59154 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 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

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

1292(d)) provides that a decision on a

proposed state regulatory program

provision does not constitute a major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget 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 regulation.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

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 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: September 26, 2000.

Michael K. Robinson,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 00–25403 Filed 10–3–00; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[WA–71–7146b; FRL–6879–7]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Environmental Protection

Agency proposes to approve the

Thurston County, Washington PM–10

area maintenance plan and

redesignation request from

nonattainment to attainment as

revisions to the Washington State

Implementation Plan. PM–10 air

pollution is suspended particulate

matter with a diameter less than or

equal to a nominal ten micrometers.

In the Final Rules section of this

Federal Register, the EPA is approving

the State’s SIP submittal as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

submittal amendment and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If no adverse

comments are received in response to

this action, no further activity is

contemplated.

If the 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. The EPA will not

institute a second comment period. Any

parties interested in commenting on this

action should do so at this time.

DATES: Written comments must be

received in writing by November 3,

2000.

ADDRESSES: Written comments should

be addressed to Debra Suzuki,

Environmental Protection Specialist

(OAQ–107), Office of Air Quality, at the

EPA Regional Office listed below.

Copies of the State’s request and other

information supporting this action are

available for inspection during normal

business hours at the following

locations: EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101, and State of

Washington Department of Ecology, 300

Desmond Drive, PO Box 47600,

Olympia, Washington 98504–7600.

FOR FURTHER INFORMATION CONTACT:

Scott Downey, Office of Air Quality

(OAQ–107), EPA, Seattle, Washington,

(206) 553–0682.

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules 59155

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final rule which is located in the Rules

section of this Federal Register.

Dated: September 12, 2000.

Michael F. Gearheard,

Acting Regional Administrator, Region 10.

[FR Doc. 00–25227 Filed 10–3–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6879–2]

South Carolina: Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: South Carolina has applied to

EPA for Final authorization of the

changes to its hazardous waste program

under the Resource Conservation and

Recovery Act (RCRA). EPA proposes to

grant final authorization to South

Carolina. In the ‘‘Rules and

Regulations’’ section of this Federal

Register, EPA is authorizing the changes

by an immediate final rule. EPA did not

make a proposal prior to the immediate

final rule because we believe this action

is not controversial and do not expect

comments that oppose it. We have

explained the reasons for this

authorization in the preamble to the

immediate final rule. Unless we get

written comments which oppose this

authorization during the comment

period, the immediate final rule will

become effective on the date it

establishes, and we will not take further

action on this proposal. If we get

comments that oppose this action, we

will withdraw the immediate final rule

and it will not take effect. We will then

respond to public comments in a later

final rule based on this proposal. You

may not have another opportunity for

comment. If you want to comment on

this action, you must do so at this time.

DATES: Send your written comments by

November 3, 2000.

ADDRESSES: Send written comments to

Narindar Kumar, Chief RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

Atlanta Federal Center, 61 Forsyth

Street, SW., Atlanta, GA, 30303–3104;

(404) 562–8440. You can examine

copies of the materials submitted by

South Carolina during normal business

hours at the following locations: EPA

Region IV Library, Atlanta Federal

Center, Library, 61 Forsyth Street, SW.,

Atlanta, Georgia 30303; phone number:

(404) 347–4216, or the South Carolina

Department of Health and

Environmental Control, 2600 Bull

Street, Columbia, South Carolina 29201,

phone number: (803) 896–4174.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, Chief RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

at the above address and phone number.

SUPPLEMENTARY INFORMATION: For

additional information, please see the

immediate final rule published in the

‘‘Rules and Regulations’’ section of this

Federal Register.

Dated: September 15, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 00–25346 Filed 10–3–00; 8:45 am]

BILLING CODE 6560–50–P

CHEMICAL SAFETY AND HAZARD

INVESTIGATION BOARD

40 CFR Part 1601

Freedom of Information Act Program

AGENCY: Chemical Safety and Hazard

Investigation Board.

ACTION: Proposed rule.

SUMMARY: The Chemical Safety and

Hazard Investigation Board proposes to

adopt regulations for requesting and

disclosing records under the Freedom of

Information Act (FOIA). The FOIA

requires Federal agencies to create

regulations establishing procedures for

its implementation. These regulations

will ensure the proper handling of

agency records and requests for those

records under the FOIA.

DATES: Submit comments on or before

November 3, 2000.

ADDRESSES: Address all comments

concerning this proposed rule to Ray

Porfiri, United States Chemical Safety

and Hazard Investigation Board, 2175 K

Street, NW., Suite 400, Washington, DC

20037–1809.

FOR FURTHER INFORMATION CONTACT: Ray

Porfiri, 202–261–7629.

SUPPLEMENTARY INFORMATION: These

proposed regulations implement the

Freedom of Information Act (FOIA), 5

U.S.C. 552, as amended by the

Electronic Freedom of Information Act

Amendments of 1996, Public Law 104–

231, 110 Stat. 3048. The Board proposes

the following set of regulations to

discharge its responsibilities under the

FOIA. The FOIA establishes: basic

procedures for public access to agency

records and guidelines for waiver or

reduction of fees the agency would

otherwise assess for the response to the

records request; categories of records

that are exempt for various reasons from

public disclosure; and basic

requirements for Federal agencies

regarding their processing of and

response to requests for agency records.

The Board invites comments from

interested groups and members of the

public on these proposed regulations.

Regulatory Flexibility Act

The Board, in accordance with the

Regulatory Flexibility Act, 5 U.S.C.

605(b), has reviewed this proposed

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

Under the FOIA, agencies may recover

only the direct costs of searching for,

reviewing, and duplicating the records

processed for requesters. Thus, fees

assessed by the Board will be nominal.

Further, the ‘‘small entities’’ that make

FOIA requests, as compared with

individual requesters and other

requesters, are relatively few in number.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, we did not

deem any action necessary under the

provisions of the Unfunded Mandates

Reform Act of 1995, Pub. L. 104–4, 109

Stat. 48.

List of Subjects in 40 CFR Part 1601

Administrative practice and

procedure, Archives and records,

Freedom of information.

For the reasons set forth in the

preamble, the Chemical Safety and

Hazard Investigation Board proposes to

establish 40 CFR Chapter VI—Chemical

Safety and Hazard Investigation Board,

consisting of parts 1600 through 1699,

and add part 1601 to read as follows:

PART 1601—-PROCEDURES FOR

DISCLOSURE OF RECORDS UNDER

THE FREEDOM OF INFORMATION ACT

Subpart A—PURPOSE, SCOPE, AND

APPLICABILITY

Sec.

1601.1 Purpose and scope.

1601.2 Applicability.

1601.3 Definitions.