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Public Notice of Seven (7) Draft National Pollutant Discharge Elimination System (NPDES) General Permits for Storm Water Discharges From Industrial Activities
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 11, 2006 (Volume 71, Number 237)]
[Notices]
[Page 71540-71541]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de06-39]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8253-6]
Public Notice of Seven (7) Draft National Pollutant Discharge
Elimination System (NPDES) General Permits for Storm Water Discharges
From Industrial Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of proposed NPDES general permits for
public comment.
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SUMMARY: Region 8 of EPA is hereby giving notice of its tentative
determination to issue seven (7) NPDES general permits for storm water
discharges from regulated industrial activities. The proposed general
permits are applicable to Federal Facilities within the State of
Colorado and to Indian country within the Region 8 states as listed below.
------------------------------------------------------------------------
State Permit No. Areas covered
------------------------------------------------------------------------
Colorado.................... COR05*##F Federal Facilities
in the State of
Colorado, except
those located in
Indian country.
Colorado.................... COR05*##I Indian country
within the State of
Colorado, as well
as the portion of
the Ute Mountain
Reservation located
in New Mexico.
Montana..................... MTR05*##I Indian country
within the State of
Montana.
North Dakota................ NDR05*##I Indian country
within the State of
North Dakota
(except for the
portion of the
lands within the
former boundaries
of the Lake
Traverse Reservation
which is covered
under permit
SDR05*##I listed
below), as well as
that portion of the
Standing Rock
Reservation located
in South Dakota.
South Dakota................ SDR05*##I Indian country
within the State of
South Dakota
(except for the
Standing Rock
Reservation, which
is covered under
permit NDR05*##I listed
above), as well as
the portion of the
Pine Ridge
Reservation located
in Nebraska and the
portion of the
lands within the
former boundaries
of the Lake
Traverse
Reservation located
in North Dakota.
Utah........................ UTR05*##I Indian country
within the State of
Utah, except
Goshute and Navajo
Reservation lands
(permitted through
EPA Region 9).
Wyoming..................... WYR05*##I Indian country
within the State of
Wyoming.
------------------------------------------------------------------------
NPDES permit coverage is required for storm water discharges from
industrial activities in accordance with final EPA regulations for
Phase I (55 FR 48063, Nov. 16, 1990) and Phase II (64 FR 68722, Dec. 8,
1999) storm water discharges. Operators of regulated industrial
activities as defined in federal regulations at 40 CFR 122.26(b)(14)
are required to submit a Notice of Intent (NOI) application and a Storm
Water Pollution Prevention Plan (SWPPP) to EPA to be covered under the
general permit. Upon receipt of complete NOI and EPA approval of the
SWPPP, operators will be authorized to discharge storm water from their
industrial activities in accordance with the terms described in the
permit. Those industries which have a direct discharge of process
wastewater (non storm water) and/or whose storm water discharges are
subject to Effluent Limitation Guidelines (ELGs) must obtain permit
coverage for their storm water discharges under an individual permit.
In accordance with the draft general permit, operators of regulated
industrial activities must implement storm water management controls
which are designed to protect water quality and ensure that discharges
from industrial activities do not cause or contribute to a violation of
water quality standards. Several storm water management controls are
required by the permit and address good housekeeping, identification of
potential pollutant sources, preventative maintenance, spill prevention
and response, material handling/waste management, employee training,
record keeping, erosion/sediment control, illicit discharges, visual
inspections, and comprehensive facility inspections. Operators must
submit a pollution prevention plan to the EPA which includes a site map
and describes how the storm water management controls are being
implemented at the specified location.
DATES: Public comments on this draft permit must be received or
postmarked no later than January 10, 2007. A public hearing may be
requested in writing (see 40 CFR 124.11) within the comment period
concerning the proposed permit. EPA will hold a public hearing if on
the basis of requests, a significant degree of public interest in the
draft permit exists (see 40 CFR 124.12). Within 120 days following
notice of EPA's final decision for the general permit under 40 CFR
124.15, any interested person may appeal the permit in the Federal
Court of Appeals in accordance with section 509(b)(1) of the CWA.
