[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6289-6290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2817]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7620-5]


Region III Water Protection Division; Revision to Delaware's 
NPDES Program; State of Delaware's Submittal 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 State of Delaware has submitted to EPA for review and 
approval revisions to the regulations implementing the State's National 
Pollutant Discharge Elimination System (NPDES) program, which was 
approved by EPA pursuant to section 402 of the Clean Water Act (CWA). 
The State has made significant revisions to sections 1 through 8 and 
sections 10 through 14 of its Department of Natural Resources and 
Environmental Control's (DNREC) March 15, 1974 Regulations Governing 
the Control of Water Pollution, and EPA has determined that the DNREC's 
Revision constitutes a substantial revision to Delaware's authorized 
NPDES program. Accordingly, EPA requests public comment and is 
providing notice of an opportunity to request a public hearing on the 
submitted regulations. EPA seeks public comments on whether to approve 
or disapprove the revisions to Delaware'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 Delaware Regulation 
Revisions are available for public inspection as indicated in the 
ADDRESSES section.

[[Page 6290]]


DATES: Comments and/or requests for public hearing must be received 
before March 26, 2004.

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 of 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 waters 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 April 1, 1974, Delaware was authorized by EPA to administer the 
NPDES program; the State also received the authority to administer the 
General Permits program on October 23, 1992.
    EPA has issued a regulation at 40 CFR part 123 that establishes the 
requirements for NPDES State Programs. Section 123.62 establishes 
procedures for revision of authorized NPDES State Programs. Pursuant to 
Sec. 123.62(a), a State may initiate a program revision and must keep 
EPA informed of proposed modifications to its regulatory authority. On 
July 28, 2003, the State of Delaware submitted its regulation revisions 
for formal review by EPA. Pursuant to 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 determined that the State submittal was complete on 
November 19, 2003, with the submission of a statement from the State's 
Attorney General's office which certified that the regulations were 
duly adopted pursuant to State law. 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 Delaware 
Regulation Revision, which is described below, constitutes a 
substantial revision to Delaware'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 Delaware Regulation Revision includes amendments to sections 1 
through 8 and sections 10 through 14 of the DNREC's Regulations 
Governing the Control of Water Pollution. The majority of the 
amendments focus on DNREC's issuance and administration of NPDES 
permits in the State of Delaware. In addition, DNREC updated its 
regulations for the construction and operation of wastewater/pollution 
control facilities and adopted regulations that formalize a periodic 
assessment of municipal treatment plant performance and infrastructure 
needs. Regulations were also adopted to address administrative 
procedures for evaluating and issuing a State certification that an 
activity will be conducted in such a manner that won't violate the 
applicable surface water quality criteria or standards, as required by 
Federal law. Delaware also included a number of water quality-based 
requirements, including the determination of Total Maximum Daily Loads 
(TMDLs), allowances for intake credits, and consideration for erosion 
and corrosion from facilities' piping.
    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 Delaware Regulation Revision as a revision to 
the Delaware 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 Delaware 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 March 26, 2004, 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 questions 
on this matter should be addressed to Evelyn MacKnight at the above 
address or telephone number.

    Dated: February 4, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-2817 Filed 2-9-04; 8:45 am]
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