[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53212-53213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25562]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-6443-7]
RIN 2060-AF04


National Emission Standard for Hazardous Air Pollutants; National 
Emission Standards for Radon Emissions From Phosphogypsum Stacks

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: This document contains a correcting amendment to the final 
regulations for the National Emission Standard for Radon Emissions from 
Phosphogypsum Stacks, 40 CFR Part 61, Subpart R, which were originally 
published Wednesday, February 3, 1999 (64 FR 5574). This final rule 
promulgated revisions to the National Emission Standard for Hazardous 
Air Pollutants (NESHAP) that set limits on radon emissions from 
phosphogypsum stacks; and raised the limit on the quantity of 
phosphogypsum that may be used in indoor laboratory research and 
development from 700 to 7,000 pounds per experiment, eliminating 
current sampling requirements for phosphogypsum used in indoor research 
and development, and clarifying sampling procedures for phosphogypsum 
removed from stacks for other purposes.

EFFECTIVE DATE: October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Eleanor Thornton-Jones, Office of 
Radiation and Indoor Air (6602J), at 202-564-9773.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that is the subject of this correction 
affects persons or facilities required to comply with all the 
limitations set forth in Sec. 61.205(b). In the rule published on 
February 3, 1999, Sec. 61.205 was amended by revising the section title 
and paragraphs (a) and (b).

Review Under Executive Order 12866

    Under Executive Order 12866, (58 FR 51736, October 4, 1993), this 
action is not a ``significant regulatory action'' and is not therefore 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive 
Order 13084 (63 FR 27655, May 10, 1998), 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.). This rule is also not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. 
EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in the February 3, 1999 Federal Register 
notice.
    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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective October 1, 1999.

[[Page 53213]]

Need for Correction

    As published, the final regulations contained an error which needs 
to be corrected.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Radon.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
    Accordingly, 40 CFR Part 61 is corrected by making the following 
correcting amendment:

PART 61--[AMENDED]

    1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7412, 7413, 7416, 7601 and 7602.


Sec. 61.205  [Amended]

    2. In Sec. 61.205, paragraph (a), in the second sentence 
``Sec. 61.206(b)'' is revised to read ``paragraph (b) of this 
section''.
[FR Doc. 99-25562 Filed 9-30-99; 8:45 am]
BILLING CODE 6560-50-P