Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7193

rendered under the small operator

assistance program.

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

Indiana 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 Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included 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 4:00 p.m., e.s.t., on March

5, 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. 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.

Filing of a written statement at the

time of the hearing is requested as 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.

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

posed 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 3 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

720(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.

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 6, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–3898 Filed 2–14–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN 68–1–7308b; FRL–5678–4]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State implementation plan (SIP)

revision submitted by the State of

Indiana for the purpose of incorporating

minor changes to existing regulations

and accommodating recent revisions to

the SIP by adding and updating

regulations. The EPA made a finding of

completeness in a letter dated

November 25, 1994. This revision

affects definitions in the General

Provisions of the Indiana SIP (326 IAC

1–1, 1–2, 1–6), and the Permit Review

Rules (326 IAC 2–1). In the final rules

section of this Federal Register, the EPA

is approving these actions as a direct

final rule without prior proposal

because EPA views these as

noncontroversial actions and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If EPA receives
7194 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this notice. Any parties interested in

commenting on this notice should do so

at this time.

DATES: Comments must be received in

writing on or before March 20, 1997.

ADDRESSES: Comments can be mailed to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Regulation

Development Branch, United States

Environmental Protection Agency, 77

West Jackson Boulevard (AR–18J),

Chicago, Illinois 60604.

Copies of the State’s submittal and

EPA’s analysis of it are available for

inspection at: Regulation Development

Section, Regulation Development

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Alvin Choi, Environmental Engineer,

Permits and Grants Section, Regulation

Development Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–3507.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: December 12, 1996.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 97–3863 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TN–178–1–9707b; FRL–5683–1]

Approval and Promulgation of

Implementation Plans; Hamilton

County, Tennessee

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the State of

Tennessee on behalf of the ChattanoogaHamilton County Air Pollution Control

Bureau (CHCAPCB) for the purpose of

establishing a Federally enforceable

state operating permit (FESOP) program.

In order to extend the Federal

enforceability of CHCAPCB’s FESOP to

hazardous air pollutants (HAP), EPA is

also proposing approval of the

CHCAPCB’s FESOP regulations

pursuant to section 112 of the Clean Air

Act as amended in 1990 (CAA).

In the Final Rules Section of this

Federal Register, EPA is approving

CHCAPCB’s SIP revision as a direct

final rule without prior proposal

because the Agency views this as

noncontroversial revision amendments

and anticipates no adverse comments. A

detailed rationale for the approvals is

set forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this approval action. Any parties

interested in commenting on this action

should do so at this time.

DATES: To be considered, comments

must be received by March 20, 1997.

ADDRESSES: Written comments should

be addressed to: Kelly Fortin, Air &

Radiation Technology Branch, Air,

Pesticides & Toxics Management

Division, Region 4, Environmental

Protection Agency, Atlanta Federal

Center, 100 Alabama Street SW.,

Atlanta, Georgia 30303.

Copies of the material submitted by

the State of Tennessee on behalf of the

CHCAPCB may be examined during

normal business hours at the following

locations:

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street SW.,

Washington, DC 20460.

Environmental Protection Agency,

Region 4, Air & Radiation Technology

Branch, Atlanta Federal Center, 100

Alabama Street SW., Atlanta, Georgia

30303.

Tennessee Department of the

Environment and Conservation, L&C

Annex, 401 Church Street, Nashville,

Tennessee, 37243–1531.

Chattanooga-Hamilton County Air

Pollution Control Bureau, 3511

Rossville Boulevard, Chattanooga,

Tennessee 37407–2495.

FOR FURTHER INFORMATION CONTACT:

Kelly Fortin, Air & Radiation

Technology Branch, Air, Pesticides &

Toxics Management Division, U.S.

Environmental Protection Agency,

Region 4, Atlanta Federal Center, 100

Alabama Street SW., Atlanta, Georgia

30303, 404–562–9117. Reference file

TN178–1.

SUPPLEMENTARY INFORMATION: For

additional information, refer to the

direct final rule which is published in

the rules section of this Federal

Register.

Dated: January 23, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–3866 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[OH78–2; FRL–5689–N]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; Ohio

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The Ohio Environmental

Protection Agency (OEPA) has

requested the redesignation of the Ohio

portion of the Cincinnati-Hamilton area

consisting of Hamilton, Clermont,

Butler, and Warren Counties from

moderate nonattainment to attainment

for ozone. The request was received on

November 15, 1994. USEPA proposed to

approve the redesignation request on

May 5, 1995. However, during July of

1995 an ozone monitor in the area

recorded another exceedance of the

ozone standard resulting in a violation

of the standard. As a result of the

violation the area is no longer attaining

the ozone air quality standard and

USEPA is proposing to disapprove the

redesignation request for the area

because it has not met all of the

requirements for redesignation specified

under section 107(d)(3)(E), of the Clean

Air Act.

The Cincinnati-Hamilton moderate

nonattainment area also includes the

Kentucky counties of Boone, Campbell,

and Kenton. On September 27, 1996,

USEPA disapproved the redesignation

request for the Kentucky portion of the

Cincinnati-Hamilton moderate ozone

nonattainment area.

DATES: Comments on this redesignation

and on the proposed USEPA action

must be received by March 20, 1997.

ADDRESSES: Written comments should

be addressed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), United

States Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State’s submittal and

other information are available for

inspection during normal business