[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Proposed Rules]
[Pages 79828-79832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32984]



[[Page 79827]]

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Part VI





Environmental Protection Agency





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40 CFR Part 122



Modification of National Pollutant Discharge Elimination System (NPDES) 
Permit Deadline for Storm Water Discharges for Oil and Gas Construction 
Activity That Disturbs One to Five Acres of Land; Proposed Rule

  Federal Register / Vol. 67, No. 250 / Monday, December 30, 2002 / 
Proposed Rules  

[[Page 79828]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 122

[FRL-7433-9]
RIN 2040-AC82


Modification of National Pollutant Discharge Elimination System 
(NPDES) Permit Deadline for Storm Water Discharges for Oil and Gas 
Construction Activity That Disturbs One to Five Acres of Land

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Today's action proposes to postpone until March 10, 2005, the 
permit authorization deadline for National Pollutant Discharge 
Elimination System (NPDES) storm water permits for oil and gas 
construction activity that disturbs one to five acres of land. On 
December 8, 1999 (64 FR 68722), the U.S. Environmental Protection 
Agency (EPA) published a final rule expanding the then-existing NPDES 
permitting program to require permit coverage by March 10, 2003 for, 
among other things, construction sites that disturb one to five acres. 
As part of that rulemaking, EPA assumed that few, if any, oil and gas 
exploration, production, processing, or treatment operations or 
transmission facilities would be affected by the rule. Since rule 
promulgation, information has become available indicating that close to 
30,000 oil and gas sites per year may be affected by the December 8, 
1999, storm water regulations.
    EPA is proposing a two-year postponement of the deadline from March 
10, 2003, to March 10, 2005, in order to allow time for EPA to analyze 
and better evaluate the impact of the permit requirements on the oil 
and gas industry, the appropriate best management practices for 
preventing contamination of storm water runoff resulting from 
construction associated with oil and gas exploration, production, 
processing, or treatment operations or transmission facilities, and the 
scope and effect of 33 U.S.C. 1342 (l)(2) and other storm water 
provisions of the Clean Water Act.

DATES: Comments on the proposed rule must be received on or before 
January 29, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Send written comments to: Water Docket, 
Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Attention Docket ID No. OW-2002-0068. 
For other types of delivery, see the detailed instructions in section 
I.C.

FOR FURTHER INFORMATION CONTACT: Wendy Bell, Office of Wastewater 
Management, Office of Water, Environmental Protection Agency, at 202-
564-0746 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Regulated Entities. Entities Potentially Regulated by This Action 
Include:

------------------------------------------------------------------------
             Category                  Examples of regulated  entities
------------------------------------------------------------------------
Industry..........................  Oil and gas producers constructing
                                     drilling sites disturbing one to
                                     five acres of land, construction
                                     site operators associated with oil
                                     and gas construction projects
                                     disturbing one to five acres of
                                     land.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility or company is regulated by this action, you should 
carefully examine the applicability criteria in 40 CFR 122.26(b)(15). 
If you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of This Document and Other Related Information 
?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2002-0068. The official public docket is 
the collection of materials that are available for public viewing at 
the Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is 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 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or 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 in the system, select ``search,'' 
then key in the appropriate docket identification number.
    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's 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 I.B.1.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

[[Page 79829]]

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. EPA's preferred method for receiving comments is 
through use of the Agency's electronic public docket. To access this 
docket, go directly to EPA Dockets at http://www.epa.gov/edocket, and 
follow the online instructions for submitting comments. Once in the 
system, select ``search,'' and then key in Docket ID No. OW-2002-0068. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OW-2002-0068. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send the original and three copies of your comments to: 
``Water Docket, Environmental Protection Agency, Mailcode 4101T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. 
OW-2002-0068.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC, Attention Docket ID No. OW-2002-0068. Such deliveries 
are only accepted during the Docket's normal hours of operation as 
identified in section I.B.1.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. Background

