Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17403 

[Renumber current 3.14.3 as new 

3.16.] 

[Renumber current 3.14.4 as new 3.6.] 

[Renumber current 3.15 as new 3.17.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–8532 Filed 4–14–09; 8:45 am] 

BILLING CODE 7710–12–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–HQ–OW–2006–0765; FRL–8792–3] 

RIN 2040–AE99 

Withdrawal of NPDES Voluntary Permit 

Fee Incentive for Clean Water Act 

Section 106 Grants; Allotment Formula 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action on 

withdrawal of a regulation revising the 

allotment formula contained in EPA’s 

Clean Water Act (CWA) Section 106 

Water Pollution Control grant 

regulations. The current regulations 

include a financial incentive for States 

to voluntarily collect adequate National 

Pollutant Discharge Elimination System 

(NPDES) permit fees. This final rule 

withdraws the financial incentive for 

States to voluntarily collect permit fees. 

DATES: This rule is effective on April 15, 

2009 without further notice. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2006–0765. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 


rwilkins on PROD1PC63 with RULESER15AP09.002</GPH>
17404 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Water Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Robyn Delehanty, Office of Water, 

Office of Wastewater Management, 

4201M, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone 

number: (202) 564–3880; fax number: 

(202) 501–2346; e-mail 

address:delehanty.robyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Affected Entities: State Agencies that 

are eligible to receive grants under 

Section 106 of the Clean Water Act 

(CWA). 

II. Background 

Section 106 of the CWA authorizes 

the EPA to provide grants to State and 

interstate agencies [footnote 1 (CWA 

Sections 106 and 518 authorize EPA to 

award such grants to eligible Indian 

Tribes, but this rule does not affect 

those grants)] to administer programs for 

the prevention, reduction, and 

elimination of water pollution, 

including the development and 

implementation of groundwater 

protection strategies. Section 106(b) of 

the CWA directs the EPA Administrator 

to make allotments ‘‘in accordance with 

regulations promulgated by him on the 

basis of the extent of the pollution 

problem in the respective States.’’ EPA’s 

regulations implementing Section 106 

can be found at 40 CFR 35.160 et seq. 

EPA’s current allotment formula for 

Section 106 grants includes an 

allotment ratio for each State based on 

six components selected to reflect the 

extent of the water pollution problem in 

the respective States. These six 

components are surface water area, 

ground water use, water quality 

impairment, potential point sources, 

nonpoint sources, and the population of 

urbanized areas. 40 CFR 35.162(b)(1)(i). 

By including a component related to 

point sources, EPA recognizes the 

important role they play in determining 

the extent of pollution in a State. 

EPA proposed a rule amending the 

CWA Section 106 allotment formula on 

January 4, 2007 (72 FR 293) and 

requested comments from interested 

parties. EPA received 717 comments on 

the proposed rule. A summary of the 

significant public comments and the 

Agency’s responses can be found at 

Docket No. EPA–HQ–OW–2006–0765. 

There were also two changes to the final 

rule which EPA determined necessary. 

These changes involved delaying 

implementation of the rule until FY 

2009 and changing the base fiscal year 

which the Agency would use to 

determine if an allotment for this 

purpose should be made. EPA’s 

responses to all comments received on 

the rulemaking are included in the 

docket described above. 

The final rule promulgated September 

10, 2008 (73 FR 52584) amended the 

State allotment formula to incorporate 

financial incentives for States to 

implement adequate NPDES fee 

programs. The Agency recognizes the 

importance of States’ flexibility in 

program management. Therefore, the 

final rule was purely an incentive; it 

was voluntary and would not have 

impacted States’ base funds. The 

incentive allotment could only be 

funded after an increase above the FY 

2008 level in the total amount of funds 

allotted to States under 40 CFR 

35.162(b). Additionally, the Agency had 

discretion regarding whether to fund the 

incentive allotment. 

Today’s final rule withdraws the 

‘‘Permit Fee Rule’’ promulgated on 

September 10, 2008. 

The Clean Water Act prohibits the 

discharge of any pollutant from point 

sources to waters of the U.S. except in 

compliance with other provisions of the 

statute. 33 U.S.C. 1311(a). One of these 

provisions is CWA Section 402, under 

which pollutant discharges can be 

authorized by an NPDES permit. 33 

U.S.C. 1342(a). EPA oversees the NPDES 

program and also approves applications 

from States to administer and enforce 

the NPDES program in those States. 

Currently, 46 States are authorized by 

EPA to administer all or some parts of 

the NPDES program. 

