[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Rules and Regulations]
[Pages 40053-40054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19933]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-6129-1]
RIN 2060-AF70
Extension of Operating Permits Program Interim Approval
Expiration Dates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes to amend Appendix A of the operating
permits regulations codified in part 70 of chapter I of title 40 of the
Code of Federal Regulations. Those regulations were originally
promulgated on July 21, 1992. These amendments to Appendix A would
extend up to June 1, 2000 all operating permits program interim
approvals. This action would allow the program revisions necessary to
correct interim approval deficiencies to be combined with program
revisions necessary to implement the revisions to part 70 that are
anticipated to be promulgated in December 1999.
DATES: Comments. Comments must be received on or before August 26,
1998. For those programs whose interim approval dates would be amended
by this action, interim approval would expire on June 1, 2000.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-93-50 (see docket section below), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460. The EPA requests that a separate copy also be sent to the
contact person listed below.
Docket. Supporting material used in developing the proposal and
final regulatory revisions is contained in Docket Number A-93-50. This
docket is available for public inspection and copying between 8:30 a.m.
and 5:30 p.m., Monday through Friday, at the address listed above, or
by calling (202) 260-7548. The Docket is located at the above address
in Room M-1500, Waterside Mall (ground floor). A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Roger Powell, Mail Drop 12, United
States Environmental Protection Agency, Office of Air Quality Planning
and Standards, Information Transfer and Program Integration Division,
Research Triangle Park, North Carolina 27711 (telephone 919-541-5331,
e-mail: [email protected]).
SUPPLEMENTARY INFORMATION: If no relevant, adverse comments are timely
received, no further activity is contemplated in relation to this
proposal, and the direct final rule in the final rules section of this
Federal Register will automatically go into effect on the date
specified in that final rulemaking. Public comment received will be
addressed in a subsequent final rule based on this proposal. Because
EPA will not institute a second comment period on this proposal, any
parties interested in commenting should do so during this comment
period.
For further supplemental information, the detailed rationale, and
the rule provisions, see the information provided in the direct final
rule in the final rules section of this Federal Register.
Administrative Requirements
A. Docket
The docket for this proposed action is A-93-50. The docket is an
organized and complete file of all the information submitted to, or
otherwise considered by, EPA in the development of this proposed
rulemaking. The principal purposes of the docket are: (1) to allow
interested parties a means to identify and locate documents so that the
parties can effectively participate in the rulemaking process, and (2)
to serve as the record in case of judicial review (except for
interagency review materials). The docket is available for public
inspection at EPA's Air Docket, which is listed under the ADDRESSES
section of this notice.
B. Executive Order (E.O.) 12866
Under E.O. 12866 (58 FR 51735, October 4, 1993), the Agency must
determine whether each regulatory action is ``significant,'' and
therefore subject to the Office of Management and Budget (OMB) review
and the requirements of the Order. The Order defines ``significant''
regulatory action as one that is likely to lead to a rule that may:
1. Have an annual effect on the economy of $100 million or more,
adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or 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 obligation of recipients
thereof.
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.
Pursuant to the terms of E.O. 12866, it has been determined that
this proposed action is not a ``significant'' regulatory action because
it would not substantially change the existing part 70 requirements for
States or sources; requirements which have already undergone OMB
review. Rather than impose any new requirements, this action would only
extend an existing mechanism. As such, this action is exempted from OMB
review.
C. Regulatory Flexibility Act Compliance
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Administrator certifies that this proposed action
would not have a significant economic impact on a substantial number of
small entities. In developing the original part 70 regulations, the
Agency determined that they would not have a significant economic
impact on a substantial number of small entities. Similarly, the same
conclusion was reached in an initial regulatory flexibility analysis
performed in support of the proposed part 70 revisions. This action
would not substantially alter the part 70 regulations as they pertain
to small entities and accordingly would not have a significant economic
impact on a substantial number of small entities.
D. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in part 70 under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et. seq. and has assigned OMB control number 2060-
0243. The Information Collection Request (ICR) prepared for part 70
would not be affected by the action in this proposed rulemaking action
because the part 70 ICR determined burden on a nationwide basis,
assuming
[[Page 40054]]
all part 70 sources were included without regard to the approval status
of individual programs. The action in this proposed rulemaking action,
which would simply provide for an extension of the interim approval of
certain programs, would not alter the assumptions of the approved part
70 ICR used in determining the burden estimate. Furthermore, this
proposed action would not impose any additional requirements which
would add to the information collection requirements for sources or
permitting authorities.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
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 1
year.
The EPA has determined that the action in this proposed rulemaking
notice would 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 1 year.
Although the part 70 regulations governing State operating permit
programs impose significant Federal mandates, this proposed action
would not amend the part 70 regulations in a way that would
significantly alter the expenditures resulting from these mandates.
Therefore, the Agency concludes that it is not required by section 202
of the UMRA of 1995 to provide a written statement to accompany this
proposed regulatory action.
F. Applicability of Executive Order 13045
Executive Order 13045 applies to any rule that EPA determines (1)
``economically significant'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not an
economically significant regulatory action as defined by Executive
Order 12866, and it does not address an environmental health or safety
risk that would have a disproportionate effect on children.
Dated: July 17, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-19933 Filed 7-24-98; 8:45 am]
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