81 FR 38175 - Notice of Availability of Final NPDES General Permit for Small Municipal Separate Storm Sewer Systems and Federal Facilities Within the Commonwealth of Puerto Rico
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 113 (June 13, 2016)
Federal Register Volume 81, Issue 113 (June 13, 2016)
| Page Range | 38175-38177 | |
| FR Document | 2016-13913 |
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)] [Notices] [Pages 38175-38177] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13913] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9947-63-Region 2] Notice of Availability of Final NPDES General Permit for Small Municipal Separate Storm Sewer Systems and Federal Facilities Within the Commonwealth of Puerto Rico AGENCY: Environmental Protection Agency (EPA). [[Page 38176]] ACTION: Notice of Final NPDES General Permit. ----------------------------------------------------------------------- SUMMARY: The Director of the Caribbean Environmental Protection Division (CEPD), Environmental Protection Agency--Region 2 (EPA), is issuing this Notice of a Final National Pollutant Discharge Elimination System (NPDES) general permit, PRR040000/PRR04000F, for discharges from small municipal separate storm sewer systems (small MS4) from urbanized areas within the Commonwealth of Puerto Rico to waters of the United States. This NPDES general permit establishes Notice of Intent (NOI) requirements, standards, prohibitions and management practices for discharges of storm water from small MS4s urbanized areas. A prior Notice of Availability of a general permit was issued by EPA in November 2006. EPA has substantially modified and reissuing the general permit pursuant to 40 CFR part 124. The EPA is issuing this permit for five years. DATES: The general permit will become effective on July 1, 2016. This effective date is necessary to provide dischargers with the immediate opportunity to comply with Clean Water Act requirements in light of the expiration of the 2006 Small MS4 General Permit on November 5, 2011. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on July 1, 2016. Under section 509(b) of the Clean Water Act, judicial review of this general permit can be requested by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings. Deadlines for submittal of notices of intent are provided in Section 1.2 of the 2016 Small MS4 General Permit. The 2016 Small MS4 General Permit also provides additional dates for compliance with the terms of these permits. FOR FURTHER INFORMATION CONTACT: For further information on the final NPDES Small MS4 General Permit, contact the Multimedia Permits and Compliance Branch, Caribbean Environmental Protection Division, US EPA Region 2, City View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo, Puerto Rico 00968-8069; telephone: 787-977-5870; or by email: [email protected]. The general permit is based on an administrative record available at EPA--Region 2, Caribbean Environmental Protection Division, at the above mentioned address. A reasonable fee may be charged for copying requests. However, the general permit and fact sheet are available at EPA's updated Web site posting of June 11, 2014: www.epa.gov/region02/water/permits.html. SUPPLEMENTARY INFORMATION: EPA is reissuing the NPDES general permit for the discharge of stormwater from small MS4s to waters within the Commonwealth of Puerto Rico. The permit describes four distinct small MS4s. These are the Conventional cities and towns; Non-Conventional State, Federal and other publicly owned systems; Non-Conventional transportation systems; and Non-Conventional State flood control pump station. The conditions in the general permit are established pursuant to Clean Water Act (CWA) Part 402(p)(3)(iii) to ensure that pollutant discharges from small municipal separate storm sewer systems (small MS4s) are reduced to the maximum extent practicable (MEP), protect water quality, and satisfy the appropriate water quality requirements of the CWA. The term small municipal separate storm sewer system is available in 40 CFR part 122.26(b). In addition, this term also includes systems similar to separate storm sewer systems and flood management conveyances in municipalities such as military bases, large hospital, highways, and flood control pump stations, and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. For example, an armory located in an urbanized area would not be considered a regulated small MS4. The general permit sets forth the requirements for the small MS4 to ``reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design and engineering methods'' (See Section 402(p)(3)(B)(iii) of the CWA). MEP is the statutory standard that establishes the level of pollutant reductions that MS4 operators must achieve. EPA believes that implementation of best management practices (BMPs) designed to control storm water runoff from the MS4 is generally the most appropriate approach for reducing pollutants to satisfy the MEP standard. Pursuant to 40 CFR 122.44(k), the permit contains BMPs, including development and implementation of a comprehensive stormwater management program (SWMP) as the mechanism to achieve the required pollutant reductions. Section 402(p)(3)(B)(iii) of CWA also authorizes EPA to include in an MS4 permit ``such other provisions as [EPA] determine[s] appropriate for control of . . . pollutants.'' This provision forms a basis for imposing water quality-based effluent limitations (WQBELs), consistent with the authority in Section 301(b)(1)(C) of