53232 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations

Par. 5. In § 602.101, paragraph (c) is

amended by adding an entry in

numerical order to the table to read as

follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where

identified and described

Current

OMB control No.

* * * * *

301.7623–1T ............................. 1545–1534

* * * * *

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

Approved: August 26, 1997.

Donald C. Lubick,

Acting Assistant Secretary of the Treasury.

[FR Doc. 97–26858 Filed 10–10–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–241; Amendment Number 74]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendments and removal of condition

of program approval.

SUMMARY: OSM is approving a proposed

amendment to the Ohio regulatory

program (hereinafter referred to as the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

section 1501:13–6–03 of the Ohio

Administrative Code (OAC) dealing

with the Small Operator Assistance

Program (SOAP). The amendment is

intended to revise the Ohio program to

be consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: October 14, 1997.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA 15220,

Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (47 FR 34688).

Subsequent actions concerning

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.15, and 935.16.

II. Submission of the Proposed

Amendment

By letter dated October 3, 1996,

(Administrative Record No. OH–2170–

00) Ohio submitted a proposed

amendment to its program regarding its

SOAP pursuant to SMCRA. Ohio

submitted the proposed amendment at

its own initiative. OSM announced

receipt of the proposed amendment in

the October 18, 1996, Federal Register

(61 FR 54373) and in the same

document opened the public comment

period and provided an opportunity for

a public hearing on the adequacy of the

proposed amendment. The public

comment period closed on November

18, 1996. At the time of announcement,

the proposed amendment was identified

as [OH–240; Amendment Number 74].

Please note that the amendment is now

identified as [OH–241; Amendment

Number 74]. However, certain crossreferences contained in the proposed

amendments were inadvertently omitted

or incorrect in that notice. These were

conveyed to Ohio in a document dated

April 14, 1997, Administrative Record

No. OH–2170–07. Also, Ohio submitted

corrections to its proposed amendments

in documents dated April 1, 1997 and

May 27, 1997 (Administrative Record

Nos. OH–2170–06, and OH–2170–08,

respectively). On June 24, 1997, Ohio

submitted its revisions in response to

the April 14, 1997 document

(Administrative Record No. OH–2170–

09). Therefore, OSM reopened the

public comment period on the proposed

amendments until August 4, 1997 as

published in the July 18, 1997 Federal

Register (62 FR 38509).

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment. The amendment proposes

numerous changes regarding both the

title of the division and references to

gender. Throughout the amendment,

due to a name change of the division of

reclamation, references to the ‘‘division

of reclamation’’ are changed to the

‘‘division of mines and reclamation’’

and references to ‘‘he’’ or ‘‘his’’ are

changed to ‘‘he or she’’ or ‘‘his or hers’’,

respectively. These changes are nonsubstantive and are not specifically

enumerated below. The changes

proposed by Ohio in the revised

amendment are discussed briefly below:

OAC 1501:13–6–03 Small Operator

Assistance Program

(a) Paragraph (A)(1) is amended by

adding items for which qualified

operators may request assistance. These

include engineering analysis and

designs necessary for the determination

of probable hydrologic consequences

added to subparagraph (A)(1)(a), and

amending subparagraph (A)(1)(b) to

include geologic drilling and statement

of the results of physical and chemical

analyses of test borings or core samples.

(b) New subparagraphs (c)(d) (e) and

(f) are added under paragraph (A)(1) to

identify the development of crosssection maps and plans; the collection

of archaeological information and other

historical information and the

preparation of plans necessitated

thereby; pre-blast surveys; and the

collection of site specific resource

information and production of

protection and enhancement plans for

fish and wildlife habitats and other

environmental values required by the

chief, respectively, as items for which a

qualified operator may request

assistance.

There is no direct federal counterpart.

However the proposed changes at (A)(1)

are consistent with the corresponding

Federal Regulations at 30 CFR

795.9(b)(1)–(b)(6), which describes the

SOAP services and data requirements.

