[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Pages 55841-55842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22230]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7270-8]


Commonwealth of Pennsylvania's Submission of a Substantial 
Program Revision to Its Authorized National Pollutant Discharge 
Elimination System (NPDES) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revision, public comment period, and opportunity to 
request a public hearing.

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SUMMARY: The Commonwealth of Pennsylvania has submitted

[[Page 55842]]

amendments to its Water Quality Regulations (adopted by the 
Environmental Quality Board on June 20, 2000) (hereinafter the 
Pennsylvania Regulation Revisions) to EPA for review as a revision to 
the Commonwealth's authorized National Pollutant Discharge Elimination 
System (NPDES) program pursuant to section 402 of the Clean Water Act 
(CWA). The Commonwealth has made significant revisions to 25 PA Code 
Chapters 92 and 97 of the Water Quality Regulations and EPA has 
determined that the Pennsylvania Regulation Revision constitutes a 
substantial revision to Pennsylvania's authorized NPDES program. 
Accordingly, EPA requests public comment and is providing notice of an 
opportunity to request a public hearing on the submitted regulation. 
EPA seeks public comments on whether to approve or disapprove the 
revisions to Pennsylvania's authorized NPDES program, and a public 
hearing will be held if there is significant public interest based on 
the requests received. Copies of the Pennsylvania Regulation Revisions 
are available for public inspection as indicated in the ADDRESSES 
section.

DATES: Comments and/or requests for public hearing must be received 
before October 15, 2002.

ADDRESSES: Comments should be addressed to Evelyn MacKnight, U.S. EPA, 
Region III, 3WP11, 1650 Arch Street, Philadelphia, Pennsylvania, 19103.

FOR FURTHER INFORMATION CONTACT: Evelyn MacKnight, (215) 814-5717, at 
the above address. Those who are deaf or hearing-impaired may use the 
Relay Service at 1-800-654-5984 and request that the call be relayed.

SUPPLEMENTARY INFORMATION: Section 402 or the Federal Clean Water Act 
(CWA) created the NPDES program under which the Administrator of EPA 
may issue permits for the discharge of pollutants into the water of the 
United States under conditions required by the CWA. Section 402(b) 
allows States to assume NPDES program responsibilities upon approval by 
EPA. On June 30, 1978, Pennsylvania received approval from EPA to 
assume the NPDES program; the Commonwealth then received the authority 
to administer the following NPDES programs on the dates indicated: the 
Federal Facilities Program on June 30, 1978; and the General Permits 
program on August 2, 1991.
    EPA has issued a regulation in 40 CFR part 123 that establishes the 
requirements for NPDES State Programs. Section 123.62 establishes 
procedures for revision of authorized NPDES State Programs. Under 
Sec. 123.62(a), a State may initiate a program revision and must keep 
EPA informed of proposed modifications to its regulatory authority. On 
12/20/2000, the Commonwealth of Pennsylvania submitted its regulation 
revisions for formal review by EPA. Under Sec. 123.62(b)(1), a State 
program submittal is complete whenever the State submits such documents 
as EPA determines are necessary under the circumstances. In this 
instance, EPA has determined that the State submission is complete. 
Section 123.62(b)(2) requires EPA to issue public notice by publication 
in the Federal Register and in newspapers having Statewide coverage, 
and to provide a period of public comment of at least 30 days whenever 
the Agency determines that a program revision is substantial. EPA has 
determined that the Pennsylvania Regulation Revision, which is 
described below, constitutes a substantial revision to Pennsylvania's 
NPDES program. Section 123.62(b)(2) also requires EPA to hold a public 
hearing regarding the proposed revision ``if there is significant 
public interest based on requests received.''
    The Pennsylvania Regulation Revision includes amendments to 25 PA 
Code Chapters 92 and 97 of the Water Quality Regulations. These 
revisions were part of the Commonwealth's Regulatory Basics Initiative 
(RBI), which was a process to evaluate regulations considering several 
factors including whether requirements are more stringent than Federal 
regulations without good reason; impose economic costs disproportionate 
to the environmental benefit; are prescriptive rather than performance-
based; inhibit green technology and pollution prevention strategies; 
are obsolete or redundant; lack clarity; or are written in a way that 
causes significant noncompliance.
    The revision incorporates by reference portions of Federal 
regulations found at 40 CFR parts 122, 124 and 125 (relating to EPA 
administered permit programs; the National Pollutant Discharge 
Elimination System; procedures for decision making; and criteria and 
standards for the National Pollutant Discharge Elimination System), so 
that it is now necessary for permittees and others to refer to Chapter 
92 and the Federal regulations. Other significant revisions include the 
addition of regulations addressing Concentrated Animal Feeding 
Operations (CAFOs), which are significant contributors to water quality 
impairments due to nutrients and excessive erosion and sediment. The 
Commonwealth also significantly revised applicable regulations 
regarding Sanitary Sewer Overflows (SSOs) and Combined Sewer Overflows 
(CSOs). Pennsylvania also incorporates requirements of erosion and 
sediment control for stormwater and construction activities into NPDES 
permits.
    At the close of the public comment period (including, if necessary, 
the public hearing), the EPA Regional Administrator, with the 
concurrence of the Associate General Counsel for Water and the Director 
of the Office of Compliance and Enforcement, will decide whether to 
approve or disapprove the Pennsylvania Regulation Revision as a 
revision to the Pennsylvania NPDES program. The decision to approve or 
disapprove will be based upon satisfying or meeting the requirements of 
the CWA and 40 CFR part 123. The Pennsylvania Regulation Revision may 
be reviewed by the public from 8 a.m. to 4 p.m. at the EPA office in 
Philadelphia, Monday to Friday (excluding holidays), at the address 
appearing earlier in this notice. Copies of the submittal may be 
obtained for a fee by contacting Evelyn MacKnight as indicated in the 
ADDRESSES section.
    All comments or objections received by October 15, 2002, as 
discussed will be considered by EPA before taking final action on the 
program revision.
    Please bring the foregoing to the attention of persons whom you 
know are interested in this matter. All written comments and question 
on this matter should be addressed to Evelyn MacKnight at the above 
address or telephone number.

    Dated: August 22, 2002.
Donald S. Welsh,
Regional Administrator, Environmental Protection Agency, Region III.
[FR Doc. 02-22230 Filed 8-29-02; 8:45 am]
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