[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Rules and Regulations]
[Page 36067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13846]



[[Page 36067]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AL52-200014; FRL-6708-6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Alabama; Correction

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; correction.

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SUMMARY: The United States Environmental Protection Agency (EPA) 
published in the Federal Register on April 10, 2000, a document 
approving the section 111(d) Plan submitted by the Alabama Department 
of Environmental Management for the State of Alabama on April 20, 1999. 
This plan enables the State of Alabama to implement and enforce the 
Emissions Guidelines (EG) for existing Hospital/Medical/Infectious 
Waste Incinerator (HMIWI) units. In the April 10, 2000, rule, EPA 
inadvertently referenced an incorrect citation to Alabama's state 
implementation plan in the Code of Federal Regulations. EPA is 
correcting the citation with this document.

EFFECTIVE DATE: This correction is effective on June 9, 2000.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham at (404) 562-9038, 
[email protected] or Scott Davis at (404) 562-9127, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used we mean EPA. Our April 10, 2000, (65 FR 18909-18911) 
rulemaking indicated that we approved the section 111d plan for the 
State of Alabama. This plan enables the State of Alabama to implement 
and enforce the Emissions Guidelines (EG) for existing Hospital/
Medical/Infectious Waste Incinerator (HMIWI) units. In that document we 
inadvertently codified the revisions into 40 CFR 62.100. Our April 10, 
2000, document indicated that we were removing 40 CFR 62.104 and 
renaming the section. In that document we should not have removed 40 
CFR 62.104, but instead added a new section 40 CFR 62.105.
    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 procedure 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 
an incorrect citation in a previous action. Thus, notice and public 
procedure 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 
Procedure 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 9, 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. This 
correction to the identification of plan for Missouri is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

    Dated: May 19, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, in FR Doc. 00-8142 
published at 65 FR 18909 make the following corrections:

PART 62--[CORRECTED]

    1. On page 18911, in the third column, in amendatory instruction 3, 
correct ``62.104'' to read ``62.105.''
    2. On page 18911, in the third column, under the title Air 
Emissions From Hospital/Medical/Infectious Waste Incinerators, 
correctly designate Sec. 62.104 as Sec. 62.105.

[FR Doc. 00-13846 Filed 6-6-00; 8:45 am]
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