[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Notices]
[Pages 50020-50023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24285]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5608-8]


 Final National Pollutant Discharge Elimination System (NPDES) 
Storm Water Multi-Sector General Permit for Industrial Activities

Agency: Environmental Protection Agency (EPA), Region 9.

Action: Notice of final NPDES storm water multi-sector general permit 
for Guam.

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Summary: This action provides notice for the issuance of the final 
multi-sector general permit (MSGP) for storm water discharges 
associated with industrial activity for the Island of Guam. On 
September 29, 1995 (60 FR 50804), EPA issued the MSGP to cover storm 
water discharges associated with industrial

[[Page 50021]]

activity in the various states, territories and Indian reservations 
which are listed below. The September 29, 1995 MSGP is being revised 
today to include Guam on the list of geographic areas for which 
discharges may be authorized. The MSGP for Guam also includes certain 
special conditions required by the Guam EPA pursuant to section 401 of 
the Clean Water Act (CWA).

Effective Date: This action is effective on September 24, 1996.

For Further Information Contact: Eugene Bromley, U.S. Environmental 
Protection Agency, Region 9 (W-5-1), 75 Hawthorne Street, San 
Francisco, CA 94105, 415-744-1906.

Supplementary Information:

I. Introduction

    On September 29, 1995 (60 FR 50804), EPA published its final NPDES 
multi-sector general permit (MSGP) for storm water discharges 
associated with industrial activity for the following areas: the States 
of Arizona, Florida, Idaho, Louisiana, Maine, Massachusetts, New 
Hampshire, New Mexico, Oklahoma and Texas; the District of Columbia; 
Johnston Atoll, and Midway and Wake Islands; the Commonwealth of Puerto 
Rico; Federal Indian reservations in Alaska, Arizona, California, 
Connecticut, Idaho, Louisiana, Maine, Massachusetts, Nevada, New 
Hampshire, New Mexico, Oklahoma, Oregon, Rhode Island, Texas, Utah 
(only the Navajo and Goshute Reservations), Vermont, and Washington; 
and Federal facilities located in Arizona, the Commonwealth of Puerto 
Rico, the District of Columbia, Delaware, Idaho, Johnston Atoll, Midway 
and Wake Islands, Vermont, and Washington. On February 9, 1996 (61 FR 
5248), notice was provided of certain deadline extensions and technical 
corrections to the MSGP, and MSGP coverage was extended to the State of 
Alaska. Notice of a subsequent technical correction was also provided 
on February 20, 1996 (61 FR 6412).
    The draft MSGP was proposed by EPA on November 19, 1993 (58 FR 
61146), and Guam was proposed to be included among the areas of 
coverage of the MSGP. However, at the time of issuance of the final 
MSGP for most areas (September 29, 1995), the Guam EPA had not 
completed its review of the MSGP for certification purposes pursuant to 
section 401 of the CWA. As such, the MSGP could not be issued for Guam 
at that time.
    On April 8, 1996, the Guam EPA provided its 401 certification for 
the MSGP, including certain special conditions necessary to ensure 
compliance with the CWA. Today, EPA is providing notice of the issuance 
of the final MSGP for Guam including the special conditions required by 
the Guam EPA.

II. Final MSGP for Guam

    The MSGP covers storm water discharges from a wide variety of 
industrial activities which are described in the fact sheet. The MSGP 
also includes industry-specific sections that describe the storm water 
pollution prevention plan requirements, numeric effluent limitations 
and monitoring requirements for the specific industries. These 
industry-specific sections are contained in Part XI of the MSGP and are 
described in Part VIII of the fact sheet. There are also a number of 
permit requirements that apply to all industries which are found 
elsewhere in the MSGP and described in the fact sheet.
    Today's notice incorporates by reference the permit terms and 
conditions set forth at 60 FR 51108-51255 published on September 29, 
1995, and also incorporates by reference the technical corrections of 
February 9, 1996 (61 FR 5251-5254) and February 20, 1996 (61 FR 6412). 
These requirements may be found in Parts I through XI of the permit. 
The MSGP published on September 29, 1995 on pages 51108-51255 is being 
revised today to include Guam among the areas for which discharges may 
be authorized. Today's notice also includes the 401 certification 
conditions required by the Guam EPA, which are found in Part XII of 
today's revised MSGP.

A. Contacts

    Notices of Intent (NOIs) to be covered under the MSGP and Notices 
of Termination (NOTs) to terminate coverage under the MSGP must be sent 
to the Storm Water Notice of Intent Processing Center (see address 
below). The complete administrative record for the MSGP is available 
through the Water Docket MC-4101, Environmental Protection Agency, 401 
M Street SW, Washington, D.C. 20460. A reasonable fee may be charged 
for copying.
    Notice of Intent Address. Notices of Intent to be authorized to 
discharge under the MSGP should be sent to: NOI/NOT Processing Center 
(4203), 401 M Street SW., Washington, D.C. 20460.
    Address for Other Submittals. Other submittals of information 
required under the MSGP should be sent to EPA, Region 9, Water 
Management Division (W-5-3), 75 Hawthorne Street, San Francisco, CA 
94105.
    NOIs and certain other materials must also be sent to the Guam EPA 
in accordance with the 401 certification (see below).