the CWA. See Defenders of Wildlife v. Browner, 191 F.3d 1159, 1166-67 (9th Cir. 1999); 64 FR 68722, 68753, 68788 (Dec. 8, 1999). Accordingly, the permit contains the water quality-based effluent limitations, expressed in terms of BMPs, which EPA has determined are necessary and appropriate under the CWA. EPA issued a final general permit to address stormwater discharges from small MS4s on November 6, 2006. The 2006 general permit required small MS4s to develop and implement a SWMP designed to control pollutants to the maximum extent practicable and protect water quality. The 2016 general permit builds on the requirements of the previous general permit. EPA views the MEP standard in the CWA as an iterative process. MEP should continually adapt to current conditions and BMP effectiveness. Compliance with the requirements of this general permit will meet the MEP standard. The iterative process of MEP consists of a conventional and/or a non-conventional municipality developing a program consistent with specific permit requirements, implementing the program, evaluating the effectiveness of the BMPs included as part of the program, then revising those parts of the program that are not effective at controlling pollutants, then implementing the revisions, and evaluating again. The changes contained in the general permit reflect the iterative process of MEP. Accordingly, the general permit contains more specific tasks and details than the 2006 general permit. EPA has explained in the general permit fact sheet a summary of permit conditions. The general permit and fact sheet are available at EPA's Web site posting of June 11, 2014: www.epa.gov/region02/water/permits.html. Other Legal Requirements A. Endangered Species Act (ESA) The provisions related to the ESA have been enhanced from those in the 2006 permit. EPA consulted with the appropriate Federal services (U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service [[Page 38177]] (NMFS)) in connection with the 2014 draft Small MS4 General Permit. On July 8, 2014, EPA initiated an informal consultation with the USFWS and the National Oceanic and Atmosphere Administration, National Marine Fisheries Service (NMFS) pursuant to Section 7 of the ESA, for the reissuance of a proposed 2014 NPDES Small MS4 General Permit. Based on the information, EPA believes that the issuance of the NPDES Small MS4 General Permit (PRR040000), may affect, but is not likely to adversely affect any threatened or endangered species. On August 22, 2014, the USFWS indicated that the Antillean manatee may be affected. This species is found near shore waters around Puerto Rico where stormwater may be discharged. In addition, USFWS indicated they concur with EPA's determination. On August 28, 21014, NMFS had questions regarding EPA's proposed 2014 NPDES Small MS4 General Permit. EPA ensured to provide a response to each of NMFS's questions by October 1, 2014. A follow up conference call was held on October 7, 2014 to discuss the responses. On December 18, 2014, EPA held another conference call where the NMFS requested to see examples of EPA inspection reports performed to MS4s and Municipal Stormwater Management Program. EPA provided six (6) documents of coastal municipalities on December 19, 2014. EPA followed up with a letter dated July 24, 2015 seeking NMFS to concur on EPA's determination that stormwater discharges from MS4s and discharge related activities are not likely to adversely affect any federal threatened or endangered listed species or designated habitat. EPA's decision to issue this general permit is consistent with section 7(d) because it does not foreclose either the formulation by the NMFS, or the implementation by EPA, of any alternatives that might be determined in the consultation to be needed to comply with section 7(a)(2). If the completion of consultation results in new information warranting modifications or conditions to protect listed species or critical habitat, EPA will modify this permit under 40 CFR 122.62(a)(2) to incorporate those non-numerical effluent limits or conditions. B. Executive Order 12866 EPA has determined that this general permit is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to OMB review. C. Paperwork Reduction Act The information collection requirements of this permit were previously approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control number 2040-0004. D. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility analysis for rules subject to the requirements of 5 U.S.C. 553(b) that have a significant impact on a substantial number of small entities. However, general NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 553(b) and are therefore not subject to the RFA. E. Unfunded Mandates Reform Act Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 104-4, generally requires Federal agencies to assess the effects of their ``regulatory actions'' (defined to be the same as ``rules'' subject to the RFA) on Tribal, State, and local governments and the private sector. However, general NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 553(b) and are therefore not subject to the RFA or the UMRA. Authority: This action is being taken under the Clean Water Act, 33 U.S.C. 1251 et seq. Dated: May 18, 2016. Jos[eacute] C. Font, Director, Caribbean Environmental Protection Division. [FR Doc. 2016-13913 Filed 6-10-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices 38175
DATED: June 7, 2016. Description: § 4(d) Rate Filing: Filed Date: 6/1/16.
