
[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]               
[Page 78991-78994]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-21]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 3

[EPA-HQ-OEI-2003-0001; FRL-8757-2]

 
Extension of Cross-Media Electronic Reporting Rule Deadline for 
Authorized Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is amending 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 will extend the current October 13, 
2008, deadline until January 13, 2010.

DATES: This rule is effective on December 24, 2008.

ADDRESSES: The public record for this rulemaking has been established 
under Docket ID No. EPA-HQ-OEI-2003-0001, and may be accessed online at 
http://www.regulations.gov. Docket materials are also available 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 additional information about EPA's public docket visit the EPA 
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

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 provides temporary regulatory relief to states, tribes, 
and local governments with ``authorized programs'' as defined in 40 
Code of Federal Regulations (CFR) 3.3. Any such authorized program that 
operates an

[[Page 78992]]

``existing electronic document receiving system'' as defined in 40 CFR 
3.3 will have an additional 15 months to submit an application to 
revise or modify its authorized program to meet the requirements of 40 
CFR Part 3. Specifically, this final rule amends 40 CFR 3.1000(a)(3) by 
extending the October 13, 2008, deadline to January 13, 2010.

II. Why Is EPA Taking This Action?

    EPA published a notice of proposed rulemaking on October 17, 2008 
(73 FR 61773). As discussed in that proposal, after setting the current 
deadline, EPA learned that some states and local agencies currently 
working to comply with CROMERR have experienced an unanticipated delay 
in the completion of necessary upgrades to their electronic document 
receiving systems. EPA believes it is appropriate to extend the 
submission deadline for applications related to existing systems by an 
additional 15 months.

III. Response to Comments

    EPA received two comments on the proposed rule. The comments 
opposed the extension of the application deadline on the basis that the 
extension would prevent enforcement of environmental laws. The 
commenters stated that states, tribes, and local governments have had 
sufficient time to submit applications. One commenter noted that those 
states who were not able to meet the October 13, 2008 deadline could 
apply for case-by-case extensions.
    EPA's Response:
    EPA disagrees that the extension will prevent enforcement of 
environmental laws. As noted in both comments, CROMERR does not require 
that states comply with CROMERR by the deadline, but rather directs 
them to submit an application to EPA. The mere submission of an 
application under CROMERR does not materially impact the enforceability 
of environmental programs. In the three years since CROMERR was issued, 
EPA has been working closely with states, tribes, and local 
governments. While some states and local agencies submitted their 
applications before the deadline, other states and local agencies have 
been working on completing the necessary upgrades to their electronic 
document receiving systems before submitting their application. EPA 
believes that requiring states, tribes, and local agencies to file an 
incomplete or inadequate application just to meet a regulatory deadline 
would be a waste of resources, both for EPA and the state, tribe, or 
local agency. Further, some states, tribes, or local agencies may not 
qualify for the CROMERR case-by-case extension because it applies only 
where the ``state, tribe, or local government needs additional time to 
make legislative or regulatory changes. * * *'' EPA believes extension 
of the deadline until January 13, 2010, appropriately balances the 
purposes of the CROMERR standards and the legitimate need of states, 
tribes, and local governments to have additional time to complete the 
necessary upgrades to their systems and submit complete applications.

IV. 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.

------------------------------------------------------------------------
           Category                  Examples of affected entities
------------------------------------------------------------------------
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.

V. 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 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 new 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 2002.04. 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 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 final 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 
final rule on small entities, I certify that this

[[Page 78993]]

action will not have a significant economic impact on a substantial 
number of small entities. The small entities directly regulated by this 
final 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.'' 5 U.S.C. 603 and 604. 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 final rule merely extends the current regulatory schedule for 
submitting applications under CROMERR for authorized programs with 
existing electronic document receiving systems. EPA has therefore 
concluded that today's final rule will relieve regulatory burden for 
all affected small entities.

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, 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 of sections 202 and 205 of UMRA.
    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. 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.

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

    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 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 13175 does not apply to 
this action.

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 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 final 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 
regulatory schedule 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 section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (Public Law 104-113, section 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).

[[Page 78994]]

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 final 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 final rule merely extends the current regulatory 
schedule for submitting applications under CROMERR for authorized 
programs with existing electronic document receiving systems.

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 publishedin the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
rule will become effective on December 24, 2008.

List of Subjects in 40 CFR Part 3

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

    Dated: December 19, 2008.
Stephen L. Johnson,
Administrator.

0
Therefore, title 40 chapter I of the Code of Federal Regulations is 
amended as follows:

PART 3--ELECTRONIC REPORTING

0
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 D--Electronic Reporting Under EPA-Authorized State, Tribe, 
and Local Programs

0
2. Section 3.1000 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  3.1000  How does a state, tribe, or local government revise or 
modify its authorized program to allow electronic reporting?

    (a) * * *
    (3) Programs already receiving electronic documents under an 
authorized program: A state, tribe, or local government with an 
existing electronic document receiving system for an authorized program 
must submit an application to revise or modify such authorized program 
in compliance with paragraph (a)(1) of this section no later than 
January 13, 2010. On a case-by-case basis, this deadline may be 
extended by the Administrator, upon request of the state, tribe, or 
local government, where the Administrator determines that the state, 
tribe, or local government needs additional time to make legislative or 
regulatory changes in order to meet the requirements of this part.
* * * * *
 [FR Doc. E8-30680 Filed 12-23-08; 8:45 am]

BILLING CODE 6560-50-P
