[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59672-59677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23660]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2012-0803; FRL-9901-52-OW]
Draft National Pollutant Discharge Elimination System (NPDES)
General Permit for Stormwater Discharges From Industrial Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA's Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 are today
proposing for public comment the draft 2013 National Pollutant
Discharge Elimination System (NPDES) general permit for stormwater
discharges from industrial activity, also referred to as the Multi-
Sector General Permit (MSGP). This draft permit, once finalized, will
replace the existing permit covering stormwater discharges from
industrial facilities in EPA's Regions 1, 2, 3, 5, 6, 9, and 10 that
will expire September 29, 2013, and will provide coverage for
industrial facilities in areas where EPA is the NPDES permitting
authority in EPA's Regions 7 and 8. This draft permit is similar to the
existing permit and will authorize the discharge of stormwater in
accordance with the terms and conditions described therein. EPA
proposes to issue this permit for five (5) years. EPA seeks comment on
the draft permit and on the accompanying fact sheet.
DATES: Comments on the draft general permit must be received on or
before November 26, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2012-0803, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. Email: [email protected]
3. Mail to: Water Docket, U.S. Environmental Protection Agency, EPA
Docket Center, Attention: Docket ID No. EPA-HQ-OW-2012-0803, Mail Code:
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2012-
0803. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit
[[Page 59673]]
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. 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. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hardcopy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at a docket facility. The Office
of Water (OW) Docket Center is open from 8:30 until 4:30 p.m., Monday
through Friday, excluding legal holidays. The OW Docket Center
telephone number is (202) 566-2426, and the Docket address is OW
Docket, WJC West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. The 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.
FOR FURTHER INFORMATION CONTACT: For further information on the draft
NPDES general permit, contact the appropriate EPA Regional office
listed in Section I.F of this notice, or Bryan Rittenhouse, EPA
Headquarters, Office of Water, Office of Wastewater Management at tel.:
202-564-0577 or email: [email protected].
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of these documents and other related
information?
C. What should I consider as I prepare my comments for EPA?
D. Will public hearings be held on this action?
E. What process will EPA follow to finalize the permit?
F. Who are the EPA regional contacts for this permit?
II. Background of Permit
III. Scope and Applicability of the Multi-Sector General Permit
A. Geographic Coverage
B. Categories of Facilities Covered
C. Summary of Significant Proposed Changes From the 2008 Multi-
Sector General Permit
IV. Executive Orders 12866 and 13563
V. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
VI. Analysis of Economic Impacts
I. General Information
A. Does this action apply to me?
This draft MSGP regulates stormwater discharges from industrial
facilities in the 30 sectors shown below:
Sector A--Timber Products.
Sector B--Paper and Allied Products Manufacturing.
Sector C--Chemical and Allied Products Manufacturing.
Sector D--Asphalt Paving and Roofing Materials Manufactures and
Lubricant Manufacturers.
Sector E--Glass, Clay, Cement, Concrete, and Gypsum Product
Manufacturing.
Sector F--Primary Metals.
Sector G--Metal Mining (Ore Mining and Dressing).
Sector H--Coal Mines and Coal Mining-Related Facilities.
Sector I--Oil and Gas Extraction and Refining.
Sector J--Mineral Mining and Dressing.
Sector K--Hazardous Waste Treatment Storage or Disposal.
Sector L--Landfills and Land Application Sites.
Sector M--Automobile Salvage Yards.
Sector N--Scrap Recycling Facilities.
Sector O--Steam Electric Generating Facilities.
Sector P--Land Transportation.
Sector Q--Water Transportation.
Sector R--Ship and Boat Building or Repairing Yards.
Sector S--Air Transportation Facilities.
Sector T--Treatment Works.
Sector U--Food and Kindred Products.
Sector V--Textile Mills, Apparel, and other Fabric Products
Manufacturing.
Sector W--Furniture and Fixtures.
Sector X--Printing and Publishing.
Sector Y--Rubber, Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries.
Sector Z--Leather Tanning and Finishing.
