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[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Proposed Rules]
[Pages 36326-36328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17324]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5531-2]

Approval of State Programs and Delegation of Federal Authorities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action revises the ``Approval of State Programs and 
Delegation of Federal Authorities'' (subpart E). These amendments are 
being made to improve the clarity of subpart E. Because the amendments 
clarify regulatory text and serve to minimize administrative burden and 
provide more flexibility to States using this rulemaking, the Agency 
does not

[[Page 36327]]

anticipate receiving adverse comments. Consequently the amendments are 
also being issued as a direct final rule. If no significant, timely 
adverse comments are received, no further activity is contemplated in 
relation to this proposed rule and the direct final rule in the final 
rules section of this Federal Register will automatically go into 
effect on the date specified in this rule. If significant timely 
comments are received on any amendment, that amendment of the direct 
final rule will be withdrawn and all public comments received on that 
amendment will be addressed in a subsequent final rule based on the 
relevant portions of this proposed rule. Because the Agency will not 
institute a second comment period on this proposed rule, any parties 
interested in commenting should do so during this comment period.

DATES: Comments. Comments must be received on or before August 9, 1996, 
unless a public hearing is requested by July 22, 1996. If a hearing is 
requested, written comments must be received by August 26, 1996.
    Public hearing. Anyone requesting a public hearing must contact the 
EPA no later than July 22, 1996. If a hearing is held, it will take 
place on July 25, 1996, beginning at 10 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-96-09 (see docket section below), Room M-
1500, U.S. EPA, 401 M Street, SW., Washington, DC 20460. The EPA 
requests that a separate copy also be sent to the contact person listed 
below.
    Public hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Ms. Pamela J. Smith, U.S. EPA, 
Research Triangle Park, North Carolina, 27711, telephone (919) 541-
5319.
    Docket. Docket No. A-96-09, containing supporting information, is 
available for public inspection and copying between 8:00 a.m. and 5:30 
p.m., Monday through Friday, at the EPA's Air and Radiation Docket and 
Information Center, Waterside Mall, Room M-1500, First Floor, 401 M 
Street SW., Washington, DC 20460, or by calling (202) 260-7548 or 260-
7549. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Gil Wood at (919) 541-5272 or Ms. 
Sheila Q. Milliken at (919) 541-2625 Integrated Implementation Group, 
Information Transfer and Program Integration Division (MD-12), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION: For further supplemental information, the 
detailed rationale, and the rule amendments, see the information 
provided in the direct final rule in the final rules section of this 
Federal Register.

Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated rulemaking on subpart E were submitted to and approved by 
the Office of Management and Budget (OMB). A copy of this Information 
Collection Request (ICR) document (with an OMB approval control number 
2060-0264) may be obtained from the Regulatory Information Division 
(Code 2136), U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460 or by calling (202) 260-2740.
    Today's changes to the rulemaking will have no significant impact 
on the information collection burden estimates made previously. 
Actually, the burden will be reduced slightly. Consequently, the 
Information Collection Request has not been revised.

Executive Order 12866 Review

    The subpart E rulemaking, promulgated on December 26, 1993 was 
considered a ``significant regulatory action'' under Executive Order 
12866 [58 FR 5173, dated October 4, 1993] and submitted to the OMB for 
review. According to the executive order, a ``significant regulatory 
action is one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, of 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 obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This action is not considered a ``significant regulatory action'' 
within the meaning of this Executive Order. The amendments issued today 
clarify the rule and add administrative requirements which increase the 
flexibility to States in terms of gaining approval of their respective 
State programs. The EPA concludes these amendments would have no 
adverse impact and therefore, do not need to undergo OMB review.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
regulatory flexibility analysis in those instances where small business 
impacts are possible. Because this rulemaking imposes no adverse 
economic impacts, a regulatory flexibility analysis has not been 
prepared.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 
one year. Today's rule contains no Federal mandates (under the 
regulatory provisions of title II of the UMRA) for State, local, or 
tribal governments or the private sector. The UMRA generally excludes 
from the definition of ``Federal intergovernmental mandate'' duties 
that arise from participation in a voluntary Federal program. The EPA 
has also determined that this rule does 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 one year. Thus, today's rule is not subject to the requirements 
of sections 202 and 205 of the UMRA.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

[[Page 36328]]

    Dated: June 26, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-17324 Filed 7-9-96; 8:45 am]
BILLING CODE 6560-50-P
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