[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10438-10439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4823]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 450
[EPA-HQ-OW-2008-0465; FRL-9118-7]
RIN 2040-AE91
Effluent Limitations Guidelines and Standards for the
Construction and Development Point Source Category; Correction
AGENCY: Environmental Protection Agency.
ACTION: Correcting amendments.
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SUMMARY: The Environmental Protection Agency (EPA) is correcting a date
in a final rule that appeared in the Federal Register on December 1,
2009, 74 FR 62995, due to a date calculation error. The final rule
established Clean Water Act technology-based Effluent Limitations
Guidelines and New Source Performance Standards for the Construction
and Development point source category.
DATES: Effective on March 8, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts at 202-566-1038
(pritts.jesse@epa.gov).
SUPPLEMENTARY INFORMATION:
Correction of Final Rule
The Environmental Protection Agency is correcting a final rule that
appeared in the Federal Register on Tuesday, December 1, 2009. 74 FR
62995. The final rule established Clean Water Act technology-based
Effluent Limitations Guidelines and New Source Performance Standards
for the Construction and Development (C&D) point source category. The
final C&D rule as signed by the Administrator on November 29, 2009 and
posted, pre-publication, on http://www.epa.gov set an applicable date
for the numeric effluent limitation and associated monitoring
requirements for sites that disturb 20 or more acres of land at one
time for 20 months from the publication of the rule in the Federal
Register. That date was expressed as a calculation: ``20 months after
the date of publication of the final rule'' or (in other places) ``18
months after the effective date of the rule.'' The date would be the
same under either calculation, because the effective date of the rule
was two months after publication. That date is indicated in several
locations throughout the preamble of the final rule. See e.g., 74 FR
63050. A member of the public reading the preamble and regulatory text
of the final rule as sent to the Office of the Federal Register (OFR)
for publication and published on EPA's Web site would easily be able to
calculate the date intended by this rule and would certainly understand
that compliance with the numeric effluent limitation and associated
monitoring requirements would be required later than 2010.
The rule was effective on February 1, 2010. Calculated correctly,
this means that August 1, 2011, is the date by which discharges from
construction sites that disturb 20 or more acres of land at one time
must comply with the numeric effluent limitation and monitoring
requirements.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because such notice and
opportunity for comment is unnecessary and contrary to public interest.
Related Acts of Congress, Executive Orders and Agency Initiatives
Under Executive Order 12866, 58 FR 51735 (October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. Because the
agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure Act or any other statute, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., or to sections 202 and 205 of the Unfunded Mandates Reform Act
of 1995 (UMRA) Public Law 104-4. In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not significantly or uniquely affect
the communities of tribal governments, as specified by Executive Order
13084. 63 FR 27655 (May 10, 1998). This rule 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. 64 FR 43255 (August 10, 1999). This rule also
is not subject to Executive Order 13045, 62 FR 19885 (April 23, 1997),
because it is not economically significant.
[[Page 10439]]
This technical correction action does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995, 15 U.S.C. 272, do not
apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898, 59 FR 7629 (February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988, 61
FR 4729 (February 7, 1996). EPA has complied with Executive Order
12630, 53 FR 8859 (March 15, 1988), by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. EPA's
compliance with these statutes and Executive Orders for the underlying
rule is discussed in the December 1, 2009 Federal Register notice. 74
FR 62995.
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. Section 808 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 public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of March 8, 2010.
The effective date of today's correction is earlier than 30 days after
publication. EPA finds that the earlier effective date clarifies the
applicability date of the numeric effluent limit and associated
monitoring requirements for sites that disturb 20 or more acres of land
at one time for all stakeholders. Today's amendment eliminates an
inconsistency and thus, reduces the opportunity for confusion. Any
additional delay in correcting the error would only increase the
potential confusion. Thus, EPA sets an effective date to make the
correction immediately effective. 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. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 450
Environmental protection, Construction industry, Land development,
Erosion, Sediment, Stormwater, Water pollution control.
Dated: March 1, 2010.
Peter S. Silva,
Assistant Administrator for Water.
0
Accordingly, 40 CFR Part 450 is corrected by making the following
correcting amendments:
PART 450--CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY
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1. The authority citation for part 450 continues to read as follows:
Authority: 42 U.S.C. 101, 301, 304, 306, 308, 401, 402, 501 and
510.
0
2. Revise the introductory text of paragraph (a) of Sec. 450.22 to
read as follows:
Sec. 450.22 Effluent limitations reflecting the best available
technology economically achievable (BAT).
* * * * *
(a) Beginning no later than August 1, 2011 during construction
activity that disturbs 20 or more acres of land at one time, including
non-contiguous land disturbances that take place at the same time and
are part of a larger common plan of development or sale; and no later
than February 2, 2014 during construction activity that disturbs ten or
more acres of land area at one time, including non-contiguous land
disturbances that take place at the same time and are part of a larger
common plan of development or sale, the following requirements apply:
* * * * *
[FR Doc. 2010-4823 Filed 3-5-10; 8:45 am]
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