[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Notices]
[Pages 16775-16776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4844]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8053-6]
Notice of Availability of Revisions to Proposed NPDES General
Permits for Small Municipal Separate Storm Sewer Systems (MS4s) in New
Mexico, Indian Country Lands in New Mexico and Indian Country Lands in
Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: EPA Region 6 is announcing the availability of a supplemental
fact sheet describing proposed revisions to, and is reopening the
comment period for, previously proposed National Pollutant Discharge
Elimination System (NPDES) general permits for storm water discharges
from small municipal separate storm sewer systems (MS4s) located in the
State of New Mexico (NMR040000), Indian Country Lands in New Mexico
(NMR04000I), and Indian Country Lands in Oklahoma (OKR04000I). These
permits were previously publically noticed on September 9, 2003 (68 FR
53166) and a 45 day public comment period on all parts of the permits
was provided at that time. The public comment period is being reopened
for the limited purpose of accepting public comments on changes which
have been made to the draft permits primarily as a method to address a
decision by the United States Court of Appeals for the Ninth Circuit,
which remanded certain portions of the Phase II NPDES storm water
regulations related to issuance of general permits for small MS4s. The
Region is accepting comments only on today's proposed changes to the
draft permits. Following the close of the comment period, the Director
will make a final permit decision based on comments received during
both the initial comment period and the reopened comment period.
DATES: Comments on today's revisions to these draft permits must be
submitted by May 4, 2006. Comments must be received or postmarked by
midnight on the last day of the comment period. EPA is not required to
consider late comments.
ADDRESSES: Comments on today's revisions to the draft general permits
should be sent to Docket No. 6WQ-03-SW01, Attn: Ms. Diane Smith, EPA
Region 6, Water Quality Protection Division (6WQ-CA), 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted in
electronic format (Wordperfect 9, MS Word 2000, or ASCII Text formats
only, avoiding use of special characters) to: the above address or via
e-mail to [email protected]. No facsimiles (faxes) will be accepted.
Copies of information in the record are available upon request from the
contacts below. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft permits may be obtained from Ms. Diane Smith, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-2145. The
supplemental fact sheet describing the modifications being noticed
today, along with the originally proposed general permit and fact sheet
documents, are available at http://www.epa.gov/earth1r6/6wq/npdes/sw/ms4/.
SUPPLEMENTARY INFORMATION: The originally proposed general permits and
the modifications being proposed today cover storm water discharges
from municipal separate storm sewer systems (MS4s) meeting the
definition of a ``small municipal separate storm sewer system'' at 40
CFR 122.26(b)(16) and designated under 40 CFR 122.32(a)(1) or 40 CFR
122.32(a)(2). An MS4 consists of a system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that collects
storm water; is owned or operated by the United States, a State, city,
town, borough, county, parish, district, association, or other public
body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other wastes,
including special districts under State law such as a sewer district,
flood control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA;
and discharges to waters of the United States. A small MS4 typically
serves a population of less than 100,000. Only those small MS4s located
in a Census-defined Urbanized Area or having been designated by the
Director are required to apply for permits (see 40 CFR 122.32). Maps of
Urbanized Areas and lists of cities and counties within them are
available online at http://cfpub.epa.gov/npdes/stormwater/urbanmaps.cfm.
Subsequent to EPA Region 6's proposal of the general permits for
small MS4s on September 9, 2003, the U.S. Court of Appeals for the
Ninth Circuit denied EPA's petition for rehearing in litigation over
EPA's storm water Phase II regulations. Environmental Defense Center,
et al. v. EPA, No. 70014 & consolidated cases (9th Cir., Sept. 15,
2003). Plaintiffs in that litigation challenged the Phase II NPDES
storm water regulations issued by EPA pursuant to Clean Water Act (CWA)
section 402(p)(6). Among other things, the Phase II regulations require
NPDES permits for storm water discharges from certain MS4s for which
NPDES permits were not required under CWA section 402(p)(2) and the
Phase I NPDES storm water regulations. The regulations also require the
newly regulated MS4s to develop, implement, and enforce a storm water
management program containing, amongst other things, best management
practices (BMPs) identified by the discharger. The regulations
authorize the use of general permits and require that these BMPs (as
well as measurable goals associated with these BMPs) be identified in
the Notice of Intent (NOI) filed by the MS4 in seeking authorization
under a general permit. Relying on the ``traditional'' general permit
model, the Agency did not require NOIs to be reviewed by the Agency,
made available to the public for review and comment, or to be subject
to public hearings. The Ninth Circuit held that EPA's failure to
address these issues in establishing NOI requirements violated various
provisions of CWA section 402, and remanded the Phase II regulations on
three grounds related to
[[Page 16776]]
the use of NPDES permits to authorize discharges from small MS4s: (1)
Public availability of Notices of Intent (NOIs), (2) opportunity for
public hearing, and (3) Permitting Authority review of NOIs.
On April 16, 2004, EPA's Office of Wastewater Management issued
guidance to NPDES Permitting Authorities entitled ``Implementing the
Partial Remand of the Stormwater Phase II Regulations Regarding Notices
of Intent & NPDES General Permitting for Phase II MS4s'' (available at
http://www.epa.gov/npdes/pubs/hanlonphase2apr14signed.pdf). This
document provides guidance to permitting authorities on addressing the
Court's partial remand when issuing general permits for small MS4s.
Today's revisions to the originally proposed general permits are in
response to the partial remand to the Phase II regulations and issues
raised in the Court's decision and are consistent with EPA's Office of
Wastewater Management Guidance.
The public comment period on the proposed general permits is being
reopened, in accordance with procedures at 40 CFR 124.14, for the
limited purpose of accepting public comments on today's proposed
changes to the draft permits. EPA's public comment and public hearing
procedures may be found at 40 CFR 124.10 and 124.12 (48 FR 142664,
April 1, 1983, as amended at 49 FR 38051, September 26, 1984).
Following the end of the supplemental comment period, the Director will
make a final permit decision and notice will be published in the
Federal Register.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: March 24, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. E6-4844 Filed 4-3-06; 8:45 am]
BILLING CODE 6560-50-P