[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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