[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Rules and Regulations]
[Pages 59104-59106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27304]



40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8980-7]
RIN 2025-AA26

Technical Amendment of Cross-Media Electronic Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is amending the Final Cross-Media Electronic Reporting 
Rule (CROMERR) to exclude from the regulation all documents and 
information submitted electronically to EPA by applicants for, and 
recipients of grants, cooperative agreements and other forms of 
financial assistance pursuant to EPA financial assistance regulations.

DATES: This final rule is effective on November 17, 2009.

ADDRESSES: EPA has established a docket for this action under No. EPA-
HQ-OEI-2003-0001. All documents in the docket are listed on the http://www.regulations.gov Web site. 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://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].


I. Does this action apply to me?

    This action will affect governments, non-profit organizations, 
international organizations, commercial firms, individuals and other 
entities who are eligible for EPA financial assistance (recipients) 
that submit information electronically to EPA for financial assistance 
awards pursuant to Title 40 of the Code of Federal Regulations (CFR) 
Subchapter B--Grants and Other Federal Assistance.

[[Page 59105]]

                                                   Examples of affected
                    Category                             entities
Governments.....................................  Foreign governments,
                                                   States, tribes or
                                                   including intertribal
                                                   consortia and Tribal
                                                   education agencies.
                                                   County, municipality,
                                                   city, town, township,
                                                   local public
                                                   authority, school
                                                   district, special
                                                   district, intrastate
                                                   district, council of
                                                   governments, any
                                                   other regional or
                                                   interstate government
                                                   entity, or any agency
                                                   or instrumentality of
                                                   a local government.
                                                   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
International organizations.....................  Agencies of the United
                                                   Nations, the European
                                                   Union, the World
                                                   Health Organization
                                                   and similar
                                                   international bodies.
Non-profit organizations........................  Environmental
                                                   organizations, trade
                                                   associations of
                                                   government officials,
                                                   institutions of
                                                   higher education,
                                                   public and private
                                                   hospitals, and other
                                                   quasi-public and
                                                   other private non-
                                                   profit organizations
                                                   such as, but not
                                                   limited to, community
                                                   action agencies,
                                                   research institutes,
                                                   associations, and
                                                   private health

    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 

II. What does this rule do?

    This rule extends the current Cross-Media Electronic Reporting 
Regulation (CROMERR) applicability exemption for financial assistance 
regulations (grants) to include all financial assistance regulations 
under Title 40, providing regulatory relief to applicants for, and 
recipients of, EPA financial assistance who submit information 
electronically to EPA pursuant to other parts of Title 40 of the CFR. 
Specifically, this final rule amends 40 CFR 3.1(b) by adding a new 
paragraph (3) which excludes such documents and data from Part 3.

III. Why is EPA taking this action?

    EPA published the CROMERR final rulemaking on October 13, 2005 (70 
FR 59853). In publishing the final rule, EPA did not intend for the new 
part 3 requirements to apply to the Agency's financial assistance 
regulations. This is evidenced by the statement in the final rule 
preamble that the ``new part 3 does not address contracts, grants or 
financial management regulations contained in Title 48 of the CFR.'' 
(70 FR 59853, October 13, 2005). EPA recently discovered, however, that 
CROMERR does apply to grants found in parts of Title 40 of the CFR. 
Augmenting this discrepancy, states, tribes, and local governments 
submitting applications, reports, or data to satisfy grant requirements 
under Title 40 are currently exempt under CROMERR section 3.1(c) when 
the environmental grant programs are linked to EPA-authorized programs. 
Today's final rule excludes all documents and data submitted 
electronically to EPA by financial assistance applicants and recipients 
pursuant to financial assistance requirements under Title 40 of the CFR 

IV. 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. 
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. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    Today's final rule is not subject to the Regulatory Flexibility Act 
(RFA), which generally requires an agency to prepare a regulatory 
flexibility analysis for any rule that will have a significant economic 
impact on a substantial number of small entities. The RFA applies only 
to rules subject to notice and comment rulemaking requirements under 
the Administrative Procedure Act (APA) or any other statute. This rule 
is not subject to notice and comment requirements under the APA or any 
other statute because this rule pertains to grants which the section 
553 of the APA specifically exempts from notice and comment rulemaking 
requirements (5 USC 553(a)(2)). Thus, EPA is not required to promulgate 
a proposed rule or take comment on the rule.

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, tribal, or local governments or the private 
sector. The action imposes no additional requirements or enforceable 
duty on any State, tribal, or local governments or the private sector. 
Therefore, this action is not subject to the requirements of sections 
202 or 205 of the UMRA. This rule relieves a regulatory burden to 
environmental grant applicants and grantees submitting electronic 
documents and information to EPA.
    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.

E. Executive Order 13132: Federalism

    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 provides regulatory 
relief to grant applicants and grantees 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 provides regulatory relief to tribal, 
state, local government, and non-profit organization grant applicants 

[[Page 59106]]

grantees. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children's Health From 
Environmental Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (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, 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. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

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 lacks the discretionary authority to address environmental 
justice in this final rulemaking because it does not affect the level 
of protection provided to human health or the environment. This final 
rule exempts grant applicants and grantees submitting documents and 
information electronically to EPA pursuant to environmental grant 
regulations under 40 CFR from CROMERR.

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) and provides regulatory relief to state, tribe, local 
government, and non-profit organization environmental grant applicants 
and grantees. This rule will be effective on November 17, 2009.

List of Subjects in 40 CFR Part 3

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

    Dated: November 5, 2009.
Lisa P. Jackson,

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


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 A--General Provisions

2. Section 3.1 is amended by revising paragraphs (b)(1) and (b)(2) and 
by adding paragraph (b)(3) to read as follows:

Sec.  3.1  Who does this part apply to?

* * * * *
    (b) * * *
    (1) Documents submitted via facsimile in satisfaction of reporting 
requirements as permitted under other parts of Title 40 or under 
authorized programs;
    (2) Electronic documents submitted via magnetic or optical media 
such as diskette, compact disc, digital video disc, or tape in 
satisfaction of reporting requirements, as permitted under other parts 
of Title 40 or under authorized programs; or
    (3) Documents and information submitted under grants, cooperative 
agreements, or financial assistant regulations contained in Title 40.
* * * * *
[FR Doc. E9-27304 Filed 11-16-09; 8:45 am]