Sector AA--Fabricated Metal Products.
Sector AB--Transportation Equipment, Industrial or Commercial
Machinery.
Sector AC--Electronic, Electrical, Photographic and Optical
Goods.
Sector AD--Reserved for Facilities Not Covered Under Other
Sectors and Designated by the Director.
Coverage under this draft MSGP is available to operators of
eligible facilities located in areas where EPA is the permitting
authority and has made this general permit available for use. A list of
eligible areas is included in Appendix C of the draft MSGP. Eligibility
for coverage is limited to new dischargers and existing dischargers, as
defined in Appendix A of the draft permit, and new owner/operators of
an existing discharger. EPA notes that coverage is also available to
facilities that have commenced discharging prior to the date this
permit issued, but were not covered under the 2008 MSGP or another
NPDES permit.
B. How can I get copies of these documents and other related
information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OW-2012-0803. 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) WJC West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460.
Although all documents in the docket are listed in an index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available in hard
copy at the EPA Docket Center Public Reading Room, 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 United States government on-line source for
Federal regulations at http://www.regulations.gov. Electronic versions
of this final permit and fact sheet are available on EPA's NPDES Web
site at http://www.epa.gov/npdes/stormwater/msgp.
An electronic version of the public docket is available through the
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov 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. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets. 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.
[[Page 59674]]
C. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark all of the information that you
claim to be CBI. For CBI information on computer disks mailed to EPA,
mark the surface of the disk as CBI. Also identify electronically the
specific information contained in the disk or that you claim is CBI. In
addition to one complete version of the specific information claimed as
CBI, you must submit a copy that does not contain the information
claimed as CBI for inclusion in the public document. Information marked
as CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
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.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify this permit by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
Where possible, respond to specific questions or organize
comments by referencing a section or part of the permit.
Explain why you agree or disagree, suggest alternatives,
and suggest substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
To ensure that EPA can read, understand, and therefore
properly respond to comments, the Agency would prefer that commenters
cite, where possible, the paragraph(s) or section in the fact sheet or
permit to which each comment refers.
Make sure to submit your comments by the comment period
deadline identified.
D. Will public hearings be held on this action?
EPA has not scheduled any public hearings to receive public comment
concerning the draft permit. All persons will continue to have the
right to provide written comments during the public comment period.
However, interested persons may request a public hearing pursuant to 40
CFR 124.12 concerning the draft permit. Requests for a public hearing
must be sent or delivered in writing to the same address as provided
above for public comments prior to the close of the comment period.
Requests for a public hearing must state the nature of the issues
proposed to be raised in the hearing. Pursuant to 40 CFR 124.12, EPA
shall hold a public hearing if it finds, on the basis of requests, a
significant degree of public interest in a public hearing on the draft
permit. If EPA decides to hold a public hearing, a public notice of the
date, time and place of the hearing will be made at least 30 days prior
to the hearing. Any person may provide written or oral statements and
data pertaining to the draft permit at the public hearing.
E. What process will EPA follow to finalize the permit?
After the close of the public comment period, EPA intends to issue
a final permit to replace the current 2008 MSGP, which expires
September 29, 2013. This permit will not be issued until all
significant comments have been considered and appropriate changes made
to the permit. EPA's responses to public comments received will be
included in the docket as part of the final permit issuance. Once the
final permit becomes effective, eligible operators of industrial
facilities may seek authorization under the new MSGP. Any industrial
facility operator obtaining permit coverage prior to the expiration
date of the 2008 MSGP will automatically remain covered under that
permit until the earliest of:
The operator is authorized for coverage under a reissued
permit or a replacement version of the permit following the timely
submittal of a complete and accurate NOI requesting coverage under the
new permit; or
The operator submits a Notice of Termination; or
EPA issues an individual permit for the facility's
stormwater discharges; or
EPA formally decides not to reissue the general permit, at
which time EPA will identify a reasonable time period for covered
dischargers to seek coverage under an alternative general permit or an
individual permit. Coverage under the permit will cease at the end of
this time period.
