[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10438-10439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4823]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 450

[EPA-HQ-OW-2008-0465; FRL-9118-7]
RIN 2040-AE91


Effluent Limitations Guidelines and Standards for the 
Construction and Development Point Source Category; Correction

AGENCY: Environmental Protection Agency.

ACTION: Correcting amendments.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a date 
in a final rule that appeared in the Federal Register on December 1, 
2009, 74 FR 62995, due to a date calculation error. The final rule 
established Clean Water Act technology-based Effluent Limitations 
Guidelines and New Source Performance Standards for the Construction 
and Development point source category.

DATES: Effective on March 8, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts at 202-566-1038 
([email protected]).

SUPPLEMENTARY INFORMATION: 

Correction of Final Rule

    The Environmental Protection Agency is correcting a final rule that 
appeared in the Federal Register on Tuesday, December 1, 2009. 74 FR 
62995. The final rule established Clean Water Act technology-based 
Effluent Limitations Guidelines and New Source Performance Standards 
for the Construction and Development (C&D) point source category. The 
final C&D rule as signed by the Administrator on November 29, 2009 and 
posted, pre-publication, on http://www.epa.gov set an applicable date 
for the numeric effluent limitation and associated monitoring 
requirements for sites that disturb 20 or more acres of land at one 
time for 20 months from the publication of the rule in the Federal 
Register. That date was expressed as a calculation: ``20 months after 
the date of publication of the final rule'' or (in other places) ``18 
months after the effective date of the rule.'' The date would be the 
same under either calculation, because the effective date of the rule 
was two months after publication. That date is indicated in several 
locations throughout the preamble of the final rule. See e.g., 74 FR 
63050. A member of the public reading the preamble and regulatory text 
of the final rule as sent to the Office of the Federal Register (OFR) 
for publication and published on EPA's Web site would easily be able to 
calculate the date intended by this rule and would certainly understand 
that compliance with the numeric effluent limitation and associated 
monitoring requirements would be required later than 2010.
    The rule was effective on February 1, 2010. Calculated correctly, 
this means that August 1, 2011, is the date by which discharges from 
construction sites that disturb 20 or more acres of land at one time 
must comply with the numeric effluent limitation and monitoring 
requirements.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because such notice and 
opportunity for comment is unnecessary and contrary to public interest.

Related Acts of Congress, Executive Orders and Agency Initiatives

    Under Executive Order 12866, 58 FR 51735 (October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., or to sections 202 and 205 of the Unfunded Mandates Reform Act 
of 1995 (UMRA) Public Law 104-4. In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084. 63 FR 27655 (May 10, 1998). This rule 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. 64 FR 43255 (August 10, 1999). This rule also 
is not subject to Executive Order 13045, 62 FR 19885 (April 23, 1997), 
because it is not economically significant.

[[Page 10439]]

    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995, 15 U.S.C. 272, do not 
apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898, 59 FR 7629 (February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988, 61 
FR 4729 (February 7, 1996). EPA has complied with Executive Order 
12630, 53 FR 8859 (March 15, 1988), by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. EPA's 
compliance with these statutes and Executive Orders for the underlying 
rule is discussed in the December 1, 2009 Federal Register notice. 74 
FR 62995.
    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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of March 8, 2010. 
The effective date of today's correction is earlier than 30 days after 
publication. EPA finds that the earlier effective date clarifies the 
applicability date of the numeric effluent limit and associated 
monitoring requirements for sites that disturb 20 or more acres of land 
at one time for all stakeholders. Today's amendment eliminates an 
inconsistency and thus, reduces the opportunity for confusion. Any 
additional delay in correcting the error would only increase the 
potential confusion. Thus, EPA sets an effective date to make the 
correction immediately effective. 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. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 450

    Environmental protection, Construction industry, Land development, 
Erosion, Sediment, Stormwater, Water pollution control.

    Dated: March 1, 2010.
Peter S. Silva,
Assistant Administrator for Water.

0
Accordingly, 40 CFR Part 450 is corrected by making the following 
correcting amendments:

PART 450--CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY

0
1. The authority citation for part 450 continues to read as follows:

    Authority:  42 U.S.C. 101, 301, 304, 306, 308, 401, 402, 501 and 
510.


0
2. Revise the introductory text of paragraph (a) of Sec.  450.22 to 
read as follows:


Sec.  450.22  Effluent limitations reflecting the best available 
technology economically achievable (BAT).

* * * * *
    (a) Beginning no later than August 1, 2011 during construction 
activity that disturbs 20 or more acres of land at one time, including 
non-contiguous land disturbances that take place at the same time and 
are part of a larger common plan of development or sale; and no later 
than February 2, 2014 during construction activity that disturbs ten or 
more acres of land area at one time, including non-contiguous land 
disturbances that take place at the same time and are part of a larger 
common plan of development or sale, the following requirements apply:
* * * * *
[FR Doc. 2010-4823 Filed 3-5-10; 8:45 am]
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