Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40827

also submitted a ‘‘Survey of Active Coal

Mining Operations in Kentucky (June 1–

July 31, 1997)’’ reflecting a total of 353

active mines in the State. By

comparison, the number of licensed

mines in 1984 was 2,063.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment submitted on

November 3, 1997, from various Federal

agencies with an actual or potential

interest in the Kentucky program. No

comments were received.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.).

None of the revisions that Kentucky

proposed to make in its amendment

pertains to air or water quality

standards. Therefore, OSM did not

request EPA’s concurrence.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Kentucky

on November 3, 1997.

The Federal regulations at 30 CFR

Part 917, codifying decisions concerning

the Kentucky 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 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. 6501 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 Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 16, 1998.

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 917—KENTUCKY

1. The authority citation for part 917

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 917.15 Approval of Kentucky regulatory

program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

November 3,

1997.

July 31, 1998 Staffing and

budget levels.

§ 917.16 [Amended]

3. Section 917.16 is amended by

removing and reserving paragraph (b).

§ 917.17 [Amended]

4. Section 917.16 is amended by

removing and reserving paragraph (a).

[FR Doc. 98–20468 Filed 7–30–98; 8:45 am]

BILLING CODE 4310–05–M

POSTAL SERVICE

39 CFR Part 111

Elimination of Mixed BMC/ADC Pallets

of Packages of Flats

AGENCY: Postal Service.

ACTION: Final rule; correction.

SUMMARY: The Postal Service published

a document in the Federal Register of

July 10, 1998, concerning revisions to

Domestic Mail Manual (DMM) sections

M020, M041, and M045, eliminating

options for mailers to place packages

and bundles of Standard Mail (A) and

Standard Mail (B) on mixed BMC

pallets. The document contained an

incorrect date.

FOR FURTHER INFORMATION CONTACT:

Cheryl Beller, (202) 268–5166.
40828 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

1EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

Correction

In the Federal Register issue of July

10, 1998, in FR Doc. 98–18434, on page

37254, in the first column, correct the

DATES caption to read:

EFFECTIVE DATE: October 4, 1998.

Dated: July 16, 1998.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–20521 Filed 7–30–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0061; FRL–6131–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of a revision to the California State

Implementation Plan (SIP) proposed in

the Federal Register on April 17, 1997.

The revision concerns a rule from the

Bay Area Air Quality Management

District (BAAQMD). This approval

action will incorporate this rule into the

Federally approved SIP. The intended

effect of approving this rule is to

regulate emissions of oxides of nitrogen

(NOX) in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act). The

rule concerns the control of NOX

emissions from utility electric power

generating boilers in the San Francisco

Bay area. Thus, EPA is finalizing the

approval of this revision into the

California SIP under provisions of the

CAA regarding EPA actions on SIP

submittals, and SIPs for national

primary and secondary ambient air

quality standards. The rule is being

approved into the SIP in accordance

with the area’s ozone maintenance plan.

DATES: This action is effective on

August 31, 1998.

ADDRESSES: Copies of the rule and EPA’s

evaluation report are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule are

available for inspection at the following

locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

Bay Area Air Quality Management

District, Rule Development Section,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Thomas C. Canaday, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1202.

SUPPLEMENTARY INFORMATION:

I. Applicability

The BAAQMD rule being approved

into the California SIP is Regulation 9,

Rule 11, Nitrogen Oxides and Carbon

Monoxide from Utility Electric Power

Generating Boilers. This BAAQMD rule

was adopted on February 16, 1994 and

amended November 15, 1995. A

revision of the amended rule, containing

the Reasonably Available Control

Technology (RACT) NOX provisions

required under the Act but omitting

state-mandated NOX emission limits,

was submitted to EPA by the State of

California on July 23, 1996. The rule

was found to be complete on January 17,

1997, pursuant to EPA’s completeness

criteria that are set forth in 40 CFR part

51 Appendix V.1 A subsequent version

revised only to correct typographical

errors was submitted on February 20,

1998. EPA is taking final action to

approve the rule into the SIP.

II. Background

On April 17, 1997, EPA proposed to

approve Regulation 9, Rule 11 into the

California SIP (62 FR 18730). While the

BAAQMD was no longer required to

submit NOX RACT rules pursuant to

section 182(b)(2), the BAAQMD

incorporated several previously

submitted NOX rules as contingency

measures in its ozone maintenance plan

as a requirement for redesignation to

attainment. Shortly after being

redesignated to attainment of the ozone

standard, the Bay Area recorded

violations of the Federal ozone

standard, therefore triggering the

contingency measures of the

maintenance plan. In accordance with

the redesignation maintenance plan,

and at the request of the BAAQMD, EPA

is incorporating the NOX measures into

the SIP. The BAAQMD submitted the

contingency measure being acted on in

this document on July 23, 1996. This

action encompasses part of the measures

identified in the plan as contingency

measures. A detailed discussion of the

background for BAAQMD Regulation 9,

Rule 11 (as submitted on July 23, 1996)

is provided in the proposed rule cited

above.

EPA has evaluated BAAQMD

Regulation 9, Rule 11 for consistency

with the requirements of the CAA and

EPA regulations and EPA interpretation

of these requirements as expressed in

the various EPA policy guidance

documents referenced in the proposed

rule cited above. EPA has found that the

BAAQMD submitted rule meets the

applicable EPA requirements. A

detailed discussion of the BAAQMD

rule provisions and EPA’s evaluation

has been provided in the proposed rule

and in the technical support document

(TSD), dated January 24, 1997, which is

available at EPA’s Region IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 18730. The rule in

the present action, along with four

additional rules (BAAQMD Regulation

9, Rule 7; Regulation 9, Rule 8;

Regulation 9, Rule 9; and Regulation 9,

Rule 12) were the subject of a prior

direct final action. See 62 FR 18710

(April 17, 1997). EPA received adverse

comments on Regulation 9, Rule 11

only. Consequently the previous direct

final action was withdrawn. See 62 FR

32687 (June 17, 1997). Following is

EPA’s response to comments received

on Regulation 9, Rule 11 from Pacific

Gas and Electric Company (PG&E), a

public utility that owns and operates

sources affected by Regulation 9, Rule

11. PG&E objected to the presence in

BAAQMD Regulation 9, Rule 11 of

provisions that relate to carbon

monoxide and ammonia emissions on

the grounds that these substances are

not ozone precursors. However, the

BAAQMD submitted the carbon

monoxide and ammonia provisions for

inclusion into the SIP and there is no

basis for EPA to disapprove them.

PG&E also objected to the inclusion in

BAAQMD Regulation 9, Rule 11 of

references to those portions of the rule

which contain state-mandated NOX

emissions limits and were therefore not

included in the rule as submitted to

EPA on July 23, 1996. In response to

this comment, the State of California

removed these typographical errors from