[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39087-39091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16575]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7520-7]


Final National Pollutant Discharge Elimination System (NPDES) 
General Permit for Storm Water Discharges From Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final issuance.

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SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 today are issuing 
EPA's final NPDES general permit for discharges from large and small 
construction activities. Hereinafter, the terms ``permit'' or 
``construction general permit'' or ``CGP'' will replace ``permits.'' 
Today's permit will replace the existing permit covering large 
construction sites in EPA Regions 1, 2, 3, 7, 8, 9 and 10 that expired 
on February 17, 2003 and the permit covering large construction sites 
in EPA Region 6 that expires July 6, 2003. Today's permit covers large 
construction sites in EPA Region 5. In addition, today's permit 
incorporates coverage of small construction activity in EPA Regions 1, 
2, 3, 5, 6, 7, 8, 9, and 10. State Coastal Zone Management Act (CZMA) 
certification was not received from Massachusetts in time for that 
state to be included in this permit. As such, large construction 
activities in Massachusetts covered under the 1998 permit will continue 
to be covered under that permit. Today's permit is similar to the 1998 
permits and will authorize the discharge of pollutants in storm water 
runoff associated with construction activities in accordance with the 
terms and conditions described therein.

DATES: The effective date of this permit is July 1, 2003. The permit 
will expire five years from the effective date.

ADDRESSES: The administrative record is available for inspection and 
copying at the Water Docket, located at the EPA Docket Center in the 
basement of the EPA West Building, Room B-102, at 1301 Constitution 
Ave., NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: For further information on the final 
permit, the permit's Notice of Intent (NOI) or Notice of Termination 
(NOT) requirements, visit EPA's website at http://www.epa.gov/npdes/stormwater/cgp, contact the appropriate EPA Regional Office listed in 
I.B., or contact Jack Faulk, Office of Wastewater Management, Office of 
Water, EPA Headquarters at tel.: (202) 564-0768 or email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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

    1. Permit. Copies of the permit, permit fact sheet, and the 
Response to Comments document may be downloaded from EPA's website at 
http://www.epa.gov/npdes/stormwater/cgp.
    2. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2002-0055. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
The official public docket is the collection of materials that is 
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.
    3. 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 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.

B. Who Are the EPA Regional Contacts for This Permit?

    For EPA Region 1, contact Thelma Murphy at tel.: (617) 918-1615 or 
e-mail at [email protected].
    For EPA Region 2, contact Karen O'Brien at tel.: (212) 637-3717 or 
e-mail at [email protected] or for Puerto Rico, Sergio Bosques at 
tel.: (787) 977-5838 or e-mail at [email protected].
    For EPA Region 3, contact William Toffel at tel.: (215) 814-5706 or 
[email protected].
    For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or e-
mail at [email protected].
    For EPA Region 6, contact Brent Larsen at tel.: (214) 665-7523 or 
e-mail at [email protected].
    For EPA Region 7, contact Mark Matthews at tel.: (913) 551-7635 or 
e-mail at [email protected].
    For EPA Region 8, contact Greg Davis at tel.: (303) 312-6082 or e-
mail at [email protected].
    For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or 
e-mail at [email protected].
    For EPA Region 10, contact Misha Vakoc at tel.: (206) 553-6650 or 
e-mail at [email protected].

II. Background

A. Statutory and Regulatory History

    Section 405 of the Water Quality Act of 1987 (WQA) added section 
402(p) of the Clean Water Act (CWA), which directed EPA to develop a 
phased approach to regulate storm water discharges under the 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 comprehensive manner to cover a wide 
variety of facilities. Construction activities that disturb at least 
five acres of land and have point source discharges to waters of the 
U.S. were included in the definition of ``industrial activity'' 
pursuant to 40 CFR 122.26(b)(14)(x). Phase II of the storm water 
program was published in the Federal Register on December 8, 1999. 
Phase II includes sites disturbing equal to or greater than one acre 
and less than five acres as well as sites less than one acre of total 
land area that are part of a larger common plan of development or sale 
if the larger common plan will ultimately disturb equal to or greater 
than one and less than five acres. Small

