Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations 40053

modification was commenced before

May 30, 1991 that accepted waste at any

time since November 8, 1987 or that

have additional capacity available for

future waste deposition, as described in

40 CFR part 60, subpart Cc.

§ 62.5862 Effective date.

The effective date of the plan for

municipal solid waste landfills is

September 25, 1998.

[FR Doc. 98–19937 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[FRL–6129–1]

RIN 2060–AF70

Extension of Operating Permits

Program Interim Approval Expiration

Dates

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to

amend Appendix A of the operating

permits regulations codified in part 70

of chapter I of title 40 of the Code of

Federal Regulations. Those regulations

were originally promulgated on July 21,

1992. These amendments to Appendix

A would extend up to June 1, 2000 all

operating permits program interim

approvals. This action would allow the

program revisions necessary to correct

interim approval deficiencies to be

combined with program revisions

necessary to implement the revisions to

part 70 that are anticipated to be

promulgated in December 1999.

DATES: Comments. Comments must be

received on or before August 26, 1998.

For those programs whose interim

approval dates would be amended by

this action, interim approval would

expire on June 1, 2000.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),

Attention Docket Number A–93–50 (see

docket section below), U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

The EPA requests that a separate copy

also be sent to the contact person listed

below.

Docket. Supporting material used in

developing the proposal and final

regulatory revisions is contained in

Docket Number A–93–50. This docket is

available for public inspection and

copying between 8:30 a.m. and 5:30

p.m., Monday through Friday, at the

address listed above, or by calling (202)

260–7548. The Docket is located at the

above address in Room M–1500,

Waterside Mall (ground floor). A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Roger Powell, Mail Drop 12, United

States Environmental Protection

Agency, Office of Air Quality Planning

and Standards, Information Transfer

and Program Integration Division,

Research Triangle Park, North Carolina

27711 (telephone 919–541–5331, e-mail:

powell.roger@epa.gov).

SUPPLEMENTARY INFORMATION: If no

relevant, adverse comments are timely

received, no further activity is

contemplated in relation to this

proposal, and the direct final rule in the

final rules section of this Federal

Register will automatically go into effect

on the date specified in that final

rulemaking. Public comment received

will be addressed in a subsequent final

rule based on this proposal. Because

EPA will not institute a second

comment period on this proposal, any

parties interested in commenting should

do so during this comment period.

For further supplemental information,

the detailed rationale, and the rule

provisions, see the information

provided in the direct final rule in the

final rules section of this Federal

Register.

Administrative Requirements

A. Docket

The docket for this proposed action is

A–93–50. The docket is an organized

and complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this

proposed rulemaking. The principal

purposes of the docket are: (1) to allow

interested parties a means to identify

and locate documents so that the parties

can effectively participate in the

rulemaking process, and (2) to serve as

the record in case of judicial review

(except for interagency review

materials). The docket is available for

public inspection at EPA’s Air Docket,

which is listed under the ADDRESSES

section of this notice.

B. Executive Order (E.O.) 12866

Under E.O. 12866 (58 FR 51735,

October 4, 1993), the Agency must

determine whether each regulatory

action is ‘‘significant,’’ and therefore

subject to the Office of Management and

Budget (OMB) review and the

requirements of the Order. The Order

defines ‘‘significant’’ regulatory action

as one that is likely to lead to a rule that

may:

1. Have an annual effect on the

economy of $100 million or more,

adversely and materially affecting a

sector of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities.

2. Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency.

3. Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligation of recipients thereof.

4. Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in E.O. 12866.

Pursuant to the terms of E.O. 12866,

it has been determined that this

proposed action is not a ‘‘significant’’

regulatory action because it would not

substantially change the existing part 70

requirements for States or sources;

requirements which have already

undergone OMB review. Rather than

impose any new requirements, this

action would only extend an existing

mechanism. As such, this action is

exempted from OMB review.

C. Regulatory Flexibility Act

Compliance

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the Administrator certifies that

this proposed action would not have a

significant economic impact on a

substantial number of small entities. In

developing the original part 70

regulations, the Agency determined that

they would not have a significant

economic impact on a substantial

number of small entities. Similarly, the

same conclusion was reached in an

initial regulatory flexibility analysis

performed in support of the proposed

part 70 revisions. This action would not

substantially alter the part 70

regulations as they pertain to small

entities and accordingly would not have

a significant economic impact on a

substantial number of small entities.

