­
1­
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
9
[
FRL­
]

OMB
Approvals
Under
the
Paperwork
Reduction
Act;
Technical
Amendment
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
Standards
of
Performance
for
New
Stationary
Sources
(
NSPS)
Smelters
including:
Primary
Copper,
Subpart
P;
Primary
Zinc,
Subpart
Q;
Primary
Lead,
Subpart
R;
and
Ferroalloy
Production
Facilities,
Subpart
Z.

EFFECTIVE
DATE:
This
final
rule
is
effective
[
insert
date
of
publication
in
the
FEDERAL
REGISTER].

FOR
FURTHER
INFORMATION
CONTACT:
Deborah
Thomas
by
phone
at
(
202)
564­
5041;

by
facsimile
at
(
202)
564­
0050
or
e­
mail
at
thomas.
deborah@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
EPA
is
amending
the
table
of
currently
approved
information
collection
request
(
ICR)
control
numbers
issued
by
OMB
for
various
regulations.

The
amendment
updates
the
table
to
list
those
information
collection
requirements
promulgated
under
the
NSPS
Smelters
including
Primary
Copper,
Lead,
and
Zinc
Smelters,
and
Ferroalloy
Production
Facilities
which
appeared
in
the
Federal
Register
on
{
insert
date
final
rule
was
published
and
provide
the
FR
cite}.
The
affected
regulations
are
codified
at
40
CFR
parts
­
2­
60.160­
166,
60.170­
176,
60.180­
186,
60.260­
266.
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
CFR
citations
with
reporting,
recordkeeping,
or
other
information
collection
requirements,
and
the
current
OMB
control
numbers.
This
listing
of
the
OMB
control
numbers
and
their
subsequent
codification
in
the
CFR
satisfies
the
requirements
of
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.)
and
OMB's
implementing
regulations
at
5
CFR
part
1320.

This
ICR
was
previously
subject
to
public
notice
and
comment
prior
to
OMB
approval.

Due
to
the
technical
nature
of
the
table,
EPA
finds
that
further
notice
and
comment
is
unnecessary.
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.

I.
Administrative
Requirements
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
the
Office
of
Management
and
Budget.
In
addition,
this
action
does
not
impose
any
enforceable
duty,
contain
any
unfunded
mandate,
or
impose
any
significant
or
unique
impact
on
small
governments
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Pub.
L.
104­
4).
This
rule
also
does
not
require
prior
consultation
with
State,
local,
and
tribal
government
officials
as
specified
by
Executive
Order
12875
(
58
FR
58093,
October
28,
1993)
or
Executive
Order
13084
(
63
FR
27655
(
May
10,

1998),
or
involve
special
consideration
of
environmental
justice
related
issues
as
required
by
Executive
Order
12898
(
59
FR
7629,
February
16,
1994).
Because
this
action
is
not
subject
to
­
3­
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.

601
et
seq.).
This
rule
also
is
not
subject
to
Executive
Order
13045
(
62
FR
19885,
April
23,

1997)
because
EPA
interprets
E.
O.
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5­
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
rule
is
not
subject
to
E.
O.
13045
because
it
does
not
establish
an
environmental
standard
intended
to
mitigate
health
or
safety
risks.

Congressional
Review
Act
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
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
therefor,
and
established
an
effective
date
of
[
insert
date
of
publication
in
the
FEDERAL
REGISTER].
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
action
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.
­
4­
Dated:
___________
_____________________________

Oscar
Morales,
Director,

Collection
Strategies
Division,

Office
of
Information
Collection.

For
the
reasons
set
out
in
the
preamble,
40
CFR
part
9
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.
In
§
9.1
the
table
is
amended
by
adding
new
entries
for
recordkeeping
and
reporting
requirements
to
read
as
follows:

§
9.1
OMB
approvals
under
the
Paperwork
Reduction
Act.

*
*
*
*
*

40
CFR
citation
OMB
control
no.

*
*
*
*
*
­
5­
NSPS,
Part
60,
Subpart
P,
Primary
Copper
Smelters
60.165
(
a)
(
d)
Awaiting
New
OMB
control
no.

NSPS,
Subpart
60,
Subpart
Q,
Primary
Zinc
Smelters
____________________________________________________________

60.175
(
b)
(
c)

NSPS,
Subpart
60,
Subpart
R,
Primary
Lead
Smelters
____________________________________________________________

60.185
(
b)
(
c)

NSPS,
Subpart
60,
Subpart
Z,
Ferroalloy
Production
Facilities
____________________________________________________________

60.264
(
b)
(
c)
60.265
(
a)
*
*
*
*
*
