80 FR 26254 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Florida

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range		26254-26255
FR Document		2015-10989

This notice announces EPA's approval of the State of Florida's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26254-26255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10989]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL_XXXX-X]


Cross-Media Electronic Reporting: Authorized Program Revision 
Approval, State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of the State of Florida's 
request to revise/modify certain of its EPA-authorized programs to 
allow electronic reporting.

DATES: EPA's approval is effective May 7, 2015.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental 
Protection Agency, Office of Environmental Information, Mail Stop 
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175, [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media 
Electronic Reporting Rule (CROMERR) was published in the Federal 
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. 
CROMERR establishes electronic reporting as an

[[Page 26255]]

acceptable regulatory alternative to paper reporting and establishes 
requirements to assure that electronic documents are as legally 
dependable as their paper counterparts. Subpart D of CROMERR requires 
that state, tribal or local government agencies that receive, or wish 
to begin receiving, electronic reports under their EPA-authorized 
programs must apply to EPA for a revision or modification of those 
programs and obtain EPA approval. Subpart D provides standards for such 
approvals based on consideration of the electronic document receiving 
systems that the state, tribe, or local government will use to 
implement the electronic reporting. Additionally, Sec.  3.1000(b) 
through (e) of 40 CFR part 3, subpart D provides special procedures for 
program revisions and modifications to allow electronic reporting, to 
be used at the option of the state, tribe or local government in place 
of procedures available under existing program-specific authorization 
regulations. An application submitted under the subpart D procedures 
must show that the state, tribe or local government has sufficient 
legal authority to implement the electronic reporting components of the 
programs covered by the application and will use electronic document 
receiving systems that meet the applicable subpart D requirements.
    On February 25, 2015, the Florida Department of Environmental 
Protection (FDEP) submitted an application titled ``National Pollutant 
Discharge Elimination System e-Reporting Tool (NeT)'' for revisions/
modifications of its EPA-authorized programs under title 40 CFR. EPA 
reviewed FDEP's request to revise/modify its EPA-authorized programs 
and, based on this review, EPA determined that the application met the 
standards for approval of authorized program revisions/modifications 
set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 
3.1000(d), this notice of EPA's decision to approve Florida's request 
to revise/modify its following EPA-authorized programs to allow 
electronic reporting under 40 CFR parts 122, 403, and 503 is being 
published in the Federal Register:

Part 123--EPA Administered Permit Programs: The National Pollutant 
Discharge Elimination System
Part 403--General Pretreatment Regulations For Existing And New Source 
Of Pollution
Part 501--State Sludge Management Program Regulations

    FDEP was notified of EPA's determination to approve its application 
with respect to the authorized programs listed above.

Matthew Leopard,
Acting Director, Office of Information Collection.
[FR Doc. 2015-10989 Filed 5-6-15; 8:45 am]
 BILLING CODE 6560-50-P

26254 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices

(hp), and new locomotives or new amendments only require retrofit to the review of this final action may not be
engines used in locomotives. Tier 4 emission level if appropriate obtained in subsequent enforcement
CARB maintains that its CHE technology is available and require the proceedings, pursuant to section
amendments do not regulate new retrofit be performed within one year. 307(b)(2) of the Act.
engines which are used in construction EPA did not receive any comment or
or farm equipment or vehicles below IV. Statutory and Executive Order
evidence to suggest that either of the
175 hp, nor do the CHE amendments two amendments for which CARB Reviews
regulate new locomotives or new requested authorization is As with past authorization and waiver
engines used in locomotives. technologically infeasible. decisions, this action is not a rule as
In light of the lack of contrary Consequently, based on the record, defined by Executive Order 12866.
information in the record, EPA cannot EPA is unable to make the finding that Therefore, it is exempt from review by
make a finding that CARB’s CHE the CHE amendments are not the Office of Management and Budget as
amendments are inconsistent with technologically feasible with the required for rules and regulations by
section 209(e)(1). Therefore, EPA cannot available lead time giving consideration Executive Order 12866.
deny CARB’s authorization request on to the cost of compliance. In addition, this action is not a rule
this basis. EPA received no comments suggesting as defined in the Regulatory Flexibility
that CARB’s CHE amendments pose any Act, 5 U.S.C. 601(2). Therefore, EPA has
3. Consistency With Section 209(b)(1)(C)
test procedure consistency problem. not prepared a supporting regulatory
The requirement that California’s Therefore, based on the record, EPA flexibility analysis addressing the
standards be consistent with section cannot find that CARB’s testing impact of this action on small business
209(b)(1)(C) of the Clean Air Act procedures are inconsistent with section entities.
effectively requires consistency with 202(a) and cannot deny CARB’s request Further, the Congressional Review
section 202(a) of the Act. To determine based on this criterion. Act, 5 U.S.C. 801, et seq., as added by
this consistency, EPA has applied to the Small Business Regulatory
California nonroad standards the same III. Decision
Enforcement Fairness Act of 1996, does
test it has used previously for California The Administrator has delegated the not apply because this action is not a
motor vehicle standards; namely, state authority to grant California section rule for purposes of 5 U.S.C. 804(3).
standards are inconsistent with section 209(e) authorizations to the Assistant
Dated: April 29, 2015.
202(a) of the Act if there is inadequate Administrator for Air and Radiation.
After evaluating CARB’s amendments to Janet G. McCabe,
lead-time to permit the development of
technology necessary to meet those its CHE regulations described above and Acting Assistant Administrator, Office of Air
CARB’s submissions for EPA review, and Radiation.
requirements, giving appropriate
consideration to the cost of compliance EPA is taking the following actions. [FR Doc. 2015–11034 Filed 5–6–15; 8:45 am]
within that timeframe. California’s First, EPA is granting a within-the- BILLING CODE 6560–50–P

