[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Rules and Regulations]
[Pages 44131-44132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-6142-9]


OMB Approval Numbers Under the Paperwork Reduction Act; Standards 
of Performance for New Stationary Sources and Guidelines for Control of 
Existing Sources: Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
technical amendment amends the table that lists the Office of 
Management and Budget (OMB) control numbers issued under the PRA for 
the Standards of Performance for New Stationary Sources and Guidelines 
for Control of Existing Sources: Municipal Solid Waste Landfills.


[[Page 44132]]


EFFECTIVE DATE: This final rule is effective September 17, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Laur, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5256.

SUPPLEMENTARY INFORMATION: EPA is today amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. Today's amendment updates the table to 
list those information requirements promulgated under the Standards of 
Performance for New Stationary Sources and Guidelines for Control of 
Existing Sources: Municipal Solid Waste Landfills which appeared in the 
Federal Register on June 16, 1998 (63 FR 32743). The affected 
regulations are codified at 40 Code of Federal Regulations (CFR) part 
60. The EPA will continue to present OMB control numbers in a 
consolidated table format to be codified in 40 CFR part 9 of the EPA's 
regulations, and in each CFR volume containing EPA regulations. The 
table lists the section numbers with reporting and recordkeeping 
requirements, and the current OMB control numbers. This listing of the 
OMB control numbers and their subsequent codification in the CFR 
satisfy the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) and OMB's implementing regulations at 5 CFR part 1320.
    This ICR was previously subject to public notice and comment prior 
to OMB approval. As a result, EPA finds that there is ``good cause'' 
under section 553(b)(B) of the Administrative Procedure Act (5 U.S.C. 
553(b)(B)) to amend this table without prior notice and comment. Due to 
the technical nature of the table, further notice and comment would be 
unnecessary.
    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 or contain any 
unfunded mandate as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4), or require prior consultation with State 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), 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 Procedure 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.).
    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 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. However, section 808 provides that any rule for which 
the issuing agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rule) that notice and 
public procedure thereon are impracticable, unnecessary or contrary to 
the public interest, shall take effect at such time as the agency 
promulgating the rule determines. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefore, and established an effective date of September 17, 
1998. The 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 rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 31, 1998.
Jack Edwardson,
Acting Director, Emission Standards Division.

    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, 1318, 1321, 1326, 1330, 
1342, 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. Section 9.1 is amended by adding the new entries in numerical 
order under the indicated heading in the table to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

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                                                             OMB control
                      40 CFR citation                           No.\1\  
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                  *        *        *        *        *                 
Standards of Performance for New Stationary Sources \1\                 
                                                                        
                  *        *        *        *        *                 
60.35c.....................................................    2060-0220
                                                                        
                  *        *        *        *        *                 
60.757.....................................................    2060-0220
60.758.....................................................    2060-0220
                                                                        
                 *        *        *        *        *                  
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\1\ The ICRs referenced in this section of the table encompass the      
  applicable general provisions contained in 40 CFR part 60, subpart A, 
  which are not independent information collection requirements.        

[FR Doc. 98-22199 Filed 8-17-98; 8:45 am]
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