[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Rules and Regulations]
[Pages 3026-3028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 761

[OPPTS-66009D; FRL-6048-8]
RIN 2070-AC01


Confirmation of Approval and Technical Amendment To Update the 
EPA Listing of OMB Approval Numbers Under the Paperwork Reduction Act

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule; technical amendment.

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SUMMARY: This technical amendment updates the table that lists the 
control numbers issued by the Office of Management and Budget (OMB) to 
indicate the approval of an information collection related activity 
pursuant to the Paperwork Reduction Act (PRA). Specifically, this 
technical amendment confirms the effective date and incorporates into 
40 CFR part 9 the OMB approval number for the information collections 
contained in the final rule on the disposal of polychlorinated 
biphenyls (PCBs), which published in the Federal Register on June 29, 
1998 (63 FR 35384)(FRL-5726-1), and became effective on August 28, 
1998. EPA announced the approval of this ICR on October 26, 1998 (63 FR 
57123)(FRL-6180-2).
DATES: This technical amendment is effective January 20, 1999. The 
information collection requirements of 40 CFR 761.30, 761.35, 761.40, 
761.60, 761.61, 761.62, 761.65, 761.71, 761.72, 761.77, 761.79, 761.80, 
761.125, 761.180, 761.205, 761.253, 761.274, 761.295, 761.314, 761.357, 
7761.359, 761.395 and 761.398 became effective on September 9, 1998.
ADDRESSES: To obtain copies of EPA Form 7710-53, Notification of PCB 
Activity, and EPA Form 7720-12, PCB Transformer Registration, contact 
the TSCA Hotline by phone at (202) 554-1404, TDD (202) 544-0551, or by 
e-mail: TSCA-H[email protected]. For additional sources of these EPA 
Forms, see ``SUPPLEMENTARY INFORMATION.''
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (Mail Code: 7408), Office of 
Pollution Prevention and Toxics, Rm. E-543B, Environmental Protection 
Agency, 401 M St. SW, Washington, DC 20460, (202) 554-1404, TDD (202) 
544-0551, e-mail: TSCA-H[email protected]. For technical information: 
Peggy Reynolds, U.S. Environmental Protection Agency, (7404), 401 M 
St., SW., Washington, DC 20460; telephone: (202) 260-3965; fax: (202) 
260-1724; e-mail: ``[email protected]''.
SUPPLEMENTARY INFORMATION:

I. Does this Technical Amendment Apply to Me?

    You may be affected by this technical correction if you are 
required by the final PCB disposal rule to report certain PCB 
activities either to EPA or a third party and/or to maintain certain 
PCB records, if you own or operate a PCB Transformer and must register 
your transformers with EPA, or if you manage PCB waste and must notify 
EPA of your PCB waste activities. Regulated categories and entities may 
include, but are not limited to:

------------------------------------------------------------------------
                                                Examples of Regulated
                 Category                             Entities
------------------------------------------------------------------------
Industry..................................  Chemical manufacturers,
                                             electroindustry
                                             manufacturers, end-users of
                                             electricity, PCB waste
                                             handlers (e.g., storage
                                             facilities, landfills and
                                             incinerators), waste
                                             transporters, general
                                             contractors
------------------------------------------------------------------------
Utilities and rural electric cooperatives.  Electric power and light
                                             companies
------------------------------------------------------------------------
Individuals, Federal, State, and Municipal  Individuals and agencies
 Governments.                                which own, process,
                                             distribute in commerce,
                                             use, and dispose of PCBs
------------------------------------------------------------------------

This table is not exhaustive, but lists the types of entities that 
could potentially be regulated by this action. Other types of entities 
may also be interested in this technical correction. To determine 
whether your entity is regulated by this action, carefully examine the 
provisions in the disposal of polychlorinated biphenyls rule (63 FR 
35384, June 29, 1998). If you have any questions regarding the 
applicability of this action to a particular entity, you should consult 
the applicable regulations, or the technical contact listed in the 
``FOR FURTHER INFORMATION CONTACT'' section.

II. How Can I Get Additional Information, Copies of this Document, 
and Support Documents?

    1.  Electronically. You may obtain electronic copies of this 
document and EPA Forms 7710-53 and 7720-12 from the EPA Home Page at 
http://www.epa.gov/fedrgstr/EPA-TOX/1998/ under the ``Federal Register-
-Environmental Documents'' listing and the date of publication of this 
document in the Federal Register. You may also obtain copies of the EPA 
Forms from EPA's PCB Home Page (http://www.epa.gov/opptintr/PCB) under 
PCB Waste Handlers.
    2.  Fax-on-Demand. You may request to receive a faxed copy of the 
EPA forms by using a faxphone to call 202-401-0527 and selecting item 
4047 for a copy of EPA Form 7710-53--Notification of PCB Activity, and 
item number 4048 for EPA Form 7720-12--PCB Transformer Registration.
    3. In person. The official record for this technical amendment, 
including the public version, has been established under docket control 
number OPPTS-66009D. The official record also includes all material and 
submissions filed under docket control number OPPTS-66009C, the record 
for the referenced final rule. The public version of the record, 
including printed, paper versions of any electronic comments, which 
does not include any information claimed as confidential business 
information (CBI), is available for inspection in the TSCA 
Nonconfidential Information Center, Rm. NE B-607, 401 M St., SW., 
Washington, DC. The Center is open from 12 noon to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number of the 
Center is (202) 260-7099.

