Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules 62789

5. 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 Tribe or State

submittal which is the subject of this

rule is based upon 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 established by

SMCRA or previously promulgated by

OSM will be implemented by the Tribe

or State. In making the determination as

to whether this rule would have a

significant economic impact, the

Department relied upon the data and

assumptions in the analyses for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation

programs, Indian lands, Surface mining,

Underground mining.

Dated: November 29, 1995.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–29877 Filed 12–6–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 906

[SPATS No. CO–029–FOR]

Colorado Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Colorado

regulatory program (hereinafter, the

‘‘Colorado program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to and

additions of rules pertaining to

Colorado’s responsibility as regulatory

authority for regulating surface coal

mining and reclamation operations and

coal exploration; definitions;

commercial use or sale of coal extracted

during coal exploration; public

availability of information; right of entry

and operation information; public

notice and comment on permit

applications; procedures for review of

permit applications; criteria for permit

approval or denial; permit conditions;

permit revisions; allowance of selfbonds; terms and conditions for selfbonds; criteria and schedule for release

of performance bonds; termination of

jurisdiction; performance standards for

signs and markers, haul and access

roads, effluent standards for discharges

of water from areas disturbed by surface

coal mining and reclamation operations,

blasting, and coal mine waste returned

to underground mine workings;

inspection frequency at abandoned

sites; inspections based upon citizen

requests; enforcement actions at

abandoned sites; show cause orders and

patterns of violations involving

violations of water quality effluent

standards; and award of costs and

expenses including attorney’s fees. The

amendment is intended to revise the

Colorado program to be consistent with

the corresponding Federal regulations,

incorporate the additional flexibility

afforded by the revised Federal

regulations, and improve operational

efficiency.

DATES: Written comments must be

received by 4 p.m., m.s.t. January 8,

1996. If requested, a public hearing on

the proposed amendment will be held

on January 2, 1996. Requests to present

oral testimony at the hearing must be

received by 4 p.m., m.s.t., on December

22, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to James F.

Fulton at the address listed below.

Copies of the Colorado 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 Denver Field

Division.

James F. Fulton, Chief, Denver Field

Division, Western Regional

Coordinating Center, Office of Surface

Mining Reclamation and

Enforcement, 1999 Broadway, Suite

3300, Denver, CO 80202

Colorado Division of Minerals and

Geology, Department of Natural

Resources, 215 Centennial Building,

1313 Sherman Street, Denver,

Colorado 80203, Telephone: (303)

866–3567.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, telephone: (303) 672–

5524.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the Colorado program. General

background information on the

Colorado program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Colorado program can

be found in the December 15, 1980,

Federal Register (45 FR 82173).

Subsequent actions concerning

Colorado’s program and program

amendments can be found at 30 CFR

906.11, 906.15, 906.16, and 906.30.

II. Proposed Amendment

By letter dated November 20, 1995,

Colorado submitted a proposed

amendment to its program

(administrative record No. CO–676)

pursuant to SMCRA (30 U.S.C. 1201 et

seq.).

Colorado submitted the proposed

amendment at its own initiative; in

partial response to May 7, 1986, and

March 22, 1990, letters (administrative

record No. CO–282 and CO–496) that

OSM sent to Colorado in accordance

with 30 CFR 732.17(c); and in response

to (1) the condition of Colorado’s

program approval at 30 CFR 906.11(mm)

and (2) the requirement that Colorado

amend its program at 30 CFR 906.16(a).

Colorado proposes for the following

provisions of 2 CCR 407–2, Rules and

Regulations of the Colorado Mined Land

Reclamation Board for Coal Mining:

Revisions at Rule 1.03.1(1)(a) to

clarify that Colorado’s responsibility for

the regulation of surface coal mining

and reclamation operations and coal

exploration includes, among other

things, approval or disapproval of

revisions and renewals of existing

permits;

Recodification of existing Rule 1.04(1)

as Rule 1.04(1a), and addition at Rule

1.04(1) of a definition for ‘‘Abandoned

site’’ to identify (1) those sites which

could have a decreased frequency of

inspection under proposed Rule

5.0202(8) and (2) the enforcement

provisions applicable to sites which

meet the conditions of the definition;

