Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39551

Dated: June 21, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–16191 Filed 6–26–00; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[085–1085b; FRL–6720–8]

Approval and Promulgation of

Implementation Plans; State of

Kansas; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: On January 11, 2000 (65 FR

1545), EPA published a direct final

action approving revisions to the Kansas

State Implementation Plan (SIP). In the

January 11, 2000, rule, EPA

inadvertently made an incorrect

reference to rule K.A.R. 28–19–20. We

are correcting the reference in this

document.

EFFECTIVE DATE: This action is effective

June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: EPA

published a SIP for Kansas that

included revising and renumbering

regulatory definitions, streamlining

opacity requirements, expanding testing

of gasoline delivery vehicles, and

methods for calculating actual

emissions. In the January 11, 2000, rule,

FR DOC 00–27 (65 FR 1545) on page

1545, in the third column under the

heading ‘‘D. Method for Determining

Actual Emissions,’’ correct the reference

‘‘K.A.R. 28–19–20’’ to read ‘‘K.A.R. 28–

19–210.’’

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 such 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.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting Federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule merely

corrects an incorrect citation in a

previous action, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, 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 government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

corrects a citation in a state rule

implementing a Federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act (CAA). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, our

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

state to use voluntary consensus

standards (VCS), we have no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. 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. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

we have taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) 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 provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act (CRA),

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. As

stated previously, we made such a good

cause finding, including the reasons

therefore and established an effective

date of June 27, 2000. We will submit

a report containing this rule and other

required information to the United

States Senate, the United States 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 Kansas

SIP table is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804 et seq. (2).

Dated: June 15, 2000.

William Rice,

Acting Regional Administrator, Region 7.

Accordingly, in rule FR Doc. 00–270

published at 65 FR 1545, January 11,

2000, make the following corrections:

PART 52—[CORRECTED]

Subpart R—[Corrected]

1. On page 1547, column three,

amendatory instruction 2.b., line 2,

correct ‘‘16a’, ‘K.A.R. 28–19–20’ and

‘K.A.R.’’ to read ‘‘16a’ and ‘K.A.R.’’.

2. On page 1547, column three,

amendatory instruction 2.c., line 2,

correct ‘‘ ‘K.A.R. 28–19–200’ and ‘K.A.R.

28-’’ to read ‘‘ ‘K.A.R. 28–19–200’,

‘K.A.R. 28–19–210’, and ‘K.A.R. 28-’’.

3. On page 1548, in § 52.870, the table

in paragraph (c) is corrected by

removing the heading ‘‘Processing

Operation Emissions’’ and the entry

‘‘K.A.R. 28–19–20’’ under it.

4. On page 1548, in § 52.870, the table

in paragraph (c) is corrected by adding

39552 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

an entry ‘‘K.A.R. 28–19–210’’ in

numerical order under the heading

‘‘General Provisions’’ to read as follows:

§ 52.870 Identification of plan.

* * * * *

(c) * * *

EPA—APPROVED KANSAS REGULATIONS

Kansas citation Title State effective date EPA approval date Explanation

*******

General Provisions

*******

K.A.R. 28–19–210 .................... Calculation of Actual Emissions.11/22/93 01/11/00, 65 FR 1548.

*******

* * * * *

[FR Doc. 00–15837 Filed 6–26–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372

[OPPTS–400056B; FRL–6591–5]

RIN 2070–AC00

Phosphoric Acid; Community Right-toKnow Toxic Chemical Release

Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is deleting phosphoric

acid from the list of chemicals subject

to reporting requirements under section

313 of the Emergency Planning and

Community-Right-to-Know Act (EPCRA)

and section 6607 of the Pollution

Prevention Act of 1990 (PPA) in

response to the United States District

Court for the District of Columbia ruling

that phosphoric acid does not meet

EPCRA section 313(d)(2)(C) listing

criterion. On April 15, 1999, the United

States District Court reversed EPA’s

denial of a petition that The Fertilizer

Institute (TFI) submitted to the Agency

to delete phosphoric acid from the

EPCRA section 313 list of toxic

chemicals. By promulgating this rule,

EPA is relieving facilities of their

obligation to report releases of and other

waste management information on

phosphoric acid that occurred during

the 1999 reporting year, and for

activities in the future.

EFFECTIVE DATE: This rule is effective

June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Bushman, Petitions

Coordinator, (202) 260–3882, e-mail:

bushman.daniel@epa.gov, for specific

information on this document, or for

more information on EPCRA section

313, the Emergency Planning and

Community Right-to-Know Hotline,

Environmental Protection Agency, Mail

Code 5101, 1200 Pennsylvania Ave.,

NW., Washington, DC 20460, Toll free:

1–800–535–0202, in Virginia and

Alaska: (703) 412–9877 or Toll free

TDD: 1–800–553–7672. Information

concerning this notice is also available

on EPA’s Web site at http://

www.epa.gov/tri.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you manufacture, process, or otherwise

use phosphoric acid. Potentially

affected categories and entities may

include, but are not limited to:

Category Examples of Potentially Affected Entities

Industry SIC major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20 through 39; industry codes

4911 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in

commerce); 4931 (limited to facilities that combust coal and/or oil for the purpose of generating power for

distribution in commerce); or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389 (limited

to facilities primarily engaged in solvent recovery services on a contract or fee basis

Federal Government Federal facilities

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. To determine whether your

facility would be affected by this action,

you should carefully examine the

applicability criteria in part 372, subpart

B of Title 40 of the Code of Federal

Regulations (CFR). If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding ‘‘FOR FURTHER

INFORMATION CONTACT’’ section.

B. How Can I Get Additional

Information or Copies of this Document

or Other Support Documents?

1. Electronically. You may obtain

electronic copies of this document from

the EPA internet Home Page at http://

www.epa.gov/. On the Home Page select