[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Proposed Rules]
[Pages 36326-36328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17324]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5531-2]
Approval of State Programs and Delegation of Federal Authorities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action revises the ``Approval of State Programs and
Delegation of Federal Authorities'' (subpart E). These amendments are
being made to improve the clarity of subpart E. Because the amendments
clarify regulatory text and serve to minimize administrative burden and
provide more flexibility to States using this rulemaking, the Agency
does not
[[Page 36327]]
anticipate receiving adverse comments. Consequently the amendments are
also being issued as a direct final rule. If no significant, timely
adverse comments are received, no further activity is contemplated in
relation to this proposed rule and the direct final rule in the final
rules section of this Federal Register will automatically go into
effect on the date specified in this rule. If significant timely
comments are received on any amendment, that amendment of the direct
final rule will be withdrawn and all public comments received on that
amendment will be addressed in a subsequent final rule based on the
relevant portions of this proposed rule. Because the Agency will not
institute a second comment period on this proposed rule, any parties
interested in commenting should do so during this comment period.
DATES: Comments. Comments must be received on or before August 9, 1996,
unless a public hearing is requested by July 22, 1996. If a hearing is
requested, written comments must be received by August 26, 1996.
Public hearing. Anyone requesting a public hearing must contact the
EPA no later than July 22, 1996. If a hearing is held, it will take
place on July 25, 1996, beginning at 10 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-96-09 (see docket section below), Room M-
1500, U.S. EPA, 401 M Street, SW., Washington, DC 20460. The EPA
requests that a separate copy also be sent to the contact person listed
below.
Public hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Ms. Pamela J. Smith, U.S. EPA,
Research Triangle Park, North Carolina, 27711, telephone (919) 541-
5319.
Docket. Docket No. A-96-09, containing supporting information, is
available for public inspection and copying between 8:00 a.m. and 5:30
p.m., Monday through Friday, at the EPA's Air and Radiation Docket and
Information Center, Waterside Mall, Room M-1500, First Floor, 401 M
Street SW., Washington, DC 20460, or by calling (202) 260-7548 or 260-
7549. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Gil Wood at (919) 541-5272 or Ms.
Sheila Q. Milliken at (919) 541-2625 Integrated Implementation Group,
Information Transfer and Program Integration Division (MD-12), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711.
SUPPLEMENTARY INFORMATION: For further supplemental information, the
detailed rationale, and the rule amendments, see the information
provided in the direct final rule in the final rules section of this
Federal Register.
Paperwork Reduction Act
The information collection requirements of the previously
promulgated rulemaking on subpart E were submitted to and approved by
the Office of Management and Budget (OMB). A copy of this Information
Collection Request (ICR) document (with an OMB approval control number
2060-0264) may be obtained from the Regulatory Information Division
(Code 2136), U.S. Environmental Protection Agency, 401 M Street, SW.,
Washington, DC 20460 or by calling (202) 260-2740.
Today's changes to the rulemaking will have no significant impact
on the information collection burden estimates made previously.
Actually, the burden will be reduced slightly. Consequently, the
Information Collection Request has not been revised.
Executive Order 12866 Review
The subpart E rulemaking, promulgated on December 26, 1993 was
considered a ``significant regulatory action'' under Executive Order
12866 [58 FR 5173, dated October 4, 1993] and submitted to the OMB for
review. According to the executive order, a ``significant regulatory
action is one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, of State, local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This action is not considered a ``significant regulatory action''
within the meaning of this Executive Order. The amendments issued today
clarify the rule and add administrative requirements which increase the
flexibility to States in terms of gaining approval of their respective
State programs. The EPA concludes these amendments would have no
adverse impact and therefore, do not need to undergo OMB review.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
regulatory flexibility analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a regulatory flexibility analysis has not been
prepared.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Today's rule contains no Federal mandates (under the
regulatory provisions of title II of the UMRA) for State, local, or
tribal governments or the private sector. The UMRA generally excludes
from the definition of ``Federal intergovernmental mandate'' duties
that arise from participation in a voluntary Federal program. The EPA
has also determined that this rule does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and tribal governments, in the aggregate, or the private sector
in any one year. Thus, today's rule is not subject to the requirements
of sections 202 and 205 of the UMRA.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
[[Page 36328]]
Dated: June 26, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-17324 Filed 7-9-96; 8:45 am]
BILLING CODE 6560-50-P
