[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Rules and Regulations]
[Pages 61737-61740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24824]



[[Page 61737]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8730-8]
RIN 2025-AA23


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, 2008, deadline until January 13, 
2010.

DATES: This rule is effective on December 1, 2008 without further 
notice, unless EPA receives relevant adverse comment by November 3, 
2008. 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:
     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 Avenue, 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.
    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 
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 www.regulations.gov or e-mail. 
The 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 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 
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 www.regulations.gov or in hard copy at the CROMERR Docket, EPA/DC, 
EPA West, Room 3334, 1301 Constitution Avenue, 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) 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 15 months 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, 2008, deadline 
to January 13, 2010.

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, 2005). After setting the current 
deadline, EPA learned that some states and local agencies currently 
working to comply with CROMERR have experienced an unanticipated delay 
in the completion of necessary upgrades to their electronic document 
receiving systems. EPA believes it is appropriate to extend the 
submission deadline for applications related to existing systems by an 
additional 15 months.
    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.

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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 Mariana 
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 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI 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.

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 Avenue, 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 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

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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

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 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 of sections 202 and 205 of UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. 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.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). 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. Thus, Executive Order 13175 does not apply to 
this action.

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 section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (Pub. L. 104-113, section 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).

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

    Executive Order (EO) 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 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. 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. 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. 
section 804(2). This rule will become effective on December 1, 2008.

List of Subjects in 40 CFR Part 3

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

    Dated: October 10, 2008.
Stephen L. Johnson,
Administrator.

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

PART 3--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 
January 13, 2010. 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. E8-24824 Filed 10-16-08; 8:45 am]
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