[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Proposed Rules]
[Pages 1558-1560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 123

[FRL-7608-5]


National Pollutant Discharge Elimination System (NPDES) Permit 
Requirements for Municipal Wastewater Treatment Discharges During Wet 
Weather Conditions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period.

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SUMMARY: On November 7, 2003, EPA published for public comment a 
proposed policy regarding NPDES permit requirements for treatment 
plants in publicly owned treatment works (POTWs) under peak wet weather 
flow conditions. The original comment period was to expire on January 
9, 2004; today's action extends the comment period to February 9, 2004.

DATES: Written comments on this proposed policy must be received by EPA 
or postmarked by February 9, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: If you have questions, contact Kevin 
Weiss (e-mail at [email protected] or phone at (202) 564-0742) at 
Office of Wastewater Management, United States Environmental Protection 
Agency, (Mailcode 4203M), 1200 Pennsylvania Avenue, NW., Washington, DC 
20460.

SUPPLEMENTARY INFORMATION:

I. General Information

    This document extends the public comment period established in the 
Federal Register issued on November 7, 2003 (68 FR 63043). In that 
document, EPA requested comment on a proposed policy regarding NPDES 
permit requirements for treatment plants in publicly owned treatment 
works (POTWs) under peak wet weather flow conditions. EPA is extending 
the comment period, which was set to end on January 9, 2004 to February 
9, 2004.

A. 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-2003-0025. The official public docket consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. 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. You may copy 266 pages per day free of charge. Beginning with 
page 267, you will be charged $0.15 per page plus an administrative fee 
of $25.00.
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. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic 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.A.1. EPA intends to work 
toward providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    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

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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.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102 (May 31, 2002).

B. 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. Late comments may be 
considered if time permits.
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. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OW-
2003-0025. 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-2003-0025. 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.B.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 an 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-2003-0025.
3. By Hand Delivery or Courier
    Deliver your comments to: EPA Docket Center, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. 
OW-2003-0025. Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in section I.A.1.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
should send information that you consider to be CBI in one of two ways: 
(1) By U.S. Mail to: Kevin Weiss, Office of Wastewater Management, U.S. 
Environmental Protection Agency (Mailcode 4203M), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460--Attention Docket ID No. OW-2003-0025; 
or (2) By courier or delivery to: Kevin Weiss, Office of Wastewater 
Management, U.S. Environmental Protection Agency, EPA East Building 
(Room 7334), 1301 Constitution Ave., NW., Washington, DC 20004--
Attention Docket ID No. OW-2003-0025. You may claim information that 
you submit to EPA as CBI by marking any part or all of that information 
as CBI (if you submit CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM as CBI and then identify electronically within the disk 
or CD ROM the specific information that is CBI). Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

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

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would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

    Dated: January 6, 2004.
Benjamin H. Grumbles,
Acting Assistant Administrator, Office of Water.
[FR Doc. 04-553 Filed 1-8-04; 8:45 am]
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