41506 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules

‘‘Application to Section 4958......19’’

immediately after ‘‘Effective

Date......18’’.

Par. 10. In § 301.7611–1, an

undesignated centerheading and Q–19

and A–19 are added to read as follows:

§ 301.7611–1 Questions and answers

relating to church tax inquiries and

examinations.

* * * * *

Application to Section 4958

Q–19: When do the church tax

inquiry and examination procedures

described in section 7611 apply to a

determination of whether there was an

excess benefit transaction described in

section 4958?

A–19: See § 53.4958–7(b) of this

chapter for rules governing the

interaction between section 4958 excise

taxes on excess benefit transactions and

section 7611 church tax inquiry and

examination procedures.

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

[FR Doc. 98–20419 Filed 7–30–98; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 904

[SPATS No. AR–030–FOR]

Arkansas Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; Reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Arkansas

regulatory program (hereinafter referred

to as the ‘‘Arkansas program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Arkansas’s proposed rules

pertain to ASCMRC 701.5, Definitions;

ASCMRC 780.14, Operations Plan: Maps

and Plans; ASCMRC 816.46, Hydrologic

Balance: Siltation Structures; ASCMRC

816.56, Hydrologic Balance: Postmining

Rehabilitation of Sedimentation Ponds,

Diversions, Impoundments, and

Treatment Facilities; ASCMRC 816.102,

Backfilling and Grading: General

Grading Requirements; ASCMRC

823.11, Applicability; and ASCMRC

823.15, Revegetation and Restoration of

Soil Productivity. Arkansas also

proposes to change the old name of the

‘‘U.S. Soil Conservation Service’’ to its

new name of ‘‘Natural Resources

Conservation Service’’ throughout its

regulations. The amendment is intended

to revise the Arkansas program to be

consistent with the corresponding

Federal regulations and to enhance

enforcement of the State program.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., August 19,

1998.

ADDRESSES: Written comments should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office

at the address listed below.

Copies of the Arkansas program, the

proposed amendment, and all written

comments received in response to this

document will be available for public

review at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays.

Each requester may receive one free

copy of the proposed amendment by

contacting OSM’s Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Arkansas 74135–6547, Telephone:

(918) 581–6430.

Arkansas Department of Pollution

Control and Ecology, Surface Mining

and Reclamation Division, 8001

National Drive, Little Rock, Arkansas

72219–8913, Telephone (501) 682-

0744.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Arkansas

Program

On November 21, 1980, the Secretary

of the Interior conditionally approved

the Arkansas program. Background

information on the Arkansas program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the November 21, 1980, Federal

Register (45 FR 77003). Arkansas

amended its program by submitting

provisions that satisfied all of the

conditions of the Secretary’s approval of

November 21, 1980. Effective January

22, 1982, OSM removed the conditions

of the approval of the Arkansas

permanent regulatory program.

Information on the removal of the

conditions can be found in the January

22, 1982, Federal Register (47 FR 3108).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

904.12, 904.15, and 904.16.

II. Discussion of the Proposed

Amendment

By letter dated February 6, 1998

(Administrative Record No. AR–561),

Arkansas submitted a proposed

amendment to its program pursuant to

SMCRA. Arkansas submitted the

proposed amendment in response to a

June 17, 1997, letter (Administrative

Record No. AR–559) that OSM sent to

Arkansas in accordance with 30 CFR

732.17(c), and at its own initiative. The

provisions of Arkansas Surface Coal

Mining and Reclamation Code

(ASCMRC) that Arkansas proposes to

amend are: ASCMRC 761.5, Definitions;

ASCMRC 780.25, Reclamation Plan:

Siltation Structures, Impoundments,

Banks, Dams, and Embankments;

ASCMRC 780.35, Disposal of Excess

Spoil; ASCMRC 785.17, Prime

Farmlands; ASCMRC 816.21, Topsoil:

General Requirements; ASCMRC 816.22,

Topsoil: Removal; ASCMRC 816.23,

Topsoil: Storage; ASCMRC 816.24,

Topsoil: Redistribution; ASCMRC

816.25, Topsoil: Nutrients and Soil

Amendments; ASCMRC 816.56,

Hydrologic Balance: Postmining

Rehabilitation of Sedimentation Ponds,

Diversions, Impoundments, and

Treatment Facilities; ASCMRC 816.74,

Disposal of Excess Spoil: Pre-existing

Benches; ASCMRC 816.102, Backfilling

and grading: General Grading

Requirements; ASCMRC 816.103,

Backfilling and grading: Covering Coal

and Acid and toxic forming materials;