(c) Paragraph (B) is amended by

deleting subparagraphs (1) and (2)

dealing with probable hydrologic

consequences and results of test borings

and core samplings which are added to

Paragraph (A) of this amendment, and

adding a statement that the services

eligible are now under paragraph (A).

The proposed change in paragraph (B)

is non-substantive and the deletion of

paragraphs (1) and (2) are not

inconsistent with SMCRA or its

corresponding Federal regulations, and

do not render the State program any less

effective than the federal regulations.

(d) Paragraph (C)(2) is amended by

substituting the Department of Natural
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53233

Resources as an additional reference for

production figure verification instead of

the division of mines and the division

of reclamation. The change in names is

made due to the transfer of Division of

Mines staff and responsibilities to the

Department of Natural Resources. The

Department of Natural Resources was

assigned to the Division of Reclamation

which was retitled the Division of

Mines and Reclamation. Subparagraphs

(C)(2)(a) and (C)(2)(b) are amended by

changing the applicant ownership limit

from ‘‘more than a five percent limit’’ to

‘‘ten percent or more’’ limit.

The proposed changes at (C)(2),

(C)(2)(a), & (C)(2)(b) are not less effective

than the federal regulations at 30 CFR

795.6(a)(2) (i) & (ii), which require

applicant ownership limits of more than

ten percent.

(e) Subparagraph (D)(9) is amended by

deleting the specific map scale

references required for a topographic

map and adding a reference to OAC

1501:13–4–09. New subparagraph

(D)(9)(e) is added to require that such

topographic maps also include any

additional information required by the

chief.

The proposed changes in (D)(9) and

(D)(9)(e) are no less effective than 30

CFR 795.7(e) because the map scale

references and details required that

were included in the deleted section are

now included in the cross-referenced

citation.

(f) Paragraph (F)(2) is amended by

deleting the heading ‘‘specific

provisions’’ and adding the following:

‘‘The data, analyses, and statements

provided to the chief shall be sufficient

to satisfy the requirements for:’’.

Subparagraphs (F)(2) (a) and (b) are

amended to include engineering

analyses and designs necessary for the

probable hydrologic consequences

determination, and the drilling and

statement by a qualified laboratory of

the result of test borings or core

samplings, respectively. Subparagraph

(F)(2)(b) is further amended by adding

provisions for obtaining a waiver from

the requirement. Previously existing

subparagraph (F)(2)(c) pertaining to this

waiver is deleted.

Existing subparagraph (F)(2)(d) is renumbered as (F)(3), and existing

subparagraphs (F)(2) (e) and (f) are

deleted.

New subparagraphs (F)(2) (c), (d), (e)

and (f) are added to identify the specific

requirements that must be met for the

development of cross-section maps and

plans; the collection of archeological

information and other historical

information; pre-blast surveys; and the

collection of site-specific resource

information and production of

protection and enhancement plans for

fish and wildlife habitats and other

environmental values, respectively.

The proposed rules in (F) are found to

be substantively identical to the

corresponding Federal regulations at 30

CFR 795.9 (b)(1)–(b)(6). The deletion of

subparagraphs (F)(2) (e) and (f) are

found to be acceptable because the

requirements for the submission of a

hydrology map and a geologic crosssection required by these subparagraphs

are now included in the newly added

sections and/or cross-references now

included in (F)(2)(c). The revision to

paragraph (F)(2)(a) of OAC 1501:13–6–

03 also satisfies a required program

amendment found at 30 CFR

935.16(a)(3). In the January 13, 1997,

Federal Register (62 FR 1668), the

Director required that Ohio amend ORC

1513.07(B)(4)(a)(i) or otherwise clarify

that under the Small Operator’s

Assistance Program (SOAP), probably

hydrologic consequences

determinations include the engineering

analyses and designs necessary for those

determinations. The revision to

paragraph (F)(2)(a) specifically adds this

required language. Therefore, the

Director is removing the required

amendment at 30 CFR 935.16(a)(3).