[[Page 39088]]

construction activity is defined per 40 CFR 122.26(b)(15)(i).
    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 
focused on 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. Initially, EPA determined that few, if any oil and gas 
exploration sites would be affected by Phase II and impacts on the 
accuracy of Phase II rule cost estimates were unlikely to be 
significant. Therefore, EPA did not include oil and gas exploration 
sites in the Final Draft of the Economic Analysis of the Phase II Final 
Rule. Since rule promulgation, EPA has become aware that close to 
30,000 oil and gas sites may be affected by the Phase II storm water 
regulations.
    On March 10, 2003 (68 FR 11325), EPA postponed the permit 
requirement for small oil and gas small construction activity from 
March 10, 2003, to March 10, 2005. During the two-year postponement, 
EPA plans to 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.

B. Summary of Significant Changes From 1998 Construction General Permit

    This permit replaces the previous Construction General Permits 
which were issued for a five-year term by various EPA Regions in 
February 1998 (63 FR 7858) and July 1998 (63 FR 36490). The 
organization and numbering of today's CGP has been revised slightly 
from the 1998 CGP to more clearly present permittee responsibilities. 
In addition, following is a list of significant changes included in the 
CGP as compared to the February 1998 CGP. These changes are discussed 
in more detail in the CGP fact sheet.
    1. Change in Permit Areas Covered.
    i. Additions.
    a. Indian Country within the States of Michigan, Wisconsin, and 
Minnesota, Louisiana, Oklahoma, New Mexico, and Texas,
    b. State of New Mexico,
    c. Discharges in the State of Oklahoma that are not under the 
authority of the Oklahoma Department of Environmental Quality, 
including activities associated with oil and gas exploration, drilling, 
operations, and pipelines (includes SIC Groups 13 and 46, and SIC Codes 
492 and 5171), and point source discharges associated with agricultural 
production, services, and silviculture (includes SIC Groups 01, 02, 07, 
08, and 09), and
    d. Discharges in the State of Texas that are not under the 
authority of the Texas Commission on Environmental Quality (formerly 
TNRCC), including activities associated with the exploration, 
development, or production of oil or gas or geothermal resources, 
including transportation of crude oil or natural gas by pipeline.
    ii. Deletions.
    a. State of Maine,
    b. Indian Country, including disputed areas, within the State of 
Maine, and
    c. State of Arizona.
    2. Permit coverage modified to include small construction 
activities (those disturbing one to five acres), and to provide waivers 
for small construction for low rainfall erosivity, total maximum daily 
loads (TMDLs), and equivalent analyses.
    3. Uncontaminated excavation dewatering added as an allowable non-
storm water discharge.
    4. Restrictions and documentation requirements added for discharges 
to waters with TMDLs, and procedures included for addressing attainment 
of water quality standards.
    5. State and county Endangered Species Act (ESA) appendix of 
Federally-listed or proposed species removed.
    6. Discharge authorization procedures and NOI submission deadlines 
altered to accommodate new seven-day ESA reviews of NOIs by U.S. Fish & 
Wildlife Service and National Marine Fisheries Service, and to account 
for ongoing projects.
    7. Information required on NOI form modified to require:
    i. Applicable permit number;
    ii. Internal Revenue Service Employer Identification Number;
    iii. Methodology for determining latitude and longitude;
    iv. Name of Indian reservation or affiliated Tribe;
    v. Address of SWPPP location (changed from optional to required);
    vi. Whether the discharge is consistent with the assumptions and 
requirements of applicable EPA approved or established TMDLs; and
    vii. The specific permit tracking number of an operator certifying 
under criterion F.
    8. Language added to support the operator's ability to submit NOIs 
and NOTs using EPA's electronic NOI system when available.
    9. Procedure clarified for operator to delineate on the SWPPP areas 
of the project where no further requirements apply following earth-
disturbing activities and stabilization.
    10. Requirement to provide an estimate of the site's runoff 
coefficient for pre- and post-construction conditions removed.
    11. Documentation requirements for ESA eligibility clarified.
    12. Inspection provisions modified to include option for weekly 
site inspections rather than biweekly inspections with follow-up 
inspections after each rain event, and guidelines included for utility 
line installation, pipeline construction, and other linear construction 
activities.
    13. Further clarification provided concerning stabilization 
requirements for project areas where construction has temporarily 
ceased.
    14. Additional guidance and options provided for adjusting SWPPP to 
address applicable water quality standards after authorization.
    15. Clarification added that coverage under an alternative NPDES 
permit qualifies as a basis for submitting an NOT.
    16. Definitions added for the following terms:
    i. ``Arid Areas'';
    ii. ``Eligible'';
    iii. ``Federal Facility'';
    iv. ``Indian Country'';
    v. ``Large Construction Activity'';
    vi. ``New Project'';
    vii. ``Ongoing Project'';
    viii. ``Permitting Authority'';
    ix. ``Project Area'';
    x. ``Receiving Water'';
    xi. ``Semi-Arid Areas'';
    xii. ``Site'';
    xiii. ``Small Construction Activity'';
    xiv. ``Storm Water Discharge-Related Activity'';
    xv. ``Total Maximum Daily Load'' or ``TMDL''; and
    xvi. ``Wetland''.
    17. Standard conditions revised consistent with 40 CFR 122.41.

