[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Rules and Regulations]
[Page 33250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16085]
[[Page 33250]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 9
[FRL-6111-4]
OMB Approval Numbers Under the Paperwork Reduction Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
technical amendment amends the table that lists the Office of
Management and Budget (OMB) control numbers issued under the PRA for
some of the information collections associated with National Pollutant
Discharge Elimination System (NPDES) permits under the Clean Water Act
(CWA).
EFFECTIVE DATE: This final rule is effective July 20, 1998.
FOR FURTHER INFORMATION CONTACT: Angela Lee, Environmental Protection
Agency, Office of Water, Permits Division (4203), 401 M. Street, SW,
Washington, D.C. 20460, Phone: 202-260-6814.
SUPPLEMENTARY INFORMATION: EPA is today amending the table of currently
approved information collection request (ICR) control numbers issued by
OMB for various regulations. Today's amendment updates the table to add
an OMB control number to reflect the fact that EPA shifted the burden
associated with specific regulatory provisions from one ICR to another.
The affected regulations are codified at 40 Code of Federal Regulations
(CFR) Sec. 122.44(g) and (i). EPA will continue to present OMB control
numbers in a consolidated table format to be codified in 40 CFR Part 9
of the Agency's regulations, and in each CFR volume containing EPA
regulations. The table lists the section numbers with reporting and
recordkeeping requirements, and the current OMB control numbers. This
listing of the OMB control numbers and their subsequent codification in
the CFR satisfy the requirements of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part
1320.
The recordkeeping and monitoring requirements associated with the
storm water program were approved in 1992 in a revision to the
Discharge Monitoring Report ICR (OMB No. 2040-0004). The burden for the
specific storm water requirements found in 40 CFR sections 122.44(i)
and (ii) was subsequently removed from OMB No. 2040-0004 and
incorporated into the NPDES Compliance Assessment/Certification ICR
(OMB No. 2040-0110) in 1996. The Discharge Monitoring Report ICR and
the NPDES Compliance Assessment/Certification ICR were previously
subject to public notice and comment prior to OMB approval. As a
result, EPA finds that there is ``good cause'' under section 553(b)(B)
of the Administrative Procedure Act (5 U.S.C. 553(b)(B)) to amend this
table without prior notice and comment. Due to the technical nature of
the table, further notice and comment would be unnecessary.
Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. section 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. However, section 808 provides that any
rule for which the issuing agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rule) that notice and public procedure thereon are impracticable,
unnecessary or contrary to the public interest, shall take effect at
such time as the agency promulgating the rule determines. 5 U.S.C.
808(2). As stated previously, EPA has made such a good cause finding,
including the reasons therefore, and established an effective date of
July 20, 1998. 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
Dated: June 10, 1998.
Robert Perciasepe,
Assistant Administrator, Office of Water.
For the reasons set out in the preamble, 40 CFR part 9 is amended
as follows:
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
1. The authority citation for Part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. In Sec. 9.1 the table is amended by revising entry
``122.44(g),(i)'' to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
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40 CFR citation OMB control No.
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EPA Administered Permit Programs: The National Pollutant Discharge
Elimination System
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122.44(g), (i).......................... 2040-0004, 2040-0170, 2040-
0110
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[FR Doc. 98-16085 Filed 6-17-98; 8:45 am]
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