Proposed National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Industrial Activities, 72116-72120 [E5-6721]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Notices]
[Pages 72116-72120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6721]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8004-5]


Proposed National Pollutant Discharge Elimination System (NPDES) 
General Permit for Stormwater Discharges From Industrial Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability for comment.

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SUMMARY: EPA Regions 1, 2, 3, 5, 6, 9, and 10 today are proposing EPA's 
NPDES general permit for stormwater discharges from industrial 
activity, also referred to as the Multi-Sector General Permit (MSGP). 
Today's proposed permit will replace the existing permit covering 
industrial sites in EPA Regions 1, 2, 3, 5, 6, 8, 9 and 10 that expired 
on October 30, 2005. Today's proposed permit is similar to the existing 
permit and will authorize the discharge of stormwater associated with 
industrial activities in accordance with the terms and conditions 
described therein. EPA seeks comment on the proposed permit and on the 
accompanying fact sheet.

DATES: Comments on the proposed general permit must be postmarked by 
January 16, 2006.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Send written comments to: Follow the 
detailed instructions as provided in Section I.B.

FOR FURTHER INFORMATION CONTACT: For further information on the 
proposed NPDES general permit, contact the appropriate EPA Regional 
Office listed in Section I.F, or contact Jenny Molloy, EPA 
Headquarters, Office of Water, Office of Wastewater Management at tel.: 
202-564-1939 or e-mail: molloy.jennifer@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

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-2005-0007. 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. Although all documents in 
the docket are listed in an index, some information is not publicly 
available,

[[Page 72117]]

i.e, 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 EPA Internet under the ``Federal 
Register'' listings at https://www.epa.gov/fedrgstr/.
    Electronic versions of the proposed permit and fact sheet are 
available at EPA's stormwater Web site https://www.epa.gov/npdes/
stormwater.
    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 https://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 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. 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.
    Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark all of the information that you 
claim to be CBI. For CBI information on computer discs mailed to EPA, 
mark the surface of the disc as CBI. Also identify electronically the 
specific information contained in the disc 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 so 
marked 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.

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. 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 sections in the 
fact sheet or permit to which each comment refers. 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.
    EPA seeks comment on the proposed permit and on the accompanying 
fact sheet.
    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 https://www.epa.gov/
edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search'', and then key in Docket ID No. 
OW-2005-0007. 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 ow-
docket@epa.gov, Attention Docket ID No. OW-2005-0007. 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 Microsoft Word or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send the 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-2005-0007.
    3. By Hand Delivery or Courier. Deliver your comments to: Public 
Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue, 
NW., Washington, DC 20004, Attention Docket ID No. OW-2005-0007. Such

[[Page 72118]]

deliveries are only accepted during the Docket's normal hours of 
operation as identified in Section I.A.1.

C. Public Hearings

    EPA has not scheduled any public hearings to receive public comment 
concerning the proposed permit. All persons will continue to have the 
right to provide written comments at any time during the public comment 
period. However, interested persons may request a public hearing 
pursuant to 40 CFR 124.12 concerning the proposed 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 proposed 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 proposed permit at the 
public hearing.

D. Public Meetings

    EPA will hold an informal public meeting at EPA headquarters in 
Washington, DC, December 20, 2005. The public meeting will include a 
presentation on the draft permit and a question and answer session. In 
addition, some EPA Regional offices may schedule public meetings in 
their areas. Due to an informal public meeting's ability to accommodate 
group discussion and question and answer sessions, public meetings have 
been used for many stormwater general permits and appear to be more 
valuable than formalized public hearings in helping the public 
understand a draft stormwater permit and identify the issues of 
concern. Written, but not oral, comments for the official permit record 
will be accepted at the public meetings. Comments generated from what 
was learned at a public meeting (or discussion with someone who did 
attend) can be submitted any time up to the end of the comment period. 
More information on these meetings will be available on the Internet at 
https://www.epa.gov/npdes/stormwater and on the various EPA Regional Web 
sites including any additional dates and locations if scheduled.
    Due to limited seating, those wishing to attend EPA's public 
meeting are asked to please send an e-mail message containing their 
name, telephone number and organization to Lance Wills at 
wills.lance@epa.gov. An e-mail message is not required, however. Anyone 
wishing to may attend. Directions to the meeting site will be provided 
upon receipt of your e-mail.

