[Federal Register: May 1, 2003 (Volume 68, Number 84)]
[Notices]
[Page 23308-23309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my03-64]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7491-4]
Notice of Final Issuance of a National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges
From Small Municipal Separate Storm Sewer Systems in the States of
Massachusetts and New Hampshire and Indian Lands in the States of
Connecticut, Massachusetts, and Rhode Island and Federal Facilities in
Vermont
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final Issuance of NPDES General Permits MAR040000;
NHR040000; MAR04000I; CTR04000I; RIR04000I and VTR04000F.
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SUMMARY: The Environmental Protection Agency--Region 1, is today
providing notice of final issuance of a National Pollutant Discharge
Elimination System (NPDES) general permits for storm water discharges
from small municipal separate storm sewer systems (MS4s) in the States
of Massachusetts, New Hampshire, for federal facilities in the State of
Vermont, and for Indian Country lands in the States of Connecticut,
Massachusetts, and Rhode Island. The final NPDES general permits
establish Notice of Intent (NOI) requirements, standards, prohibitions,
and management practices for discharges of storm water from municipal
separate storm sewer systems.
Owners and/or operators of small MS4s that discharge storm water
will be required to submit an NOI to EPA--Region 1 to be covered by the
general permit and will receive a written notification from EPA--Region
1 of permit coverage and authorization to discharge under the general
permit. This general permit does not cover new sources as defined at 40
CFR 122.2.
DATES: The effective date of the permit is May 1, 2003. The permit will
expire five years from the effective date. The Notice of Intent
required by the permit must be submitted no later than July 30, 2003.
ADDRESSES: The final permit is based on an administrative record
available for public review at EPA--Region 1, Office of Ecosystem
Protection (CMU), 1 Congress Street, Suite 1100, Boston, Massachusetts
02114-2023. Copies of information in the record are available upon
request. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
final permit may be obtained between the hours of 9 a.m. and 5 p.m.
Monday through Friday excluding holidays from: Thelma Murphy, Office of
Ecosystem Protection, Environmental Protection Agency, 1 Congress
Street, Suite 1100, Boston, MA 02114-2023; telephone: 617-918-1615; e-
mail: murphy.thelma@epa.gov.
SUPPLEMENTARY INFORMATION: The final general permit and the Response to
Comments may be viewed over the Internet via the EPA--Region 1 Web site
http://www.epa.gov/ne/npdes/index.html. To obtain a hard copy of the
document, please contact Thelma Murphy. Contact information is provided
above. A reasonable fee may be charged for copying requests. The
Response to Comments document addresses comments received on the draft
permit and identifies parts of the final permit which were changed
based on the comments received on the draft permit.
Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA
proposed and solicited public comment on NPDES draft general permits:
MAR04000, NHR040000, MAR04000I, CTR04000I, RIR04000I and VTR04000F at
67 FR 61103 (September 27, 2002). Region 1 held four informational
public meetings and one public hearing. The Region received comments
from communities, transportation agencies, watershed associations, and
private citizens. Based on the comments received, some changes were
made to the permit. Two addenda, one for endangered species and the
other for historic properties, were added to the final permit. The
purpose of the addenda is to provide guidance for municipalities in
determining permit eligibility regarding endangered species and
historic properties. Watershed specific requirements contained in the
Massachusetts section of the general permit have been removed.
Infiltration language has been clarified. Record retention has been
increased from three years to five years. Other comments and questions
are addressed in the response to comments document.
Other Legal Requirements
A. State Certification
Under section 401(a)(1) of the Act, EPA may not issue an NPDES
permit until the state in which the discharge will originate grants or
waives certification to ensure compliance with appropriate requirements
of the Act and state law. The Region received certifications from the
Commonwealth of Massachusetts and the State of New Hampshire.
B. Economic Impact (Executive Order 12866)
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may have an annual effect
on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities; create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency, materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in the Executive Order. EPA has determined that this general
permit is not a ``significant regulatory action'' under the terms of
[[Page 23309]]
Executive Order 12866 and is therefore not subject to formal OMB review
prior to proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that
EPA prepare a regulatory flexibility analysis for regulations that have
a significant impact on a substantial number of small entities. The
permit being issued is not a ``rule'' subject to the Regulatory
Flexibility Act.
D. 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'' on State, local and tribal governments and
the private sector. UMRA uses the term ``regulatory actions'' to refer
to regulations. ( See, e.g., UMRA section 201, ``Each agency shall * *
* assess the effects of Federal regulatory actions * * * (other than to
the extent that such regulations incorporate requirements specifically
set forth in law)'' (emphasis added)). UMRA section 102 defines
``regulation'' by reference to section 658 of Title 2 of the U.S. Code,
which in turn defines ``regulation'' and ``rule'' by reference to
section 601(2) of the Regulatory Flexibility Act (RFA). That section of
the RFA defines ``rule'' as ``any rule for which the agency publishes a
notice of proposed rulemaking pursuant to section 553(b) of the
Administrative Procedure Act (APA), or any other law * * * '' NPDES
general permits are not ``rules'' under the APA and thus not subject to
the APA requirements to publish a notice of proposed rulemaking. NPDES
general permits are also not subject to such a requirement under the
Clean Water Act. While EPA publishes a notice to solicit public comment
on draft general permits, it does so pursuant to the CWA section 402(a)
requirement to provide ``an opportunity for a hearing.'' Thus, NPDES
general permits are not ``rules'' for RFA or UMRA purposes.
Dated: April 21, 2003.
Robert W. Varney,
Regional Administrator, Region 1.
[FR Doc. 03-10762 Filed 4-30-03; 8:45 am]
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