[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Proposed Rules]
[Pages 43212-43215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15014]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8449-9]
RIN 2025-AA07


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing 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 proposes to extend the 
current October 13, 2007, deadline until October 13, 2008. 
Additionally, in the ``Rules and Regulations'' section of this Federal 
Register, EPA is making this revision as a direct final rule without a 
prior proposed rule. If the Agency receives no relevant adverse 
comment, EPA will not take further action on this proposed rule.

DATES: Written comments must be received by September 4, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2003-0001,by mail to CROMERR Docket, Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Comments may also be submitted electronically or through hand 
delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.

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 proposes to provide 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 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 
rule proposes to amend 40 CFR 3.1000(a)(3) by extending the October 13, 
2007, deadline to October 13, 2008.

II. Why Is EPA Issuing This Proposed Rule?

    EPA proposes to extend 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). EPA has published a direct final rule in the 
``Rules and Regulations'' section of this Federal Register because EPA 
views this as a noncontroversial action and anticipates no adverse 
comment. We have explained our reasons for this action in the preamble 
to the direct final rule.
    If EPA receives no adverse comment, the Agency will not take 
further action on this proposed rule. If EPA receives adverse comment, 
the Agency will withdraw the direct final rule and it will not take 
effect. EPA will address all relevant public comments in any subsequent 
final rule based on this proposed rule.
    EPA will not institute a second comment period on this action. Any 
parties interested in commenting on this proposed rule or the direct 
final rule listed elsewhere in today's Federal Register must do so at 
this time. For further information about commenting, please see the 
ADDRESSES section of this document.

[[Page 43213]]

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.

------------------------------------------------------------------------
           Category                  Examples of affected entities
------------------------------------------------------------------------
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.

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. Summary of Rule

    This proposed rule would amend 40 CFR 3.1000(a)(3) by extending the 
current October 13, 2007 deadline for authorized programs with existing 
electronic document receiving systems to submit applications to October 
13, 2008.
    For additional discussion of the proposed rule change, see the 
direct final rule EPA has published in the ``Rules and Regulations'' 
section of today's Federal Register. This proposal incorporates by 
reference all the reasoning, explanation, and regulatory text from the 
direct final rule.

VI. 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 proposed 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 
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

[[Page 43214]]

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 proposed 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 
proposed 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 proposed 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 proposed rule merely extends the current due date for 
submitting applications under CROMERR for authorized programs with 
existing electronic document receiving systems. EPA has therefore 
concluded that today's action will relieve regulatory burden for all 
affected small entities. We continue to be interested in the potential 
impacts of the proposed rule on small entities and welcome comments on 
issues related to such impacts.

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 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 proposed 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 receiving 
systems, and imposes no additional requirements.

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

[[Page 43215]]

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 proposed 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 due date 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 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 proposed 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 proposed rule merely extends the current regulatory 
schedule for submitting applications under CROMERR for authorized 
programs with existing electronic document receiving systems.

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.
 [FR Doc. E7-15014 Filed 8-2-07; 8:45 am]
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