F. Who are the EPA regional contacts for this final permit?
For EPA Region 1, contact David Gray at tel.: (617) 918-1577 or
email at [email protected].
For EPA Region 2, contact Sergio Bosques at tel.: (787) 977-5838 or
email at [email protected].
For EPA Region 3, contact Kaitlyn Bendik at tel.: 215-814-2709 or
email at [email protected].
For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or
email at [email protected].
For EPA Region 6, contact Nelly Smith at tel.: (214) 665-7109 or
email at [email protected].
For EPA Region 7, contact Mark Matthews at tel.: 913-551-7635 or
email at [email protected].
For EPA Region 8, contact Gregory Davis at tel.: (303) 312-6314 or
email at [email protected].
For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or
email at [email protected].
For EPA Region 10, contact Margaret McCauley at tel.: (206) 553-
1772 or email at [email protected].
II. Background
Section 405 of the Water Quality Act of 1987 (WQA) added section
402(p) of the Clean Water Act (CWA), which directed the Environmental
Protection Agency (EPA) to develop a phased approach to regulate
stormwater discharges under the National Pollutant Discharge
Elimination System (NPDES) program. EPA published a final regulation on
the first phase on this program on November 16, 1990, establishing
permit application requirements for ``stormwater
[[Page 59675]]
discharges associated with industrial activity.'' See 55 FR 48063. EPA
defined the term ``stormwater discharge associated with industrial
activity'' in a comprehensive manner to cover a wide variety of
facilities. See 40 CFR 122.26(b)(14). EPA proposes to issue the MSGP
under this statutory and regulatory authority. This draft permit, once
finalized, will replace the existing permit covering stormwater
discharges from industrial facilities in EPA's Regions 1, 2, 3, 5, 6, 9
and 10 that will expire September 29, 2013, and will provide coverage
for industrial facilities in areas where EPA is the NPDES permitting
authority in EPA's Regions 7 and 8.
III. Scope and Applicability of the Multi-Sector General Permit
A. Geographic Coverage
This draft permit provides coverage for sectors of industrial point
source discharges that occur in areas not covered by an approved state
NPDES program. The geographic coverage of this permit is listed in
Appendix C of the permit. EPA notes that, unlike the 2008 MSGP,
facilities located in EPA Regions 7 and 8 will be covered by the
permit.
B. Categories of Facilities Covered
This permit regulates stormwater discharges from industrial
facilities in 30 sectors, as shown above in section I.A.
C. Summary of Significant Proposed Changes From the 2008 Multi-Sector
General Permit
The proposed MSGP, once finalized, will replace the 2008 MSGP,
which was issued for a five-year term on September 29, 2008 (see 73 FR
56572). The draft permit is similar to the existing permit, and is
structured in nine (9) parts: General requirements that apply to all
facilities (e.g., eligibility of discharges, effluent limitations,
stormwater pollution prevention plan (SWPPP) requirements, monitoring
and reporting requirements) (Parts 1-7), industrial sector-specific
conditions (Part 8), and specific requirements applicable to facilities
within individual states or Indian Country (Part 9). Additionally, the
appendices provide draft forms for the Notice of Intent (NOI), the
Notice of Termination (NOT), the Conditional No Exposure Exclusion,
Discharge Monitoring Report (DMR), and the annual report, as well as
step-by-step procedures for determining eligibility with respect to
protecting historic properties and endangered species, and for
calculating site-specific, hardness-dependent benchmarks.
This draft MSGP includes several new or modified requirements from
the 2008 MSGP. These proposed changes are summarized below and are
discussed in more detail in the draft MSGP fact sheet.
1. NEPA Review for Dischargers Subject to any New Source
Performance Standards (NSPS). Previous versions of the MSGP required
those facilities constructed after the promulgation of their industry's
New Source Performance Standards (NSPS) to determine and document in
their SWPPP either ``No Significant Impact'' under the National
Environmental Policy Act (NEPA), or to complete an Environmental Impact
Statement in accordance with an environmental review conducted by EPA.
