[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Rules and Regulations]
[Pages 50136-50137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20538]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 9

[FRL-6846-8]


OMB Approvals Under the Paperwork Reduction Act; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
technical amendment amends the table that lists the Office of 
Management and Budget (OMB) control numbers issued under the PRA for 
National Emission Standards for Hazardous Air Pollutants for Steel 
Pickling--HCl Process Facilities and Hydrochloric Acid Regeneration 
Plants.

EFFECTIVE DATE: This final rule is effective August 17, 2000.

FOR FURTHER INFORMATION CONTACT: Jim Maysilles, Metals Group, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone number 919-541-
3265, facsimile number 919-541-5600, electronic mail address 
[email protected]. 

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 
National Emission Standards for Hazardous Air Pollutants for Steel 
Pickling--HCl Process Facilities and Hydrochloric Acid Regeneration 
Plants, which appeared in the Federal Register on June 22, 1999, 64 FR 
33218. The affected regulations are codified at 40 CFR part 63, subpart 
CCC. 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. The table lists CFR citations with reporting, 
recordkeeping, or other information collection requirements, and the 
current OMB control numbers. This listing of the OMB control numbers 
and their subsequent codification in the CFR 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.
    This ICR was previously subject to public notice and comment prior 
to OMB approval. Due to the technical nature of the table, EPA finds 
that further notice and comment is unnecessary. 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.

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 
(Public Law 104-4). This rule does not require prior consultation with 
State, local, and tribal government officials as specified by 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). The requirements 
of Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999) do not apply to this rule because State and local governments 
will not have any direct compliance costs resulting from the rule. 
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 also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997) because EPA 
interprets Executive Order 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 Executive Order 
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 June 22, 1999 Federal Register document.

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 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 August 17, 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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 15, 2000.
Oscar Morales,
Director, Collection Strategies Division, Office of Information 
Collection, Office of Environmental Information.

    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:

[[Page 50137]]


    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, 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 a new entry in 
numerical order 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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                 *        *        *        *        *
   National Emission Standards for Hazardous Air Pollutants for Source
                             Categories \3\
 
                  *        *        *        *        *
63.1155-63.1174.........................................       2060-0419
 
                 *        *        *        *        *
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\3\ The ICRs referenced in this section of the table encompass the
  applicable general provisions contained in 40 CFR part 63, subpart A,
  which are not independent information collection requirements.

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[FR Doc. 00-20538 Filed 8-16-00; 8:45 am]
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