Addition at Rule 1.04(31a) of a

definition for ‘‘Current assets’’ to mean

‘‘cash or other assets or resources which

are reasonably expected to be converted

to cash or sold or consumed within one

year or within the normal operating

cycle of the business;’’

Addition at Rule 1.04(31b) of a

definition for ‘‘Current liabilities’’ to

mean ‘‘obligations which are reasonably

expected to be paid or liquidated within
62790 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules

one year or within the normal operating

cycle of the business;’’

Addition at Rule 1.04(47a) of a

definition for ‘‘Fixed assets’’ to mean

‘‘plants and equipment, but does not

include land or coal in place;’’

Revision at Rule 1.04(71a) of the

definition for ‘‘Net worth’’ to mean

‘‘total assets minus total liabilities and

is equivalent to owners’ equity;’’

Addition at Rule 1.04(83b) of a

definition for ‘‘Parent corporation’’ to

mean ‘‘a corporation which owns or

controls the applicant;’’

Revision at Rule 1.04(89) of the

definition for ‘‘Permit area’’ to require

that the area ‘‘be identified through a

complete and detailed legal

description’’ as required by Rule 2.03.6;

Revision at Rule 1.04(92) of the

definition for ‘‘Person’’ to clarify that it

applies to listed entities conduction

‘‘surface coal mining and reclamation

operations outside Indian lands;’’

Addition at Rule 1.04(116) of a

definition for ‘‘Self-bond’’ to mean ‘‘an

indemnity agreement in a sum certain

executed by the applicant or by the

applicant and any corporate guarantor

and made payable to the regulatory

authority, with or without separate

surety;’’

Addition at Rule 1.04(135a) of a

definition for ‘‘Tangible net worth’’ to

mean ‘‘net worth minus intangibles

such as goodwill and rights to patents

or royalties;’’

Recodification of existing Rule 2.02.7,

concerning public availability of

information, as Rule 2.02.8 and (1)

addition of Rule 2.02.7(1), which

requires that persons who intend to

commercially use or sell coal extracted

during coal exploration operations to

first obtain a permit to conduct a surface

coal mining operation, and (2) addition

of Rule 2.02.7(2) which provides that no

such permit need be obtained if the

applicant demonstrates as set forth in

the rule that such sale or commercial

use of the extracted coal would be for

testing purposes only;

Revision of Rule 2.03.3(8) to require

that an applicant file three, rather than

five, reproducible copies of the

complete permit application with

original signatures;

Revision of Rule 2.03.4(10),

concerning information required by

Rules 2.03.4 and 2.03.5, to delete the

requirement that the information be

submitted ‘‘on a form approved by the

Board;’’

Revision of Rule 2.03.6(1) to require

that each permit application contain a

‘‘complete and detailed legal

description of all lands within the

proposed permit boundary,’’ and

clarification that it also contain a

‘‘statement as to’’ whether the right

upon which the applicant bases his or

her legal right to enter and begin surface

coal mining operations in the permit

area is the subject of pending litigation;

Revision of Rule 2.07.3(2), concerning

public notice of a proposed surface coal

mining operation, to clarify that the rule

applies not only to applications for a

new permit but also to applications for

a permit revision, a technical revision,

or a renewal of an existing permit;

Revision of Rules 2.07.3(2) (e) and (f),

concerning proposed permits in which,

respectively, either the affected area

would be within 100 feet of the outside

right-of-way of a public road or the

applicant seeks relocation or closure of

a public road, to add the requirement

that the public notice for the permit

application include a ‘‘statement

indicating that a public hearing in the

locality of the proposed mining

operation for the purpose of

determining whether the interests of the

public and affected landowners will be

protected may be requested by

contacting the Division in writing

within 30 days after the last publication

of the notice;’’

Revision of Rules 2.07.3(3)(a) and

(3)(a)(iii) to clarify that Colorado will,

upon receipt of a complete application

for a ‘‘technical revision,’’ issue written

notification of where a copy of the

application may be ‘‘inspected’’ rather

than ‘‘submitted;’’