C. Summary of Terms and Conditions of Final General Permit

1. Discharges Covered
    Operators of large and small construction activities within the 
areas listed below may be eligible to obtain coverage under this permit 
for allowable storm water and non-storm water discharges:
    Region 1: The State of New Hampshire; Indian Country in the States 
of Rhode Island and Connecticut; and Federal facilities in Vermont. 
(State Coastal Zone Management Act (CZMA) certification was not 
received from Massachusetts in time for that state to be

[[Page 39089]]

included in this permit. As such, large construction activities in 
Massachusetts covered under the 1998 CGP will continue to be covered 
under that permit. EPA will reissue the CGP for Massachusetts for large 
and small construction activities at a later date, and will include any 
state-specific modifications or additions as part of the State's CZMA 
certification process.)
    Region 2: The Commonwealth of Puerto Rico and Indian Country in the 
State of New York.
    Region 3: District of Columbia; and Federal facilities in the State 
of Delaware.
    Region 5: Indian Country in the States of Michigan, Minnesota, and 
Wisconsin, except the Sokaogon Chippewa (Mole Lake) Community.
    Region 6: The State of New Mexico; Indian Country in the States of 
Louisiana, Oklahoma, Texas, and New Mexico (except Navajo Reservation 
Lands (see Region 9) and Ute Mountain Reservation Lands (see Region 
8)); discharges in the State of Oklahoma that are not under the 
authority of the Oklahoma Department of Environmental Quality, 
including activities associated with oil and gas exploration, drilling, 
operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 
492 and 5171), and point source discharges associated with agricultural 
production, services, and silviculture (includes SIC Groups 01, 02, 07, 
08, 09); and discharges in the State of Texas that are not under the 
authority of the Texas Commission on Environmental Quality (formerly 
the Texas Natural Resource Conservation Commission), including 
activities associated with the exploration, development, or production 
of oil or gas or geothermal resources, including transportation of 
crude oil or natural gas by pipeline.
    Region 7: Indian Country in the States of Iowa, Kansas, and 
Nebraska (except Pine Ridge Reservation Lands (see Region 8)).
    Region 8: Federal facilities in Colorado; Indian Country in 
Colorado (as well as the portion of the Ute Mountain Reservation 
located in New Mexico), Montana, North Dakota (as well as that portion 
of the Standing Rock Reservation located in South Dakota and excluding 
the portion of the lands within the former boundaries of the Lake 
Traverse Reservation, which is covered under the permit for areas of 
South Dakota), South Dakota (as well as the portion of the Pine Ridge 
Reservation located in Nebraska and the portion of the lands within the 
former boundaries of the Lake Traverse Reservation located in North 
Dakota and excluding the Standing Rock Reservation which is covered 
under the permit for areas of North Dakota), Utah (except Goshute and 
Navajo Reservation lands (see Region 9)), and Wyoming.
    Region 9: The Islands of American Samoa and Guam, Johnston Atoll, 
Midway/Wake Islands and Commonwealth of the Northern Mariana Islands; 
Indian Country in Arizona (as well as Navajo Reservation lands in New 
Mexico and Utah), California, and Nevada (as well as the Duck Valley 
Reservation in Idaho, the Fort McDermitt Reservation in Oregon, and the 
Goshute Reservation in Utah).
    Region 10: The States of Alaska and Idaho; Indian Country in 
Alaska, Idaho (except Duck Valley Reservation (see Region 9)), 
Washington, and Oregon (except for Fort McDermitt Reservation (see 
Region 9)); and Federal facilities in Washington.
2. Limitations on Coverage
    The final general permit includes a number of eligibility 