For the 2013 MSGP, EPA plans to prepare an Environmental Assessment
(EA) to analyze the potential environmental impacts of the permit. The
EA will consider the potential environmental impacts from the discharge
of pollutants in stormwater discharges from new sources associated with
industrial facilities where EPA is the permitting authority to
determine whether to prepare an Environmental Impact Statement (EIS).
Therefore, under the proposed 2013 MSGP, industrial discharges subject
to NSPS do not have to independently make such a determination.
2. Electronic Reporting. The draft MSGP requires that all NOIs,
NOTs, annual reports, Discharge Monitoring Reports (DMRs), and certain
other reporting information be submitted electronically, unless the
operator has received one of the following waivers from the EPA
Regional office: (1) The operator's headquarters is physically located
in a geographic area (i.e., zip code or census tract) that is
identified as under-served for broadband Internet access in the most
recent report from the Federal Communications Commission; or (2) the
industrial owner/operator has limitations regarding available computer
access or computer capability. An operator who wishes to use paper
submittals must contact the appropriate EPA Region to obtain a waiver
from submitting reports electronically. Waivers are only granted for a
one-time use for a single information submittal, i.e., an initial
waiver does not apply for the entire term of the permit. If information
needs to submit information on paper after the first waiver, the
operator must apply for a new waiver.
3. Allowable Non-Stormwater Discharges. Previous MSGP versions
authorized any washwater to be discharged as long as there were no
detergents or toxic/hazardous spill material present in the discharge.
In addition to detergents, hazardous cleaning products have been
specifically prohibited from being discharged under the 2013 MSGP. The
2013 draft permit also prohibits the discharge of wash waters that have
come into contact with oil and grease deposits or any other toxic or
hazardous materials, unless the deposits have been cleaned up using dry
clean-up methods. Additionally, because the act of washing (especially
power washing) by its very nature tends to mobilize particulates and
other potential pollutants present on pavement, specific effluent
limits have been included to ensure particulates and other potential
pollutants mobilized by pavement washing are controlled via treatment
controls before they are discharged, unless the pavement wash waters
were treated by the control measures in Part 2.1.2.
4. Endangered Species Requirements. The draft 2013 MSGP
incorporates changes to the procedures operators are required follow to
establish their eligibility with regard to protection of threatened and
endangered species and critical habitat (Appendix E and Part 1.1.4.5)
as a result of EPA's consultation under Section 7 of the Endangered
Species Act. These changes are to better ensure that the criteria
chosen are adequately protective of threatened and endangered species
and their critical habitats and consistent with the Endangered Species
Act. Using the same decision making process to determine the operator's
eligibility criteria when threatened and endangered species are in
proximity to the industrial facility (i.e., its ``action area), EPA is
now requiring the process be documented by filling out and submitting a
worksheet. Because the criteria and the procedures operators are
required to follow in making their eligibility determination in
Appendix E have changed, all operators seeking coverage under the 2013
MSGP must make their Part 1.1.4.5 eligibility determination in
accordance with the requirements in the new permit (i.e., operators
cannot check the same criteria they selected in the 2008 MSGP without
following the procedures in Appendix E).
5. Historic Properties Preservation. The procedures for determining
operator eligibility regarding historic properties were also revised in
the draft 2013 MSGP Appendix F as a result of EPA's consultation under
Section 106 of the National Historic Preservation Act. EPA has included
a more detailed set of steps to help operators more conclusively
determine whether historic
[[Page 59676]]
properties are within the industrial facility's ``area of potential
effect''. This may include greater interaction with knowledgeable
sources such as state or tribal historic preservation authorities or a
qualified consultant in the historical or archeological fields. The
eligibility criteria were also slightly revised for the proposal. All
operators seeking coverage under the 2013 MSGP must make their Part
1.1.4.6 eligibility determination in accordance with the requirements
in the new permit (i.e., operators cannot check the same criteria they
selected in the 2008 MSGP without following the procedures in Appendix
F).