Kimberly D. Bose, Negotiated Capacity Release Accession Number: 20160601–5338.
Secretary. Agreements—6/01/2016 to be effective Comments Due: 5 p.m. ET 6/13/16.
[FR Doc. 2016–13922 Filed 6–10–16; 8:45 am] 6/1/2016. Docket Numbers: RP16–1013–000.
BILLING CODE 6717–01–P
Filed Date: 6/1/16. Applicants: MarkWest Pioneer, L.L.C.
Accession Number: 20160601–5227. Description: Quarterly Fuel
Comments Due: 5 p.m. ET 6/13/16. Adjustment Filing of MarkWest Pioneer,
DEPARTMENT OF ENERGY Docket Numbers: RP16–1006–000. L.L.C. under RP16–1013.
Applicants: Columbia Gas Filed Date: 6/1/16.
Federal Energy Regulatory Transmission, LLC. Accession Number: 20160601–5391.
Commission Description: § 4(d) Rate Filing: GEH— Comments Due: 5 p.m. ET 6/13/16.
Multi-Party Contracts to be effective Any person desiring to intervene or
Combined Notice of Filings 7/1/2016. protest in any of the above proceedings
Take notice that the Commission has Filed Date: 6/1/16. must file in accordance with Rules 211
received the following Natural Gas Accession Number: 20160601–5289. and 214 of the Commission’s
Pipeline Rate and Refund Report filings: Comments Due: 5 p.m. ET 6/13/16. Regulations (18 CFR 385.211 and
Docket Numbers: RP16–1007–000. § 385.214) on or before 5:00 p.m. Eastern
Filings Instituting Proceedings time on the specified comment date.
Applicants: Columbia Gulf
Docket Numbers: RP16–1000–000. Transmission, LLC. Protests may be considered, but
Applicants: Columbia Gas Description: § 4(d) Rate Filing: GEH— intervention is necessary to become a
Transmission, LLC. Multi-Party Contracts to be effective party to the proceeding.
Description: § 4(d) Rate Filing: 7/1/2016. Filings in Existing Proceedings
Negotiated & Non-Conforming Service Filed Date: 6/1/16.
Agreement—Kentucky Power to be Docket Numbers: RP16–549–002.
Accession Number: 20160601–5290.
effective 6/1/2016. Applicants: PGPipeline LLC.
Comments Due: 5 p.m. ET 6/13/16.
Description: Compliance filing
Filed Date: 5/31/16. Docket Numbers: RP16–1008–000. NAESB 3.0 Compliance Filing to be
Accession Number: 20160531–5595. Applicants: UGI Sunbury, LLC. effective 4/1/2016.
Comments Due: 5 p.m. ET 6/13/16. Description: Compliance Tariff Filing Filed Date: 5/31/16.
Docket Numbers: RP16–1001–000. [of Pro Forma tariff sheets—CP15–525] Accession Number: 20160531–5607.
Applicants: Discovery Gas and Request for Waiver of UGI Sunbury, Comments Due: 5 p.m. ET 6/13/16.
Transmission LLC. LLC. Any person desiring to protest in any
Description: § 4(d) Rate Filing: 2016 Filed Date: 5/31/16. of the above proceedings must file in
FL&U Submittal to be effective Accession Number: 20160531–5736. accordance with Rule 211 of the
7/1/2016. Comments Due: 5 p.m. ET 6/13/16. Commission’s Regulations (18 CFR
Filed Date: 5/31/16. Docket Numbers: RP16–1009–000. 385.211) on or before 5:00 p.m. Eastern
Accession Number: 20160531–5604. Applicants: Crossroads Pipeline time on the specified comment date.
Comments Due: 5 p.m. ET 6/13/16. Company. The filings are accessible in the
Docket Numbers: RP16–1002–000. Description: § 4(d) Rate Filing: GEH— Commission’s eLibrary system by
Applicants: Algonquin Gas Multi-Party Contracts to be effective clicking on the links or querying the
Transmission, LLC. 7/1/2016. docket number.