B. 401 Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters, shall be granted until the state in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of sections 301, 302, 303, 306 and 307 
of the CWA. As noted above, the Guam EPA provided its 401 certification 
on April 8, 1996 for the MSGP. The following special conditions were 
included:
    1. NOIs must be sent to the Guam EPA for review and comment as well 
as to EPA.
    2. Storm water pollution prevention plan (SWPPPs) and supporting 
best management practices must be submitted to the Guam EPA for review 
and comment. (Although the Guam EPA did not specify a deadline for 
submittal, it is presumed that submittal is required as soon as the 
SWPPP is completed.)
    3. All monitoring reports must be submitted concurrently to the 
Guam EPA to verify discharge compliance with Territorial water quality 
standards.
    These conditions have been included in the final MSGP for Guam.

C. Deadlines

    For facilities eligible for coverage under the MSGP of September 
29, 1995, EPA's notice of February 9, 1996 (61 FR 5248) extended the 
deadline for submittal of NOIs to March 29, 1996. In addition, the 
deadline for SWPPP preparation and compliance was extended until 
September 25, 1996. However, the following special extended deadlines 
have been established for facilities in Guam in consideration of the 
delay in the issuance of the final MSGP for Guam:

    NOI Submittal. NOIs must be submitted no later than 90 days 
after the effective date of the MSGP for Guam (which is the date of 
publication in the Federal Register).
    SWPPP Preparation and Compliance. Preparation and compliance 
with SWPPPs must be completed no later than 270 days after the 
effective date of the MSGP for Guam.

    These deadlines establish the same time frames for completion of 
the above actions that were established for facilities by the MSGP 
issued on September 29, 1995. The expiration date for the MSGP for Guam 
has been set at October 1, 2000, which is the same expiration date for 
areas covered of the September 29, 1995 MSGP. Although this results in 
a permit term slightly less

[[Page 50022]]

than the usual five years, alignment of the expiration dates will 
facilitate permit reissuance.

D. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in the final MSGP for Guam under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. The information collection requirements in 
today's final notice for Guam have already been approved by the Office 
of Management and Budget in previous submissions made for the NPDES 
permit program under the provisions of the CWA.

E. Considerations Under Other Federal Laws

    For the MSGP issued for Guam by today's notice, EPA is required to 
conduct and certify certain analyses under the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., and the Unfunded Federal Mandates Act, 
Public Law 104-4. By today's action, EPA adopts, incorporates, and 
certifies the necessary findings under the Regulatory Flexibility Act 
and the Unfunded Federal Mandates Act made in the September 29, 1995 
MSGP for the purposes of the MSGP issued for Guam.

F. Regulatory Flexibility Act Certification

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is 
required to prepare a Regulatory Flexibility Analysis to assess the 
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory 
Flexibility Analysis is required where the head of the Agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    Today's permit will provide any small entity the opportunity to 
obtain storm water permit coverage as a result of the group application 
process. Group applications provided small entities a mechanism to 
reduce their permit application burden by grouping together with other 
industrial facilities and submitting a common permit application with 
reduced monitoring requirements and shared costs. The group application 
information submitted to EPA provided a basis for the development of 
storm water permit conditions tailored specifically for each industry. 
The permit requirements have been designed to minimize significant 
administrative and economic impacts on small entities and should not 
have a significant impact on industry in general. Moreover, the permit 
reduces a significant burden on regulated sources of applying for 
individual permits.
    Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
permit will not have a significant impact on a substantial number of 
small entities.

    Dated: September 3, 1996.
Alexis Strauss,
Acting Regional Administrator, Region 9.

Authorization to Discharge Under the National Pollutant Discharge 
Elimination System

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq., the ``Act''), except as provided in 
Part I.B.3 of this storm water multi-sector general permit, operators 
of point source discharges of storm water associated with industrial 
activity that discharge into waters of the United States, represented 
by the industry sectors identified in Part XI. of this permit, are 
authorized to discharge in the areas of coverage listed below in 
accordance with the conditions and requirements set forth herein.

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                      Area of Coverage                        Permit No.
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Guam (non-Federal Facilities)..............................    GUR05*###
Federal Facilities on Guam.................................    GUR05*##F
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    Operators of storm water discharges from the industrial activities 
covered under this permit who intend to be authorized by this permit 
must submit a Notice of Intent (NOI) in accordance with Part II.B of 
this permit. Operators of storm water discharges associated with 
industrial activity who fail to submit an NOI in accordance with Part 
II.B of this permit are not authorized under this general multi-sector 
permit.
    This permit shall become effective on September 24, 1996.
    This permit and the authorization to discharge shall expire at 
midnight, October 1, 2000.