accompanying enforcement procedures scope authorization for the CHE
would also be inconsistent with section amendments that modify the retrofit
202(a) if federal and California test requirements, modify operational ENVIRONMENTAL PROTECTION
procedures conflicted. The scope of practices, allow demonstration of AGENCY
EPA’s review of whether California’s emissions equivalency for alternative [FRL_XXXX–X]
action is consistent with section 202(a) technology, and modify compliance
is narrow. The determination is limited requirements. Cross-Media Electronic Reporting:
to whether those opposed to the Second, EPA is granting a full Authorized Program Revision
authorization or waiver have met their authorization for the CHE amendments Approval, State of Florida
burden of establishing that California’s that establish a new opacity based
monitoring program and new retrofit AGENCY: Environmental Protection
standards are technologically infeasible, Agency (EPA).
or that California’s test procedures requirements for engines meeting the
Tier 4 FEL standards. ACTION: Notice.
impose requirements inconsistent with
the federal test procedures.37 This decision will affect persons in
California and those manufacturers and/ SUMMARY: This notice announces EPA’s
CARB states that the smoke opacity approval of the State of Florida’s request
test is a quick and inexpensive way to or owners/operators nationwide who
must comply with California’s to revise/modify certain of its EPA-
detect if an engine is emitting excessive authorized programs to allow electronic
emissions. CARB maintains that the requirements. In addition, because other
states may adopt California’s standards reporting.
smoke opacity test is technologically
for which a section 209(e)(2)(A) DATES: EPA’s approval is effective May
feasible and that compliance with the
authorization has been granted if certain 7, 2015.
standards does not require the
criteria are met, this decision would FOR FURTHER INFORMATION CONTACT:
incorporation of any new technology
not already required by existing also affect those states and those Karen Seeh, U.S. Environmental
regulations that have previously persons in such states. See CAA section Protection Agency, Office of
received an EPA authorization. CARB 209(e)(2)(B). For these reasons, EPA Environmental Information, Mail Stop
also states that the clarification of the determines and finds that this is a final 2823T, 1200 Pennsylvania Avenue NW.,
Tier 4 FEL emission standards action of national applicability, and also Washington, DC 20460, (202) 566–1175,
seeh.karen@epa.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES

provisions are technologically feasible a final action of nationwide scope or
and were designed to correct an effect for purposes of section 307(b)(1) SUPPLEMENTARY INFORMATION: On
unintentional error and to clarify the of the Act. Pursuant to section 307(b)(1) October 13, 2005, the final Cross-Media
original intent of the previously of the Act, judicial review of this final Electronic Reporting Rule (CROMERR)
authorized CHE regulations. The CHE action may be sought only in the United was published in the Federal Register
States Court of Appeals for the District (70 FR 59848) and codified as part 3 of
37 See, e.g., Motor and Equip. Mfrs Assoc. v. EPA, of Columbia Circuit. Petitions for review title 40 of the CFR. CROMERR
627 F.2d 1095 (D.C. Cir. 1979) (‘‘MEMA I’’). must be filed by July 6, 2015. Judicial establishes electronic reporting as an

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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 26255

