Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39791

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comments on the proposed amendments

identified above. Comments should

address whether the amendments

identified above satisfy the applicable

program approval criteria of 30 CFR

732.15. Commenters may refer to the

relevant proposed implementing

regulations submitted by the State on

May 11, 1998, to support their

comments. If the amendments are

deemed adequate, they will become part

of the West Virginia program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this notice and include explanations in

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the OSM

Charleston Field Office will not

necessarily be considered in the final

rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by the close of

business on August 10, 1998. If no one

requests an opportunity to testify at the

public hearing by that date, 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 remarks

and appropriate questions.

The public hearing will continue on

the specific date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

schedules. The hearing will end after all

persons scheduled to testify and persons

present in the audience who wish to

testify have been heard.

Public Meeting

If only one person or group requests

to testify 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 amendments may request a

meeting at the OSM Charleston Field

Office listed under ADDRESSES 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 in advance at

the locations listed under ADDRESSES. A

written summary of each public 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

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 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 948

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 17, 1998.

Allen D. Klein,

Regional Director Appalachian Regional

Coordinating Center.

[FR Doc. 98–19792 Filed 7–23–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–100–1–9814b; FRL–6125–9]

Approval and Promulgation of

Implementation Plans; Commonwealth

of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

revisions to the Commonwealth of

Kentucky’s State Implementation Plan

(SIP) for the general application and

attainment status designations. The

Commonwealth of Kentucky, through

the Kentucky Natural Resources and

Environmental Protection Cabinet

(KNREPC) submitted the revisions to

EPA on December 19, 1997.

The revisions to the general

application rule clarify the reasonably

available control technology (RACT)

requirements to assure compatibility

with the 1990 Clean Air Act (CAA)

requirements for major sources of

volatile organic compounds (VOCs) in

ozone nonattainment areas. The

attainment status designations

regulation is being amended to make the

boundaries and classifications of

nonattainment areas for ozone

compatible with the Federal

classification.
39792 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

In the final rules section of this

Federal Register, the EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

revision 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 the 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. The EPA

will not institute a second comment

period. Any parties interested in

commenting on this rule should do so

at this time.

DATES: To be considered, comments

must be received by August 24, 1998.

ADDRESSES: Written comments should

be addressed to Karla L. McCorkle at the

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Reference file KY–100–1–9814. The

Region 4 office may have additional

background documents not available at

the other 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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Commonwealth of Kentucky, Natural

Resources and Environmental

Protection Cabinet, 803 Schenkel

Lane, Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT:

Karla L. McCorkle at 404/562–9043.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: June 19, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 98–19842 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–93–9821b; FRL–6125–7]

Approval and Promulgation of

Implementation Plans; Commonwealth

of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State implementation plan (SIP)

revision submitted by the

Commonwealth of Kentucky for the

Prevention of Significant Deterioration

(PSD) of air quality to incorporate recent

amendments to the Federal Register, the

EPA is approving the SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision 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 the 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. The EPA

will not institute a second comment

period. Any parties interested in

commenting on the rule should do so at

this time.

DATES: To be considered, comments

must be received by August 24, 1998.

ADDRESSES: Written comments should

be addressed to Karla L. McCorkle at the

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303. Copies of documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Reference file KY–93–9821. The Region

4 office may have additional

background documents not available at

the other 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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Commonwealth of Kentucky, Natural

Resources and Environmental

Protection Cabinet, 803 Schenkel Lane,

Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT:

Karla L. McCorkle at 404/562–9043 (Email: mccorkle.karla@epamail.epa.gov).

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: June 19, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 98–19837 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR 48–1–7263b; FRL–6127–5]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision to Oregon Administrative

Rules, Chapter 340, Division 25

submitted by the State of Oregon on

August 31, 1995, and October 8, 1996.

The revision was submitted to satisfy

the requirements of section 110 of the

Clean Air Act (CAA) and 40 CFR part

51. In the Final Rules Section of this

Federal Register, the EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

revision 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 the direct final

rule, no further activity is contemplated

in relation to this rule. 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.

DATES: Comments must be received in

writing by August 24, 1998.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist

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

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public