[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Rules and Regulations]
[Pages 25235-25236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 450

[EPA-HQ-OW-2010-0884; FRL-9926-32-OW]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On March 6, 2014, EPA published a final rule in the Federal 
Register revising effluent limitations guidelines and standards for the 
construction and development point source category. This correcting 
amendment corrects errors in the amendatory language of the March 6, 
2014 final rule.

DATES: The indefinite stay at 40 CFR 450.22(a) and (b) is lifted and 
this rule is effective on May 4, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts, Engineering and 
Analysis Division, Office of Water (4303T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: 202-566-1038; fax number: 202-566-1053; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA published a final rule on March 6, 2014 
(79 FR 12661) to amend 40 CFR part 450. The amendatory instructions EPA 
provided in this final rule for the changes at 40 CFR 450.22(a) and (b) 
were incorrect. Since the provisions at Sec.  450.22(a) and (b) had 
been previously indefinitely stayed by EPA, the amendatory instructions 
should have included a lift of the stay so that the CFR could reflect 
that those provisions had been amended. EPA did not include language 
lifting the stay in the March 6, 2014 amendatory instructions. This 
action provides corrected amendatory instructions so that the 
amendments promulgated on March 6, 2014 can be incorporated into the 
CFR.
    EPA has determined that this action falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedure Act 
(APA), which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation where public notice and comment 
procedures are impracticable, unnecessary, or contrary to the public 
interest. Public notice and comment for this action is unnecessary 
because this action only incorporates previously promulgated regulatory 
changes into the CFR. EPA inadvertently provided incorrect instructions 
to incorporate those changes into the CFR. EPA can identify no reason 
why the public would be interested in having the opportunity to comment 
on the correction prior to this action being finalized since this 
action does not alter any regulatory requirements.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C.

[[Page 25236]]

553(d)(3). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
This rule, however, does not alter any regulatory requirements, and 
thus there are no affected parties as explained above. Rather, this 
action merely corrects inadvertent errors in the amendatory language 
for the CFR. For these reasons, EPA finds good cause under APA section 
553(d)(3) for this correction to become effective on the date of 
publication of this action.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action corrects an inadvertent error in the amendatory 
instructions of EPA's March 6, 2014, final rule regarding the 
construction and development point source category and imposes no 
information collection burden on the industry because it does not 
contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

    The Administrator certifies that this action will not have a 
significant economic impact on a substantial number of small entities 
under the RFA. This action will not impose any requirements on small 
entities. This action corrects an inadvertent error in the amendatory 
instructions of EPA's March 6, 2014, final rule regarding the 
construction and development point source category and imposes no 
additional requirements on the industry.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    This action is not subject to Executive Order 12898 because it does 
not concern or affect human health or environmental risk.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA 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 comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The EPA has made a good cause finding for this rule, as 
discussed in the SUPPLEMENTARY INFORMATION section of this preamble, 
which includes the basis for that finding.

List of Subjects in 40 CFR Part 450

    Environmental protection, Construction industry, Land development, 
Water pollution control.

    Dated: April 24, 2015.
Kenneth J. Kopocis,
Deputy Assistant Administrator, Office of Water.

    In rule FR Doc. 2014-04612 published on March 6, 2014, (79 FR 
12661), make the following correction:
    On page 12667, in the second column, revise amendatory instruction 
number 4. to read as follows:


Sec.  450.22  [Corrected]

0
4. Amend Sec.  450.22 by:
0
a. Lifting the indefinite stay on paragraphs (a) and (b); and
0
b. Removing and reserving paragraphs (a) and (b).

[FR Doc. 2015-10362 Filed 5-1-15; 08:45 am]
 BILLING CODE 6560-50-P