Revision of Rule 2.07.3(4)(a) ,

concerning the requirement that the

applicant make a copy of his or her

complete application, excluding

confidential information, available for

the public to inspect or copy, to clarify

that the rule applies to an application

for a technical revision;

Revision of Rule 2.07.4(2), concerning

the procedures applicable to Colorado’s

proposed decision, to clarify that the

rule applies to decisions on applications

for a permit, permit revision, or permit

renewal;

Revision of Rule 2.07.4(3)(b) to state

that if Colorado approves the granting of

a permit, the permit will be issued

‘‘upon filing and approval of the

performance bond pursuant to

2.07.4(2)(e);’’

Revision of Rule 2.07.4(3)(c),

concerning Colorado’s issue and

implementation of a proposed decision

on an application package as final, to

require that no permit shall be issued

until the applicant has filed a

performance bond that has been

approved;

Addition at Rule 2.07.5(2)(c),

concerning public availability of

information in permit applications and

information required by Rules 2.07.5(1)

(b) and (c) to be kept confidential, of the

requirement that information requested

to be held as confidential shall not be

made publicly available until after the

notice and opportunity to be heard is

afforded both persons seeking

disclosure and those persons opposing

disclosure of information and such

information is determined by Colorado

not to be confidential, proprietary

information;

Revision of Rule 2.07.6(2), concerning

criteria for permit approval, to clarify

that the rule applies to an application

for a permit revision;

Revision of Rules 2.07.6(2)(d) and

2(d)(iii)(E), concerning the findings that

must be made by Colorado prior to

approval of an application for a permit

or a permit revision, to clarify that the

rules apply to the area affected by the

proposed surface coal mining operations

rather than to the proposed operation or

proposed permit area;

Revision of Rules 2.07.6(2)(d)(iv) (A)

through (C), concerning proposals to

either relocate or close public roads, or

to allow the affected area to be within

100 feet of a public road, to require that

Colorado, or the appropriate public road

authority designated as the responsible

agency by Colorado, (1) provide

opportunity for a public hearing and

public notice if a hearing is requested

and (2) if a hearing is held, make a

written finding within 30 days of the

close of the hearing as to whether the

interests of the public and the affected

landowners will be protected;

Revision of Rule 2.07.6(2)(d)(iv)(D), to

require, whether a public hearing is

held or not, that no affected area shall

be allowed within 100 feet of the

outside right-of-way line of a public

road, nor may a public road be relocated

or closed, unless the applicant has

obtained all necessary approval of the

authority with jurisdiction over the

public road, and that Colorado or the

public road authority has made a

written finding that the interests of the

public and the affected landowners will

be protected;

Revision of Rule 2.07.7, concerning

conditions of each permit issued by

Colorado, to add at Rules 2.07.7 (6), (7),

(8), and (9), conditions requiring that a

permittee shall, respectively, (1)

conduct operations only on lands

specifically designated as the permit

area and contain areas disturbed and

affected within the boundaries

authorized on permit application maps

for the term of the permit and on areas

subject to a performance bond; (2)

conduct all operations only as described

in the approved application, except as

otherwise directed by Colorado in the

permit; (3) comply with the terms and
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules 62791

conditions of the permit, all applicable

performance standards of the Act, and

the requirements of Colorado’s rules;

and (4) maintain continuous,

uninterrupted bond coverage in

adequate amount;

Revision of Rule 2.08.4 to clarify by

reorganization of Rules 2.08.4 (1)

through (3) the types of permitting

modifications pertinent to, respectively,

permit revisions, technical revisions,

and minor revisions, and to state at Rule

2.08.4(4) that the operator may not

implement any permit revision,

technical revision, or minor revision

prior to obtaining final approval;

Deletion of Rule 2.08.4(1)(c), which

provided allowance for a permit

revision in order to continue operation

after the cancellation or material

reduction of the liability insurance

policy, capability of self-insurance, or

performance bond, upon which the

original permit was issued;

