[Federal Register: April 27, 2009 (Volume 74, Number 79)]
[Notices]
[Page 19082-19083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap09-54]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8897-1]
Cross-Media Electronic Reporting Rule State Authorized/Approved
Program Modification/Revision Approval: State of Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's approval, under regulations for
Cross-Media Electronic Reporting, of the State of Texas' request to
modify/revise their program to allow electronic reporting for certain
of their EPA-authorized programs. This notice also announces an
opportunity to request a public hearing on EPA's approval of the State
of Texas' request to revise their EPA-authorized National Primary
Drinking Water Regulations Implementation program to allow electronic
reporting.
DATES: EPA's approval is effective May 27, 2009 for the State of Texas'
National Primary Drinking Water Regulations Implementation program if
no timely request for a public hearing is received and accepted by the
Agency; and on April 27, 2009 for the State of Texas' other authorized
programs.
FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1697, huffer.evi@epa.gov, or David Schwarz, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1704, schwarz.david@epa.gov. All requests for a hearing should be
submitted to both of the above contacts.
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 acceptable regulatory alternative to paper
reporting and establishes requirements to assure that electronic
documents are as legally dependable as their paper counterparts. Under
Subpart D of CROMERR, 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 get 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, in 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 October 14, 2008, the Texas State Commission on Environmental
Quality (TCEQ) submitted two applications, for their Net Discharge
Monitoring Report (NetDMR) and the State of Texas Environmental
Electronic Reporting System (STEERS) electronic document receiving
systems for revision or modification of multiple authorized programs
under 40 CFR parts 51, 60, 63, 70, 123, 142, 233-404, 271, 281, and
403.
EPA reviewed TCEQ's requests to revise/modify multiple authorized
programs and, based on this review, EPA determined the two applications
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 TCEQ's
requests for modifications/revisions to certain of their authorized
programs under title 40 to allow electronic reporting for specific
reports under those programs is being published in the Federal
Register.
Specifically, EPA has approved TCEQ's request for modifications/
revisions to the following of their authorized programs to allow
electronic reporting under 40 CFR parts 51, 60-63, 70, 122-124, 141,
239, 262, 264-266, 268, 270, 280, and 403:
Part 51--Requirements for Preparation, Adoption, and
Submittal of Implementation Plans;
Part 60--Standards of Performance for New Stationary
Sources;
Part 63--National Emission Standards for Hazardous Air
Pollutants for Source Categories;
Part 70--State Operating Permit Programs;
Part 123--State Program Requirements;
Part 142--National Primary Drinking Water Regulations
Implementation;
Part 233-404--State Program Regulations;
Part 271--Requirements for Authorization of State
Hazardous Waste Programs;
Part 281--Approval of State Underground Storage Tank
Programs; and
Part 403--General Pretreatment Regulations for Existing
and New Sources of Pollution.
TCEQ was notified of EPA's determination to approve its two
[[Page 19083]]
applications with respect to the authorized programs listed above in a
letter dated 04/16/2009.
Also, in today's notice, EPA is informing interested persons that
they may request a public hearing on EPA's action to approve the State
of Texas' request to revise their authorized public water system
program under 40 CFR Part 142, in accordance with 40 CFR 3.1000(f).
Requests for a hearing must be submitted to EPA within 30 days of
publication of today's Federal Register notice. Such requests should
include the following information:
(1) The name, address and telephone number of the individual,
organization or other entity requesting a hearing;
(2) A brief statement of the requesting person's interest in EPA's
determination, a brief explanation as to why EPA should hold a hearing,
and any other information that the requesting person wants EPA to
consider when determining whether to grant the request;
(3) The signature of the individual making the request, or, if the
request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.
In the event a hearing is requested and granted, EPA will provide
notice of the hearing in the Federal Register not less than 15 days
prior to the scheduled hearing date. Frivolous or insubstantial
requests for hearing may be denied by EPA. Following such a public
hearing, EPA will review the record of the hearing and issue an order
either affirming today's determination or rescinding such
determination. If no timely request for a hearing is received and
granted, EPA's approval of the State of Texas' request to revise their
Part 142--National Primary Drinking Water Regulations Implementation
program to allow electronic reporting will become effective 30 days
after today's notice is published, pursuant to CROMERR section
3.1000(f)(4).
Dated: April 16, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9-9582 Filed 4-24-09; 8:45 am]
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