restrictions including: post-construction discharges; discharges which 
may adversely affect endangered or threatened species and critical 
habitat; discharges which may cause or contribute to excursions above 
any applicable water quality standards; and discharges that are 
inconsistent with applicable approved TMDLs. Construction operators 
that do not meet the eligibility requirements of the general permit 
will be required to submit an individual permit application or seek 
coverage under any alternate general permit, if available. Eligibility 
restrictions for discharges that adversely affect historic properties 
have been reserved pending ongoing discussions with the Advisory 
Council on Historic Preservation, State Historic Preservation Officers, 
and Tribal Historic Preservation Officers. EPA may modify the permit at 
a later date based on those discussions.
3. Deadlines and Permit Application Process
    To obtain discharge authorization under the final general permit, 
dischargers are required to submit an NOI requesting discharge 
authorization. The NOI must include basic information about the 
construction project (e.g., operator name, site name, and site address) 
and certification that a storm water pollution prevention plan (SWPPP) 
has been prepared for the site describing the best management practices 
that the discharger will implement to control pollutants in the 
discharges in accordance with the requirements of the CWA. NOI due 
dates are as follows:
    i. New Projects: The NOI must be submitted at least seven days 
prior to commencement of construction activities.
    ii. Permitted Ongoing Projects: If the operator previously received 
authorization to discharge for an ongoing project under the 1998 CGP, 
the NOI must be submitted within 90 days of the effective date of this 
permit, unless the permittee is eligible to submit a Notice of 
Termination (NOT) before the 90th day, provided that the NOT is 
submitted in compliance with the permit requirements. Until authorized 
under this permit, the operator must comply with the terms and 
conditions of the 1998 CGP.
    iii. Unpermitted Ongoing Projects: Due to the lack of availability 
of this permit by the March 10, 2003 deadline for small construction 
activities to apply for permit coverage and by the February 17, 2003 
expiration of the 1998 CGP for large construction activities, EPA 
anticipates that a number of otherwise regulated construction projects 
were left without the ability to obtain coverage under a valid general 
permit. EPA's Office of Enforcement and Compliance Assurance issued a 
memorandum on March 7, 2003 making administrative or civil enforcement 
for these activities a low priority because a new CGP had not been 
promulgated, on the condition that affected operators implement an 
interim SWPPP and associated best management practices until the new 
permit is available. For this class of operators, which did not 
previously receive authorization to discharge for an ongoing project 
under the 1998 CGP, the NOI must be submitted within 90 days of the 
effective date of this permit, unless the permittee is eligible to 
submit a Notice of Termination (NOT) before the 90th day. Until 
authorized under this permit, the operator must comply with an interim 
SWPPP consistent with the 1998 CGP.
4. Storm Water Pollution Prevention Plans
    The final general permit requires that all operators covered by the 
permit develop and implement a SWPPP. The SWPPP is the principal means 
through which dischargers comply with the CWA's requirement to control 
pollutants in their discharges. All SWPPPs are required to be developed 
in accordance with sound engineering practices and developed specific 
to the site. These SWPPPs are required to be prepared prior to 
commencement of construction activities and then updated as 
appropriate. Specific elements to be addressed in the SWPPP include:

[[Page 39090]]

    i. Pollution Prevention Plan Contents: Site and Activity 
Description,
    ii. Pollution Prevention Plan Contents: Controls to Reduce 
Pollutants,
    iii. Non Storm Water Discharge Management,
    iv. Maintenance of Controls,
    v. Documentation of Permit Eligibility Related to Endangered 
Species,
    vi. Copy of Permit Requirements,
    vii. Applicable State, Tribal, or Local Programs,
    viii. Inspections,
    ix. Maintaining an Updated Plan,
    x. Signature, Plan Review and Making Plans Available,
    xi. Management Practices, and
    xii. Documentation of Permit Eligibility Related to Total Maximum 
Daily Loads.
5. Permit Appeal Procedures
    Within 120 days following notice of EPA's final decision for the 
general permit under 40 CFR 124.15, any interested person may appeal 
the permit in the Federal Court of Appeals in accordance with Section 
509(b)(1) of the CWA. Persons affected by a general permit may not 
challenge the conditions of a general permit as a right in further 
Agency proceedings. They may instead either challenge the general 
permit in court, or apply for an individual permit as specified at 40 
CFR 122.21 (and authorized at 40 CFR 122.28), and then petition the 
Environmental Appeals Board to review any conditions of the individual 
permit (40 CFR 124.19 as modified on May 15, 2000, 65 FR 30886).

III. Executive Order 12866

    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. OMB has exempted 
review of NPDES general permits under the terms of Executive Order 
12866.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rule-making requirements under the Administrative 
Procedures 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.
    Issuance of an NPDES general permit is not subject to rulemaking 
requirements, under APA section 553 or any other law, and is thus not 
subject to the RFA requirements. 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) (emphasis added). 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.

V. 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. 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)'' (emphasis added)). 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 Regulatory Flexibility Act (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 
Administrative Procedure Act (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'' for RFA or UMRA purposes.

VI. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the final construction general permit under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements of the construction general permit for large 
construction activities have already been approved by the Office of 
Management and Budget (OMB) (OMB Control No. 2040-0188) in previous 
submissions made for the NPDES permit program under the provisions of 
the Clean Water Act. Information collection requirements of the 
construction general permit for small construction activities were 
submitted to OMB (OMB Control No. 2040-0211) for review and approval 
and will be published in a separate Federal Register Notice.

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

Dated: June 24, 2003.

Linda M. Murphy,
Director, Office of Ecosystem Protection, Region 1.

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

Dated: June 23, 2003.

Kevin Bricke,
Acting Director, Division of Environmental Planning and Protection, 
Region 2.

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

Dated: June 20, 2003.

Carlos E. O'Neill,
Acting Division Director, Caribbean Environmental Protection 
Division, Region 2.

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

Dated: June 23, 2003.

Jon M. Capacasa,

[[Page 39091]]

Director, Water Protection Division, Region 3.

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

Dated: June 23, 2003.

Rebecca L. Harrvey,
Chief, NPDES Programs Branch, Region 5.

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

Dated: June 20, 2003.

Miguel I. Flores,
Director, Water Quality Protection Division, Region 6.

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

Dated: June 23, 2003.

Leo J. Alderman,
Director, Water, Wetlands, and Pesticides Division, Region 7.

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

Dated: June 23, 2003.

Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance, Region 8.

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

Dated: June 20, 2003.

Nancy Woo,
Acting Director, Water Division, Region 9.

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

Dated: June 23, 2003.

Randall F. Smith,
Director, Office of Water, Region 10.
[FR Doc. 03-16575 Filed 6-26-03; 2:11 pm]
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