[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 If significant timely comments are received on any amendment, that amendment of the direct final rule will be withdrawn and all public comments received on that amendment will be addressed in a subsequent final rule based on the relevant portions of this proposed rule.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