Recodification of existing Rules 2.08.4

(4) and (5) as Rules 2.08.4 (5) and (6),

and revision of Rule 2.08.4(6)(b)(i) to

specify that availability of the informal

conference process need not be

included in the newspaper

advertisement for a technical revision;

Addition to Rule 2.08.4(6)(b)(ii) to

provide a 10-day public comment

period on technical revision

applications;

Recodification of existing Rule

2.08.4(6)(b)(ii) as Rule 2.08.4(6)(b)(iii)

and revision of it to delete the statement

that the ‘‘requirements of the State

Administrative Procedure Act shall not

apply to the conduct of the public

hearing’’ provided for by the rule;

Revision of Rule 2.08.6(4)(a),

concerning findings made upon permit

transfer, sale, or assignment of rights, to

correctly cite the reference to Rule

2.07.6(2)(h);

Revision of Rule 3.02.4(1)(c) to

provide for a self-bond as an acceptable

form of performance bond;

Revision of Rule 3.02.4(2)(e) to

identify at (1) Rule 3.02.4(2)(e)(i) the

conditions for a self-bond that must be

met by the applicant or its corporate

guarantor; (2) Rule 3.02.4(2)(e)(ii) the

terms of a corporate guarantee for an

applicant’s self-bond based on a parent

corporate guarantor; (3) Rule

3.02.4(2)(e)(iii) the terms of a nonparent

corporate guarantee for an applicant’s

self-bond based on any corporate

guarantor; (4) Rule 3.02.4(2)(e)(iv) the

percent net worth of the applicant,

parent corporate guarantor, or

nonparent corporate guarantor

necessary to support the total amount of

the outstanding and proposed selfbonds; (5) Rule 3.02.4(2)(e)(v) the terms

of an indemnity agreement if Colorado

accepts an applicant’s self-bond; (6)

Rule 3.02.4(2)(e)(vi) the right of

Colorado to require updated information

within 90 days after the close of each

fiscal year following the issuance of a

self-bond or corporate guarantee; and (7)

Rule 3.02.4(2)(e)(vii) the requirement

that if at any time during the period

when a self-bond is posted, the certain

financial conditions of the applicant,

parent or nonparent corporate

guarantors change, the permittee shall

notify Colorado immediately and shall

within 90 days post an alternate form of

bond in the same amount of the selfbond and that the provisions of Rule

3.02.4(2)(b)(v) shall apply should the

permittee fail to do so;

Addition of Rule 3.03.1(5) to specify

terms for release of bond liability on

areas associated with temporary

drainage and sediment control facilities

and clarify that the bond liability period

does not restart when sediment control

facilities are removed and reclaimed;

Addition of Rule 3.03.3 to provide for

termination of jurisdiction over a

reclaimed site of a completed surface

coal mining and reclamation operation;

Recodification of Rules 4.02.2(2)(a)

and (b) to add paragraph (c) which

requires that the name, address, and

telephone number of the Colorado

Division of Minerals and Geology be

included on mine identification signs

which are posted at the entrance to

mine sites;

Revision of Rules 4.03.1(d) and

4.03.2(1)(f) to require a showing that a

road meets the performance standards of

Rules 4.03.1 and 4.03.2, respectively,

rather than an engineer’s construction or

reconstruction certification for haul and

access roads not within the disturbed

area for which the construction or

reconstruction was complete prior to

August 1, 1995;

Revision of Rule 4.05.2(7), concerning

discharges of water from areas disturbed

by surface coal mining and reclamation

operations, to reference the

Environmental Protection Agency

effluent limitations at 40 CFR Part 434;

Revision of Rule 4.08.3(2)(b)(i) to

remove the provision forbidding a

blasting area in excess of 300 acres;

Revision of Rule 4.11.3, concerning

coal mine waste returned to

underground mine workings, to

reference Rule 2.05.3(9);

Revision of Rule 5.02.2(4)(b) to clarify

that an inactive site is one for which at

least 85, rather than 100, percent of the

performance bond has been released;

