[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53212-53213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[FRL-6443-7]
RIN 2060-AF04
National Emission Standard for Hazardous Air Pollutants; National
Emission Standards for Radon Emissions From Phosphogypsum Stacks
AGENCY: Environmental Protection Agency.
ACTION: Final rule; correction.
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SUMMARY: This document contains a correcting amendment to the final
regulations for the National Emission Standard for Radon Emissions from
Phosphogypsum Stacks, 40 CFR Part 61, Subpart R, which were originally
published Wednesday, February 3, 1999 (64 FR 5574). This final rule
promulgated revisions to the National Emission Standard for Hazardous
Air Pollutants (NESHAP) that set limits on radon emissions from
phosphogypsum stacks; and raised the limit on the quantity of
phosphogypsum that may be used in indoor laboratory research and
development from 700 to 7,000 pounds per experiment, eliminating
current sampling requirements for phosphogypsum used in indoor research
and development, and clarifying sampling procedures for phosphogypsum
removed from stacks for other purposes.
EFFECTIVE DATE: October 1, 1999.
FOR FURTHER INFORMATION CONTACT: Eleanor Thornton-Jones, Office of
Radiation and Indoor Air (6602J), at 202-564-9773.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that is the subject of this correction
affects persons or facilities required to comply with all the
limitations set forth in Sec. 61.205(b). In the rule published on
February 3, 1999, Sec. 61.205 was amended by revising the section title
and paragraphs (a) and (b).
Review Under Executive Order 12866
Under Executive Order 12866, (58 FR 51736, October 4, 1993), this
action is not a ``significant regulatory action'' and is not therefore
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655, May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule is also not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O.
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
rule is not subject to E.O. 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
EPA's compliance with these statutes and Executive Orders for the
underlying rule is discussed in the February 3, 1999 Federal Register
notice.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective October 1, 1999.
[[Page 53213]]
Need for Correction
As published, the final regulations contained an error which needs
to be corrected.
List of Subjects in 40 CFR Part 61
Environmental protection, Air pollution control, Radon.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
Accordingly, 40 CFR Part 61 is corrected by making the following
correcting amendment:
PART 61--[AMENDED]
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7413, 7416, 7601 and 7602.
Sec. 61.205 [Amended]
2. In Sec. 61.205, paragraph (a), in the second sentence
``Sec. 61.206(b)'' is revised to read ``paragraph (b) of this
section''.
[FR Doc. 99-25562 Filed 9-30-99; 8:45 am]
BILLING CODE 6560-50-P