ASCMRC 816.104–S, Backfilling and

Grading: Thin Overburden; ASCMRC

816.105–S, Backfilling and Grading:

Thick Overburden; ASCMRC 816.106,

Backfilling and Grading: Steep Slopes;

ASCMRC Part 826, Special State

Program Performance Standards—

Operations on Steep Slopes; ASCMRC

816.107, Backfilling and Grading

Previously Mined Areas; ASCMRC Part

823, Special State Program Performance

Standards—Operations on Prime

Farmland; ASCMRC 845.18, Procedures

for Assessment Conference; and

ASCMRC 845.19, Request for

Adjudicatory Public Hearing. Arkansas

also proposed to make editorial and

reference changes in the following

sections of ASCMRC: 780.18(b)(7),

Reclamation plan: general requirements;

785.15(b) and (c), Steep slope mining;

785.16(a), (c)(6), and (d)(1), Permits

incorporating variances from

approximate original contour restoration

requirements for steep slope mining;
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules 41507

815.15(k), Performance standards for

coal exploration; 816.11(g), Signs and

markers; 816.43(e) and (f)(5), Hydrologic

balance: diversions and conveyance of

overland flow, shallow groundwater

flow, (and ephemeral streams);

816.44(c), Hydrologic balance: stream

channel diversions; 816.48(b),

Hydrologic balance: acid-forming and

toxic-forming spoil; and 816.107,

Backfilling and grading previously

mined areas.

OSM announced receipt of the

proposed amendment in the February

26, 1998, Federal Register (63 FR 9747)

and invited public comment on its

adequacy. The public comment period

ended March 30, 1998.

During its review of the amendment,

OSM identified concerns relating to

ASCMRC 816.56, Hydrologic Balance:

Postmining Rehabilitation of Sediment

Ponds, Diversions, Impoundments, and

Treatment Facilities; ASCMRC 816.102,

Backfilling and Grading: General

Grading Requirements; ASCMRC

823.11, Applicability; and ASCMRC

823.14(a), Revegetation and Restoration

of Soil Productivity. OSM notified

Arkansas of the concerns by fax dated

July 6, 1998 (Administrative Record No.

AR–561.06). Arkansas responded in a

letter dated July 15, 1998,

(Administrative Record No. AR–561.07)

by submitting a revised amendment.

Arkansas proposes revisions to

ASCMRC 701.5, Definitions; ASCMRC

780.14, Operations Plan: Maps and

Plans; ASCMRC 816.46, Hydrologic

Balance: Siltation Structures; ASCMRC

816.56, Hydrologic Balance: Postmining

Rehabilitation of Sedimentation Ponds,

Diversions, Impoundments, and

Treatment Facilities; ASCMRC 816.102,

Backfilling and Grading: General

Grading Requirements; ASCMRC

823.11, Applicability; and ASCMRC

823.15, Revegetation and Restoration of

Soil Productivity. Arkansas also

proposes to change the old name of the

‘‘U.S. Soil Conservation Service’’ to its

new name of ‘‘Natural Resources

Conservation Service’’ throughout its

regulations.

Specifically, Arkansas proposes the

following changes to its regulations.

1. ASCMRC 701.5, Definitions and

ASCMRC 816.46, Hydrologic Balance:

Siltation Structures

Akransas proposes to amend sections

701.5 and 816.46 by transferring to

section 701.5, the definition of ‘‘siltation

structure’’ that is in section 816.46(a)(1)

and by reserving section 816.46(a)(1).

2. ASCMRC 780.14, Operations Plan:

Maps and Plans

Arkansas proposes to amend this

section by adding a designation for

paragraph (b)(6), pertaining to water

diversions, collection, conveyance,

treatment, storage, and discharge

facilities, to the list of paragraphs

requiring maps, plans, and cross

sections.

3. ASCMRC 816.56, Hydrologic Balance:

Postmining Rehabilitation of

Sedimentation Ponds, Diversions,

Impoundments, and Treatment

Facilities

Arkansas proposes to amend this

section to read as follows:

Before abandoning the permit area or

seeking bond release, the person who

conducts the (surface mining activities)

[underground mining activities] shall ensure

that all temporary structures are removed and

reclaimed, and that all permanent

sedimentation ponds, diversions,

impoundments, and treatment facilities meet

the requirements of this Chapter for

permanent structures, have been maintained

properly, and meet the requirements of the

detailed design plan for permanent structures

and impoundments. The operator shall

renovate such structures if necessary to meet

the requirements of this Chapter and to

conform to the approved reclamation plan.

