[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Notices]
[Pages 19483-19485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9364]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6966-5]


Final Reissuance of the National Pollutant Discharge Elimination 
System (NPDES) Storm Water Multi-Sector General Permits for Industrial 
Activities for Alaska and for Indian Country in Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final NPDES storm water general permits for Alaska 
and for Indian country in Montana.

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SUMMARY: This action provides notice of the reissuance of the ``Final 
National Pollutant Discharge Elimination System (NPDES) Storm Water 
Multi-Sector General Permit for Industrial Activities'' for the State 
of Alaska, and for Indian country within the State of Montana.

DATES: Today's action shall be effective on April 16, 2001. This 
effective date is necessary to provide dischargers with the immediate 
opportunity to comply with Clean Water Act requirements in light of the 
expiration of the existing Multi-Sector General Permit for the State of 
Alaska on February 9, 2001, and for the existing Baseline Industrial 
General Permit for Indian country lands within the State of Montana on 
September 9, 1997. The deadline for submission of notices of intent 
from sources in each of these areas is provided as part of this action.

ADDRESSES: The index to the administrative record for these final 
Multi-Sector General Permit is available at the appropriate Regional 
office or from the EPA Water Docket office in Washington, D.C. The 
administrative record, including documents immediately referenced in 
this reissuance notice, the reissuance of the permit for other areas of 
the country on October 30, 2000, and applicable documents used to 
support the original issuance of the Multi-Sector General Permits in 
1995, are stored at the EPA Water Docket Office at the following 
address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, Room EB-57, 
Washington, D.C. 20460. The records are available for inspection from 9 
a.m. to 4 p.m. Monday through Friday, excluding legal holidays. For 
appointments to examine any portion of the administrative record, 
please call the Water Docket Office at (202) 260-3027. A reasonable fee 
may be charged for copying. Specific record information can also be 
made available at the appropriate Regional Office upon request.
    In accordance with 40 CFR 23.2, the permit reissuance for the State 
of Alaska and for Indian country within the State of Montana shall be 
considered final for the purposes of judicial review at 1 p.m. (Eastern 
time) on April 30, 2001.

FOR FURTHER INFORMATION CONTACT: Misha Vakoc, EPA Region 10, (206) 553-
6650; [email protected] for Alaska; or Vern Berry, EPA Region 8, 
(303) 312-6234; [email protected] for Montana Indian country.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On October 30, 2000 (65 FR 64746), EPA published final NPDES Multi-
Sector General Permits (MSGP) for storm water discharges associated 
with industrial activity in the states of Arizona, Idaho, Maine, 
Massachusetts, New Hampshire, and New Mexico; the Commonwealth of 
Puerto Rico; the District of Columbia; the Territories of Johnson 
Atoll, American Samoa, Guam, the Commonwealth of Northern Mariana 
Islands, Midway and Wake Islands; Indian Country lands in Alaska, 
Arizona, California, Colorado, Connecticut, Florida, Idaho, Louisiana, 
Maine, Massachusetts, New Mexico, Nebraska, Nevada, North Dakota, 
Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Wyoming, and 
Washington; for certain oil and gas facilities in the States of 
Oklahoma and Texas not on Indian Country lands; and Federal facilities 
located in Colorado, Delaware, Vermont and Washington. This final 
action was previously corrected on January 9, 2001 (66 FR 1675-1678) 
and March 23, 2001 (66 FR 16233-16237).
    Today's notice provides final reissuance of the NPDES storm water 
MSGP for storm water discharges in the State of Alaska, and in Indian 
country within the State of Montana.