6. SWPPP and Its Availability. To provide greater access to the
SWPPP to the public and other stakeholders, the draft MSGP requires
that permittees either provide a uniform resource locator (URL) for the
SWPPP on the NOI form, or provide selected information from the SWPPP
on the NOI form. The information from the SWPPP that would have to be
added to the NOI includes: A description of onsite industrial
activities exposed to stormwater, including potential spill and leak
areas; the pollutants associated with each industrial activity exposed
to stormwater and/or authorized non-stormwater; a description of
control measures employed to comply with the non-numeric technology-
based effluent limits in Part 2.1.2 and Part 8, and any other measures
taken to comply with the requirements in Part 2.2; and a schedule for
good housekeeping and maintenance and schedule for all inspections
required in Part 4. EPA has also identified certain effluent limit
requirements that can be copied verbatim into the SWPPP without
providing additional documentation because they do not involve the
site-specific selection of a control measure or are specific activity
requirements.
7. Effluent Limit Clarifications. Several of the effluent limits in
Part 2 of the draft MSGP include a greater level of specificity in
order to make the requirements more clearly articulated, transparent,
and enforceable. EPA believes that these clarifications will help
permittees to better understand how to comply with the effluent limits.
The effluent limits in Part 2 for which EPA has made clarifications
include requirements for minimizing exposure, good housekeeping,
maintenance, spill prevention and response procedures, and employee
training.
8. Corrective Action. The draft MSGP includes additional
specificity with regard to what is considered to be an adequate
corrective action. The corrective action deadlines in the proposed MSGP
are similar to the corresponding deadlines in Part 3.3 of the 2008
MSGP, but have been modified to further specify what actions must be
taken by the deadlines. The draft permit now requires that corrective
action steps be taken immediately (i.e., on the same day the condition
was found) in order to ensure that pollutant discharges are minimized
and that a permanent solution is implemented expeditiously. The draft
MSGP also requires that subsequent action must be taken to install a
new or modified control and make operational, or complete the repair,
before the next storm event if possible, and within 14 calendar days
from the discovery of the condition.
9. Annual Reports and Routine Inspections. Annual reporting in the
draft MSGP has been changed to submitting a summary of the past year's
routine facility inspections and quarterly visual assessments of
discharges, instead of a summary of the results of the single
comprehensive site assessment, as required in the previous permit. EPA
has eliminated the comprehensive site assessment requirement and
instead will rely on the four required routine facility inspections,
which are similar to the comprehensive site assessment requirements in
the 2008 MSGP. Corrective action reporting in the draft permit remains
unchanged from the 2008 MSGP.
10. Benchmark Values for Saline Waters. The draft MSGP has included
additional non-hardness dependent metals benchmarks for facilities that
discharge into saline waters. The addition of these benchmarks was
necessary to provide an appropriate indicator of the performance of the
measures undertaken to meet the effluent limitations contained in the
permit where stormwater is discharged into saline waters. Benchmark
values in the 2008 MSGP for these metals were based on acute or chronic
aquatic life freshwater criteria. These additional saline benchmark
values are based on available acute ambient water quality criteria for
arsenic, cadmium, copper, cyanide, lead, mercury, nickel, selenium,
silver and zinc.
11. Industry Sector-specific Requirements. The draft MSGP includes
changes to the several of the sector-specific requirements in Part 8 as
summarized below.
Sector G, Metal Mining; Sector H, Coal Mining; and Sector
J, Mineral Mining and Dressing--Consistent with the 2008 MSGP, the
draft 2013 MSGP enables operators for these sectors to include coverage
for construction and exploration activities under this permit, instead
of being separately covered under the Construction General Permit
(CGP). The draft MSGP includes updated sector-specific requirements for
these sectors that are consistent with the reissued 2012 CGP.
Sector S, Air Transportation--The draft MSGP includes
added sector-specific requirements for Sector S that are based on the
final Effluent Limitation Guidelines (ELG) for airplane and airport
deicing operations.