4. ASCMRC 816.102, Backfilling and

Grading: General Grading Requirements

Arkansas proposes to revise paragraph

(d) to read as follows:

Spoil may be placed on the area outside

the mined-out [surface] area in nonsteep

slope areas to restore the approximate

original contour by blending the spoil into

the surrounding terrain if the following

requirements are met:

5. ASCMRC 823.11, Applicability

Arkansas proposes to revise the

editorial note to read as follows:

[Ed. note: Section 823.11(a) is suspended

‘‘insofar as it excludes from the requirements

of Part 823 those coal preparation plants,

support facilities, and roads that are part of

surface mining activities’’.]

6. ASCMRC 823.15, Revegetation and

Restoration of Soil Productivity

Arkansas proposes to revise paragraph

(b)(6) to read as follows:

The reference crop on which restoration of

soil productivity is proven shall be selected

from the crops most commonly produced on

the surrounding prime farmland. Where row

crops are the dominant crops grown on prime

farmland in the area, the row crop requiring

the greatest rooting depth shall be chosen as

one of the reference crops.

7. Reference Change

Arkansas proposes to change the old

name of the ‘‘U.S. Soil Conservation

Service’’ to its new name of ‘‘Natural

Resources Conservation Service’’

throughout its regulations.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Arkansas

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. 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 Arkansas 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 Tulsa Field Office will

not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed 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.
41508 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Proposed Rules

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

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 28, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–20716 Filed 8–3–98; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[Region 2 Docket No. NY28–2–180a, FRL–

6134–6]

Approval and Promulgation of State

Plans for Designated Facilities; New

York

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to approve

the State Plan submitted by New York

to fulfill the requirements of sections

111(d)/129 of the Clean Air Act for

Municipal Waste Combustors (MWC).

The State Plan addresses the

implementation and enforcement of the

Emissions Guidelines (EG) applicable to

existing large MWCs with capacity to

combust more than 250 tons per day of

municipal solid waste. The State Plan

imposes emission limits and control

requirements for the existing MWC’s in

New York which will reduce the

designated pollutants. In the final rules

section of this Federal Register, EPA is

approving New York’s MWC State Plan

as a direct final rule without prior

proposal because the Agency views this

as a noncontroversial action and

anticipates no relevant adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no relevant adverse comments

are received in response to that direct

final rule no further activity is

contemplated in relation to this

proposed rule. If EPA receives relevant

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 on this action. Any

parties interested in commenting should

do so at this time.

DATES: Comments must be received on

or before September 3, 1998.

ADDRESSES: All comments should be

addressed to: Ronald J. Borsellino,

Chief, Air Programs Branch,

Environmental Protection Agency,

Region 2 Office, 290 Broadway, 25th

Floor, New York, New York 10007–

1866.

Copies of the State submittal are

available at the following addresses for

inspection during normal business

hours:

Environmental Protection Agency,

Region 2 Office, 290 Broadway, 25th

Floor, New York, New York 10007–

1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.

FOR FURTHER INFORMATION CONTACT:

Christine DeRosa or Kirk J. Wieber, Air

Programs Branch, Environmental

Protection Agency, Region 2 Office, 290

Broadway, 25th Floor, New York, New

York 10278, (212) 637–4249.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: July 24, 1998.

William J. Muszynski,

Acting Regional Administrator, Region 2.

[FR Doc. 98–20772 Filed 8–3–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[IL–64–2–5807; FRL–6132–5]

RIN 2060–AF29

National Emission Standards for

Hazardous Air Pollutants for

Ferroalloys Production

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rules; notice of public

hearing.

SUMMARY: This action proposes national

emission standards for hazardous air

pollutants (NESHAP) for ferroalloys

production, which is comprised of

ferronickel production facilities and

ferromanganese, silicomanganese, and

ferrochromium production facilities.

The EPA has identified these facilities

as major sources of hazardous air

pollutant (HAP) emissions such as

nickel and manganese. Nickel

compounds such as nickel carbonyl and

nickel subsulfate are some of the most

toxic compounds of nickel. They can

affect the lungs and the kidneys.

Symptoms such as headaches, vomiting,

chest pains, dry coughing, and visual

disturbances have been reported from

short-term exposure in humans.

Additionally, human and animal studies

reveal an increased risk of lung and

nasal cancers from exposure to nickel

refinery dusts and nickel subsulfate.

Chronic exposure to nickel in humans

also results in respiratory effects such as

asthma due to primary irritation or an

allergic response, and an increased risk

of chronic respiratory tract infections.