II. Notice of Final NPDES Storm Water Permit in Alaska

    On March 30, 2000 (65 FR 17010), EPA proposed the MSGP for the 
State of Alaska. EPA was not able to provide notice of the final permit 
in Alaska on October 30, 2000 when the MSGP was published, because at 
that time the State of Alaska had not concluded proceedings to certify 
compliance with Alaska water quality standards (pursuant to Clean Water 
Act section 401) and to determine consistency with the State's coastal 
zone management program.
    Today's action reissues EPA's NPDES Storm Water Multi-Sector 
General Permit for the State of Alaska. The permit's terms and 
conditions are those set forth at 65 FR 64801-64880 published on 
October 30, 2000 and corrected on January 9, 2001 (66 FR 1675-1678) and 
March 23, 2001 (66 FR 16233-16237). This action adds the state-specific 
requirements provided by the State of Alaska under section 401 of the 
Clean Water Act, and specifically sets the date by which facilities in 
Alaska must submit their Notice of Intent application.
    The effective date of this MSGP permit for the State of Alaska is 
April 16, 2001. To accommodate a consistent permit schedule which 
aligns Alaska's MSGP with those of other states and territories, this 
permit and authorization to discharge from facilities located in Alaska 
expires at midnight, October 30, 2005.
    Notices of Intent (NOIs) to be covered under this permit must be 
submitted to EPA as indicated in Part 2 of the MSGP published on 
October 30, 2000. For Alaskan facilities seeking continued coverage of 
existing discharges under the MSGP, Notices of Intent must be submitted 
no later than July 16, 2001, which is ninety (90) days after the 
effective date of this permit.
    Section 401 of the Clean Water Act 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, or waives certification. The section 
401 certification process has been completed for the State of Alaska. 
Alaska CWA 401 conditions provide that the storm water pollution 
prevention plan shall be approved and sealed by a Professional Engineer 
registered in the State of Alaska and submitted to the Alaska 
Department of Environmental Conservation for review and approval at the 
address listed below. Approval must be obtained prior to discharge, and 
the state's plan review fee must be paid according to provisions of 
state law. A

[[Page 19484]]

copy of the Notice of Intent form, in addition to the NOI already 
required to be submitted to EPA, must also be sent to the address 
indicated below. In addition, a copy of any Notice of Termination must 
be submitted to the Alaska Department of Environmental Conservation, as 
well. The address of the state office to which copies are to be sent 
is:
    Alaska Department of Environmental Conservation, Water Quality 
Permitting Section/Storm water, 555 Cordova Street, Anchorage, Alaska 
99501.

III. Montana Indian Country

    The Federal Register publication of October 30, 2000 reserved 
issuance of the MSGP for Montana Indian country because of a lawsuit 
for development of total maximum daily loads (TMDLs) for impaired 
waterbodies in Montana. On June 21, 2000 and September 21, 2000, U.S. 
District Judge Donald W. Malloy issued orders stating that until all 
necessary TMDLs under Section 303(d) of the Clean Water Act are 
established for a particular water quality limited segment, the EPA is 
not to issue any new permits or increase permitted discharges under the 
NPDES program. The orders were issued in the lawsuit Friends of the 
Wild Swan, Inc., et al., v. U.S. E.P.A., et al., CV 97-35-M-DWM, 
District of Montana, Missoula Division. After further review of the 
Court's orders, EPA finds that the issuance of the MSGP for Indian 
country in Montana does not conflict with the Court's orders because: 
(1) The permit is not new, being a replacement for the previously 
issued general permit for storm water discharges from industrial 
activities; (2) the 1996 and subsequent Montana section 303(d) lists of 
impaired waters, as approved by EPA, did not include waters within 
Indian country in Montana; (3) the permit prohibits storm water 
discharges that cause or contribute to water quality standards 
violations, meaning that discharges of storm water from industrial 
activities in compliance with the conditions of this permit are not 
likely to have an adverse effect on any waterbody in Montana that has 
been listed under section 303(d) of the Clean Water Act.
    Today's action issues EPA's NPDES Storm Water Multi-Sector General 
Permit for Indian country in the State of Montana, which replaces the 
Baseline Industrial General Permit. The permit's terms and conditions 
are those set forth at 65 FR 64801-64880 published on October 30, 2000 
and corrected on January 9, 2001 (66 FR 1675-1678) and March 23, 2001 
(66 FR 16233-16237).
    The effective date of this MSGP for Indian country in the State of 
Montana is April 16, 2001. To accommodate a consistent permit schedule 
which aligns this MSGP with those of other states and territories, this 
permit and authorization to discharge from facilities located in Indian 
country in Montana expires at midnight, October 30, 2005.
    Notices of Intent (NOIs) to be covered under this permit must be 
submitted to EPA as indicated in Part 2 of the MSGP published on 
October 30, 2000. For facilities located in Indian country in Montana 
seeking coverage of existing discharges under the MSGP, Notices of 
Intent must be submitted no later than July 16, 2001, which is ninety 
(90) days after the effective date of this permit.

Economic Impact (Executive Order 12866)

    EPA has determined that the reissuance of these general permits for 
Alaska and for Montana Indian country is not a ``significant regulatory 
action'' under the terms of Executive Order 12866 (58 FR 51735 (October 
4, 1993)) and is therefore not subject to formal OMB review prior to 
proposal.

Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from these final MSGPs under the Paperwork Reduction Act, 44 
U.S.C. Sec. 3501 et seq. The information collection requirements of 
these permits have already been approved by the Office of Management 
and Budget (OMB Control Numbers 2040-0004, 2040-0086, 2040-0110 and 
2040-0211) in submissions made for the NPDES permit program under the 
provisions of the Clean Water Act.

Regulatory Flexibility Act (RFA)

    The RFA generally requires that EPA prepare a regulatory 
flexibility analysis for rules subject to the requirements of 5 U.S.C. 
553(b) that have a significant impact on a substantial number of small 
entities. The permits issued today, however, are not ``rules'' subject 
to the requirements of 5 U.S.C. 553(b) and are therefore not subject to 
the RFA.

Unfunded Mandates Reform Act (UMRA)

    Section 201 of UMRA generally requires Federal agencies to assess 
the effects of their ``regulatory actions'' (defined to be the same as 
``rules'' subject to the RFA) on tribal, state, and local governments 
and the private sector. The permits issued today, however, are not 
``rules'' subject to the RFA and are therefore not subject to the 
requirements of UMRA.


    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq.), operators of point source discharges 
of storm water associated with industrial activity that are located in 
the State of Alaska, except Indian country lands, and in Indian country 
lands within the State of Montana are authorized to discharge 
pollutants to waters of the United States in accordance with the 
conditions and requirements set forth in the ``Final Reissuance of 
National Pollutant Discharge Elimination System (NPDES) Storm Water 
Multi-Sector General Permit for Industrial Activities'' issued on 
October 30, 2000 (65 FR 64746), and corrected on January 9, 2001 (66 FR 
1675) and March 23, 2001 (66 FR 16233), with the five alterations to 
permit language appearing below.
    1. Part 1.1.8, for Montana remove the word ``Reserved,'' and 
replace with the following:

------------------------------------------------------------------------
                                        Areas of coverage/where EPA is
             Permit No.                      permitting authority
------------------------------------------------------------------------
MTR05*##I...........................  Indian country lands within the
                                       State of Montana.
------------------------------------------------------------------------

    2. Part 1.1.10, remove the sentence, ``EPA will reissue this permit 
for the State of Alaska at a later date.'' Revise table to include the 
entry:

------------------------------------------------------------------------
                                        Areas of coverage/where EPA is
             Permit No.                      permitting authority
------------------------------------------------------------------------
AKR05*###...........................  The State of Alaska, except Indian
                                       country lands.
------------------------------------------------------------------------

    3. Table 2-1, Deadlines for NOI Submittal, add the following dates 
for the State of Alaska and Indian country within the State of Montana:

                 Table 2-1--Deadlines for NOI Submittal
------------------------------------------------------------------------
                Category                             Deadline
------------------------------------------------------------------------
1A. Existing discharges covered under    July 16, 2001.
 the 1995 MSGP within the State of
 Alaska, and the Baseline Industrial
 General Permit for Indian country
 within the State of Montana (see also
 Part 2.1.2--Interim Coverage).
------------------------------------------------------------------------

    4. Part 13.10.1, remove the sentence: ``(The terms and conditions 
of the 1995 Multi-Sector General Permit are effective for facilities in 
the State of Alaska through February 9, 2001.)'' and replace with the 
following: AKR05*###: The State of Alaska, except Indian country lands.
    5. Add the following:

[[Page 19485]]

    Part 13.10.1.1  Permittees in Alaska must also meet the following 
conditions:
    1. A copy of the Notice of Intent shall be sent to the following 
Department of Environmental Conservation office: Alaska Department of 
Environmental Conservation, Water Quality Permitting Section/Storm 
Water, 555 Cordova Street, Anchorage, Alaska 99501.
    2. Pollution Prevention Plans shall be approved and sealed by a 
Professional Engineer registered in the state of Alaska and submitted 
to the Alaska Department of Environmental Conservation, at the above 
address, for review and approval. Approval must be obtained prior to 
discharge. Either a check for the plan review fee will be paid to the 
department prior to the departments commencing plan review, or a 
reimbursement agreement will be in place for NPDES permits associated 
with the project (18 A.A.C. 72.600 9(a) and 18 A.A.C. 72.610(8)).
    3. A copy of the Notice of Termination shall be sent to the above 
Alaska Department of Environmental Conservation office.

Region 8

    Signed and issued this 3rd day of April 2001.
Stephen S. Tuber,
Acting Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance.
Region 10

    Signed and issued this 27th of March 2001.
Randall F. Smith,
Director, Office of Water.
[FR Doc. 01-9364 Filed 4-13-01; 8:45 am]
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