3508 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules

that the aggregate total prime farmland

acreage not be decreased from that

which existed prior to mining. Any

water bodies to be constructed during

mining and reclamation operations are

to be located within the postreclamation non-prime farmland

portions of the permit area. At OAC

1501:13–7–05(A)(2)(a)(iv), Ohio is

proposing to require that a notarized

statement by the permittee affirming

completion of all applicable reclamation

requirements be included in a request of

approval of reclamation. At OAC

1501:13–9–4, Ohio is proposing to

reference the dam and/or emergency

spillway hydrologic criteria found in the

NRCS Technical Release No. 60. Ohio is

also proposing to delete the spillway

requirements for impoundments at

section (G)(3)(b) as they already appear

at section (H)(1)(h).

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

Ohio 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 Appalachian Regional

Coordinating Center 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.D.T.] on

February 9, 1998. 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 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.

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.

3509 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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 15, 1998.

Ronald C. Rector,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 98–1651 Filed 1–22–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–039–FOR]

Texas Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; correction.
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules 3509

SUMMARY: OSM is correcting a proposed

rule that appeared in the Federal

Register of December 29, 1997 (62 FR

67592). This document announced

receipt of a proposed amendment to the

Texas abandoned mine land reclamation

plan (hereinafter referred to as the

‘‘Texas program’’) under the Surface

Mining Control and Reclamation Act of

1997 (SMCRA).

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

In Federal Register document 97–

33662 beginning on page 67592 in the

issue of Monday, December 29, 1997,

make the following corrections:

1. On page 67593 in the first column

under the heading SUMMARY, ‘‘acquire’’

in line 24 should be ‘‘acquired.’’

2. On page 67593 in the first column

under the heading ADDRESSES, ‘‘Texas’’

in line five of the third paragraph

should be ‘‘Oklahoma.’’

3. On page 67593 in the second

column under number 1.a. in line two,

‘‘Sec. 12,805’’ should be ‘‘Sec. 12.805.’’

4. On page 67594 in the first column,

in line three, the ‘‘p’’ in ‘‘paragraph’’

should be capitalized.

5. On page 67594 in the first column,

in line 17, the ‘‘i’’ in ‘‘it’’ should be

capitalized.

6. On page 67594 in the third column

under number 17 in line 5 of the

paragraph, the ‘‘c’’ in ‘‘commission’’

should be capitalized.

7. On page 67595 in the first column

in the heading of number 22, ‘‘Section

21.820’’ should be ‘‘Section 12.820.’’

8. On page 67595 in the first column

in the paragraph under the heading

‘‘Public Hearing,’’ the word

‘‘INFORMAITON’’ in line three should

be ‘‘INFORMATION.’’

List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 15, 1998.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 98–1652 Filed 1–22–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[AD–FRL–5951–5]

Federal Plan Requirements for Large

Municipal Waste Combustors

Constructed on or Before September

20, 1994

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On December 19, 1995, EPA

adopted emission guidelines for existing

municipal waste combustor (MWC)

units. Section 129 of the Act requires

States with existing MWC units subject

to the guidelines to submit plans to EPA

that implement and enforce the

emission guidelines. The State plans

were due on December 19, 1996. States

without MWC units subject to the

emission guidelines must submit a

negative declaration letter. Following

receipt of a State plan, EPA has up to

6 months to approve or disapprove the

plan. If a State with existing MWC units

does not submit an approvable plan

within 2 years after promulgation of the

guidelines (i.e., December 19, 1997), the

Clean Air Act (ACT) requires EPA to

develop, implement, and enforce a

Federal plan for MWC units in that

State. In this action EPA proposes a

Federal plan to implement emission

guidelines for MWC units located in

States where State plans have not been

approved. For most of these States, the

Federal plan would be an interim action

because when a State plan is approved,

the Federal plan will no longer apply to

MWC units covered by the State plan.

This proposed MWC Federal plan

includes the same required elements as

a State plan as specified in 40 CFR part

60, subpart B. These elements are:

identification of legal authority;

identification of mechanisms for

implementation; inventory of affected

facilities; emission inventory; emission

limits; compliance schedules; public

hearing requirements; reporting and

recordkeeping requirements; and public

progress reports. Also discussed in this

preamble is Federal plan

implementation and delegation of

authority.

DATES: Comments. Comments on this

proposal must be received on or before

March 24, 1998.

Public Hearing. A public hearing will

be held in Washington, DC if

individuals request to speak. In

addition, a public hearing will be held

in any State with an MWC unit that

would be covered by the proposed

MWC Federal plan, if individuals

request to speak. Requests to speak must

be received by February 23, 1998. If

requests to speak are received, one or

more public hearings will be held. A

message regarding the date and location

of the public hearing(s) may be accessed

by calling (919) 541–5339 after February

23, 1998.

ADDRESSES: Comments. Comments on

this proposal should be submitted (in

duplicate, if possible) to: Air and

Radiation Docket and Information

Center (MC–6102), Attention Docket No.

A–97–45, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. Comments and

data may be filed electronically by

following the instructions in section I of

SUPPLEMENTARY INFORMATION of this

preamble.

Public Hearing. If timely requests to

speak at a public hearing are received,

a public hearing will be held in

Washington, DC or in any State with an

MWC unit that would be covered by the

proposed MWC Federal plan. Persons

wishing to present oral testimony

should notify Ms. Julie Andresen,

Program Review Group, Information

Transfer and Program Integration

Division (MD–12), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711, telephone

(919) 541–5339 at EPA. A message

regarding the date and location of the

public hearing(s) may be accessed by

calling (919) 541–5339.

Docket. Docket numbers A–89–08, A–

90–45, and A–97–45 contain the

supporting information for this

proposed rule and the supporting

information for EPA’s promulgation of

emission guidelines for existing MWC

units. These dockets are available for

public inspection and copying between

8:00 a.m. and 5:30 p.m., Monday

through Friday, at EPA’s Air and

Radiation Docket and Information

Center (Mail Code 6102), 401 M Street,

SW, Washington, DC 20460, or by

calling (202) 260–7548. The docket is

located at the above address in Room

M–1500, Waterside Mall (ground floor,

central mall). A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: For

information regarding this proposal,

contact Ms. Julie Andresen at (919) 541–

5339, Program Review Group,

Information Transfer and Program

Integration Division (MD–12), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711. For technical information,

contact Mr. Walt Stevenson at (919)

541–5264, Combustion Group, Emission

Standards Division (MD–13), U.S.