Description: § 4(d) Rate Filing: Non- Filed Date: 6/1/16. eFiling is encouraged. More detailed
Conforming Agreements—Colonial Accession Number: 20160601–5293. information relating to filing
510025 and Narragansett 510075 to be Comments Due: 5 p.m. ET 6/13/16. requirements, interventions, protests,
effective 6/1/2016. Docket Numbers: RP16–1010–000. service, and qualifying facilities filings
Filed Date: 5/31/16. Applicants: Central Kentucky can be found at: http://www.ferc.gov/
Accession Number: 20160531–5614. Transmission Company. docs-filing/efiling/filing-req.pdf. For
Comments Due: 5 p.m. ET 6/13/16. Description: § 4(d) Rate Filing: GEH— other information, call (866) 208–3676
Docket Numbers: RP16–1003–000. Multi-Party Contracts to be effective (toll free). For TTY, call (202) 502–8659.
Applicants: Algonquin Gas 7/1/2016. Dated: June 6, 2016.
Transmission, LLC. Filed Date: 6/1/16. Nathaniel J. Davis, Sr.,
Description: § 4(d) Rate Filing: Non- Accession Number: 20160601–5300. Deputy Secretary.
Conforming Agreement—Narragansett Comments Due: 5 p.m. ET 6/13/16. [FR Doc. 2016–13897 Filed 6–10–16; 8:45 am]
510209 to be effective 6/1/2016. Docket Numbers: RP16–1011–000. BILLING CODE 6717–01–P
Filed Date: 6/1/16. Applicants: Millennium Pipeline
Accession Number: 20160601–5124. Company, LLC.
Comments Due: 5 p.m. ET 6/13/16. Description: § 4(d) Rate Filing: ENVIRONMENTAL PROTECTION
Docket Numbers: RP16–1004–000. Operational Sales at Pool Filing to be AGENCY
Applicants: Gulf South Pipeline effective 7/1/2016.
Company, LP. Filed Date: 6/1/16. [FRL–9947–63–Region 2]
Description: § 4(d) Rate Filing: Cap Accession Number: 20160601–5301.
srobinson on DSK5SPTVN1PROD with NOTICES
Rel Neg Rate Agmt (QEP 37657 to Trans Comments Due: 5 p.m. ET 6/13/16. Notice of Availability of Final NPDES
LA 46521) to be effective 6/2/2016. General Permit for Small Municipal
Docket Numbers: RP16–1012–000. Separate Storm Sewer Systems and
Filed Date: 6/1/16. Applicants: Rockies Express Pipeline
Accession Number: 20160601–5181. Federal Facilities Within the
LLC. Commonwealth of Puerto Rico
Comments Due: 5 p.m. ET 6/13/16. Description: § 4(d) Rate Filing: Neg
Docket Numbers: RP16–1005–000. Rate 2016–06–01 Perm Partial BP to be AGENCY: Environmental Protection
Applicants: Equitrans, L.P. effective 6/1/2016. Agency (EPA).
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![38176 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices
ACTION: Notice of Final NPDES General Region 2, Caribbean Environmental (SWMP) as the mechanism to achieve
Permit. Protection Division, at the above the required pollutant reductions.
mentioned address. A reasonable fee Section 402(p)(3)(B)(iii) of CWA also
SUMMARY: The Director of the Caribbean may be charged for copying requests. authorizes EPA to include in an MS4
Environmental Protection Division However, the general permit and fact permit ‘‘such other provisions as [EPA]
(CEPD), Environmental Protection sheet are available at EPA’s updated determine[s] appropriate for control of
Agency—Region 2 (EPA), is issuing this Web site posting of June 11, 2014: . . . pollutants.’’ This provision forms a
Notice of a Final National Pollutant www.epa.gov/region02/water/ basis for imposing water quality-based
Discharge Elimination System (NPDES) permits.html. effluent limitations (WQBELs),
general permit, PRR040000/PRR04000F,
consistent with the authority in Section
for discharges from small municipal SUPPLEMENTARY INFORMATION: EPA is
301(b)(1)(C) of the CWA. See Defenders
separate storm sewer systems (small reissuing the NPDES general permit for
of Wildlife v. Browner, 191 F.3d 1159,
MS4) from urbanized areas within the the discharge of stormwater from small
1166–67 (9th Cir. 1999); 64 FR 68722,
Commonwealth of Puerto Rico to waters MS4s to waters within the
68753, 68788 (Dec. 8, 1999).
