80 FR 25235 - Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category; Correcting Amendment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 85 (May 4, 2015)

Page Range		25235-25236
FR Document		2015-10362

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.

Federal Register, Volume 80 Issue 85 (Monday, May 4, 2015)

[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Rules and Regulations]
[Pages 25235-25236]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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

Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 25235

64.034, Grants for Adaptive Sports § 77.8 Additional requirements and construction and development point
Programs for Disabled Veterans and procedures for applications. source category. This correcting
Disabled Members of the Armed Forces. * * * * * amendment corrects errors in the
(OMB has approved the information amendatory language of the March 6,
Signing Authority collection requirements in this section under 2014 final rule.
control number 2900–0820.)
The Secretary of Veterans Affairs, or DATES: The indefinite stay at 40 CFR
designee, approved this document and ■ 5. In § 77.9, revise the parenthetical at 450.22(a) and (b) is lifted and this rule
authorized the undersigned to sign and the end of the section to read as follows: is effective on May 4, 2015.
submit the document to the Office of the FOR FURTHER INFORMATION CONTACT: Mr.
Federal Register for publication § 77.9 Use of pre-applications.
Jesse W. Pritts, Engineering and
electronically as an official document of * * * * * Analysis Division, Office of Water
the Department of Veterans Affairs. Jose (OMB has approved the information (4303T), Environmental Protection
D. Riojas, Chief of Staff, Department of collection requirements in this section under
Agency, 1200 Pennsylvania Ave. NW.,
Veterans Affairs, approved this control numbers 2900–0820, 4040–0004 for
Standard Form 424, and 4040–0008 for Washington, DC 20460; telephone
document on April 16, 2015, for Standard Form 424C.) number: 202–566–1038; fax number:
publication. 202–566–1053; email address:
■ 6. In § 77.13, revise the parenthetical pritts.jesse@epa.gov.
List of Subjects in 38 CFR Part 77 at the end of the section to read as SUPPLEMENTARY INFORMATION: EPA
Administrative practice and follows: published a final rule on March 6, 2014
procedure, Grant programs—health, § 77.13 Applications for noncompetitive (79 FR 12661) to amend 40 CFR part
Grant programs—veterans, Health care, adaptive sports grants. 450. The amendatory instructions EPA
Health facilities, Reporting and provided in this final rule for the
* * * * *
recordkeeping requirements, Travel and (OMB has approved the information changes at 40 CFR 450.22(a) and (b)
transportation expenses, Veterans. collection requirements in this section under were incorrect. Since the provisions at
Dated: April 29, 2015 control number 2900–0820.) § 450.22(a) and (b) had been previously
Jeffrey M. Martin, indefinitely stayed by EPA, the
■ 7. In § 77.16, revise the parenthetical amendatory instructions should have
Program Manager, Office of Regulation Policy at the end of the section to read as
& Management, Office of the General Counsel, included a lift of the stay so that the
follows: CFR could reflect that those provisions
Department of Veterans Affairs.
§ 77.16 Grantee reporting requirements. had been amended. EPA did not include
Accordingly, the interim final rule language lifting the stay in the March 6,
amending 38 CFR chapter I by adding a * * * * *
(OMB has approved the information 2014 amendatory instructions. This
new part 77 that was published at 79 FR collection requirements in this section under action provides corrected amendatory
37211 on July 1, 2014, is adopted as a control number 2900–0820.) instructions so that the amendments
final rule with the following changes: promulgated on March 6, 2014 can be
■ 8. In § 77.19, revise the parenthetical incorporated into the CFR.
PART 77—GRANTS FOR ADAPTIVE at the end of the section to read as EPA has determined that this action
SPORTS PROGRAMS FOR DISABLED follows: falls under the ‘‘good cause’’ exemption
VETERANS AND DISABLED MEMBERS in section 553(b)(3)(B) of the
OF THE ARMED FORCES § 77.19 Financial management.
Administrative Procedure Act (APA),
* * * * *
(OMB has approved the information
which, upon finding ‘‘good cause,’’
■ 1. The authority citation is added to authorizes agencies to dispense with
read as follows: collection requirements in this section under
control number 2900–0820.) public participation where public notice
Authority: 38 U.S.C. 501, 521A, unless and comment procedures are
[FR Doc. 2015–10358 Filed 5–1–15; 8:45 am]
otherwise noted. impracticable, unnecessary, or contrary
BILLING CODE 8320–01–P
to the public interest. Public notice and
■ 2. In § 77.4, revise the parenthetical at comment for this action is unnecessary
the end of the section to read as follows: because this action only incorporates
ENVIRONMENTAL PROTECTION previously promulgated regulatory
§ 77.4 Applications. AGENCY changes into the CFR. EPA
* * * * *
(OMB has approved the information
inadvertently provided incorrect
40 CFR Part 450
collection requirements in this section under instructions to incorporate those
control numbers 2900–0820, 4040–0004 for [EPA–HQ–OW–2010–0884; FRL–9926–32– changes into the CFR. EPA can identify
Standard Form 424, and 4040–0008 for OW] no reason why the public would be
Standard Form 424C.) interested in having the opportunity to
Effluent Limitations Guidelines and comment on the correction prior to this
■ 3. In § 77.6, revise the parenthetical at Standards for the Construction and action being finalized since this action
the end of the section to read as follows: Development Point Source Category; does not alter any regulatory
Correcting Amendment requirements.
§ 77.6 Amendments to grant applications.
AGENCY: Environmental Protection EPA also finds that there is good
* * * * * cause under APA section 553(d)(3) for
(OMB has approved the information Agency (EPA).
ACTION: Final rule; correcting this correction to become effective on
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collection requirements in this section under
control number 4040–0004 for Standard amendment. the date of publication of this action.
Form 424 and 4040–0008 for Standard Form Section 553(d)(3) of the APA allows an
424C.) SUMMARY: On March 6, 2014, EPA effective date less than 30 days after
published a final rule in the Federal publication ‘‘as otherwise provided by
■ 4. In § 77.8, revise the parenthetical at Register revising effluent limitations the agency for good cause found and
the end of the section to read as follows: guidelines and standards for the published with the rule.’’ 5 U.S.C.

