[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71540-71541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20986]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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*I listed
below), as well as
that portion of the
Standing Rock
Reservation located
in South Dakota.
South Dakota................ SDR05*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*[email protected].
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 ([email protected]) at the above
address or Ellen Bonner, (303) 312-6371 ([email protected]), 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
([email protected]).
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]
BILLING CODE 6560-50-P