12. Discharges to a CERCLA Site. The draft MSGP makes facilities
discharging to CERCLA sites as defined in Appendix A and listed in
Appendix P ineligible for coverage under the permit unless the
applicable EPA Regional Office is first notified and has determined
that the facility is eligible for permit coverage. In determining
eligibility for coverage, the EPA Regional Office may evaluate whether
the facility has included appropriate controls and implementation
procedures designed to ensure that the discharge will not lead to
recontamination of aquatic media at the CERCLA Site.
EPA has also included in the fact sheet a request for comment on
potential permit requirements for certain toxic pollutants in
industrial stormwater discharges. EPA is concerned that current 2008
and draft 2013 Multi-Sector General Permit requirements may not
adequately prevent certain, particularly problematic toxic pollutants
in stormwater discharges from causing sediment contamination and
recontamination of Superfund cleanup sites and/or presenting an
imminent and substantial endangerment to human health or welfare or the
environment. One approach under consideration is to identify and list
in the permit certain toxic pollutants of concern that are especially
problematic and to make ineligible under the MSGP any discharge of
these pollutants above the detection limit. The industrial operator
would have to either eliminate such discharges or apply for an
individual permit. EPA requests comment on this approach where highly
toxic pollutants in stormwater discharges are linked to sediment
contamination that may recontaminate or over time create future
Superfund sites or that present or may present an imminent and
substantial endangerment to human health, or welfare, or the
environment. EPA also solicits comment on what criteria should be used
to identify the toxic pollutants that would be subject to such a
provision. Additionally, EPA solicits comments on alternative
approaches to address this problem.
[[Page 59677]]
IV. Executive Orders 12866 and 13563
Under Executive Order (EO) 12866 (58 FR 51735 (October 4, 1993))
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under Executive Orders 12866 and 13563 and any changes made in
response to OMB recommendations have been documented in the docket for
this action.
V. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
In compliance with Executive Order 13175, EPA has consulted with
tribal officials to gain an understanding of and, where necessary, to
address tribal implications of the draft MSGP. In the course of this
consultation, EPA undertook the following activities:
December 11, 2012--EPA presented an overview of the
current MSGP and potential changes in the draft 2013 MSGP to the
National Tribal Caucus.
December 12, 2012--EPA presented an overview of the
current MSGP and potential changes in the draft 2013 MSGP to the
National Tribal Water Council.
December 12, 2012--EPA mailed out notification letters out
to Tribal Leaders initiating consultation and coordination on the
renewal of the MSGP. The initiation letter was posted on the tribal
portal Web site at http://www.epa.gov/tribal/consultation.
January 15, 2013--EPA held an informational teleconference
open to all tribal representatives, and reserved the last part of the
teleconference for official consultation comments. EPA also invited
tribes to submit written comments on the permit renewal. The
presentation was posted on the tribal portal Web site at http://www.epa.gov/tribal/consultation.
EPA also encourages tribes to participate in the public review
process by submitting comments through regulations.gov.
VI. Analysis of Economic Impacts
EPA expects the economic impact on entities covered under this
permit, including small businesses, to be minimal. A copy of EPA's
economic analysis, titled, ``Cost Impact Analysis for the Multi-Sector
General Permit (MSGP)'' is available in the docket for this permit. The
economic impact analysis indicates that while there will be some
incremental increase in the costs of complying with the new permit,
these costs will not have a significant economic impact on a
substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: September 17, 2013.
Michael Kenyon,
Acting Deputy Regional Administrator, EPA Region 1.
Dated: September 17, 2013.
Jose C. Font,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Dated: September 17, 2013.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.
Dated: September 17, 2013.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
Dated: September 16, 2013.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
Dated: September 16, 2013.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides Division, EPA Region 7.
Dated: September 16, 2013.
Derrith R. Watchman-Moore,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance, EPA Region 8.
Dated: September 13, 2013.
John Kemmerer,
Acting Director, Water Division, EPA Region 9.
Dated: September 17, 2013.
Daniel D. Opalski,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2013-23660 Filed 9-26-13; 8:45 am]
BILLING CODE 6560-50-P