Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24405 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Act. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing Section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Act. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

Section 111(d)/129 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a Section 111(d)/ 

129 plan submission, to use VCS in 

place of a Section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the Act. 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. 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.). 

B. Submission to Congress and the 

Comptroller General 

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. 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 rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under Section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 25, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Illinois’ Section 111(d)/129 

plan revision for HMIWI sources may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Hospital 

medical infectious waste incinerators, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 9, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Sections 62.3340, 62.3341, and 

62.3342 are revised to read as follows: 

§ 62.3340 Identification of plan. 

Illinois submitted, on November 8, 

2011 and supplemented on December 

28, 2011, a revised State Plan for 

implementing the Emission Guidelines 

affecting Hospital/Medical Infectious 

Waste Incinerators (HMIWI). The 

enforceable mechanism for this revised 

State plan is 35 Ill. Adm. Code Part 229. 

This rule was adopted by the Illinois 

Pollution Control Board on September 

22, 2011 and became effective on 

September 30, 2011. 

§ 62.3341 Identification of sources. 

The Illinois State Plan for existing 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI) applies to all 

HMIWIs for which: 

(a) Construction commenced either on 

or before June 20, 1996 or modification 

was commenced either on or before 

March 16, 1998; or 

(b) Construction commenced either 

after June 20, 1996, but no later than 

December 1, 2008, or for which 

modification is commenced after March 

16, 1998, but no later than April 6, 2010. 

§ 62.3342 Effective date. 

The Federal effective date of the 

Illinois State Plan for existing Hospital/ 

Medical/Infectious Waste Incinerators is 

June 25, 2012. 

[FR Doc. 2012–9712 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2012–0086; FRL–9663–2] 

Direct Final Approval of Hospital/ 

Medical/Infectious Waste Incinerators 

State Plan for Designated Facilities 

and Pollutants: Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

revised State Plan to control air 

pollutants from ‘‘Hazardous/Medical/ 

Infectious Waste Incinerators’’ (HMIWI). 

The Indiana Department of 

Environmental Management (IDEM) 

submitted the revised State Plan on 

December 14, 2011. The revised State 

Plan is consistent with revised Emission 

Guidelines (EGs) promulgated by EPA 

on October 6, 2009. This approval 

means that EPA finds that the revised 

State Plan meets applicable Clean Air 

Act (Act) requirements for subject 

HMIWI units. Once effective, this 

approval also makes the revised State 

Plan Federally enforceable. 

DATES: This direct final rule will be 

effective June 25, 2012, unless EPA 

receives adverse comments by May 24, 

2012. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0086, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312) 886–6030. 

4. Mail: Carlton T. Nash, Chief, Toxics 

and Global Atmosphere Section, Air 

Toxics and Assessment Branch 

(AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Toxics and Global Atmosphere 

Section, Air Toxics and Assessment 

Branch (AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

mstockstill on DSK4VPTVN1PROD with RULES

24406 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2012– 

0086. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Margaret Sieffert, 

Environmental Engineer, at (312) 353– 

1151 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What does the State plan contain? 

III. Does the State Plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On October 6, 2009, in accordance 

with sections 111 and 129 of the Act, 

EPA promulgated revised HMIWI EGs 

and compliance schedules for the 

control of emissions from HMIWI units. 

See 74 FR 51368. A HMIWI unit as 

defined in 40 CFR 60.51c is any device 

that combusts any amount of hospital 

waste and/or medical/infectious waste. 

EPA codified these revised regulations 

at 40 CFR part 60, subpart Ce. Under 

section 129(b)(2) of the Act and the 

revised EGs at subpart Ce, States with 

subject sources must submit to EPA 

plans that implement the revised EGs. 

The plans must be at least as protective 

as the revised EGs, which are not 

Federally enforceable until EPA 

approves a State Plan (or promulgates a 

Federal Plan for implementation and 

enforcement). 

On December 14, 2011, Indiana 

submitted its revised HMIWI State Plan, 

which EPA received on December 19, 

2011. This submission followed public 

hearings for preliminary adoption of the 

revised State rule on May 4, 2011 and 

for final adoption on August 3, 2011. 

The State adopted the final rule on 

August 3, 2011 and it became effective 

on October 28, 2011. The State 

submitted a correction to the Indiana 

Air Pollution Control Board on 

December 6, 2011 to correct a 

typographical error and it was accepted 

for filing. The correction was effective 

on January 20, 2012. The revised plan 

includes revisions to State rule 326 IAC 

11–6, which establishes emission 

standards for existing HMIWI. 