Persons affected by a general permit may not challenge the conditions
of a general permit as a right in further Agency proceedings. They may
instead either challenge the general permit in court, or apply for an
individual permit as specified at 40 CFR
[[Page 71541]]
122.21 (and authorized at 40 CFR 122.28), and then petition the
Environmental Appeals Board to review any conditions of the individual
permit (40 CFR 124.19 as modified on May 15, 2000, 65 FR 30886).
ADDRESSES: Public comments or requests for a public hearing should be
sent to: Greg Davis (8P-W-WW); Attention: NPDES Permits; U.S. EPA,
Region 8; 999 18th Street, Suite 200; Denver, CO 80202-2466. Public
comments will also be accepted via electronic mail (E-mail) at
davis.gregory@epa.gov.
Public Comment Period: Public comments are invited. Comments must
be received or postmarked no later than January 10, 2007. Comments
should be sent to: Greg Davis at the above address. Each comment should
cite the page number and, where possible, the section(s) and/or
paragraph(s) in the draft permit or Fact Sheet to which each comment
refers. Commenters should use a separate paragraph for each issue discussed.
FOR FURTHER INFORMATION CONTACT: For a copy of the draft permit and
Fact Sheet or for further information on the draft permit, contact
either Greg Davis (303) 312-6314 (davis.gregory@epa.gov) at the above
address or Ellen Bonner, (303) 312-6371 (bonner.ellen@epa.gov), at U.S.
EPA Region 8 (8P-W-WW); 999 18th Street, Suite 200; Denver, CO 80202-
2466. Copies of the draft permit and Fact Sheet may be downloaded from
the EPA Region 8 Web site at http://www.epa.gov/region8/water/stormwater.
SUPPLEMENTARY INFORMATION: When the final general permit is issued, it
will be published by reference in the Federal Register. The general
permit will be effective on the date specified in the Federal Register
with an expiration five years from such date.
Administrative Record: The proposed general permit and other
related documents in the administrative record are on file in the EPA
Region 8 NPDES file room and may be inspected upon request any time
between 8 a.m. and 4 p.m., Monday through Friday, excluding legal
holidays, at the following address: U.S. EPA, Region 8; 999 18th
Street, Suite 200; Denver, CO 80202-2466. Requests to view files in the
Region 8 NPDES file room should be sent to Ellen Bonner, (303) 312-6371
bonner.ellen@epa.gov).
OMB Review: Issuance of an NPDES general permit is not subject to
rulemaking requirements, including the requirement for a general notice
of final rulemaking, under Administrative Procedure Act (APA) Section
533 or any other law, and is thus also not subject to the Regulatory
Flexibility Act (RFA) and the Unfundated Mandates Reform Act (UMRA)
requirements.
The APA defines two broad categories of agency action--``rules''
and ``orders.'' Its definition of ``rule'' encompasses ``an agency
statement of general or particular applicability and future effect
designed to implement, interpret, or prescribe law or policy or
describing the organization, procedure, or practice requirements of an
agency * * *'' APA section 551(4). Its definition of ``order'' is
residual: ``a final disposition * * * of an agency in a matter other
than rule making but including licensing.'' APA section 551(6)
(emphasis added). The APA defines ``license'' to ``include * * * an
agency permit * * *'' APA section 551(8). The APA thus categorizes a
permit as an order, which by the APA's definition is not a rule.
Section 553 of the APA establishes ``rule making'' requirements. The
APA defines ``rule making'' as ``the agency process for formulating,
amending, or repealing a rule.'' APA section 551(5). By its terms,
then, section 533 applies only to ``rules'' and not also to ``orders,''
which include permits.
Paperwork Reduction Act: EPA has reviewed the requirements imposed
on regulated facilities in these proposed general permits under the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information
collection requirements of these permits have already been approved by
the Office of Management and Budget in submissions made for the NPDES
permit program under the provisions of the Clean Water Act.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: November 29, 2006.
Carol L. Campbell,
Acting Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance.
[FR Doc. E6-20986 Filed 12-8-06; 8:45 am]
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