    Signed this 3rd day of September, 1996.
Alexis Strauss,
Acting Regional Administrator Region 9.

    For reasons set forth in this preamble, Parts I, II, IV and XII of 
the NPDES Storm Water Multi-Sector General Permit (MSGP) are amended as 
follows:

I. Inclusion of Guam in MSGP

Part I (Amended)

    Part I is amended by revising paragraph A. Permit Area, Region IX 
to include Guam before the phrase ``Midway and Wake Island'' as 
follows:

Part I. Coverage Under This Permit

A. Permit Area

* * * * *
    Region IX--the State of Arizona, the Territories of Johnston Atoll, 
Guam, and Midway and Wake Island; * * *

II. NOI Submittal Deadline for Guam

Part II (Amended)

    The deadline for NOI submittal for existing facilities in Guam is 
established by adding Parts II.A.7 and 8 to the MSGP as follows:

Part II. Notification Requirements

A. Deadlines for Notification

* * * * *
    7. Existing Facilities in Guam. Except as provided in paragraphs 
II.A.4 (New Operator), and II.A.5 (Late Notification), individuals on 
Guam who intend to obtain coverage for an existing storm water 
discharge associated with industrial activity under this general permit 
shall submit an NOI in accordance with the requirements of this Part on 
or before [insert date 90 days after permit publication date].
    8. Facilities on Guam Previously Subject to the Baseline General 
Permit. Eligible facilities previously covered by EPA's 1992 Baseline 
General Permit for Storm Water Discharges Associated with Industrial 
Activity (57 FR 44438) may elect to be covered by this permit by 
submitting an NOI in accordance with the requirements of this Part 
within [insert date 90 days after permit publication date]. To avoid a 
lapse in permit coverage should reissuance or termination of the 1992 
Baseline General Permit eliminate coverage for certain industries under 
that permit, NOIs from eligible facilities may also be submitted during 
the period 90 days prior to the expiration date of the Baseline General 
Permit.

III. Deadlines for Storm Water Pollution Prevention Plan Preparation 
and Compliance for Facilities on Guam

Part IV (Amended)

    For facilities on Guam, the deadline for storm water pollution 
prevention plan preparation and compliance is established in the MSGP 
by adding Parts IV.A.8 and 9 as follows: Part IV. Storm Water Pollution 
Prevention Plans

A. Deadlines for Plan Preparation and Compliance

* * * * *
    8. Existing Facilities on Guam. Except as provided in paragraphs 3, 
4, and 5 (above), all existing facilities and new facilities that begin 
operation on or before [insert date] 270 days after permit publication 
date  shall prepare and implement the plan by [insert date 270 days 
after permit publication date ].

[[Page 50023]]

    9. Facilities on Guam Switching from the Baseline General Permit to 
This Permit. Facilities previously subject to the NPDES General Permit 
for Storm Water Discharges Associated with Industrial Activity (57 FR 
44438) that switch to coverage under this permit shall continue to 
implement the storm water pollution prevention plan required by that 
permit. The plan shall be revised as necessary to address requirements 
under Part XI of this permit no later than [insert date 270 days after 
permit publication date ]. The revisions to the plan shall be 
implemented on or before [insert date 270 days after permit publication 
date ].

IV. 401 Certification Requirements for Guam

Part XII (Amended)

    The Guam 401 certification requirements revise the MSGP by adding 
the following paragraphs after the requirements for Arizona:

Part XII. Coverage Under This Permit

* * * * *
Region IX
* * * * *
Guam (GUR05*###) and Federal Facilities in Guam (GUR05##F)
    1. An additional notification requirement is established as 
follows:

Part II. Notification Requirements

* * * * *

D. Additional Notification

    * * * Notices of Intent shall also be submitted to the Guam EPA for 
review and comment at the following address: Guam Environmental 
Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.
    2. Storm water pollution prevention plans must be submitted for 
review by the Guam EPA in accordance with the following added language:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

B. Signature and Plan Review

    1. Signature/Location. * * * For facilities on Guam, a copy of the 
plan and supporting best management practices shall be submitted to the 
Guam EPA at the following address: Guam Environmental Protection 
Agency, P. O. Box 22439 GMF, Barrigada, Guam 96921. The plan shall be 
submitted as soon as it is completed.
    3. Storm water discharge monitoring reports and all other reports 
required by the MSGP must be submitted to the Guam EPA in accordance 
with the following added language:

Part VI. Monitoring and Reporting Requirements

* * * * *

B. Reporting: Where to Submit

* * * * *
    2. Additional Notification. * * * For facilities on Guam, copies of 
all discharge monitoring reports and other reports required under this 
permit shall also be sent to the Guam EPA at the following address: 
Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, 
Guam 96921.

[FR Doc. 96-24285 Filed 9-23-96; 8:45 am]
BILLING CODE 6560-50-P