IV. Summary and Disposition of

Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. One comment was received

from the Ohio Historic Preservation

Office in a letter dated February 24,

1997. The commenter stated that several

times the new language refers to the

collection of archaeological information,

but does not refer to the National

Historic Preservation Act review process

which includes more than just

archaeological sites. The Ohio Historical

Preservation Office suggests that the

rule language parallel the Section 106

review process at 36 CFR part 800. One

of the changes made by Ohio to the

proposed rules in one of its subsequent

submissions is to add the words ‘‘and

historical’’ after the word archaeological

in sections OAC 1501:13–6–03(A)(1)(D)

and OAC 1501:13–6–03(F)(2)(d).

Additionally, the Director notes that

OAC 1501:13–4–01(B) requires

coordination of review and issuance of

permits with other federal or state laws

which includes the National Historic

Preservation Act of 1966 and that OAC

1501:13–5–01(A)(3) requires that a

written notification of a permit

application, renewal or revision be sent

to all federal, state and local

governmental agencies that have an

interest in the area of the proposed

operations. There are no SOAP

operations that are not included in the

permit application process. The

program amendment does not propose

to change any coordination that

currently exists between OHPO and

DMR concerning review of cultural and

historical resources. No one requested

an opportunity to speak at a public

hearing, therefore no hearing was held.

Federal Agency Comments

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

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Ohio program.

The U.S. Army Corps of Engineers

responded that the changes were

satisfactory. The U.S. Department of

Labor’s Mine Safety and Health

Administration acknowledged receipt of

the proposed amendment and

responded that no further action was

anticipated. No other comments were

received.

Environmental Protection Agency (EPA)

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

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.).

Comments were requested from EPA,

however they did not reply.

V. Director’s Decision

Based on the above finding(s), the

Director approves the proposed

amendment as submitted by Ohio on

October 3, 1996 and modified in

documents dated April 1, 1997, May 27,

1997, and June 24, 1997.

(Administrative Record Nos. OH–2170–

06, OH–2170–08, and OH–2170–09,

respectively). The Director is also

removing the condition of program

approval at 30 CFR 935.16(a)(3) because

this amendment now includes those

requirements at paragraph (F)(2)(a) of

OAC 1501:13–6–03. The requirement

amendment was initially included in

OH–204 published as a final rule in the

January 13, 1997, Federal Register (62

FR 1668). The condition required an

amendment that probable hydrologic

consequences determinations include

engineering analyses and designs

necessary for those determinations.

The Federal regulations at 30 CFR

Part 935, codifying decisions concerning

the Ohio program, are being amended to

implement this decision. This final rule

is being made effective immediately to

expedite the State program amendment
53234 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations

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

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 corresponding 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

corresponding Federal regulations.

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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: September 9, 1997.

Tim L. Dieringer,

Acting Regional Director, Appalachian

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 935—OHIO

1. The authority citation for part 935

continues to read as follows:

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

2. Section 935.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 935.15 Approval of Ohio regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

October 3, 1996 October 14, 1997. .............. OAC 1501:13–6–03, (A)(1) (a) through (f), (B), (1), (2), (F)(2), (a) through (f), (C)(2),

(a), (b), (D)(9), (10), (11).

§ 935.16 Required regulatory program

amendments.

Section 935.16 is amended by

deleting paragraph (a)(3).

[FR Doc. 97–27065 Filed 10–10–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA–5026a; FRL–5904–5]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Approval of VOC RACT Determinations

for Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving six State

Implementation Plan (SIP) revisions

submitted by the Commonwealth of

Virginia. These revisions establish and

require volatile organic compound

(VOC) reasonably available control

technology (RACT) on six major sources

of VOCs located in Virginia. The

intended effect of this action is to

approve, as SIP revisions, sourcespecific plan approvals and Consent

Agreements that establish RACT in

accordance with the Clean Air Act (the

Act).

DATES: This action is effective

November 28, 1997 unless notice is

received on or before October 29, 1997

that adverse or critical comments will

be submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

David L. Arnold, Air, Radiation, and

Toxics Division, Mailcode 3AT21, U.S.