[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Rules and Regulations]
[Pages 66392-66393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 257

[FRL-6481-3]


OMB Approval Numbers Under the Paperwork Reduction Act Relating 
to the Criteria for Classification of Solid Waste Disposal Facilities 
and Practices

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical amendment.

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SUMMARY: In compliance with the Paperwork Reduction Act, this notice 
displays the Office of Management and Budget (OMB) control numbers 
issued under the Paperwork Reduction Act (PRA) for the Criteria for 
Classification of Solid Waste Disposal Facilities and Practices--
Subpart B. This document also announces the effective dates of certain 
sections in the Code of Federal Regulations which contained information 
collections requirements and which were originally published in the 
Federal Register on July 1, 1996.

EFFECTIVE DATE: The amendment to 40 CFR 9.1 is effective November 26, 
1999. 40 CFR 257.24, 257.25, and 257.27 became effective on September 
12, 1996 when the Office of Management and Budget (OMB) approved their 
information collection requirements.

FOR FURTHER INFORMATION CONTACT: Paul Cassidy of the Industrial and 
Extractive Waste Branch, Office of Solid Waste at (703)-308-7281.

SUPPLEMENTARY INFORMATION: EPA is amending the table of currently 
approved information collection request (ICR) control numbers issued by 
OMB for various regulations. The amendment updates the table to list 
those information collection requirements promulgated under the 
Criteria for Classification of Solid Waste Disposal Facilities and 
Practices--Subpart B which appeared in the Federal Register on July 1, 
1996 (61 FR 34252); OMB approved the information collection 
requirements on September 12, 1996 (ICR 1745.02). The affected 
regulations are codified at 40 CFR Part 257--Subpart B. EPA will 
continue to present OMB control numbers in a consolidated table format 
to be codified in 40 CFR part 9 of the Agency's regulations, and in 
each CFR volume containing EPA regulations. The table lists CFR 
citations with reporting, recordkeeping, or other information 
collection requirements, and the current OMB control numbers. This 
display of the OMB control numbers and their 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 1320. By this action EPA, is also announcing that 
these sections, which contain information collection requirements, 
became effective when approved by OMB on September 12, 1996.
    This ICR was previously subject to public notice and comment prior 
to OMB approval. Due to the technical nature of the table, further 
notice and comment would be unnecessary. As a result, EPA finds that 
there is ``good cause'' under section 553(b)(B) and (d)(3) of the 
Administrative Procedure Act (5 U.S.C. 553(b)(B) and (d)(3)) to amend 
this table without further notice and comment.

I. Administrative Requirements

    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, 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 Procedures 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 also is 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 or saftey risks.

Congressional Review Act

    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

[[Page 66393]]

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 good cause finding that notice and public 
procedure is impracticable, unnecessary or contrary to the public 
interest. This determination must be supported by a brief statement. 5 
U.S.C. 808(2). As stated previously, EPA has made such a good cause 
finding, including the reasons therefor, and established an effective 
date of November 26, 1999 for the amendment to 40 CFR 9.1. 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 action 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 257

    Reporting and recordkeeping requirements, Waste disposal.

    Dated: November 12, 1999.
Timothy Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.

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


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

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                                                             OMB control
                      40 CFR citation                            No.
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    Criteria for Classification of Solid Waste Disposal      ...........
                  Facilities and Practices
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257.8......................................................    2050-0154
257.21(b)..................................................    2050-0154
257.21(h)..................................................    2050-0154
257.23.....................................................    2050-0154
 
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257.30.....................................................    2050-0154
 
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[FR Doc. 99-30782 Filed 11-24-99; 8:45 am]
BILLING CODE 6560-50-P