[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Rules and Regulations]
[Pages 43165-43169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15013]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8449-8]
RIN 2025-AA07


Extension of Cross-Media Electronic Reporting Rule Deadline for 
Authorized Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Final Cross-
Media Electronic Reporting Rule (CROMERR) deadline for authorized 
programs (states, tribes, or local governments) with existing 
electronic document receiving systems to submit an application for EPA 
approval to revise or modify their authorized programs. This action 
will extend the current October 13, 2007, deadline until October 13, 
2008.

DATES: This rule is effective on October 2, 2007 without further 
notice, unless EPA receives relevant adverse comment by September 4, 
2007. If EPA receives relevant adverse comment, the Agency will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2003-0001, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: CROMERR Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Hand Delivery: EPA Docket Room, EPA West, Room 3334, 1301 Constitution 
Avenue, Washington, DC, 20460. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.

[[Page 43166]]

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2003-0001. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the CROMERR Docket, 
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
CROMERR Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, Office of Environmental 
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460; (202) 566-1697; [email protected], 
or David Schwarz, Office of Environmental Information (2823T), 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; (202) 566-1704; [email protected].

SUPPLEMENTARY INFORMATION:

I. What does this Rule do?

    This rule provides temporary regulatory relief to states, tribes, 
and local governments with ``authorized programs'' as defined in 40 
Code of Federal Regulations (CFR) Sec.  3.3. Any such authorized 
program that operates an ``existing electronic document receiving 
system'' as defined in 40 CFR Section 3.3 will have an additional year 
to submit an application to revise or modify its authorized program to 
meet the requirements of 40 CFR part 3. Specifically, this direct final 
rule amends 40 CFR 3.1000(a)(3) by extending the October 13, 2007, 
deadline to October 13, 2008.

II. Why is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comment. This action merely extends the current due date for 
submitting applications under CROMERR for authorized programs with 
existing electronic document receiving systems, and imposes no 
additional requirements beyond those imposed by the underlying final 
rule (70 FR 59848, October 13, 2007). Based on what EPA has learned in 
our consultations with states, the Agency does not believe that 
extending the current deadline by one year for authorized programs to 
submit their applications to EPA for approval of their existing 
electronic reporting systems will negatively impact compliance with 
CROMERR and will benefit both authorized programs and EPA.
    Additionally, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate proposed rule to consider 
adoption of the time extension contained in this direct final rule 
should the Agency receive relevant adverse comments regarding this 
direct final rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this direct final 
rule or the proposed rule listed elsewhere in today's Federal Register 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If EPA receives relevant adverse comment, the Agency will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. EPA will address all 
public comments in any subsequent final rule based on the proposed 
rule.

III. Does This Action Apply to Me?

    This action will affect states, tribes, and local governments that 
have an authorized program as defined in 40 CFR 3.3 and also have an 
existing electronic document receiving system, as defined in 40 CFR 
3.3. For purposes of this rulemaking, the term ``state'' includes the 
District of Columbia and the United States territories, as specified in 
the applicable statutes. That is, the term ``state'' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, the Commonwealth of Northern Marina 
Islands, and the Trust Territory of the Pacific Islands, depending on 
the statute.

------------------------------------------------------------------------
                                                  Examples of affected
                   Category                             entities
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Local government.............................  Publicly owned treatment
                                                works, owners and
                                                operators of treatment
                                                works treating domestic
                                                sewage, local and
                                                regional air boards,
                                                local and regional waste
                                                management authorities,
                                                and municipal and other
                                                drinking water
                                                authorities.
Tribe and State governments..................  States, tribes or
                                                territories that
                                                administer any federal
                                                environmental programs
                                                delegated, authorized,
                                                or approved by EPA under
                                                Title 40 of the CFR.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

[[Page 43167]]

IV. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO. This direct final rule 
merely extends the regulatory schedule for submitting applications 
under CROMERR for authorized programs with existing electronic document 
receiving systems. There are no costs associated with this rule.

B. Paperwork Reduction Act

    This action does not impose any information collection burden. This 
action merely extends the current due date for submitting applications 
under CROMERR for authorized programs with existing electronic document 
receiving systems, and imposes no additional requirements. However, the 
Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations (40 CFR part 3) under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2025-0003, EPA ICR number 2002.03. A copy of the OMB approved 
Information Collection Request (ICR) may be obtained from Susan Auby, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by 
calling (202) 566-1672. The ICR is also available electronically in 
http://www.regulations.gov.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, a small entity is defined as: (1) A small business that meets 
the definition for small businesses based on SBA size standards at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000 (Under the RFA definition, States and 
tribal governments are not considered small governmental 
jurisdictions.); and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the possibility of economic impacts of today's 
final rule on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. The small entities directly regulated by this direct final 
rule are small governmental jurisdictions. In determining whether a 
rule has a significant economic impact on a substantial number of small 
entities, the impact of concern is any significant adverse economic 
impact on small entities, since the primary purpose of the regulatory 
flexibility analyses is to identify and address regulatory alternatives 
``which minimize any significant economic impact of the rule on small 
entities.'' Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule.
    This direct final rule merely extends the current regulatory 
schedule for submitting applications under CROMERR for authorized 
programs with existing electronic document receiving systems. EPA has 
therefore concluded that today's final rule will relieve regulatory 
burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, tribe, and local 
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, tribe, and local

