[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Rules and Regulations]
[Pages 56274-56275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 122

[EPA-HQ-OW-2009-1019; FRL-9916-33-OW]
RIN 2040-AC84


National Pollutant Discharge Elimination System (NPDES): Use of 
Sufficiently Sensitive Test Methods for Permit Applications and 
Reporting; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register of August 19, 2014 (79 
FR 49001). The rule finalized minor amendments to its Clean Water Act 
(CWA) regulations to codify that under the National Pollutant Discharge 
Elimination System (NPDES) program, in general, permit applicants must 
use ``sufficiently sensitive'' analytical test methods when completing 
an NPDES permit application and the Director must prescribe that only 
``sufficiently sensitive'' methods be used for analyses of pollutants 
or pollutant parameters under an NPDES permit.

DATES: Effective September 18, 2014.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Kathryn Kelley, Water Permits Division, Office of Wastewater Management 
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 564-7004, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA is correcting two citations that are 
contained within the text of two ``Notes'' in the final rule, as set 
forth below. Section 553(b)(B) of the Administrative Procedure Act, 5 
U.S.C. 553(b)(B), provides that, when an agency for good cause finds 
that public notice and comment procedures are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. 
Here, EPA has determined that there is good cause for making this rule 
final without prior proposal and opportunity for comment because notice 
and opportunity for comment are unnecessary. The corrections being made 
in this rule are technical and very minor. These corrections concern 
two citations that were inadvertently stated incorrectly in the text of 
the final rule published on Aug. 19, 2014. The preamble to that rule 
makes clear that EPA intended the two Notes that contain these 
citations to discuss how method minimum levels (MLs) are determined 
under any of the subparagraphs to 122.21(e)(3)(i) or 
122.44(i)(1)(iv)(A) (see 79 FR 49004-05 and 49010), which is the effect 
of today's corrections to these two citations. Accordingly, EPA does 
not believe that conducting a notice and comment process on today's 
corrections would inform the public of agency action that may be of 
interest.
    Under Section 553(d) of the Administrative Procedure Act, 
publication of a rule must be made at least 30 days before its 
effective date, except where the agency provides otherwise for good 
cause. EPA finds that there is good cause for making this rule

[[Page 56275]]

effective on September 18, 2014, which is less than 30 days after its 
publication. Waiting 30 days before making this rule effective is not 
necessary. Since these are only minor corrections to citations, we do 
not believe they will be of public interest (as discussed above) and 
the regulated community does not need 30 days to prepare to comply with 
them. At the same time, because the August 19, 2014 sufficiently 
sensitive methods rule becomes effective on September 18, 2014, making 
these minor corrections to that final rule effective on the same date 
will avoid any regulatory confusion that might occur from making them 
effective on a different date.
    In FR Doc. 2014-19265 appearing on page 49001 in the Federal 
Register of Tuesday, August 19, 2014, the following corrections are 
made:


Sec.  122.21  [Corrected]

0
1. On page 49013, in the first column, in Sec.  122.21 Application for 
a permit (applicable to State programs, see Sec.  123.25), the note 
heading: ``Note to paragraph (e)(3)(i)(C):'' is corrected to read 
``Note to paragraph (e)(3)(i):''


Sec.  122.44  [Corrected]

0
2. On page 49013, in the second column, in Sec.  122.44 Establishing 
limitations, standards, and other permit conditions (applicable to 
State NPDES program, see Sec.  123.25), the note heading: ``Note to 
paragraph (i)(1)(iv)(A)(2):'' is corrected to read ``Note to paragraph 
(i)(1)(iv)(A):''

    Dated: September 12, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-22289 Filed 9-18-14; 8:45 am]
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