[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Notices]
[Pages 35408-35409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15009]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7512-6]


Public Notice of Final National Pollutant Discharge Elimination 
System (NPDES) General Permit for Storm Water Discharges From Federal 
Facility Small Municipal Separate Storm Sewer Systems (MS4s) in 
Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of NPDES general permit.

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SUMMARY: Region VIII of EPA is hereby giving notice of its issuance of 
the NPDES general permit for storm water discharges from regulated 
small municipal separate storm sewer systems (MS4s). This general 
permit will apply to federal facilities in urbanized areas (as defined 
by the 2000 U.S. Census) in the State of Colorado that apply for 
coverage under this permit. The federal facilities that EPA currently 
knows to exist in urbanized areas in Colorado, all of which have 
applied for coverage under this permit, include: Fort Carson; the 
General Services Administration's Denver Federal Center; Peterson Air 
Force Base; the U.S. Air Force Academy; the U.S. Department of 
Commerce--National Institute of Standards and Technology, Boulder 
Campus; the U.S. Bureau of Prisons Federal Correctional Institution, 
Englewood; and the Veterans Affairs Medical Center, Denver. Additional 
federal facilities may need to apply for permit coverage at a later 
date if justified by subsequent Census data.
    NPDES permit coverage is required for small MS4s in accordance with 
final EPA regulations for Phase II storm water discharges (64 FR 68722, 
December 8, 1999). Operators of Phase II-designated small MS4s 
(regulated small MS4s) are required to submit a Notice of Intent (NOI) 
to EPA Region VIII to be covered under the general permit. In 
accordance with the general permit, each regulated small MS4 operator 
must develop, implement, and enforce a program designed to reduce the 
discharge of pollutants from its MS4 to the maximum extent practicable 
(MEP) to protect water quality and to satisfy the appropriate water 
quality requirements of the Clean Water Act. The small MS4 program must 
include the following six minimum control measures: Public education 
and outreach; public involvement and participation; illicit discharge 
detection and elimination; construction site runoff control; post-
construction runoff control; and pollution prevention/good 
housekeeping. The permit assumes the use of narrative, rather than 
numeric, effluent limitations achieved through the implementation of 
best management practices (BMPs). Operators must establish BMPs and 
measurable goals for each minimum measure in the permit application. 
However, applicants will have up to five years to fully develop and 
implement their storm water management programs.

------------------------------------------------------------------------
                                                    Areas covered by the
             State                  Permit No.         general permit
------------------------------------------------------------------------
Colorado......................  COR042000........  Federal Facilities in
                                                    the State of
                                                    Colorado, except
                                                    those located in
                                                    Indian Country
------------------------------------------------------------------------


DATES: The general permit becomes effective on June 13, 2003, and will 
expire five years from that date. For appeal purposes, the 120 day time 
period for appeal to the U.S. Federal Courts will begin on June 13, 
2003.

ADDRESSES: The general permit and other related documents in the 
administrative record are on file in the EPA Region VIII NPDES file 
room and may be inspected upon request any time between 8 a.m. and 4 
p.m., Monday through Friday, excluding legal holidays. Requests to view 
these files in the Region VIII NPDES file room should be made to Greg 
Davis (8EPR-EP); U.S. EPA, Region VIII; 999 18th Street, Suite 300; 
Denver, CO 80202-2466, by phone at 303-312-6082, or by E-mail at 
[email protected]. Copies of the general permit and fact sheet may 
also be downloaded from the EPA Region VIII Web site at http://www.epa.gov/region8/water/stormwater/downloads.html.

FOR FURTHER INFORMATION CONTACT: Questions regarding the specific 
permit requirements may be directed to Greg Davis, telephone (303) 312-
6082, or E-mail at [email protected].