[[Page 43168]]

governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribes, it must have 
developed under section 203 of the UMRA a small government agency plan. 
The plan must provide for notifying potentially affected small 
governments, enabling officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    Today's rule contains no federal mandates (under the regulatory 
provisions of Title II of the UMRA) for state, tribe, or local 
governments or the private sector. This action merely extends the 
current due date for submitting applications under CROMERR for 
authorized programs with existing electronic document receiving 
systems, and imposes no additional requirements. EPA has determined 
that this rule does not contain a federal mandate that may result in 
expenditures of $100 million or more for states, tribes, and local 
governments, in the aggregate, or the private sector in any one year. 
Thus, today's action is not subject to the requirements in Sections 202 
and 205 of UMRA.
    EPA has also determined that this action contains no regulatory 
requirements that might significantly or uniquely affect small 
governments, as described in the UMRA, and thus this rule is not 
subject to the requirements in Section 203 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action merely extends the 
current due date for submitting applications under CROMERR for 
authorized programs with existing electronic document receiving 
systems, and imposes no additional requirements. Thus, Executive Order 
13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    EPA has concluded that this final rule does not have tribal 
implications. It will neither impose substantial direct compliance 
costs on tribal governments, nor preempt Tribal law. This action merely 
extends the current due date for submitting applications under CROMERR 
for authorized programs with existing electronic document.

G. Executive Order 13045: Children's Health Protection

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to 
any rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 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. EPA 
interprets Executive Order 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 final rule is not subject to Executive Order 13045 because it 
is not an economically significant action as defined by Executive Order 
12866 and it does not establish an environmental standard intended to 
mitigate health or safety risks. This action merely extends the current 
regulatory schedule for submitting applications under CROMERR for 
authorized programs with existing electronic document receiving 
systems, and imposes no additional requirements.

H. Executive Order 13211: Energy Effects

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, with explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    Today's action does not involve technical standards. EPA's 
compliance with 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (Pub. L. 104-113, 12(d) (15 U.S.C. 272 note)) 
has been addressed in the preamble of the underlying final rule (70 FR 
59848, October 13, 2007).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental

[[Page 43169]]

justice. Its main provision directs federal agencies, to the greatest 
extent practicable and permitted by law, to make environmental justice 
part of their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This direct final rule merely extends the current 
regulatory schedule for submitting applications under CROMERR for 
authorized programs with existing electronic document receiving 
systems.

K. 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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will become effective on October 2, 2007.

List of Subjects in 40 CFR Part 3

    Environmental protection, Conflict of interests, Electronic 
records, Electronic reporting requirements, Electronic reports, 
Intergovernmental relations.

    Dated: July 26, 2007.
Stephen L. Johnson,
Administrator.

0
Therefore, title 40 chapter I of the Code of Federal Regulations is 
amended as follows:

PART 3--CROSS-MEDIA ELECTRONIC REPORTING

0
1. The authority citation for part 3 continues to read as follows:

    Authority: 7 U.S.C. 136 to 136y; 15 U.S.C. 2601 to 2692; 33 
U.S.C. 1251 to 1387; 33 U.S.C. 1401 to 1445; 33 U.S.C. 2701 to 2761; 
42 U.S.C. 300f to 300j-26; 42 U.S.C. 4852d; 42 U.S.C. 6901-6992k; 42 
U.S.C. 7401 to 7671q; 42 U.S.C. 9601 to 9675; 42 U.S.C. 11001 to 
11050; 15 U.S.C. 7001; 44 U.S.C. 3504 to 3506.

Subpart D--Electronic Reporting Under EPA-Authorized State, Tribe, 
and Local Programs

0
2. Section 3.1000 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  3.1000  How does a state, tribe, or local government revise or 
modify its authorized program to allow electronic reporting?

    (a) * * *
    (3) Programs already receiving electronic documents under an 
authorized program: A state, tribe, or local government with an 
existing electronic document receiving system for an authorized program 
must submit an application to revise or modify such authorized program 
in compliance with paragraph (a)(1) of this section no later than 
October 13, 2008. On a case-by-case basis, this deadline may be 
extended by the Administrator, upon request of the state, tribe, or 
local government, where the Administrator determines that the state, 
tribe, or local government needs additional time to make legislative or 
regulatory changes in order to meet the requirements of this part.
* * * * *
[FR Doc. E7-15013 Filed 8-2-07; 8:45 am]
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