Federal funds under the Water 

Pollution Control grants, together with 

State resources, are used to establish 

and maintain adequate measures to 

prevent, reduce and eliminate water 

pollution. As State agencies carry out 

most of the day-to-day aspects of water 

quality functions, their responsibilities 

are expanding while they are 

simultaneously facing increasingly 

severe funding constraints. The growing 

complexity of water quality issues has 

prompted more States to implement 

NPDES permit fee programs. An 

estimated 42 States currently have 

permit fee programs in place, with such 

fees paying for all or a portion of the 

cost of the State’s permit program. 

A number of States still operate their 

permit programs with little or no 

reliance on permit fees. States can 

address permit program budget 

shortfalls through the implementation of 

permit fee programs that collect funds to 

cover the cost of issuing and 

administering permits. Funding permit 

programs with the support of permit 

fees allows States to use CWA Section 

106 funds for other critical water quality 

programs, which address the 

prevention, reduction, and elimination 

of water pollution. 

Conclusion 

After careful evaluation, EPA is 

withdrawing the Permit Fee Rule. EPA 

has maintained an on-going discussion 

with the States throughout the 

rulemaking process and has heard the 

States’ concern with the rule. EPA 

respects and values this feedback from 

the States and looks forward to 

continuing the successful partnership 

with them. EPA also notes the lack of 

congressional support for the rule. The 

FY 2008 Congressional Budget language 

directed EPA to use the same allocation 

method as used in prior years and the 

Conference Report for the Omnibus 

Appropriations Act for 2009 includes 

language stating Congress does not 

support the creation of an incentive 

pool with 2009 funds. At a time when 

State budgets are already strained, EPA 

continues to encourage States to 

develop sustainable programs that share 

the cost with those who benefit from 

NPDES permits. The Agency applauds 

the 42 States that already collect some 

form of fees for NPDES permits. 

Statutory and Executive Order 

Reviews: Under Executive Order 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

OMB review. Because this rule is not 

subject to notice and comment 

requirements under the Administrative 

Procedures Act or any other statute, it 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title 2 of the Unfunded 

Mandates Reform Act of 1999 (UMRA)) 

for State, local, or tribal governments or 

the private sector that would subject the 

rule to Sections 202 and 205 of the 

UMRA) (Pub. L. 104–4). The rule 

imposes no enforceable duty on any 


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Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17405 

State, local, or Tribal governments or 

the private sector. In addition, this rule 

does not significantly or uniquely affect 

small governments. This rule does not 

create new binding legal requirements 

and does not substantially and directly 

affect Indian Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. This rule will not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). Executive Order 12898 (59 FR 

7629 (February 16, 1994)) establishes 

federal executive policy on 

environmental justice. EPA has 

determined that this rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it is a grant rule that does not 

affect the level of protection provided to 

human health or the environment. This 

rule is not a ‘‘significant energy action’’ 

as defined in Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Further, we have concluded that this 

rule is not likely to have any adverse 

energy effects. This rule does not 

involve technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an additional information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., generally provides that before 

certain actions may take effect, the 

agency promulgating the action must 

submit a report, which includes a copy 

of the action, 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 publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective on April 15, 2009. 

List of Subjects in 40 CFR Part 35 

Environmental protection, 

Administrative practices and 

procedures, Reporting and 

recordkeeping requirements, Water 

pollution control. 

Dated: April 9, 2009. 

Michael H. Shapiro, 

Acting Assistant Administrator, Office of 

Water. 

■ EPA amends 40 CFR part 35 as 

follows: 

PART 35–[AMENDED] 

■ 1. The authority for 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.; 

Public Law 104–134, 110 Stat. 1321, 1321– 

299 (1966); Public Law 105–65, 111 Stat. 

1344, 1373 (1997). 

§ 35.162 [Amended] 

■ 2. Section 35.162 is amended by 

removing paragraph (e). 

[FR Doc. E9–8644 Filed 4–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1170; FRL–8410–1] 

Modification of Pesticide Tolerance 

Revocation for Diazinon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule resolves an 

objection filed by the California Grape 

and Tree Fruit League in response to a 

final rule on diazinon tolerances 

published on September 10, 2008 (73 FR 

52607) by granting the objection and 

modifying the revocation of the 

diazinon tolerance on grapes to expire 

on September 10, 2010. 

DATES: This final rule is effective April 

15, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1170. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Jane 

Smith, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

0048; fax number: (703) 308–8005; email address: smith.jane-scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 


rwilkins on PROD1PC63 with RULES