acceptable regulatory alternative to with respect to the authorized programs ADDRESSES: Direct all PRA comments to
paper reporting and establishes listed above. Nicholas A. Fraser, Office of
requirements to assure that electronic Management and Budget, via fax at 202–
Matthew Leopard,
documents are as legally dependable as 395–5167 or via email at Nicholas_A._
Acting Director, Office of Information
their paper counterparts. Subpart D of Collection.
Fraser@omb.eop.gov. Also, please
CROMERR requires that state, tribal or submit your PRA comments to the FCC
[FR Doc. 2015–10989 Filed 5–6–15; 8:45 am]
local government agencies that receive, by email at PRA@fcc.gov.
BILLING CODE 6560–50–P
or wish to begin receiving, electronic FOR FURTHER INFORMATION CONTACT:
reports under their EPA-authorized Nicole Ongele, Office of the Managing
programs must apply to EPA for a Director, FCC at (202) 418–2991.
revision or modification of those FEDERAL COMMUNICATIONS
COMMISSION SUPPLEMENTARY INFORMATION: The
programs and obtain EPA approval. Commission is requesting that OMB
Subpart D provides standards for such [3060–0806] approve this revised information
approvals based on consideration of the collection under the emergency
electronic document receiving systems Information Collection Being
processing provisions of the PRA, 5 CFR
that the state, tribe, or local government Submitted for Emergency Review and
1320.5, 1320.8(d), and 1320.13 by July
will use to implement the electronic Approval to the Office of Management
1, 2015.
reporting. Additionally, § 3.1000(b) and Budget
OMB Control Number: 3060–0806.
through (e) of 40 CFR part 3, subpart D AGENCY: Federal Communication Title: Universal Service—Schools and
provides special procedures for program Commission. Libraries Universal Service Program,
revisions and modifications to allow FCC Forms 470 and 471.
ACTION: Notice and request for
electronic reporting, to be used at the Form Number: FCC Forms 470 and
comments.
option of the state, tribe or local 471.
government in place of procedures SUMMARY: The Federal Communications Type of Review: Revision to a
available under existing program- Commission (FCC), as part of its currently approved collection.
specific authorization regulations. An continuing effort to reduce paperwork Respondents: State, local or tribal
application submitted under the subpart burden, invites the general public and government public institutions, and
D procedures must show that the state, other Federal agencies to take this other not-for-profit institutions.
tribe or local government has sufficient opportunity to comment on the Number of Respondents and
legal authority to implement the following information collection(s), as Responses: 82,000 respondents; 82,000
electronic reporting components of the required by the Paperwork Reduction responses.
programs covered by the application Act (PRA) of 1995. Comments are Estimated Time per Response: 3.5
and will use electronic document requested concerning: (a) Whether the hours for FCC Form 470 (3 hours for
receiving systems that meet the proposed collection(s) of information is response; 0.5 hours for recordkeeping);
applicable subpart D requirements. necessary for the proper performance of 4.5 hours for FCC Form 471 (4 hours for
On February 25, 2015, the Florida the functions of the Commission, response; 0.5 hours for recordkeeping).
Department of Environmental Protection including whether the information shall Frequency of Response: On occasion
(FDEP) submitted an application titled have practical utility; (b) the accuracy of and annual reporting requirements, and
‘‘National Pollutant Discharge the Commission’s burden estimate; (c) recordkeeping requirement.
Elimination System e-Reporting Tool ways to enhance the quality, utility, and Obligation to Respond: Required to
(NeT)’’ for revisions/modifications of its clarity of the information collected; (d) obtain or retain benefits. Statutory
EPA-authorized programs under title 40 ways to minimize the burden of the authority for this information collection
CFR. EPA reviewed FDEP’s request to collection(s) of information on the is contained in 47 U.S.C. 151–154, 201–
revise/modify its EPA-authorized respondents, including the use of 205, 218–220, 254, 303(r), 403, and 405.
programs and, based on this review, automated collection techniques or Total Annual Burden: 334,000 hours.
EPA determined that the application other forms of information technology; Total Annual Cost: N/A.
met the standards for approval of and (e) ways to further reduce the Privacy Act Impact Assessment: No
authorized program revisions/ information burden for small business impact(s).
modifications set out in 40 CFR part 3, concerns with fewer than 25 employees. Nature and Extent of Confidentiality:
subpart D. In accordance with 40 CFR The FCC may not conduct or sponsor There is no assurance of confidentiality
3.1000(d), this notice of EPA’s decision a collection of information unless it provided to respondents concerning this
to approve Florida’s request to revise/ displays a currently valid Office of information collection. However,
modify its following EPA-authorized Management and Budget (OMB) Control respondents may request materials or
programs to allow electronic reporting Number. No person shall be subject to information submitted to the
under 40 CFR parts 122, 403, and 503 any penalty for failing to comply with Commission or to the Administrator be
is being published in the Federal a collection of information subject to the withheld from public inspection under
Register: Paperwork Reduction Act (PRA) that 47 CFR 0.459 of the FCC’s rules.
does not display a valid OMB Control Needs and Uses: The Commission
Part 123—EPA Administered Permit Number.
Programs: The National Pollutant seeks to revise OMB 3060–0806 to
Discharge Elimination System DATES: Written Paperwork Reduction conform this information collection to
mstockstill on DSK4VPTVN1PROD with NOTICES

Act (PRA) comments should be changes implemented in the Second E-
Part 403—General Pretreatment
submitted on or before June 8, 2015. Rate Modernization Order (WC Docket
Regulations For Existing And New
If you anticipate that you will be No. 13–184, FCC 14–189; 80 FR 5961,
Source Of Pollution
submitting comments, but find it February 4, 2015). Collection of the
Part 501—State Sludge Management difficult to do so within the period of information on FCC Forms 470 and 471
Program Regulations time allowed by this notice, you should is necessary so that the Commission and
FDEP was notified of EPA’s advise the FCC contact listed below as the Universal Service Administrative
determination to approve its application soon as possible. Company (USAC) have sufficient

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Document Created: 2015-12-16 07:50:33
Document Modified: 2015-12-16 07:50:33

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		Notices
Action		Notice.
Dates		EPA's approval is effective May 7, 2015.
Contact		Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566- 1175, [email protected]
FR Citation		80 FR 26254