[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Notices]
[Page 25531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my09-50]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8910-3, Docket EPA-HQ-OW-2005-0007]
Notice Regarding National Pollutant Discharge Elimination System
(NPDES) Multi-Sector General Permit (MSGP) for Storm Water Discharges
Associated With Industrial Activity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA previously announced the issuance in EPA Regions 1, 2, 3,
5, 6, 9, and 10 of the NPDES general permit for stormwater discharges
from industrial activity, also referred to as the 2008 Multi-Sector
General Permit (MSGP), in the Federal Register of September 29, 2008
(73 FR 56572). The permit was signed on September 29, 2008 and became
effective on September 29, 2008. On February 26, 2009 (74 FR 8789), EPA
issued the MSGP to certain states, federal facilities, and Indian
Country located in EPA Region 10 after receipt of certifications
pursuant to section 401 of the Clean Water Act (CWA). Today's notice of
availability provides notice of EPA's deletion of a portion of a
specific State's CWA Section 401 certification condition from Part
9.1.2.5 of the 2008 MSGP for the State of Massachusetts.
FOR FURTHER INFORMATION CONTACT: For further information on this final
NPDES general permit, contact David Gray, EPA Region 1, Office of
Ecosystem Protection, Industrial Permits Branch at tel.: 617-918-1577,
or Greg Schaner, EPA Headquarters, Office of Water, Office of
Wastewater Management at tel.: 202-564-0721, or send questions via e-
mail to EPA's stormwater permit mailbox: SWpermit@epa.gov.
SUPPLEMENTARY INFORMATION:
A. General Information
Pursuant to CWA Section 401(a) and EPA's implementing regulations,
EPA may not issue a NPDES permit (including the 2008 MSGP) until the
appropriate State certifications have been granted or waived. 40 CFR
124.53(a). Through the certification process, States were given the
opportunity, before the 2008 MSGP was issued, to add conditions to the
permit they believe are necessary to ensure that the permit complies
with the CWA and other appropriate requirements of State law, including
State water quality standards.
The Massachusetts Department of Environmental Protection (MassDEP)
issued its initial Section 401 certification for the 2008 MSGP on
February 13, 2006; with subsequent modifications thereto dated June 8,
2006 and September 5, 2006. In a modified certification on March 27,
2009, MassDEP deleted tributlytin (included in certification condition
5) as a required benchmark monitoring parameter applicable to
Sector Q (Water Transportation) and Sector R (Ship and Boat Building
and Repair Yards). Pursuant to EPA's implementing regulations at 40 CFR
124.55(b), EPA may, at the request of a permittee, modify the 2008 MSGP
based on a modified certification received after final agency action on
the permit ``only to the extent necessary to delete any conditions
based on a condition in a certification invalidated by a court of
competent jurisdiction or by an appropriate State board or agency.'' 40
CFR 124.55(b). In accordance with this provision, EPA has removed the
monitoring parameter from the appropriate certification condition for
the 2008 MSGP.\1\ EPA's letter notifying the requesting permittee that
its request to delete a portion of the permit condition was granted,
and a copy of the 2008 MSGP reflecting the deletion, can be found in
the docket for the 2008 MSGP (Docket ID No. EPA-HQ-OW-2005-0007).\2\
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\1\ In addition, the regulations at 40 CFR 124.55(b) also
require that EPA receive a request from a permittee for the deleted
certification conditions to be removed from the permit. EPA received
such requests to remove deleted conditions from Hyannis Marina,
Hyannis, MA, on March 17, 2009.
\2\ In addition, the permit may be found at: http://
cfpub.epa.gov/npdes/stormwater/msgp.cfm.
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B. How Can I Get Copies of These Documents and Other Related
Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OW-2005-0007. The official public
docket is the collection of materials, including the administrative
record, for the final permit, required by 40 CFR 124.18. It is
available for public viewing at the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Although all documents in the docket are listed
in an index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Publicly
available docket materials are available electronically through
www.regulations.gov and in hard copy at the EPA Docket Center Public
Reading Room, open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744 and the telephone number for the Water Docket is
(202) 566-2426.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through the
Federal Docket Management System (FDMS) found at http://
www.regulations.gov. You may use the FDMS to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Once at the Web site, enter the appropriate Docket ID
No. in the ``Search'' box to view the docket.
Certain types of information will not be placed in the EPA dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in Section B.1.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: May 13, 2009.
Ira Leighton,
Acting Regional Administrator, EPA Region 1.
[FR Doc. E9-12472 Filed 5-27-09; 8:45 am]
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