of the United States. This NPDES Commonwealth of Puerto Rico. The
Accordingly, the permit contains the
general permit establishes Notice of permit describes four distinct small
water quality-based effluent limitations,
Intent (NOI) requirements, standards, MS4s. These are the Conventional cities
expressed in terms of BMPs, which EPA
prohibitions and management practices and towns; Non-Conventional State,
has determined are necessary and
for discharges of storm water from small Federal and other publicly owned
appropriate under the CWA.
MS4s urbanized areas. A prior Notice of systems; Non-Conventional
Availability of a general permit was transportation systems; and Non- EPA issued a final general permit to
issued by EPA in November 2006. EPA Conventional State flood control pump address stormwater discharges from
has substantially modified and reissuing station. small MS4s on November 6, 2006. The
the general permit pursuant to 40 CFR 2006 general permit required small
The conditions in the general permit MS4s to develop and implement a
part 124. The EPA is issuing this permit are established pursuant to Clean Water
for five years. SWMP designed to control pollutants to
Act (CWA) Part 402(p)(3)(iii) to ensure the maximum extent practicable and
DATES: The general permit will become that pollutant discharges from small protect water quality. The 2016 general
effective on July 1, 2016. This effective municipal separate storm sewer systems permit builds on the requirements of the
date is necessary to provide dischargers (small MS4s) are reduced to the previous general permit.
with the immediate opportunity to maximum extent practicable (MEP),
comply with Clean Water Act EPA views the MEP standard in the
protect water quality, and satisfy the
requirements in light of the expiration CWA as an iterative process. MEP
appropriate water quality requirements
of the 2006 Small MS4 General Permit should continually adapt to current
of the CWA. The term small municipal
on November 5, 2011. In accordance conditions and BMP effectiveness.
separate storm sewer system is available
with 40 CFR part 23, this permit shall Compliance with the requirements of
in 40 CFR part 122.26(b). In addition,
be considered issued for the purpose of this general permit will meet the MEP
this term also includes systems similar
judicial review on July 1, 2016. Under standard. The iterative process of MEP
to separate storm sewer systems and
section 509(b) of the Clean Water Act, consists of a conventional and/or a non-
flood management conveyances in
judicial review of this general permit conventional municipality developing a
municipalities such as military bases,
can be requested by filing a petition for program consistent with specific permit
large hospital, highways, and flood
review in the United States Court of requirements, implementing the
control pump stations, and other
Appeals within 120 days after the program, evaluating the effectiveness of
thoroughfares. The term does not
permit is considered issued. Under the BMPs included as part of the
include separate storm sewers in very
section 509(b)(2) of the Clean Water Act, program, then revising those parts of the
discrete areas, such as individual
the requirements in this permit may not program that are not effective at
buildings. For example, an armory
be challenged later in civil or criminal controlling pollutants, then
located in an urbanized area would not
proceedings to enforce these implementing the revisions, and
be considered a regulated small MS4.
requirements. In addition, this permit evaluating again. The changes contained
The general permit sets forth the in the general permit reflect the iterative
may not be challenged in other agency requirements for the small MS4 to
proceedings. Deadlines for submittal of process of MEP. Accordingly, the
‘‘reduce the discharge of pollutants to general permit contains more specific
notices of intent are provided in Section the maximum extent practicable,
1.2 of the 2016 Small MS4 General tasks and details than the 2006 general
including management practices, permit.
Permit. The 2016 Small MS4 General control techniques, and system, design
Permit also provides additional dates for EPA has explained in the general
and engineering methods’’ (See Section permit fact sheet a summary of permit
compliance with the terms of these 402(p)(3)(B)(iii) of the CWA). MEP is the
permits. conditions. The general permit and fact
statutory standard that establishes the sheet are available at EPA’s Web site
FOR FURTHER INFORMATION CONTACT: For level of pollutant reductions that MS4 posting of June 11, 2014: www.epa.gov/
further information on the final NPDES operators must achieve. EPA believes region02/water/permits.html.