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25236 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations

553(d)(3). The purpose of the 30-day UMRA, 2 U.S.C. 1531–1538, and does I. National Technology Transfer and
waiting period prescribed in APA not significantly or uniquely affect small Advancement Act (NTTAA)
section 553(d)(3) is to give affected governments. The action imposes no This rulemaking does not involve
parties a reasonable time to adjust their enforceable duty on any state, local or technical standards.
behavior and prepare before the final tribal governments or the private sector.
rule takes effect. This rule, however, J. Executive Order 12898: Federal
does not alter any regulatory E. Executive Order 13132: Federalism Actions To Address Environmental
requirements, and thus there are no This action does not have federalism Justice in Minority Populations and
affected parties as explained above. implications. It will not have substantial Low-Income Populations
Rather, this action merely corrects direct effects on the states, on the This action is not subject to Executive
inadvertent errors in the amendatory relationship between the national Order 12898 because it does not concern
language for the CFR. For these reasons, government and the states, or on the or affect human health or environmental
EPA finds good cause under APA distribution of power and risk.
section 553(d)(3) for this correction to responsibilities among the various
become effective on the date of levels of government. K. Congressional Review Act (CRA)
publication of this action. This action is subject to the CRA, and
F. Executive Order 13175: Consultation
Statutory and Executive Order Reviews and Coordination With Indian Tribal the EPA will submit a rule report to
Governments each House of the Congress and to the
A. Executive Order 12866: Regulatory
Comptroller General of the United
Planning and Review and Executive This action does not have tribal States. The CRA allows the issuing
Order 13563: Improving Regulation and implications as specified in Executive agency to make a rule effective sooner
Regulatory Review
Order 13175 because it will not have a than otherwise provided by the CRA if
This action is not a significant substantial direct effect on one or more the agency makes a good cause finding
regulatory action and was therefore not Indian tribes, on the relationship that notice and comment rulemaking
submitted to the Office of Management between the Federal Government and procedures are impracticable,
and Budget (OMB) for review. Indian tribes, or on the distribution of unnecessary or contrary to the public
B. Paperwork Reduction Act (PRA) power and responsibilities between the interest (5 U.S.C. 808(2)). The EPA has
Federal Government and Indian tribes, made a good cause finding for this rule,
This action does not impose an as specified by Executive Order 13175 as discussed in the SUPPLEMENTARY
information collection burden under the (65 FR 67249, November 9, 2000). Thus, INFORMATION section of this preamble,
PRA. This action corrects an inadvertent Executive Order 13175 does not apply which includes the basis for that
error in the amendatory instructions of to this action. finding.
EPA’s March 6, 2014, final rule
regarding the construction and G. Executive Order 13045: Protection of List of Subjects in 40 CFR Part 450
development point source category and Children From Environmental Health
Environmental protection,
imposes no information collection Risks and Safety Risks
Construction industry, Land
burden on the industry because it does development, Water pollution control.
The EPA interprets Executive Order
not contain any information collection
13045 as applying only to those Dated: April 24, 2015.
activities.
regulatory actions that concern Kenneth J. Kopocis,
C. Regulatory Flexibility Act (RFA) environmental health or safety risks that Deputy Assistant Administrator, Office of
The Administrator certifies that this the EPA has reason to believe may Water.
action will not have a significant disproportionately affect children, per
the definition of ‘‘covered regulatory In rule FR Doc. 2014–04612 published
economic impact on a substantial on March 6, 2014, (79 FR 12661), make
number of small entities under the RFA. action’’ in section 2–202 of the
Executive Order. This action is not the following correction:
This action will not impose any On page 12667, in the second column,
requirements on small entities. This subject to Executive Order 13045
because it does not concern an revise amendatory instruction number
action corrects an inadvertent error in 4. to read as follows:
the amendatory instructions of EPA’s environmental health risk or safety risk.
March 6, 2014, final rule regarding the H. Executive Order 13211: Actions § 450.22 [Corrected]
construction and development point Concerning Regulations That ■ 4. Amend § 450.22 by:
source category and imposes no Significantly Affect Energy Supply, ■ a. Lifting the indefinite stay on
additional requirements on the industry. Distribution or Use paragraphs (a) and (b); and
D. Unfunded Mandates Reform Act This action is not subject to Executive ■ b. Removing and reserving paragraphs
(UMRA) Order 13211, because it is not a (a) and (b).
This action does not contain any significant regulatory action under [FR Doc. 2015–10362 Filed 5–1–15; 08:45 am]
unfunded mandate as described in Executive Order 12866. BILLING CODE 6560–50–P
tkelley on DSK3SPTVN1PROD with RULES

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Document Created: 2018-02-21 10:22:34
Document Modified: 2018-02-21 10:22:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correcting amendment.
Dates		The indefinite stay at 40 CFR 450.22(a) and (b) is lifted and this rule is effective on May 4, 2015.
Contact		Mr. Jesse W. Pritts, Engineering and Analysis Division, Office of Water (4303T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
FR Citation		80 FR 25235
CFR Associated		Environmental Protection; Construction Industry; Land Development and Water Pollution Control