[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19082-19083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9582]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8897-1]


Cross-Media Electronic Reporting Rule State Authorized/Approved 
Program Modification/Revision Approval: State of Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval, under regulations for 
Cross-Media Electronic Reporting, of the State of Texas' request to 
modify/revise their program to allow electronic reporting for certain 
of their EPA-authorized programs. This notice also announces an 
opportunity to request a public hearing on EPA's approval of the State 
of Texas' request to revise their EPA-authorized National Primary 
Drinking Water Regulations Implementation program to allow electronic 
reporting.

DATES: EPA's approval is effective May 27, 2009 for the State of Texas' 
National Primary Drinking Water Regulations Implementation program if 
no timely request for a public hearing is received and accepted by the 
Agency; and on April 27, 2009 for the State of Texas' other authorized 
programs.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental 
Protection Agency, Office of Environmental Information, Mail Stop 
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1697, [email protected], or David Schwarz, U.S. Environmental 
Protection Agency, Office of Environmental Information, Mail Stop 
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1704, [email protected]. All requests for a hearing should be 
submitted to both of the above contacts.

SUPPLEMENTARY INFORMATION: 
    On October 13, 2005, the final Cross-Media Electronic Reporting 
Rule (CROMERR) was published in the Federal Register (70 FR 59848) and 
codified as Part 3 of title 40 of the CFR. CROMERR establishes 
electronic reporting as an acceptable regulatory alternative to paper 
reporting and establishes requirements to assure that electronic 
documents are as legally dependable as their paper counterparts. Under 
Subpart D of CROMERR, state, tribal or local government agencies that 
receive, or wish to begin receiving, electronic reports under their 
EPA-authorized programs must apply to EPA for a revision or 
modification of those programs and get EPA approval. Subpart D provides 
standards for such approvals based on consideration of the electronic 
document receiving systems that the state, tribe, or local government 
will use to implement the electronic reporting. Additionally, in Sec.  
3.1000(b) through (e) of 40 CFR Part 3, Subpart D provides special 
procedures for program revisions and modifications to allow electronic 
reporting to be used at the option of the state, tribe or local 
government in place of procedures available under existing program-
specific authorization regulations. An application submitted under the 
Subpart D procedures must show that the state, tribe or local 
government has sufficient legal authority to implement the electronic 
reporting components of the programs covered by the application and 
will use electronic document receiving systems that meet the applicable 
Subpart D requirements.
    On October 14, 2008, the Texas State Commission on Environmental 
Quality (TCEQ) submitted two applications, for their Net Discharge 
Monitoring Report (NetDMR) and the State of Texas Environmental 
Electronic Reporting System (STEERS) electronic document receiving 
systems for revision or modification of multiple authorized programs 
under 40 CFR parts 51, 60, 63, 70, 123, 142, 233-404, 271, 281, and 
403.
    EPA reviewed TCEQ's requests to revise/modify multiple authorized 
programs and, based on this review, EPA determined the two applications 
met the standards for approval of authorized program revisions/
modifications set out in 40 CFR Part 3, Subpart D. In accordance with 
40 CFR 3.1000(d), this notice of EPA's decision to approve TCEQ's 
requests for modifications/revisions to certain of their authorized 
programs under title 40 to allow electronic reporting for specific 
reports under those programs is being published in the Federal 
Register.
    Specifically, EPA has approved TCEQ's request for modifications/
revisions to the following of their authorized programs to allow 
electronic reporting under 40 CFR parts 51, 60-63, 70, 122-124, 141, 
239, 262, 264-266, 268, 270, 280, and 403:
     Part 51--Requirements for Preparation, Adoption, and 
Submittal of Implementation Plans;
     Part 60--Standards of Performance for New Stationary 
Sources;
     Part 63--National Emission Standards for Hazardous Air 
Pollutants for Source Categories;
     Part 70--State Operating Permit Programs;
     Part 123--State Program Requirements;
     Part 142--National Primary Drinking Water Regulations 
Implementation;
     Part 233-404--State Program Regulations;
     Part 271--Requirements for Authorization of State 
Hazardous Waste Programs;
     Part 281--Approval of State Underground Storage Tank 
Programs; and
     Part 403--General Pretreatment Regulations for Existing 
and New Sources of Pollution.
    TCEQ was notified of EPA's determination to approve its two

[[Page 19083]]

applications with respect to the authorized programs listed above in a 
letter dated 04/16/2009.
    Also, in today's notice, EPA is informing interested persons that 
they may request a public hearing on EPA's action to approve the State 
of Texas' request to revise their authorized public water system 
program under 40 CFR Part 142, in accordance with 40 CFR 3.1000(f). 
Requests for a hearing must be submitted to EPA within 30 days of 
publication of today's Federal Register notice. Such requests should 
include the following information:
    (1) The name, address and telephone number of the individual, 
organization or other entity requesting a hearing;
    (2) A brief statement of the requesting person's interest in EPA's 
determination, a brief explanation as to why EPA should hold a hearing, 
and any other information that the requesting person wants EPA to 
consider when determining whether to grant the request;
    (3) The signature of the individual making the request, or, if the 
request is made on behalf of an organization or other entity, the 
signature of a responsible official of the organization or other 
entity.
    In the event a hearing is requested and granted, EPA will provide 
notice of the hearing in the Federal Register not less than 15 days 
prior to the scheduled hearing date. Frivolous or insubstantial 
requests for hearing may be denied by EPA. Following such a public 
hearing, EPA will review the record of the hearing and issue an order 
either affirming today's determination or rescinding such 
determination. If no timely request for a hearing is received and 
granted, EPA's approval of the State of Texas' request to revise their 
Part 142--National Primary Drinking Water Regulations Implementation 
program to allow electronic reporting will become effective 30 days 
after today's notice is published, pursuant to CROMERR section 
3.1000(f)(4).

    Dated: April 16, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9-9582 Filed 4-24-09; 8:45 am]
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