Small MS4 General Permit, contact the that implementation of best
Multimedia Permits and Compliance management practices (BMPs) designed Other Legal Requirements
Branch, Caribbean Environmental to control storm water runoff from the
srobinson on DSK5SPTVN1PROD with NOTICES
A. Endangered Species Act (ESA)
Protection Division, US EPA Region 2, MS4 is generally the most appropriate
City View Plaza II, Suite 7000, 48 Road approach for reducing pollutants to The provisions related to the ESA
165 Km 1.2, Guaynabo, Puerto Rico satisfy the MEP standard. Pursuant to 40 have been enhanced from those in the
00968–8069; telephone: 787–977–5870; CFR 122.44(k), the permit contains 2006 permit. EPA consulted with the
or by email: bosques.sergio@epa.gov. BMPs, including development and appropriate Federal services (U.S. Fish
The general permit is based on an implementation of a comprehensive and Wildlife Service (USFWS) and
administrative record available at EPA— stormwater management program National Marine Fisheries Service
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![Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices 38177
(NMFS)) in connection with the 2014 C. Paperwork Reduction Act Pollutants (NESHAPs) had been
draft Small MS4 General Permit. The information collection updated, as provided for under
On July 8, 2014, EPA initiated an requirements of this permit were previously approved delegation
informal consultation with the USFWS previously approved by the Office of mechanisms. To inform regulated
and the National Oceanic and Management and Budget (OMB) under facilities and the public, EPA is making
Atmosphere Administration, National the provisions of the Paperwork available a copy of EPA’s letter to
Marine Fisheries Service (NMFS) Reduction Act, 44 U.S.C. 3501 et seq., Virginia through this notice.
pursuant to Section 7 of the ESA, for the and assigned OMB control number DATES: On April 7, 2016, EPA sent
reissuance of a proposed 2014 NPDES 2040–0004. Virginia a letter acknowledging that
Small MS4 General Permit. Based on the Virginia’s delegation of authority to
information, EPA believes that the D. Regulatory Flexibility Act implement and enforce federal
issuance of the NPDES Small MS4 The Regulatory Flexibility Act (RFA), NESHAPs had been updated.
General Permit (PRR040000), may affect, 5 U.S.C. 601 et seq., requires that EPA ADDRESSES: Copies of documents
but is not likely to adversely affect any prepare a regulatory flexibility analysis pertaining to this action are available for
threatened or endangered species. for rules subject to the requirements of public inspection during normal
On August 22, 2014, the USFWS 5 U.S.C. 553(b) that have a significant business hours at the Air Protection
indicated that the Antillean manatee impact on a substantial number of small Division, U.S. Environmental Protection
may be affected. This species is found entities. However, general NPDES Agency, Region III, 1650 Arch Street,
near shore waters around Puerto Rico permits are not ‘‘rules’’ subject to the Philadelphia, Pennsylvania 19103–
where stormwater may be discharged. In requirements of 5 U.S.C. 553(b) and are 2029. Copies of Virginia’s submittal are
addition, USFWS indicated they concur therefore not subject to the RFA. also available at the Virginia
with EPA’s determination. E. Unfunded Mandates Reform Act Department of Environmental Quality,
629 East Main Street, Richmond,
On August 28, 21014, NMFS had Section 201 of the Unfunded Virginia 23219.
questions regarding EPA’s proposed Mandates Reform Act (UMRA), Public FOR FURTHER INFORMATION CONTACT: Ray
2014 NPDES Small MS4 General Permit. Law 104–4, generally requires Federal
EPA ensured to provide a response to Chalmers, (215) 814–2061, or by email
agencies to assess the effects of their at chalmers.ray@epa.gov.
each of NMFS’s questions by October 1, ‘‘regulatory actions’’ (defined to be the
2014. A follow up conference call was SUPPLEMENTARY INFORMATION: On
same as ‘‘rules’’ subject to the RFA) on
held on October 7, 2014 to discuss the February 10, 2016, Virginia notified
Tribal, State, and local governments and
responses. On December 18, 2014, EPA EPA that Virginia had updated its
the private sector. However, general
held another conference call where the incorporation by reference of federal
NPDES permits are not ‘‘rules’’ subject
NMFS requested to see examples of EPA NESHAPs to include many such
to the requirements of 5 U.S.C. 553(b)
inspection reports performed to MS4s standards, as they were published in
and are therefore not subject to the RFA
and Municipal Stormwater Management final form in the Code of Federal
or the UMRA.
