
[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Rules and Regulations]               
[Page 46019-46020]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[EPA-HQ-SFUND-2009-0617; FRL-8953-8]
RIN 2050-AG53

 
State and Local Assistance; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Technical Correction.

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SUMMARY: On June 16, 2009, regulations to include State Response 
Programs and Tribal Response Programs under Section 128(a) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) as among the Environmental Program Grants eligible for 
inclusion in a Performance Partnership Grant (PPG) were published. 
Those final rules included technical errors which this action corrects.

DATES: This rule is effective on September 8, 2009.

ADDRESSES: The mailing address of the Office of Brownfields and Land 
Revitalization, Office of Solid Waste and Emergency Response, is U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., MC 
5105T, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Virginia Fornillo, Office of Solid 
Waste

[[Page 46020]]

and Emergency Response, Office of Brownfields and Land Revitalization, 
at (202) 566-2770 (fornillo.virginia@ epa.gov), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-
0002, Mail Code 5105T.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA's regulations implementing Performance Partnership Grants 
(PPGs) are found at 40 CFR 35.101, 40 CFR 35.130-35.138, 40 CFR 35.501 
and 40 CFR 35.530-35.538. On June 16, 2009 (74 FR 28443) EPA published 
in the Federal Register a final rule that added State Response Programs 
Section CERCLA 128(a) under 40 CFR part 35 subpart A and Tribal 
Response Programs Section CERCLA 128(a) under 40 CFR part 35, subpart B 
as a PPG eligible grant programs. The rule also adds State Response 
Program and Tribal Response Program specific provisions to 40 CFR part 
35, subparts A and B. This document corrects typographical errors in 
references contained in 40 CFR 35.133. Specifically, in 40 CFR 35.133, 
references are erroneously made to 40 CFR 35.100(b) rather than the 
correct citation, 40 CFR 35.101(a).

II. Administrative Procedure Act

    The Administrative Procedure Act provides that matters relating to 
agency grants are not subject to prior notice and opportunity for 
comment, 5 U.S.C. 553(a)(2). Therefore, EPA is issuing these technical 
corrections as final rules.

III. Statutory and Executive Order Reviews

    This final rule corrects a technical error and does not otherwise 
change the requirements in the final rule. As a technical correction, 
this action is not subject to the statutory and Executive Order review 
requirements. For information about the statutory and Executive Order 
review requirements as they related to the final rule, see Section III 
in the Federal Register of June 16, 2009.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report 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 the publication of this final rule in the 
Federal Register. This final rule is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 35

    Environmental protection, Air pollution control, Grant programs--
environmental protection, Grant programs--Indians, Indians, 
Intergovernmental relations, Reporting and Recordkeeping requirements.

    Dated: August 31, 2009.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.

0
EPA amends 40 CFR Part 35 as follows:

PART 35--STATE AND LOCAL ASSISTANCE

Subpart A--[Amended]

0
1. The authority citation for part 35, subpart A continues to read as 
follows:

    Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 
U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 
15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 
110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 
1373 (1997); 5. 105-276, 112 Stat. 2461, 2499 (1988).


0
2. Section 35.133 is amended by revising paragraph (a) to read as 
follows:


Sec.  35.133  Programs eligible for inclusion.

    (a) Eligible programs. Except as provided in paragraph (b) of this 
section, the environmental programs eligible, in accordance with 
appropriation acts, for inclusion in a Performance Partnership Grant 
are listed in Sec.  35.101(a)(2) through (17) and (20). (Funds 
available from the section 205(g) State Administration Grants program 
(Sec.  35.101(a)(18)) and the Water Quality Management Planning Grant 
program (Sec.  35.101(a)(19)) and funds awarded to States under State 
Response Program Grants (Sec.  35.101(a)(20)) to capitalize a revolving 
loan fund for Brownfield remediation or purchase insurance or develop a 
risk sharing pool, an indemnity pool, or insurance mechanism to provide 
financing for response actions may not be included in Performance 
Partnership Grants.)
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[FR Doc. E9-21549 Filed 9-4-09; 8:45 am]

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