33250 Federal Register / Vol. 63, No. 117 /Thursday, June 18, 1998 /Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–6111–4]

OMB Approval Numbers Under the

Paperwork Reduction Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

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 some of the

information collections associated with

National Pollutant Discharge

Elimination System (NPDES) permits

under the Clean Water Act (CWA).

EFFECTIVE DATE: This final rule is

effective July 20, 1998.

FOR FURTHER INFORMATION CONTACT:

Angela Lee, Environmental Protection

Agency, Office of Water, Permits

Division (4203), 401 M. Street, SW,

Washington, D.C. 20460, Phone: 202–

260–6814.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to add an

OMB control number to reflect the fact

that EPA shifted the burden associated

with specific regulatory provisions from

one ICR to another. The affected

regulations are codified at 40 Code of

Federal Regulations (CFR) § 122.44(g)

and (i). 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, and

in each CFR volume containing EPA

regulations. The table lists the section

numbers with reporting and

recordkeeping requirements, and the

current OMB control numbers. This

listing of the OMB control numbers and

their subsequent codification in the CFR

satisfy the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR part 1320.

The recordkeeping and monitoring

requirements associated with the storm

water program were approved in 1992

in a revision to the Discharge

Monitoring Report ICR (OMB No. 2040–

0004). The burden for the specific storm

water requirements found in 40 CFR

sections 122.44(i) and (ii) was

subsequently removed from OMB No.

2040–0004 and incorporated into the

NPDES Compliance Assessment/

Certification ICR (OMB No. 2040–0110)

in 1996. The Discharge Monitoring

Report ICR and the NPDES Compliance

Assessment/Certification ICR were

previously subject to public notice and

comment prior to OMB approval. 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. Due to the

technical nature of the table, further

notice and comment would be

unnecessary.

Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. section 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. However, section 808

provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefore in the

rule) that notice and public procedure

thereon are impracticable, unnecessary

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefore, and

established an effective date of July 20,

1998. 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).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: June 10, 1998.

Robert Perciasepe,

Assistant Administrator, Office of Water.

For the reasons set out in the

preamble, 40 CFR part 9 is amended as

follows:

PART 9—OMB APPROVALS UNDER

THE PAPERWORK REDUCTION ACT

1. The authority citation for Part 9

continues to read as follows:

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 § 9.1 the table is amended by

revising entry ‘‘122.44(g),(i)’’ to read as

follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

EPA Administered Permit Programs: The National Pollutant Discharge Elimination System

* * * * *

122.44(g), (i) .......... 2040–0004, 2040–

0170, 2040–0110

* * * * *

[FR Doc. 98–16085 Filed 6–17–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[PA107–4066a; FRL–6111–8]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants Allegheny

County, PA; Removal of Final Rule

Pertaining to the Control of Landfill

Gas Emissions from Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Removal of direct final rule.

SUMMARY: On April 10, 1998, EPA

published (63 FR 17683) approval of the

municipal solid waste (MSW) landfill

111(d) plan submitted by the

Commonwealth of Pennsylvania on

behalf of Allegheny County for the

purpose of controlling landfill gas

emissions from existing MSW landfills.

Approval of the 111(d) plan would have

established certain emission limitations

for landfill gas emissions, including

operating, reporting and recordkeeping

requirements. The intended effect of the

action was to implement enforceable

emission reductions in MSW landfill

gas, which contain volatile organic