51606 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities’’.

The Agency has determined that the

finding of failure to attain finalized

today would result in none of the effects

identified in section 3(f). Under section

186(b)(2) of the CAA, findings of failure

to attain and reclassification of

nonattainment areas are based upon air

quality considerations and must occur

by operation of law in light of certain air

quality conditions. They do not, in and

of themselves, impose any new

requirements on any sectors of the

economy. In addition, because the

statutory requirements are clearly

defined with respect to the differently

classified areas, and because those

requirements are automatically triggered

by classifications that, in turn, are

triggered by air quality values, findings

of failure to attain and reclassification

cannot be said to impose a materially

adverse impact on State, local, or tribal

governments or communities.

V. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

As discussed in section III of this

document, findings of failure to attain

and reclassification of nonattainment

areas under section 186(b)(2) of the CAA

do not in-and-of-themselves create any

new requirements. Therefore, I certify

that today’s action does not have a

significant impact on small entities.

VI. Unfunded Mandates Act

Under sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (Unfunded Mandates Act), signed

into law on March 22, 1995, EPA must

assess whether various actions

undertaken in association with

proposed or final regulations include a

Federal mandate that may result in

estimated costs of $100 million or more

to the private sector, or to state, local or

tribal governments in the aggregate. EPA

believes, as discussed above, that the

finding of failure to attain and

reclassification of the Clark County

nonattainment area are factual

determinations based upon air quality

considerations and must occur by

operation of law and, hence, do not

impose any Federal intergovernmental

mandate, as defined in section 101 of

the Unfunded Mandates Act.

VII. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 18, 1997.

Harry Seraydarian,

Acting Regional Administrator.

[FR Doc. 97–26187 Filed 10–1–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 258

[F–97–FLXF–FFFFF; FRL–5900–7]

RIN 2050–AE24

Revisions to Criteria for Municipal

Solid Waste Landfills

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: On July 29, 1997, the U.S.

Environmental Protection Agency (EPA)

published a direct final rule (62 FR

40708) which established regulations to

implement the Land Disposal Program

Flexibility Act of 1996 (LDPFA). These

regulations provide additional

flexibility to Approved States for any

municipal solid waste landfill (MSWLF)

that receives 20 tons or less of

municipal solid waste per day. The

additional flexibility applies to

alternative frequencies of daily cover,

frequencies of methane monitoring, and

infiltration layers for final cover. As

stated in the preamble to the direct final

rule, provisions contained in the

Revised Criteria for Municipal Solid

Waste Landfills (56 FR 51104; October

9, 1991 and 61 FR 60327; November 27,

1996) provide the additional flexibility

for demonstrating financial assurance

contemplated by Congress in the

LDPFA. The additional flexibility will

allow the owners and operators of small

MSWLFs the opportunity to reduce

their costs of MSWLF operation while

still protecting human health and the

environment. The EPA has not received

an adverse comment objecting to this

rule as written. Therefore, this rule will

go into effect as scheduled.

DATES: The effective date of the direct

final rule published at 62 FR 40708

remains October 27, 1997.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at 800 424–9346 or TDD 800

553–7672 (hearing impaired). In the

Washington, DC, metropolitan area, call

703 412–9810 or TDD 703 412–3323.

For more detailed information on

specific aspects of this rulemaking,

contact Mr. Allen J. Geswein, U. S.

Environmental Protection Agency,

Office of Solid Waste (5306W), 401 M

Street, SW, Washington, D.C. 20460, 703

308–7261,

[geswein.allen@epamail.epa.gov].

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 97–25879 Filed 10–1–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50625B; FRL–5744–6]

RIN 2070–AB27

Revocation of Significant New Use

Rules for Certain Acrylate Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is revoking significant

new use rules (SNURs) promulgated

under section 5(a)(2) of the Toxic

Substances Control Act (TSCA) for 95

substances based on new toxicity data.

Based on the new data the Agency no

longer finds that activities not described

in the TSCA section 5(e) consent order

may result in significant changes in

human exposure.

DATES: This rule is effective November

3, 1997.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543A, 401 M St., SW.,