[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Rules and Regulations]
[Page 33250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16085]



[[Page 33250]]

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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.

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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) Sec. 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 Sec. 9.1 the table is amended by revising entry 
``122.44(g),(i)'' to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

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              40 CFR citation                      OMB control No.      
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   EPA Administered Permit Programs: The National Pollutant Discharge   
                           Elimination System                           
                                                                        
                  *        *        *        *        *                 
  122.44(g), (i)..........................  2040-0004, 2040-0170, 2040- 
                                             0110                       
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 98-16085 Filed 6-17-98; 8:45 am]
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