III. What Does this Technical Correction Do?

    EPA is amending the table of currently approved information 
collection request (ICR) control numbers issued by OMB for various 
regulations,

[[Page 3027]]

which appears at 40 CFR part 9. This correction updates the table to 
include the OMB approval number related to a final rule issued on June 
29, 1998 (63 FR 35384), which amended the regulations affecting, among 
other things, the disposal of polychlorinated biphenyls (PCBs). The 
effective date for the rule was August 28, 1998. At publication, OMB 
had not officially approved the information collection request for the 
PCB disposal rule. Under the PRA, an agency may not conduct or sponsor, 
and a person is not required to respond to a collection of information 
unless it displays a currently valid OMB control number. On September 
9, 1998, OMB approved the information collection for a 3-year period 
and assigned it the clearance number of 2070-0159. In addition to the 
display of the OMB control number on the forms, this display of the OMB 
control number and its subsequent codification in the Code of Federal 
Regulations satisfies the requirements of the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR 
part 1320.
    The OMB approval numbers being incorporated into 40 CFR part 9 are 
for the information collection requirements in the PCB disposal rule 
published at 61 FR 35384, June 29, 1998. This document serves to 
confirm the approval of those information collection requirements in 40 
CFR 761.30, 761.35, 761.40, 761.60, 761.61, 761.62, 761.65, 761.71, 
761.72, 761.77, 761.79, 761.80, 761.125, 761.180, 761.205, 761.253, 
761.274, 761.295, 761.314, 761.357, 7761.359, 761.395 and 761.398 which 
became effective on September 9, 1998.

 IV. Why Is this Technical Correction Issued as a Final Rule?

    The ICR itself was subject to public notice and comment in 
conjunction with the rulemaking, which occurred prior to submission of 
the final ICR to OMB and OMB's 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.

V. What Actions Were Required by the Various Regulatory Assessment 
Mandates?

     This final rule does not impose any requirements. It only 
implements a technical correction to the Code of Federal Regulations 
(CFR). As such, this action does not require review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive 
Order 13045, entitled Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997). For the same 
reason, it does not require any action under Title II of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Pub.L. 104-4), or Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994). In addition, since this type of action does not require any 
proposal, no action is needed under the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.).

VI. Are there Any Impacts on Tribal, State and Local Governments?

A. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing Intergovernmental 
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments. If the mandate is unfunded, EPA must 
provide to the OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

B. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

VII. Submission to Congress and the General Accounting Office

    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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the Congressional Review 
Act if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary or contrary to the public 
interest. 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. 
As previously stated, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of January 20, 
1999. 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

[[Page 3028]]

publication of this rule in the Federal Register. This is a technical 
correction to the CFR and is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

    40 CFR Part 9
    Environmental protection, Reporting and recordkeeping requirements.
    40 CFR Part 761
    Environmental protection, Hazardous substances, Labeling, 
Polychlorinated biphenyls(PCBs), Reporting and recordkeeping 
requirements.

    Dated: January 5, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR chapter I is amended as follows:

PART 9--[AMENDED]

    1. In part 9:
    a. 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, 300g4, 300g5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


    b. Section 9.1 is amended by adding new entries to the table in 
section number order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

*    *    *    *    *

------------------------------------------------------------------------
                                                            OMB control
                     40 CFR Citation                            No.
------------------------------------------------------------------------
 
Polychlorinated Biphenyls (PCBs)----------------------------------------
 Manufacturing,Processing, Distribution in Commerce and
 Use Prohibitions.......................................
------------------------------------------------------------------------
 
                      *      *      *      *      *
761.30(a)(1)(vi) and (xii)..............................       2070-0159
761.30(h)(1)(ii) and (iii)..............................       2070-0159
761.30(i)...............................................       2070-0159
761.30(t)(3)............................................       2070-0159
761.35..................................................       2070-0159
761.40(k) and (l).......................................       2070-0159
761.60(b)(5)............................................       2070-0159
761.60(j)...............................................       2070-0159
761.61..................................................       2070-0159
761.62..................................................       2070-0159
761.65(a)(2) - (4)......................................       2070-0159
761.65(c)(1)(iv), (c)(5), (c)(6) and (c)(8).............       2070-0159
761.65(g)(9)............................................       2070-0159
761.65(j)...............................................       2070-0159
 
                      *      *      *      *      *
761.71..................................................       2070-0159
761.72..................................................       2070-0159
 
                      *      *      *      *      *
761.77..................................................       2070-0159
 
                      *      *      *      *      *
761.79(d)...............................................       2070-0159
761.79 (f)..............................................       2070-0159
761.79 (h)..............................................       2070-0159
761.80(e)...............................................       2070-0159
761.80(i)...............................................       2070-0159
 
                      *      *      *      *      *
761.125(a)(1)...........................................       2070-0159
761.180(a)(1)(iii)......................................       2070-0159
761.180(a)(2)(ix).......................................       2070-0159
761.180(a)(4)...........................................       2070-0159
761.180(b)(1)(iii)......................................       2070-0159
761.180(b)(3)...........................................       2070-0159
 
                      *      *      *      *      *
761.205(f)..............................................       2070-0159
 
                      *      *      *      *      *
761.253.................................................       2070-0159
761.274.................................................       2070-0159
761.295.................................................       2070-0159
761.314.................................................       2070-0159
761.357.................................................       2070-0159
761.359.................................................       2070-0159
761.395.................................................       2070-0159
761.398.................................................       2070-0159
 
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[FR Doc. 99-1252 Filed 1-19-99; 8:45 am]
BILLING CODE 6560-50-F