this document (in duplicate, if possible)

to Public Docket A–96–07 at Air Docket

Section, U.S. Environmental Protection

Agency, First Floor, Waterside Mall,

Room M–1500, 401 M Street SW.,

Washington, DC 20460. A copy of the

comments should also be sent to the

contact person listed below.

Materials relevant to this document

have been placed in Docket No. A–96–

07 by EPA. The docket is located at the

above address and may be inspected

from 8:00 a.m. to 5:30 p.m. on

weekdays. EPA may charge a reasonable

fee for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr.

Jaime Paga ́n, U.S. EPA, Engine Programs

and Compliance Division, 2565

Plymouth Road, Ann Arbor, MI 48105.

Telephone (313) 668–4574.

SUPPLEMENTARY INFORMATION: EPA’s

Smoke Exhaust and Gaseous and

Particulate Exhaust Test Procedures for

certification and Selective Enforcement

Audit (SEA) provide a consistent

method for testing and obtaining

emissions data from heavy-duty

engines. This notice proposes the

promulgation of amendments to the test

procedures in order to accommodate the

use of new testing equipment and

clarify certain issues that have been

identified since these procedures were

first published.

Over the last few years, EPA and the

Engine Manufacturers Association

(EMA) have worked together to identify

the issues that needed revision or

clarification. During these interactions,

suggestions were made involving

specific changes to the test procedures.

In general, the technical amendments

proposed in this action fall into two

categories. First, many of the proposed

amendments are simply clarifications

that will help remove any potential

ambiguities or inconsistencies. Second,

another group of proposed amendments

take into account testing equipment

and/or engine technology that was not

as widely used when the rule was first

written.

The proposed changes to the Smoke

Exhaust Test Procedure include

clarifications regarding the operation of

the dynamometer, accommodation of

additional test equipment and more

details on meter light sources to be

used. The test procedures for SEA

contain a new requirement that asks

manufacturers to decide, before the

initial cold cycle, whether they will

measure background particulate matter

(PM) or not. The amendments proposed

for the Gaseous and Particulate Test

Procedures cover the calibration

requirements of gas analyzers, the use of

accessory loads, conditions for use of

charge air cooling devices and the

permitted point deletions from

regression analysis.

Lastly, three proposed minor changes

to the Gaseous Fueled Vehicle Rule,

established in a September 21, 1994

notice (59 FR 48472), are made. The

regulatory text of that rule contained

several minor errors and areas where the

applicability of various standards to

gaseous-fueled vehicles was not clear in

the regulations, although all of the

applicability issues were discussed in

the preamble.

For further supplemental information,

the detailed rationale for this proposal,

and the regulatory revisions see the

information provided in the direct final

rule published in a separate part of this

Federal Register.

List of Subjects

40 CFR Part 9

Reporting and recordkeeping

requirements.

40 CFR Part 86

Environmental protection,

Administrative practice and procedures,

Air pollution control, Confidential

business information, Gasoline,

Incorporation by reference, Labeling,

Motor vehicles, Motor vehicle pollution,

Reporting and recordkeeping

requirements.