    Section 405 of the Water Quality Act of 1987 (WQA) added section 
402(p) of the Clean Water Act (CWA), which directs EPA to develop a 
phased approach to regulate storm water discharges under the National 
Pollutant Discharge Elimination System (NPDES) program. EPA published a 
final regulation on the first phase of this program on November 16, 
1990, establishing permit application requirements for ``storm water 
discharges associated with industrial activity.'' EPA defined the term 
``storm water discharge associated with industrial activity'' in a 
manner that covered a wide variety of facilities. Construction 
activities that disturb five acres of land and greater are considered 
``industrial activity'' under 40 CFR 122.26(b)(14)(x).
    Phase II of the storm water program regulations were published in 
the Federal Register on December 8, 1999. Phase II requires storm water 
permits for sites disturbing equal to or greater than one acre of land 
and less than five acres. 40 CFR 122.26(b)(15)(i). Discharges from 
these sources require permit authorization by March 10, 2003 (40 CFR 
122.26(e)(8)).
    In developing the Phase II storm water regulations, EPA conducted 
an analysis of the potential impacts of the regulation on the national 
economy and also analyzed impacts on small businesses. These impacts 
are associated with implementation of sediment and erosion control 
practices or best management practices to reduce pollutants commonly 
associated with construction storm water discharges. In performing 
these analyses, EPA considered affected industrial sectors, including 
the oil and gas industry. Based on information provided, EPA assumed 
that few, if any, oil and gas exploration, production, processing, or 
treatment operations, or transmission facilities would be affected by 
Phase II. Therefore, EPA did not include oil and gas exploration sites 
in the Economic Analysis of the Phase II Final Rule.
    Based on recent information from the U.S. Department of Energy, EPA 
now estimates that on average there are 30,000 oil and gas starts per 
year, including exploration and development activities. Initially, EPA 
assumed that very few of these starts would incur compliance costs 
associated with the Phase II rule because most of them would be less 
than one acre. However, based on new information, EPA now believes that 
a significant number of such sites may exceed one acre. In addition, 
EPA had assumed that the oil and gas industry would use best management 
practices (BMPs) similar to those in other industrial sectors involved 
in construction and development, if affected. EPA estimated the costs 
of these BMPs to range from $1,206 to $8,709 depending on the size, 
slope and soil characteristics of a given site. EPA plans to gather 
more data on the BMPs used by the oil and gas

[[Page 79830]]

industry to determine if this cost range is accurate.
    Title 33 U.S.C. 1342(l)(2) exempts certain storm water discharges 
from oil and gas exploration, production, processing, or treatment 
operations or transmission facilities from the NPDES permit 
requirement. The statute provides that ``[t]he Administrator shall not 
require a permit under this section, nor shall the Administrator 
directly or indirectly require any State to require a permit, for 
discharges of stormwater runoff from * * * oil and gas exploration, 
production, processing, or treatment operations or transmission 
facilities, composed entirely of flows which are from conveyances or 
systems of conveyances (including but not limited to pipes, conduits, 
ditches, and channels) used for collecting and conveying precipitation 
runoff and which are not contaminated by contact with, or do not come 
into contact with, any overburden, raw material, intermediate products, 
finished product, byproduct, or waste products located on the site of 
such operations.'' Emphasis added. The NPDES storm water regulations 
repeat this exemption at 40 CFR 122.26(a)(2). However, as noted above, 
those regulations also currently require NPDES permits for storm water 
discharges from ``[c]onstruction activity including clearing, grading, 
and excavation except operations that result in the disturbance of less 
than five acres of total land area.'' 40 CFR 122.26(b)(14)(x). In 
addition, as currently written, these regulations will require NPDES 
permits by March 10, 2003, for storm water discharges from construction 
sites disturbing at least one acre, and less than five acres. 40 CFR 
122.26(b)(15)(i).