II. What does the State plan contain? 

The State submittal is based on the 

revised HMIWI EGs (40 CFR part 60, 

subpart Ce) and the revised New Source 

Performance Standards (NSPS) (40 CFR 

part 60, subpart Ec) for HMIWI 

promulgated on October 6, 2009. As set 

forth in section 129 of the Act and in 

40 CFR part 60, subparts B and Ce, the 

revised State Plan addresses the thirteen 

minimum required elements, as follows: 

1. A demonstration of the State’s legal 

authority to carry out the HMIWI State 

Plan and identified the enforceable 

mechanisms. Indiana has provided a 

detailed list which demonstrated that it 

has such legal authority and identified 

the enforceable mechanism. 

2. An inventory of affected HMIWI 

units, including language that states that 

sources subject to the standard ‘‘include 

but are not limited to’’ the inventory in 

the State Plan and an additional 

statement that says ‘‘should another 

source be discovered subsequent to this 

notice, there will be no need to reopen 

the State Plan.’’ Indiana has provided 

this. 

3. An inventory of the emissions from 

each of the HMIWI units. Indiana has 

provided this. 

4. Emission limits for HMIWI that are 

the same as those required by the EG. 

Indiana has provided this. 

5. Testing and monitoring 

requirements are the same as those 

required by the EG. Indiana has 

provided this. 

6. Reporting and recordkeeping 

requirements are the same as those 

required by the EG. Indiana has 

provided this. 

7. Operator training and qualification 

requirements are the same as those 

required by the EG. Indiana has 

provided this. 

8. Inspections requirements are the 

same as those required by the EG. 

Indiana has provided this. 

9. The waste management plan 

requirements are the same as those in 

the EG. Indiana has provided this. 

10. A compliance schedule with 

increments. Indiana has provided this. 

11. A final compliance date of 

October 6, 2014. Indiana has provided 

this. 

12. A record of public hearings on the 

revised State rule and Plan. Indiana has 

provided this. 

13. A provision for State progress 

reports to EPA. Indiana has stated that 

it will submit an annual report that will 

include updates to the inventory, any 

enforcement activities and submission 

of copies of technical reports on all 

performance testing on designated 

facilities. The Air Facility System will 

be used to submit information 

pertaining to emissions, inspections, 

status of compliance, dates of 

performance testing, and enforcement 

actions. 

III. Does the State Plan meet the EPA 

requirements? 

EPA evaluated the revised HMIWI 

State Plan submitted by Indiana for 

consistency with the Act, EPA 

regulations and policy. For the reasons 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24407 

discussed above, EPA has determined 

that the revised State Plan meets all 

applicable requirements and, therefore, 

is approving it. 

IV. What action is EPA taking? 

EPA is approving the revised State 

Plan which Indiana submitted on 

December 14, 2011, for the control of 

emissions from existing HMIWI sources 

in the State. EPA is publishing this 

approval notice without prior proposal 

because the Agency views this as a noncontroversial action and anticipates no 

adverse comments. However, in the 

proposed rules section of this Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve the State Plan 

in the event adverse written comments 

are filed. This rule will be effective June 

25, 2012 without further notice unless 

we receive relevant adverse written 

comments by May 24, 2012. If we 

receive such comments, we will 

withdraw this action before the effective 

date by publishing a subsequent 

document that will withdraw the final 

action. All public comments received 

will then be addressed in a subsequent 

final rule based on the proposed action. 

EPA will not institute a second 

comment period. Any parties interested 

in commenting on this action should do 

so at this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. If we do not receive 

any comments, this action will be 

effective June 25, 2012. 

V. Statutory and Executive Order 

Reviews 

A. General 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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 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 approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Act. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

State rule implementing a Federal 

standard. 

In reviewing Section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Act. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

Section 111(d)/129 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a Section 111(d)/ 

129 plan submission, to use VCS in 

place of a Section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the Act. 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. 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.). 

B. Submission to Congress and the 

Comptroller General 

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. 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 rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under Section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 25, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Indiana’s Section 111(d)/129 

plan revision for HMIWI sources may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Hospital 

medical infectious waste incinerators, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 9, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart P—Indiana 

■ 2. Sections 62.3640, 62.3641, and 

62.3642 are revised to read as follows: 

§ 62.3640 Identification of plan. 

On December 14, 2011, Indiana 

submitted a revised State Plan for 

implementing the revised emission 

guidelines for Hospital/Medical/ 

Infectious Waste Incinerators (HMIWI). 

