[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Pages 5390-5391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1862]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5144-5]


State Program Requirements; Application to Administer the 
National Pollutant Discharge Elimination System (NPDES) Program; 
Florida

AGENCY: Environmental Protection Agency.

ACTION: Public notice of application for NPDES program approval.

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SUMMARY: The State of Florida has submitted a request to the 
Environmental Protection Agency (EPA) for approval to administer the 
National Pollutant Discharge Elimination System (NPDES) program for 
regulating discharges of pollutants into waters of the State of 
Florida. The NPDES program would be administered by the Florida 
Department of Environmental Protection (FDEP). FDEP has requested a 
phased NPDES program encompassing permitting for: (1) Domestic 
discharges; (2) industrial discharges, including those which also have 
storm water discharges; and (3) pretreatment. Storm water discharges 
from municipal separate storm sewer systems (MS4's), individual storm 
water-only discharges, storm water general permits, and federal 
facility dischargers are to be phased in by the year 2000 for 
administration by the State. This notice provides for public hearing 
and a comment period on Florida's request. Under EPA regulations, 
Regional Administrators will approve or disapprove this request after 
taking into consideration all comments received.

DATES: Comments must be received on or before March 13, 1995. Public 
hearings have been scheduled for:

March 7, 1995, 10 a.m.-1 p.m. and 7 p.m.-10 p.m., Civic Convention 
Center, 9800 International Drive, Orlando, Florida 32819, Orange County
March 9, 1995, 10 a.m.-1 p.m. and 7 p.m.-10 p.m., Leon County Civic 
Center, 505 W. Pensacola Street, Tallahassee, Florida 32301, Leon 
County

    Part or all of the submittal (which comprises approximately 1500 
pages) may be copied at any FDEP office, or EPA office in Atlanta, at a 
minimal cost per page. A copy of the entire submittal may be obtained 
from the FDEP office in Tallahassee for a fee.

FOR FURTHER INFORMATION CONTACT: Ms. Dee Stewart, Environmental 
Engineer, Permits Section, U.S. EPA Region IV, 345 Courtland Street, 
NE., Atlanta, Georgia, 30365, 404/347-3012, ext. 2928, or Mr. Daryll 
Joyner, FDEP, Suite 202, Twin Towers Office Building, 2600 Blair Stone 
Road, Tallahassee, Florida, 32301, 904/488-4520.

SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act 
(Act) created the NPDES program under which the Administrator of the 
United States Environmental Protection Agency (EPA) may issue permits 
for the discharge of pollutants into waters of the United States under 
conditions required by the Act. The Act also provides that a State may 
be authorized to administer the NPDES program upon request and showing 
that the State has authority and a program sufficient to meet 
requirements of the Act. The Governor of Florida has requested NPDES 
program approval and on November 21, 1994, submitted a complete program 
description (including funding, personnel requirements and 
organization, and enforcement procedures), an Independent Counsel's 
statement, copies of applicable State statutes and regulations, and a 
Memorandum of Agreement (MOA) to be executed by the EPA, Region IV, 
Regional Administrator, and the Secretary, FDEP. The EPA Regional 
Administrator is required to approve the submitted program within 90 
days of submittal unless it does not meet the requirements of section 
402(b) of the Act and EPA regulations, which include, among other 
things, authority to issue permits which comply with the Act, authority 
to impose civil and criminal penalties for permit violations, and 
authority to ensure that the public is given notice and opportunity for 
a hearing on each proposed NPDES permit issuance. At the close of the 
comment period (including the public hearing), the EPA Regional 
Administrator will decide to approve or disapprove Florida's NPDES 
program. In accordance with EPA regulations, EPA and FDEP have agreed 
to extend the review period beyond the ninety (90) day statutory period 
until April 30, 1995.
    The decision to approve or disapprove Florida's NPDES program will 
be based on the requirements of section 402 of the CWA and 40 CFR Part 
123. If the Florida NPDES program is approved, the EPA Regional 
Administrator will so notify the State. Notice will be published in the 
Federal Register and, as of the date of program approval, EPA will 
suspend issuance of NPDES permits in Florida, except for: federal 
facilities, municipal separate storm sewer systems, storm water general 
permits, and individual storm water permits, until FDEP assumes 
permitting and enforcement authorities for these categories in the year 
2000. The State's program will implement federal law and operate in 
lieu of the EPA administered program. However, EPA will retain the 
right to object to NPDES permits proposed to be issued by the FDEP. If 
the EPA Regional Administrator disapproves Florida's NPDES program, the 
Regional Administrator will notify the FDEP of the reasons for 
disapproval and of any revisions or modification to the program which 
are necessary to obtain approval.
    The Florida submittal may be reviewed during normal business hours, 
Monday through Friday, excluding holidays, by the public at the Florida 
FDEP and EPA offices at the address appearing earlier in this Notice 
and at the following FDEP District offices: Northwest District Office, 
160 Governmental Center, Pensacola, Florida, 32501-5794; Southwest 
District, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8218; 
Northeast District, 7825 Baymeadows Way, Suite 200B, Jacksonville, 
Florida, 32256-7577; Central District, 3319 Maguire Blvd., Suite 232, 
Orlando, Florida, 32803-3767; South District, 2295 Victoria Ave., Suite 
364, Fort Myers, Florida, 33901, and the Southeast District, 1900 S. 
Congress Ave., Suite A, West Palm Beach, Florida, 33406. [[Page 5391]] 
    Public hearings to consider Florida's request to administer the 
NPDES permit program have been scheduled as shown at the beginning of 
this Notice. The Hearing Panel will include representatives of EPA 
Region IV and the Florida FDEP.
    The following are policies and procedures which shall be observed 
at the public hearings:
    1. The Presiding Officer shall conduct the hearing in a manner 
which will allow all interested persons wishing to make oral statements 
an opportunity to do so; however, the Presiding Officer may inform 
attendees of any time limits during the opening statement of the 
hearings.
    2. Any person may submit written statements or documents for the 
record.
    3. The Presiding Officer may, in his discretion, exclude oral 
testimony if such testimony is overly repetitious of previous testimony 
or is not relevant to the decision to approve or require revision of 
the submitted State program.
    4. The transcript taken at the hearing, together with copies of all 
submitted statements and documents, shall become a part of the record 
submitted to the Regional Administrator.
    5. The hearing record shall be left open until the deadline for 
receipt of comments specified at the beginning of this Notice to allow 
any person time to submit additional written statement or to present 
views or evidence tending to rebut testimony presented at the public 
hearing.
    Hearing statements may be oral or written. Written copies of oral 
statements are urged for accuracy of the record and for use of the 
Hearing Panel and other interested persons. Statements should summarize 
any extensive written materials. All comments received by EPA Region IV 
by the deadline for receipt of comments, or presented at the public 
hearing, will be considered by EPA before taking final action on the 
Florida request for NPDES program approval.

Regulatory Flexibility Act

    After review of the facts presented in this document, I hereby 
certify, pursuant to the provisions of 5 U.S.C. 605(b), that this 
notice of Florida's application to administer the NPDES program will 
not have a significant impact on a substantial number of small 
entities. The approval of the Florida NPDES permit program would merely 
transfer responsibilities for administration of the NPDES permit 
program from Federal to State government.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-1862 Filed 1-26-95; 8:45 am]
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