Addition of Rule 5.02.2(8) to allow for

a decreased inspection frequency on

abandoned sites which would be subject

to public notice and opportunity for

comment and based on assessment of

earthen structures, erosion and

sediment control, proximity to occupied

dwellings, schools and other public or

commercial buildings, the degree of

stability of reclaimed and/or

unreclaimed areas, and the rate at which

adverse environmental or public health

and safety conditions have and can be

expected to progressively deteriorate;

Revision of Rule 5.02.5(1) to allow

any person believing that a violation of

‘‘the Act, the rules, or the permit, or if

imminent danger or harm exists’’ to

request an inspection, and revision of

Rule 5.02.5(1)(a) to set forth specific

time frames in which the inspection is

to be conducted;

Addition of Rules 5.03.2(1)(e) and

5.03.2(2)(h), concerning cessation orders

and notices of violation, to allow

Colorado to refrain from issuing a

cessation order or a notice of violation

for a violation at an abandoned site, if

abatement of the violation is required

under any previously issued order or

notice;

Revision of Rule 5.03.2(3) to allow

Colorado to refrain from issuing a

failure-to-abate cessation order for

failure to abate a violation or failure to

accomplish an interim step, if the

operation is an abandoned site;

Revision of Rules 5.03.3.1 (1)(a), (2)(a)

(i) and (ii), and (2)(b), concerning show

cause orders and patterns of violations,

to incorporate notices of violation

issued by the Colorado Department of

Health, Water Quality Control Division

(which cite a one day exceedance of

EPA’s effluent standards referenced in

Rule 4.05.2) into Colorado’s pattern of

violation and show cause process;

Revision of Rule 5.03.6, concerning

costs, expenses, and attorney’s fees, to

include wording in the introductory

paragraph specifying that any sum

awarded for costs and expenses may

include those costs and expenses

incurred in seeking the award; and

Addition of Rule 5.03.6(4)(e) to

provide that appropriate costs and

expenses including attorney’s fees may

be awarded from Colorado to ‘‘any

person, other than a permittee or his

representative, who initiates or

participates in any administrative

proceeding under the Act, and who

prevails in whole or in part, achieving

at least some degree of success on the

merits, upon a finding that such person

made a substantial contribution to a full

and fair determination of the issues.’’

Colorado also proposes minor

editorial revisions at Rule 2.07.7(1),

concerning permit conditions; Rule

2.08.6(2)(b)(iii), concerning transfer,

assignment, or sale of permit rights; and

Rule 4.08.4(10), concerning the table
62792 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules

showing the maximum peak particle

velocity in blasting operations.

III. 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

Colorado program.

1. 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 Denver Field Division

will not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.s.t., on December 22, 1995. 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. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to testify 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 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

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representative 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

1. 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).

2. Executive Order 12778

The Department of the interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that 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

the Federal regulations at 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.

3. 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 of 1969 (42

U.S.C. 4332(2)(C)).

4. 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.).

5. 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

that 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.

List of Subjects in 30 CFR Part 906

Intergovernmental relations, Surface

mining, Underground mining.

Dated: November 30, 1995.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–29875 Filed 12–6–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[Region II Docket No. 146, SIPTRAX NJ23–

1–7243(b); FRL–5322–3]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of New Jersey;

Revised Policy Regarding Applicability

of Oxygenated Fuels Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a request made by the New Jersey

Department of Environmental Protection

(NJDEP) to redesignate Camden County

and nine not-classified areas, which

includes the City of Atlantic City, the

City of Burlington, the Borough of

Freehold, the City of Morristown, the

Borough of Penns Grove (part), the City

of Perth Amboy, the Borough of

Somerville, the City of Toms River, and

the City of Trenton, from nonattainment

to attainment for carbon monoxide (CO).

EPA’s determination to approve New

Jersey’s request is based on the fact that

New Jersey demonstrates compliance

with the requirements of section

107(d)(3)(E) of the Clean Air Act (CAA)

for redesignation. EPA is also proposing

to approve the Camden County and the

nine not-classified CO maintenance

plans submitted by NJDEP because EPA