Air pollutants, hazardous; national emission standards: Reporting and recordkeeping requirements,

[Federal Register: December 28, 1998 (Volume 63, Number 248)]

[Rules and Regulations]

[Page 71375-71376]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28de98-5]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 142

[FRL-6210-7]

OMB Approval Numbers Under the Paperwork Reduction Act and Technical Correction to Consumer Confidence Report Rule

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 the Consumer Confidence Report Rule, which EPA issued under the Safe Drinking Water Act. This amendment also corrects a typographical error in the rule.

EFFECTIVE DATE: This final rule is effective December 28, 1998.

FOR FURTHER INFORMATION CONTACT: Francoise M. Brasier (phone: 202-260- 5668 or e-mail brasier.francoise@epa.gov) or Rob Allison (phone: 202- 260-9836 or e-mail allison.rob@epa.gov).

SUPPLEMENTARY INFORMATION: EPA is today amending the table of currently approved information collection request (ICR) control numbers issued by OMB for various regulations. This action also corrects an incorrect citation in Sec. 142.78 (b).

Today's amendment updates the table to list those information requirements promulgated under the Consumer Confidence Report Rule, which appeared in the Federal Register on August 19, 1998 (63 FR 44511). The affected regulations are codified at 40 Code of Federal Regulations (CFR) parts 141 and 142.

EPA will continue to present OMB control numbers in a consolidated table format codified at 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 PRA (44 U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part 1320.

This ICR was 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. Similarly, because this action does not affect the substantive provisions of this rule, EPA believes that there is good cause to make this rule effective immediately, as provided in 5 U.S.C. 553(d)(3).

EPA inadvertently cited Sec. 144.155(a) in the final sentence of Sec. 142.78(b). Today, EPA corrects that citation by replacing ``Sec. 144.155(a)'' with ``Sec. 141.155(a).'' EPA believes this correction to be technical and non-controversial, and therefore not needing additional notice-and-comment or a delayed effective date.

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by OMB. In addition, this action does not impose any enforceable duty or contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); establish any technical standards subject to the section 12(d) of the National Technology Transfer and Advancement Act; or require prior consultation with State, local, or tribal government officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993) or with officials of Indian tribal governments as specified by Executive Order 13084 (63 FR 27655, May 10, 1998).

This action does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it does not establish an environmental standard intended to mitigate health or safety risks. Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C.

[[Page 71376]]

601 et seq.). EPA's compliance with these statutes and Executive Orders for the underlying rule is discussed in the August 19, 1998 Federal Register action.

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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement. 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 December 28, 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 in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 804(2).

Dated: December 18, 1998. J. Charles Fox, Assistant Administrator, Office of Water.

For the reasons set out in the preamble, title 40 chapter I of the Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

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. Section 9.1 is amended by adding the new entries in numerical order under the indicated heading in the table to read as follows:

   Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

   * * * * *

   40 CFR citation

   OMB control number

   *

   *

   *

   * *

   *

   * National Primary Drinking Water Regulations

   *

   *

   *

   * *

   *

   * 141.153-141.155...................................

   2040-0201

   *

   *

   *

   * *

   *

   * National Primary Drinking Water Regulations Implementation

   *

   *

   *

   * *

   *

   * 142.16(f).........................................

   2040-0201

   *

   *

   *

   * *

   *

   *

   PART 142--[AMENDED]

3. The authority citation for part 142 continues to read as follows:

   Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g- 5, 300g-6, 300j-4, 300j-9, and 300j-11.

4. Section 142.78 is amended by revising paragraph (b) to read as follows:

   Sec. 142.78 Procedure for processing an Indian Tribe's application.

   * * * * *

   (b) A tribe that meets the requirements of Sec. 141.72 of this chapter is eligible to apply for development grants and primacy enforcement responsibility for a Public Water System Program and associated funding under section 1443(a) of the Act and for primary enforcement responsibility for public water systems under section 1413 of the Act and for the authority to waive the mailing requirement of Sec. 141.155(a) of this chapter.

   [FR Doc. 98-34304Filed12-24-98; 8:45 am]

   BILLING CODE 6560-50-P