D. Paperwork Reduction Act

The OMB has approved the

information collection requirements

contained in part 70 under the

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et. seq. and has

assigned OMB control number 2060–

0243. The Information Collection

Request (ICR) prepared for part 70

would not be affected by the action in

this proposed rulemaking action

because the part 70 ICR determined

burden on a nationwide basis, assuming
40054 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

all part 70 sources were included

without regard to the approval status of

individual programs. The action in this

proposed rulemaking action, which

would simply provide for an extension

of the interim approval of certain

programs, would not alter the

assumptions of the approved part 70

ICR used in determining the burden

estimate. Furthermore, this proposed

action would not impose any additional

requirements which would add to the

information collection requirements for

sources or permitting authorities.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with Federal mandates that may result

in expenditures to State, local, and

tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any 1 year.

The EPA has determined that the

action in this proposed rulemaking

notice would not contain a Federal

mandate that may result in expenditures

of $100 million or more for State, local,

and tribal governments, in the aggregate,

or the private sector, in any 1 year.

Although the part 70 regulations

governing State operating permit

programs impose significant Federal

mandates, this proposed action would

not amend the part 70 regulations in a

way that would significantly alter the

expenditures resulting from these

mandates. Therefore, the Agency

concludes that it is not required by

section 202 of the UMRA of 1995 to

provide a written statement to

accompany this proposed regulatory

action.

F. Applicability of Executive Order

13045

Executive Order 13045 applies to any

rule that EPA determines (1)

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the environmental health or safety risk

addressed by the rule has a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This proposed rule is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it is not an

economically significant regulatory

action as defined by Executive Order

12866, and it does not address an

environmental health or safety risk that

would have a disproportionate effect on

children.

Dated: July 17, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–19933 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[FRL–6128–9]

RIN 2060–AF70

Extension of Operating Permits

Program Interim Approval Expiration

Dates

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action amends Appendix

A of the operating permits regulations

codified in part 70 of chapter I of title

40 of the Code of Federal Regulations.

Those regulations were originally

promulgated on July 21, 1992. These

amendments to Appendix A extend up

to June 1, 2000 all operating permits

program interim approvals. This action

will allow the program revisions

necessary to correct interim approval

deficiencies to be combined with

program revisions necessary to

implement the revisions to part 70 that

are anticipated to be promulgated in

December 1999.

DATES: The direct final revisions to

Appendix A will become effective on

September 10, 1998. The direct final

revisions will become effective without

further notice unless EPA receives

relevant adverse comments on or before

August 26, 1998. Should the Agency

receive such comments, it will publish

a timely withdrawal and will inform the

public that this rule will not take effect.

For those programs whose interim

approval dates are amended by this

action, interim approval will expire on

June 1, 2000.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),

Attention Docket Number A–93–50 (see

docket section below), U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

The EPA requests that a separate copy

also be sent to the contact person listed

below.

Docket. Supporting material used in

developing the proposal and final

regulatory revisions is contained in

Docket Number A–93–50. This docket is

available for public inspection and

copying between 8:30 a.m. and 5:30

p.m., Monday through Friday, at the

address listed above, or by calling (202)

260–7548. The Docket is located at the

above address in Room M–1500,

Waterside Mall (ground floor). A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Roger Powell, Mail Drop 12, United

States Environmental Protection

Agency, Office of Air Quality Planning

and Standards, Information Transfer

and Program Integration Division,

Research Triangle Park, North Carolina

27711 (telephone 919–541–5331, e-mail:

powell.roger@epa.gov).

SUPPLEMENTARY INFORMATION: A

companion proposal to this direct final

rule is being published in today’s

Federal Register. If relevant adverse

comments are timely received by the

date specified in this rule, EPA will

publish a document informing the

public that this rule will not take effect

and the comments will be addressed in

a subsequent final rule based on the

proposed rule. If no relevant adverse

comments on this direct final rule are

timely filed, then the direct final rule

will become effective on September 10,

1998, and no further action will be

taken on the companion proposal

published today.

I. Background

On August 29, 1994 (59 FR 44460)

and August 31, 1995 (60 FR 45530), EPA

proposed revisions to the part 70

operating permits regulations. Primarily,

the proposals addressed changes to the

system for revising permits. A number

of other less detailed proposed changes

were also included. Altogether, State

and local permitting authorities will

have a complex package of program

revisions to prepare in response to these

changes once promulgated. The part 70

revisions are anticipated to take place in

December 1999.

Contemporaneous with permitting

authorities revising their programs to

meet the revised part 70, many

programs have been granted interim

approval which will require permitting

authorities to prepare program revisions