SUPPLEMENTARY INFORMATION: EPA Region VIII proposed and solicited 
comments on the general permit at 68 FR 8902 (February 26, 2003). In 
addition, EPA Region VIII sent notices and copies of the draft general 
permit and fact sheet to the seven Federal Facilities designated for 
permit coverage. EPA did not receive any comments on the draft general 
permit. Region VIII is not issuing NPDES General Permits for Storm 
Water Discharges from Small Municipal Separate Storm Sewer Systems 
(MS4s) located in Indian country. No MS4s in Indian country have been 
determined to require small MS4 permit coverage at this time.
    Appeal of Permit: Any interested person may appeal the ``NPDES 
General

[[Page 35409]]

Permit for Storm Water Discharges from Federal Facility Small Municipal 
Separate Storm Sewer Systems (MS4s) in Colorado'' in the appropriate 
federal Circuit Court of Appeals in accordance with section 509(b)(1) 
of the Clean Water Act. This appeal must be filed within 120 days of 
the effective date of the permit. Persons affected by a general NPDES 
permit may not challenge the conditions of the general permit in EPA 
administrative proceedings. Instead, they may either challenge the 
general permit in court or apply for an individual permit (under 40 CFR 
122.21 as authorized in 40 CFR 122.28) and then petition the EPA's 
Environmental Appeals Board (as provided in 40 CFR 124.19).
    Paperwork Reduction Act: This action does not impose any new 
information collection burden. This general permit does not impose any 
information collection requirements beyond those required by EPA 
regulations (40 CFR 122.26, 122.28, 122.30-.37, 122.41, and 122.48). 
However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in these 
regulations under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control number 2040-0211, EPA 
ICR number 1820.03. A copy of each OMB approved Information Collection 
Request (ICR) may be obtained from Susan Auby, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460, (202) 566-1672.
    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.
    Executive Order 12866: Under Executive Order 12866 (58 FR 51735, 
October 4, 1993) an agency must determine whether its regulatory action 
is ``significant'' and therefore subject to OMB review and the 
requirements of Executive Order 12866. This Order defines ``significant 
regulatory action'' as one that is likely to result in a rule that may 
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; create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency; materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients thereof; or raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order. OMB has 
waived review of NPDES general permits under the terms of Executive 
Order 12866.
    Regulatory Flexibility Act (RFA): Issuance of an NPDES general 
permit is not subject to rulemaking requirements, including the 
requirement for a general notice of proposed rulemaking, under 5 U.S.C. 
Section 553 (Administrative Procedure Act) or any other law, and is 
thus not subject to the RFA requirement to prepare a regulatory 
flexibility analysis. The APA defines two broad, mutually exclusive 
categories of agency action--``rules'' and ``orders.'' Its definition 
of ``rule'' encompasses ``an agency statement of general or particular 
applicability and future effect designed to implement, interpret, or 
prescribe law or policy or describing the organization, procedure, or 
practice requirements of an agency * * *'' APA section 551(4). Its 
definition of ``order'' is residual: ``a final disposition * * * of an 
agency in a matter other than rule making but including licensing.'' 
APA section 551(6). The APA defines ``license'' to ``include * * * an 
agency permit * * *'' APA section 551(8). The APA thus categorizes a 
permit as an order, which by the APA's definition is not a rule. 
Section 553 of the APA establishes ``rule making'' requirements. The 
APA defines ``rule making'' as ``the agency process for formulating, 
amending, or repealing a rule.'' APA section 551(5). By its terms, 
then, section 553 applies only to ``rules'' and not also to ``orders,'' 
which include permits.
    Unfunded Mandates Reform Act: Section 201 of the Unfunded Mandates 
Reform Act (UMRA), Public Law 104-4, generally requires Federal 
agencies to assess the effects of their ``regulatory actions'' on 
State, local, and tribal governments and the private sector. UMRA uses 
the term ``regulatory actions'' to refer to regulations. (See, e.g., 
UMRA section 201, ``Each agency shall * * * assess the effects of 
Federal regulatory actions * * * (other than to the extent that such 
regulations incorporate requirements specifically set forth in law).'') 
UMRA section 102 defines ``regulation'' by reference to 2 U.S.C. 658 
which in turn defines ``regulation'' and ``rule'' by reference to 
section 601(2) of the RFA. That section of the RFA defines ``rule'' as 
``any rule for which the agency publishes a notice of proposed 
rulemaking pursuant to section 553(b) of [the APA], or any other law. * 
* *'' As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' under the APA and thus not subject to the APA 
requirement to publish a notice of proposed rulemaking. NPDES general 
permits are also not subject to such a requirement under the CWA. While 
EPA publishes a notice to solicit public comment on draft general 
permits, it does so pursuant to the CWA section 402(a) requirement to 
provide ``an opportunity for a hearing.'' Thus, NPDES general permits 
are not ``rules.''

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

    Dated: May 23, 2003.
Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and Regulatory 
Assistance.
[FR Doc. 03-15009 Filed 6-12-03; 8:45 am]
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