[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 46019-46020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21549]
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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.
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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).
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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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