Program. EPA provided six (6) Regulations dated July 1, 2015. On April
Authority: This action is being taken 7, 2016, EPA sent Virginia a letter
documents of coastal municipalities on
under the Clean Water Act, 33 U.S.C. 1251 acknowledging that Virginia now has
December 19, 2014. EPA followed up et seq.
with a letter dated July 24, 2015 seeking the authority to implement and enforce
NMFS to concur on EPA’s Dated: May 18, 2016. the NESHAPs as specified by Virginia in
determination that stormwater José C. Font, its notice to EPA, as provided for under
discharges from MS4s and discharge Director, Caribbean Environmental Protection previously approved automatic
related activities are not likely to Division. delegation mechanisms. All
adversely affect any federal threatened [FR Doc. 2016–13913 Filed 6–10–16; 8:45 am] notifications, applications, reports and
or endangered listed species or BILLING CODE 6560–50–P other correspondence required pursuant
designated habitat. to the delegated NESHAPs must be
submitted to both the US EPA Region III
EPA’s decision to issue this general
ENVIRONMENTAL PROTECTION and to the Virginia Department of
permit is consistent with section 7(d)
AGENCY Environmental Quality, unless the
because it does not foreclose either the
delegated standard specifically provides
formulation by the NMFS, or the [FRL–9947–58–Region 3]
that such submittals may be sent to EPA
implementation by EPA, of any
Delegation of Authority to the or a delegated State. In such cases, the
alternatives that might be determined in
Commonwealth of Virginia To submittals should be sent only to the
the consultation to be needed to comply
Implement and Enforce Additional or Virginia Department of Environmental
with section 7(a)(2). If the completion of
Revised National Emission Standards Quality. A copy of EPA’s letter to
consultation results in new information
for Hazardous Air Pollutants Standards Virginia follows:
warranting modifications or conditions
to protect listed species or critical ‘‘Michael G. Dowd, Director
AGENCY: Environmental Protection Air Division
habitat, EPA will modify this permit Agency (EPA). Virginia Department of Environmental
under 40 CFR 122.62(a)(2) to
ACTION: Notice of delegation of Quality
incorporate those non-numerical 629 East Main Street
authority.
effluent limits or conditions.
srobinson on DSK5SPTVN1PROD with NOTICES
P.O. Box 1105
B. Executive Order 12866 SUMMARY: On April 7, 2016, the Richmond, Virginia 23218
Environmental Protection Agency (EPA) Dear Mr. Dowd:
EPA has determined that this general sent the Commonwealth of Virginia The United States Environmental
permit is not a ‘‘significant regulatory (Virginia) a letter acknowledging that Protection Agency (EPA) has previously
action’’ under the terms of Executive Virginia’s delegation of authority to delegated to the Commonwealth of
Order 12866 and is therefore not subject implement and enforce the National Virginia (Virginia) the authority to
to OMB review. Emissions Standards for Hazardous Air implement and enforce various federal
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Document Created: 2018-02-08 07:39:58
Document Modified: 2018-02-08 07:39:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Final NPDES General Permit. | |
| Dates | The general permit will become effective on July 1, 2016. This effective date is necessary to provide dischargers with the immediate opportunity to comply with Clean Water Act requirements in light of the expiration of the 2006 Small MS4 General Permit on November 5, 2011. In accordance with 40 CFR part 23, this permit shall be considered issued for the purpose of judicial review on July 1, 2016. Under section 509(b) of the Clean Water Act, judicial review of this general permit can be requested by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings. Deadlines for submittal of notices of intent are provided in Section 1.2 of the 2016 Small MS4 General Permit. The 2016 Small MS4 General Permit also provides additional dates for compliance with the terms of these permits. | |
| Contact | For further information on the final NPDES Small MS4 General Permit, contact the Multimedia Permits and Compliance Branch, Caribbean Environmental Protection Division, US EPA Region 2, City View Plaza II, Suite 7000, 48 Road 165 Km 1.2, Guaynabo, Puerto Rico 00968-8069; telephone: 787-977-5870; or by email: [email protected] | |
| FR Citation | 81 FR 38175 |
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