[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Rules and Regulations]
[Pages 66392-66393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30782]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 257
[FRL-6481-3]
OMB Approval Numbers Under the Paperwork Reduction Act Relating
to the Criteria for Classification of Solid Waste Disposal Facilities
and Practices
AGENCY: Environmental Protection Agency (EPA).
ACTION: Technical amendment.
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SUMMARY: In compliance with the Paperwork Reduction Act, this notice
displays the Office of Management and Budget (OMB) control numbers
issued under the Paperwork Reduction Act (PRA) for the Criteria for
Classification of Solid Waste Disposal Facilities and Practices--
Subpart B. This document also announces the effective dates of certain
sections in the Code of Federal Regulations which contained information
collections requirements and which were originally published in the
Federal Register on July 1, 1996.
EFFECTIVE DATE: The amendment to 40 CFR 9.1 is effective November 26,
1999. 40 CFR 257.24, 257.25, and 257.27 became effective on September
12, 1996 when the Office of Management and Budget (OMB) approved their
information collection requirements.
FOR FURTHER INFORMATION CONTACT: Paul Cassidy of the Industrial and
Extractive Waste Branch, Office of Solid Waste at (703)-308-7281.
SUPPLEMENTARY INFORMATION: EPA is amending the table of currently
approved information collection request (ICR) control numbers issued by
OMB for various regulations. The amendment updates the table to list
those information collection requirements promulgated under the
Criteria for Classification of Solid Waste Disposal Facilities and
Practices--Subpart B which appeared in the Federal Register on July 1,
1996 (61 FR 34252); OMB approved the information collection
requirements on September 12, 1996 (ICR 1745.02). The affected
regulations are codified at 40 CFR Part 257--Subpart B. EPA will
continue to present OMB control numbers in a consolidated table format
to be codified in 40 CFR part 9 of the Agency's regulations, and in
each CFR volume containing EPA regulations. The table lists CFR
citations with reporting, recordkeeping, or other information
collection requirements, and the current OMB control numbers. This
display of the OMB control numbers and their subsequent codification in
the Code of Federal Regulations satisfies the requirements of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing
regulations at 5 CFR 1320. By this action EPA, is also announcing that
these sections, which contain information collection requirements,
became effective when approved by OMB on September 12, 1996.
This ICR was previously subject to public notice and comment prior
to OMB approval. Due to the technical nature of the table, further
notice and comment would be unnecessary. As a result, EPA finds that
there is ``good cause'' under section 553(b)(B) and (d)(3) of the
Administrative Procedure Act (5 U.S.C. 553(b)(B) and (d)(3)) to amend
this table without further notice and comment.
I. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
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 Procedures 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 also is 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 or saftey risks.
Congressional Review Act
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
[[Page 66393]]
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. Section 808 allows the
issuing agency to make a good cause finding that notice and public
procedure is impracticable, unnecessary or contrary to the public
interest. This determination must be supported by a brief statement. 5
U.S.C. 808(2). As stated previously, EPA has made such a good cause
finding, including the reasons therefor, and established an effective
date of November 26, 1999 for the amendment to 40 CFR 9.1. 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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 257
Reporting and recordkeeping requirements, Waste disposal.
Dated: November 12, 1999.
Timothy Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out in the preamble 40 CFR part 9 is amended as
follows:
PART 9--AMENDED
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657,
11023, 11048.
2. In Sec. 9.1, the table is amended by adding the new entries in
numerical order under the indicated heading to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
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OMB control
40 CFR citation No.
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Criteria for Classification of Solid Waste Disposal ...........
Facilities and Practices
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257.8...................................................... 2050-0154
257.21(b).................................................. 2050-0154
257.21(h).................................................. 2050-0154
257.23..................................................... 2050-0154
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257.30..................................................... 2050-0154
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[FR Doc. 99-30782 Filed 11-24-99; 8:45 am]
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