[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Proposed Rules]
[Page 43212-43215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au07-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 3
[EPA-HQ-OEI-2003-0001; FRL-8449-9]
RIN 2025-AA07
Extension of Cross-Media Electronic Reporting Rule Deadline for
Authorized Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the Final Cross-Media Electronic
Reporting Rule (CROMERR) deadline for authorized programs (states,
tribes, or local governments) with existing electronic document
receiving systems to submit an application for EPA approval to revise
or modify their authorized programs. This action proposes to extend the
current October 13, 2007, deadline until October 13, 2008.
Additionally, in the ``Rules and Regulations'' section of this Federal
Register, EPA is making this revision as a direct final rule without a
prior proposed rule. If the Agency receives no relevant adverse
comment, EPA will not take further action on this proposed rule.
DATES: Written comments must be received by September 4, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2003-0001,by mail to CROMERR Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Evi Huffer, Office of Environmental
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; (202) 566-1697; huffer.evi@epa.gov,
or David Schwarz, Office of Environmental Information (2823T),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; (202) 566-1704; schwarz.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Does This Rule Do?
This rule proposes to provide temporary regulatory relief to
states, tribes, and local governments with ``authorized programs'' as
defined in 40 Code of Federal Regulations (CFR) Sec. 3.3. Any such
authorized program that operates an ``existing electronic document
receiving system'' as defined in 40 CFR 3.3 will have an additional
year to submit an application to revise or modify its authorized
program to meet the requirements of 40 CFR part 3. Specifically, this
rule proposes to amend 40 CFR 3.1000(a)(3) by extending the October 13,
2007, deadline to October 13, 2008.
II. Why Is EPA Issuing This Proposed Rule?
EPA proposes to extend the current due date for submitting
applications under CROMERR for authorized programs with existing
electronic document receiving systems, and imposes no additional
requirements beyond those imposed by the underlying final rule (70 FR
59848, October 13, 2007). EPA has published a direct final rule in the
``Rules and Regulations'' section of this Federal Register because EPA
views this as a noncontroversial action and anticipates no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
If EPA receives no adverse comment, the Agency will not take
further action on this proposed rule. If EPA receives adverse comment,
the Agency will withdraw the direct final rule and it will not take
effect. EPA will address all relevant public comments in any subsequent
final rule based on this proposed rule.
EPA will not institute a second comment period on this action. Any
parties interested in commenting on this proposed rule or the direct
final rule listed elsewhere in today's Federal Register must do so at
this time. For further information about commenting, please see the
ADDRESSES section of this document.
[[Page 43213]]
III. Does This Action Apply to Me?
This action will affect states, tribes, and local governments that
have an authorized program as defined in 40 CFR 3.3 and also have an
existing electronic document receiving system, as defined in 40 CFR
3.3. 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 statute.
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Category Examples of affected entities
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Local government............. Publicly owned treatment works, owners
and operators of treatment works
treating domestic sewage, local and
regional air boards, local and regional
waste management authorities, and
municipal and other drinking water
authorities.
Tribe and State governments.. States, tribes or territories that
administer any federal environmental
programs delegated, authorized, or
approved by EPA under Title 40 of the
CFR.
------------------------------------------------------------------------
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
preceding FOR FURTHER INFORMATION CONTACT section.
IV. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
V. Summary of Rule
This proposed rule would amend 40 CFR 3.1000(a)(3) by extending the
current October 13, 2007 deadline for authorized programs with existing
electronic document receiving systems to submit applications to October
13, 2008.
For additional discussion of the proposed rule change, see the
direct final rule EPA has published in the ``Rules and Regulations''
section of today's Federal Register. This proposal incorporates by
reference all the reasoning, explanation, and regulatory text from the
direct final rule.
VI. 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. This proposed rule
merely extends the regulatory schedule for submitting applications
under CROMERR for authorized programs with existing electronic document
receiving systems. There are no costs associated with this rule.
B. Paperwork Reduction Act
This action does not impose any information collection burden. This
action merely extends the current due date for submitting applications
under CROMERR for authorized programs with existing electronic document
receiving systems, and imposes no additional requirements. 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, EPA ICR number 2002.03. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672. The ICR is also available electronically in
http://www.regulations.gov.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any
[[Page 43214]]
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business that
meets the definition for small businesses based on SBA size standards
at 13 CFR 121.201; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000 (Under the RFA definition, States
and tribal governments are not considered small governmental
jurisdictions.); and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the possibility of economic impacts of today's
proposed rule on small entities, I certify that this action will not
have a significant economic impact on a substantial number of small
entities. The small entities directly regulated by this proposed rule
are small governmental jurisdictions. In determining whether a rule has
a significant economic impact on a substantial number of small
entities, the impact of concern is any significant adverse economic
impact on small entities, since the primary purpose of the regulatory
flexibility analyses is to identify and address regulatory alternatives
``which minimize any significant economic impact of the rule on small
entities.'' Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
This proposed rule merely extends the current due date for
submitting applications under CROMERR for authorized programs with
existing electronic document receiving systems. EPA has therefore
concluded that today's action will relieve regulatory burden for all
affected small entities. We continue to be interested in the potential
impacts of the proposed rule on small entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, tribe, and local
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, tribe, and local governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribes, it must have developed under section 203
of the UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no federal mandates (under the regulatory
provisions of Title II of the UMRA) for state, tribe, or local
governments or the private sector. This action merely extends the
current due date for submitting applications under CROMERR for
authorized programs with existing electronic document receiving
systems, and imposes no additional requirements. EPA has determined
that this rule does not contain a federal mandate that may result in
expenditures of $100 million or more for states, tribes, and local
governments, in the aggregate, or the private sector in any one year.
Thus, today's action is not subject to the requirements in Sections 202
and 205 of UMRA.
EPA has also determined that this action contains no regulatory
requirements that might significantly or uniquely affect small
governments, as described in the UMRA, and thus this rule is not
subject to the requirements in Section 203 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
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 merely extends the
current due date for submitting applications under CROMERR for
authorized programs with existing electronic document receiving
systems, 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
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
EPA has concluded that this proposed rule does not have tribal
implications. It will neither impose substantial direct compliance
costs on tribal governments, nor preempt Tribal law. This action merely
extends the current due date for submitting applications under CROMERR
for authorized programs with existing electronic document receiving
systems, and imposes no additional requirements.
G. Executive Order 13045: Children's Health Protection
Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to
any rule that (1) is determined to be ``economically
[[Page 43215]]
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency. EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation.
This proposed rule is not subject to Executive Order 13045 because
it is not an economically significant action as defined by Executive
Order 12866 and it does not establish an environmental standard
intended to mitigate health or safety risks. This action merely extends
the current due date for submitting applications under CROMERR for
authorized programs with existing electronic document receiving
systems, and imposes no additional requirements.
H. Executive Order 13211: Energy Effects
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (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, section 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. The NTTAA directs EPA
to provide Congress, through OMB, with explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
Today's action does not involve technical standards. EPA's
compliance with 12(d) of the National Technology Transfer and
Advancement Act of 1995 (Pub. L. 104-113, 12(d) (15 U.S.C. 272 note))
has been addressed in the preamble of the underlying final rule [70 FR
59848, October 13, 2007].
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 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 has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rule merely extends the current regulatory
schedule for submitting applications under CROMERR for authorized
programs with existing electronic document receiving systems.
List of Subjects in 40 CFR Part 3
Environmental protection, Conflict of interests, Electronic
records, Electronic reporting requirements, Electronic reports,
Intergovernmental relations.
Dated: July 26, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-15014 Filed 8-2-07; 8:45 am]
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