[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34104-34105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13205]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[PA152-4099a; FRL-6705-7]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Allegheny County, Pennsylvania; 
Control of Emissions from Existing Hospital/Medical/Infectious Waste 
Incinerators; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects minor errors in the text of rule 
language in a published final rule pertaining to EPA's approval of the 
Allegheny County, Pennsylvania hospital/medical/ /infectious waste 
incinerator (HMIWI) 111(d)/129 plan submitted by the Commonwealth of 
Pennsylvania.

EFFECTIVE DATE: June 6, 2000.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, (215) 814-2190 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used, we mean EPA. On April 7, 2000 (65 FR 18249), we 
published a final rulemaking action announcing our approval of the 
Allegheny County, Pennsylvania hospital/medical/infectious waste 
incinerator (HMIWI) 111(d)/129 plan submitted by the Commonwealth of 
Pennsylvania. In the text of that document, we inadvertently made two 
minors. Neither the rationale for nor the intent of the April 7, 2000 
direct final rule was affected by these minor errors. This action 
simply corrects the erroneous language in the published final 
rulemaking.
    To the final rule (FR Docket 00-8660) published in the Federal 
Register on April 7, 2000 (65 FR 18249), we are making the following 
corrections:
    (1) On page 18251 in the first column, the revised rule language to 
the second answer (A.) is corrected to read, ``* * * meeting the 
maximum achievable control technology * * *''.
    The word ``available'' was inadvertently inserted in place of 
``achievable''.
    (2) On page 18252 in the third column under Sec. 62.9662 Effective 
Date, the text is revised to read, ``The effective date of the plan is 
June 6, 2000.''
    The phrase ``* * * for municipal solid waste landfills * * *'' was 
inadvertently included in the sentence and is hereby deleted.

[[Page 34105]]

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedures are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
minor errors in the text of a previous action. Thus, notice and public 
procedures are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

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. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Public Law 104-4). In addition, this action does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of governments, as specified 
by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes 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 had made such a good cause finding, including 
the reasons therefore, and established an effective date of June 6, 
2000. 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. These corrections to the preamble and 
40 CFR 62.9662 for Pennsylvania is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

    Dated: May 10, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.
[FR Doc. 00-13205 Filed 5-25-00; 8:45 am]
BILLING CODE 6560-50-P