[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80388-80389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-49]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8759-3]
Notice of Availability of Preliminary Residual Desigination of
Certain Storm Water Discharges in the State of Maine Under the National
Pollutant Discharge Elimination System of the Clean Water Act
AGENCY: Environmental Protection Agency.
ACTION: Notice and request for public comment.
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SUMMARY: The Regional Administrator of the Environmental Protection
Agency's (EPA) New England Regional Office is providing notice of
availability of a preliminary determination that certain storm water
discharges in the Long Creek watershed located in South Portland,
Westbrook, Scarborough, and Portland, Maine will be required to obtain
permit coverage under the National Pollutant Discharge Elimination
System (NPDES) permits under the Clean Water Act. EPA is seeking public
comment on the nature and scope of this preliminary residual
designation. The period for comment on this preliminary residual
designation will remain open until the close of the public comment
period on any NPDES general or individual permit related to this
preliminary residual designation. However, EPA strongly encourages
interested parties to submit their comments within 45 days of the
commencement of the comment period, after which EPA intends to review
this preliminary residual designation and to decide whether to make any
changes to it. It is EPA's intention to make a final residual
designation following the close of the comment period on any associated
NPDES permit. Copies of the preliminary residual designation are
available for inspection online and in hardcopy as described elsewhere
in this notice document.
DATES: Comments must be submitted on or before February 17, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2008-0910 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: bridge.jennie@epa.gov.
Mail and hand delivery: U.S. Environmental Protection
Agency, New England Region, One Congress Street, Suite 1100, Mail code
CWQ, Boston, MA 02114-2023. Deliveries are only accepted during the
Regional Office's normal hours of operation (8 a.m. to 5 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2008-0910. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, New England Region, One Congress Street, Suite 1100,
Boston, Massachusetts. To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jennie Bridge, EPA New England Region,
One Congress Street, Suite 1100, Mail code CWQ, (617) 918-1685,
bridge.jennie@epa.gov.
SUPPLEMENTARY INFORMATION: The Regional Administrator of EPA's New
England Regional Office is providing notice of availability of a
preliminary determination that certain storm water discharges in the
Long Creek watershed located in South Portland, Westbrook, Scarborough,
and Portland, Maine will be required to obtain NPDES permits. Under
Clean Water Act (CWA) Section 402(p), 33 U.S.C. 1342(p), Congress
required the EPA to establish permitting requirements for certain storm
water discharges. In addition, CWA Sections 402(p)(2)(E) and 402(p)(6)
and implementing regulations at 40 CFR 122.26 (a)(9)(i)(D) provide that
the EPA Regional Administrator may designate additional storm water
discharges as requiring NPDES permits where he determines that the
discharge, or category of discharges within a geographic area,
contributes to a violation of a water quality standard or is a
significant contributor of pollutants to waters of the United States.
The EPA Regional Administrator for the New England Region has made
a preliminary determination pursuant to Section 402(p) of the Clean
Water Act and 40 CFR 122.26 (9)(i)(D) that storm water controls and
NPDES permits are needed for discharges to waters of the United States
from impervious surfaces equal to or greater than one acre in the Long
Creek watershed located in South Portland, Westbrook, Scarborough, and
Portland, Maine. Details of the preliminary determination are available
in the preliminary residual designation document. This document may be
viewed on the EPA New England Regional Office's Web page http://
www.epa.gov/region01/npdes/stormwater/assets/pdfs/LongCreekRD.pdf and
at http://www.regulations.gov. Ancillary materials may be viewed at the
EPA New England Regional Office's Web page http://www.epa.gov/region01/
npdes/stormwater/index.html.
[[Page 80389]]
Dated: December 16, 2008.
Robert W. Varney,
Regional Administrator, New England Region.
[FR Doc. E8-31178 Filed 12-30-08; 8:45 am]
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