III. Today's Action

    In today's action, EPA is proposing to postpone until March 10, 
2005, the permit authorization deadline for National Pollutant 
Discharge Elimination System (NPDES) storm water permits for oil and 
gas construction activity that disturbs one to five acres of land and 
sites disturbing less than one acre that are part of a larger common 
plan of development or sale that disturbs one to five acres. Since 
January 2002, information has become available indicating that close to 
30,000 oil and gas sites may be affected by the Phase II storm water 
regulations. In the spirit of Executive Order 13211, which directs EPA 
to consider the impact of its actions on energy-related production 
activities, the Agency believes it is important to review this new 
information in light of the Phase II rule to determine the impact on 
the oil and gas industry. During the proposed two-year postponement of 
this deadline, EPA plans to gather information about the area of land 
disturbed during construction of oil and gas exploration and production 
facilities.
    In evaluating the impact, the Agency will work with states, 
industry, and other entities to gather and evaluate data on the 
development and use of appropriate best management practices for the 
oil and gas industry. As part of today's rulemaking, EPA is seeking 
additional information on size, location and other site characteristics 
to better evaluate compliance costs, as well as technical and cost data 
to evaluate best management practices appropriate to controlling storm 
water runoff from oil and gas starts. EPA will also evaluate the 
applicability of the exemption at 33 U.S.C. 1342(l)(2) to construction 
activity at oil and gas exploration, production, processing, or 
treatment operations or transmission facilities. EPA will use the 
additional data and analyses produced during the two-year period to 
determine the appropriate NPDES requirements, if any, for construction 
of oil and gas exploration and production facilities of one to five 
acres.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
It merely postpones implementation of an existing rule deadline.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information; processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business based 
on SBA size standards; (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; and (3) a small organization 
that is any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic

[[Page 79831]]

impact on a substantial number of small entities. It merely postpones 
the permit authorization deadline for oil and gas construction 
activities that disturb one to five acres.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This rule does not impose any costs. It merely 
postpones the permit authorization deadline for oil and gas 
construction activities that disturb one to five acres. Thus, today's 
proposed rule is not subject to the requirements of sections 202 and 
205 of the UMRA. For the same reason, EPA has determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Thus, today's proposed rule is not 
subject to the requirements of section 203 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. It merely postpones the permit 
authorization deadline for oil and gas construction activities that 
disturb one to five acres. Thus, Executive Order 13132 does not apply 
to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes.''
    This proposed rule does not have Tribal implications. It will not 
have substantial direct effects on Tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. It 
merely postpones the permit authorization deadline for oil and gas 
construction activities that disturb one to five acres. Thus, Executive 
Order 13175 does not apply to this rule.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicits comment on this proposed rule from tribal 
officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This 
regulation is not subject to Executive Order 13045 because it is not 
economically significant as defined under Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it 
is not a significant regulatory action under Executive Order 12866. The 
only effect of this proposed rule would be to delay the permit 
authorization requirement for affected small oil and gas operations by 
two years. As noted above, EPA will use the two-year delay to analyze 
the broader question of whether the imposition of storm water 
permitting requirements on construction of oil and gas facilities of 
one to five acres would result in a significant energy impact, and will 
factor the results of this analysis into its final determination 
regarding

[[Page 79832]]

appropriate requirements for such facilities.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standard bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

List of Subjects in 40 CFR Part 122

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Reporting and 
recordkeeping requirements, Water pollution control.

    Dated: December 24, 2002.
Christine Todd Whitman,
Administrator.
    For the reasons set forth in the preamble, chapter I of title 40 of 
the Code of Federal Regulations is amended as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM

    1. The authority citation for part 122 continues to read as 
follows:

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

    2. Revise Sec.  122.26(e)(8) to read as follows:


Sec.  122.26  Storm water discharges (applicable to State NPDES 
programs, see Sec.  123.25).

* * * * *
    (e) Application deadlines. * * *
    (8) For any storm water discharge associated with small 
construction activity identified in paragraph (b)(15)(i) of this 
section, see Sec.  122.21(c)(1). Discharges from these sources, other 
than discharges associated with small construction activity at oil and 
gas exploration, production, processing, and treatment operations or 
transmission facilities, require permit authorization by March 10, 
2003, unless designated for coverage before then. Discharges associated 
with small construction activity at such oil and gas sites require 
permit authorization by March 10, 2005.

[FR Doc. 02-32984 Filed 12-27-02; 8:45 am]
BILLING CODE 6560-50-P