9080 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations

processed as a separate amendment

subject to public review at a later date.

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

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 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

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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 7, 1997.

Allen D. Klein,

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 by

adding paragraph (eeee) to read as

follows:

§ 935.15 Approval of regulatory program

amendments.

* * * * *

(eeee) The following rules, as

submitted to OSM on August 26, 1996,

and revised on October 4, 1996, and

January 23, 1997, are approved effective

February 28, 1997:

OAC 1501:13–1–02 (000) and (JJJJJJ) ...................................................... Definitions.

OAC 1501:13–4–08 (A)(15) ..................................................................... Hydrologic map and cross sections.

OAC 1501:13–4–10 (A)(6) ....................................................................... Uniform color code and map symbols.

OAC 1501:13–4–12 (L) ............................................................................ Requirements for permits for special categories of mining.

OAC 1501:13–4–15 (deletion of (B)) ...................................................... Authorization to conduct coal mining on pollution abatement areas.

OAC 1501:13–5–01 (D)(7), (D)(7)(D), (E)(19) and (E)(19) (A), (B) and

(C).

Review, public participation, and approval or disapproval of permit

applications and permit terms and conditions.

OAC 1501:13–9–15 (F)(2), (F)(2)(A), (F)(3), (F)(3)(a), (F)(4)(d),

(G)(3)(a), (H)(2), (I)(6), (J)(1)(b), (L), (L)(2), (M)(4), (O), and (O) (1)

through (6).

Revegetation.

[FR Doc. 97–5038 Filed 2–27–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5693–8]

Clean Air Act (Act) Approval and

Promulgation of State Implementation

Plans; Prevention of Significant

Deterioration (PSD); Louisiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; Correction.

SUMMARY: This document contains a

correction to the direct final rule

concerning the State of Louisiana PSD

increments for PM–10 (particulate

matter 10 micrometers or less in

diameter) published Tuesday, October

15, 1996 (61 FR 53639). In the October

15, 1996, Federal Register document,

Section I.8.a of Regulation Louisiana

Administrative Code 33:III. Chapter 5,

Section 509, effective February 20, 1995,

was erroneously cited as Section E.8.a.

EFFECTIVE DATE: February 28, 1997.
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9081

FOR FURTHER INFORMATION CONTACT: Mr.

Samuel R. Mitz at (214) 665–8370.

SUPPLEMENTARY INFORMATION: On page

53642, the third column, under

§ 52.970(c)(69)(i)(A), paragraph (A) is

corrected to read:

(A) Revisions to Regulation Louisiana

Administrative Code 33:III.Chapter 5,

Section 509, effective February 20, 1995:

Section B. Definitions: Baseline Date;

Section B. Definitions: Net Emissions

Increase; Section D. Ambient Air

Increments; Section I.8.a.; Section K.2;

and Section P.4.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(P.L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Authority: 42 U.S.C. 7401–7671q.

Dated: February 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–4964 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[ME47–1–6996a; A–1–FRL–5693–5]

Approval and Promulgation of Air

Quality Implementation Plans; Maine,

and Redesignation of Hancock and

Waldo Counties; Maine

AGENCY: Environmental Protection

Agency (USEPA or Agency).

ACTION: Direct final rule.

SUMMARY: EPA is approving two

requests from the State of Maine:

approval of the Maine 1990 base year

inventory into the Maine State

Implementation Plan (SIP), referred to

as the SIP revision; and a redesignation

request by the State of Maine for the

Hancock and Waldo counties marginal

nonattainment area, referred to as the

redesignation request. These actions are

being taken in accordance with the

Clean Air Act (CAA or the Act). The

first request will establish the 1990 base

year ozone emission inventories of

volatile organic compounds (VOC) and

oxides of nitrogen (NOx) emissions for

the classified ozone nonattainment areas

in Maine. The second request will

redesignate the Hancock and Waldo

counties marginal ozone nonattainment

area from nonattainment to attainment.

The second request also contains a 1993

attainment emissions inventory that will

satisfy Hancock and Waldo counties

requirement for a 1993 periodic

inventory. A detailed rationale for the

two approvals is set forth in

SUPPLEMENTARY INFORMATION.

DATES: This action is effective on April

29, 1997, unless adverse or critical

comments are received by March 31,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333. Persons

interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: For

the base year inventory, Robert

McConnell, (617) 565–9266, and for the

Hancock and Waldo counties

redesignation request Richard P.

Burkhart, (617)–565–3578.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

Summary

The EPA today is approving SIP

revisions submitted by the State of

Maine, under sections 110 and 182 of

the Act. These revisions consist of the

establishment of the 1990 base year

ozone emission inventories for the

ozone nonattainment areas in Maine.

These SIP revisions have been found by

EPA to meet the EPA’s approval criteria

for emission inventories.

Supplementary Information on SIP

Revision

Maine submitted 1990 base year

emission inventories for the ozone

nonattainment areas in the State in final

form on July 25, 1995. This portion of

this document is divided into three

parts:

I. Background Information

II. Summary of SIP Revision

III. Final Action

I. Background

Emission Inventory

Under the CAA as amended in 1990,

States have the responsibility to

inventory emissions contributing to

nonattainment of a National; Ambient

Air Quality Standard (NAAQS), to track

these emissions over time, and to ensure

that control strategies are being

implemented that reduce emissions and

move areas towards attainment. The

CAA requires ozone nonattainment

areas designated as moderate, serious,

severe, and extreme to submit a plan

within three years of 1990 to reduce

VOC emissions by 15 percent within six

years after 1990. The baseline level of

emissions, from which the 15 percent

reduction is calculated, is determined

by adjusting the base year inventory to

exclude biogenic emissions and to

exclude certain emission reductions not

creditable towards the 15 percent. The

1990 base year emissions inventory is

the primary inventory from which the

periodic inventory, the Reasonable

Further Progress (RFP) projection

inventory, and the modeling inventory

are derived. Further information on

these inventories and their purpose can

be found in the ‘‘Emission Inventory

Requirements for Ozone State

Implementation Plans,’’ U.S.

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991. A copy of

this guidance is available from EPA at

the regional office listed in the address

section of this document. The base year

inventory may also serve as part of