The enforceable mechanism for this 

revised State Plan is a State rule 

codified in 326 Indiana Administrative 

Code (IAC) 11–6. The rule was adopted 

on August 3, 2011, and became effective 

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24408 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

on October 28, 2011. A typographical 

correction was submitted to the Indiana 

Air Pollution Control Board and 

accepted on December 6, 2011 and 

became effective on January 20, 2012. 

§ 62.3641 Identification of sources. 

The Indiana State Plan for existing 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI) applies to all 

HMIWIs for which construction 

commenced on 

(a) On or before June 20, 1996 or for 

which modification was commenced on 

or before March 1998; or 

(b) After June 20, 1996, but no later 

than December 1, 2008, or for which 

modification is commenced after March 

16, 1998, but no later than April 6, 2010. 

§ 62.3642 Effective Date. 

The Federal effective date of the 

Indiana State Plan for existing Hospital/ 

Medical/Infectious Waste Incinerators is 

June 25, 2012. 

[FR Doc. 2012–9724 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0108; FRL–9344–7] 

RIN 2070–AB27 

Modification of Significant New Uses 

of Tris Carbamoyl Triazine; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

implements a technical correction that 

published in the Federal Register of 

March 7, 2012. Specifically, the 

correction involves the removal of a 

cross-reference that was erroneously 

included in a final rule that published 

in the Federal Register of February 8, 

2012. 

DATES: This final rule is effective April 

24, 2012. 

ADDRESSES: The docket for this action, 

identified under docket identification 

(ID) number EPA–HQ–OPPT–2011– 

0108, is available online at http://www.

regulations.gov and at the OPPT Docket. 

The OPPT Docket is located in the EPA 

Docket Center (EPA/DC) at Rm. 3334, 

EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC 

Public Reading Room hours of operation 

are 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number of the 

EPA/DC Public Reading Room is (202) 

566–1744, and the telephone number for 

the OPPT Docket is (202) 566–0280. For 

information or additional instructions 

about the docket or visiting the EPA/DC, 

please go to http://www.epa.gov/

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Tracey 

Klosterman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2209; email address: 

klosterman.tracey@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What does this technical amendment 

do? 

This technical amendment 

implements a technical correction that 

published in the Federal Register of 

March 7, 2012 (77 FR 13506) (FRL– 

9339–8), which removes a crossreference erroneously placed in 

§ 721.9719(a)(2)(ii) by a final rule that 

published in the Federal Register of 

February 8, 2012 (77 FR 6476) (FRL– 

9330–6). 

In order to remove the erroneous 

cross-reference before the effective date 

of the February 8, 2012 final rule, EPA 

published the final rule technical 

correction in the Federal Register of 

March 7, 2012. Subsequently, however, 

the Office of the Federal Register (OFR) 

determined that the placement of the 

correction text in that document did not 

satisfy OFR’s format requirements, and 

a second correction was necessary to 

effectuate the change in the Code of 

Federal Regulations (CFR). Since the 

February 8, 2012 final rule had become 

effective, the OFR instructed EPA to do 

this second correction as a technical 

amendment to the CFR. 

III. Why is this technical amendment 

issued as a final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(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 final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because 

notice and comment are unnecessary. 

The hazard communication requirement 

that is being removed was never 

intended to be included in the 

significant new use rule (SNUR), the 

PMN submitter who brought the error to 

EPA’s attention is familiar with the 

issue, and EPA is not aware of and does 

not expect there to be persons who 

would be adversely affected by the 

change as there are no companies 

making plans based on erroneous notice 

and no harm resulting from deleting the 

unnecessary requirement for a 

developmental effect warning. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the Statutory and 

Executive Order reviews apply to this 

action? 

This technical amendment effectuates 

the March 7, 2012 technical correction 

to remove an erroneous cross-reference 

that was placed in § 721.9719(a)(2)(ii) 

when the final rule published in the 

Federal Register of February 8, 2012, 

modifying significant new uses of tris 

carbamoyl triazine. The February 8, 

2012 final rule addresses these 

requirements for that action (see Unit 

IX. of the preamble to that action). This 

technical amendment does not 

otherwise amend or impose any other 

requirements. 

As such, this technical amendment is 

not a ‘‘significant regulatory action’’ 

subject to review by the Office of 

Management and Budget (OMB) under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), nor does this 

technical amendment contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

Because the Agency has made a ‘‘good 

cause’’ finding that this technical 

amendment is not subject to notice-andcomment requirements under the APA 

or any other statute (see Unit III. of this 

document), it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (RFA) (5 USC 

601 et seq.), or to sections 202 and 205 

of the Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531 et seq.). Nor 

does this technical amendment 

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