E. Finalizing the Permit

    After the close of the public comment period, EPA will issue a 
final permit decision. This decision will not be made until after all 
public comments have been considered and appropriate changes made to 
the permit. Responses to Comments will be included as part of the final 
permit decision.
    Since this permit was not reissued or replaced prior to expiration 
of the MSGP 2000, MSGP is administratively continued in accordance with 
the Administrative Procedure Act, and remains in force and effect. Any 
facility with permit coverage prior to the October 30, 2005 expiration 
date, automatically remains covered by this permit until the earliest 
of:
     Reissuance or replacement of the permit, at which time the 
facility must submit an NOI requesting authorization to discharge under 
the new permit and comply with the requirements of the new permit to 
maintain authorization to discharge, or:
     The facility submits a Notice of Termination, or;
     Issuance or denial of an individual permit for the 
facility discharges, or;
     A formal permit decision by EPA not to reissue this 
general permit, at which time the facility must seek coverage under an 
alternative general permit or an individual permit.

F. Who Are the EPA Regional Contacts for This Proposed Permit?

    For EPA Region 1, contact Thelma Murphy at tel.: (617) 918-1615 or 
e-mail at murphy.thelma@epa.gov.
    For EPA Region 2, contact Stephen Venezia at tel.: (212) 637-3856 
or e-mail at venezia.stephen@epa.gov or for Puerto Rico, Sergio Bosques 
at tel.: (787) 977-5838 or e-mail at bosques.sergio@epa.gov.
    For EPA Region 3, contact Paula Estornell at tel.: (215) 814-5632 
or e-mail at estornell.paula@epa.gov.
    For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or e-
mail at bell.brianc@epa.gov.
    For EPA Region 6, contact Brent Larsen at tel.: (214) 665-7523 or 
e-mail at: larsen.brent@epa.gov.
    For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or 
e-mail at bromley.eugene@epa.gov.
    For EPA Region 10, contact Misha Vakoc at tel.: (206) 553-6650 or 
e-mail at vakoc.misha@epa.gov.

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 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 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).

III. Scope and Applicability of the 2006 Multi-Sector General Permit

    The 2000 Multi-Sector General Permit expired at midnight, October 
30, 2005.

A. Geographic Coverage

    EPA can only provide permit coverage for classes of discharges that 
are outside the scope of a state's NPDES program authorization. EPA 
notes that unlike the 2000 MSGP, facilities located in Regions 4 and 8 
will not be covered by this permit. The geographic coverage of today's 
proposed permit is listed in Appendix C of the proposed 2006 MSGP.

B. Categories of Facilities Covered

    Today's proposed MSGP regulates stormwater discharges from 
industrial facilities in 29 categories, shown in Table III-1, in the 
five states and other areas where EPA remains the permitting authority. 
See Appendix D of the proposed MSGP 2006 and the MSGP fact sheet for 
more complete information.

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

[[Page 72119]]

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

B. Summary of Significant Changes From 2000 Multi-Sector General Permit

    This permit replaces the previous Multi-Sector General Permit that 
was issued for a five-year term on October 30, 2000 (65 FR 64746). The 
MSGP 2000 was subsequently corrected on January 9, 2001 (66 FR 1675-
1678) and March 23, 2001 (66 FR 16233-16237). On April 16, 2001 (66 FR 
19483-19485) EPA re-issued the permit, as corrected, for facilities in 
certain areas of Regions 8 and 10.
    The proposed permit is structured in five sections: general 
requirements that apply to all facilities (e.g., eligibility of 
discharges, storm water pollution prevention plan (SWPPP) requirements, 
and monitoring requirements), industry sector-specific conditions, and 
specific requirements applicable to individual States or Tribes. 
Additionally, the appendices provide information on Endangered Species 
Act and National Historic Properties Act procedures, the Notice of 
Intent (NOI), the Notice of Termination (NOT), and the Conditional No 
Exposure Exclusion.
    The organization and numbering of today's draft MSGP has been 
revised from the 2000 MSGP to more clearly present permittee 
responsibilities. EPA made changes to the discharge authorization time 
frame, training, monitoring, reporting, recordkeeping, inspections, and 
some sector-specific provisions to ensure that receiving waters will be 
adequately protected. The significant changes are summarized below. 
These changes are discussed in more detail in the MSGP fact sheet.

Discharge Authorization Time Frame

    EPA has instituted a 30-day public comment period for facilities 
that have correctly completed NOI applications. The period begins after 
EPA posts the facility's NOI on the eNOI Web site. Authorization to 
discharge is granted at the end of the 30 day period unless EPA has 
substantive reason to delay or deny authorization.

Monitoring and Reporting

    Several changes to MSGP-reporting and monitoring requirements are 
listed below.
     Inactive and unstaffed sites may exercise a Benchmark 
Monitoring waiver as long as there are no industrial materials or 
activities exposed.
     A facility covered under MSGP 2006 must monitor quarterly 
during year 1 for benchmarks. Facilities with an average of 4 
monitoring events that do not exceed the benchmark qualify for a waiver 
from additional benchmark monitoring for the remainder of the permit 
term.
     Follow-up monitoring requirements have been added when 
results indicate a facility's discharge exceeds a numeric effluent 
limitation, or causes and contributes to an exceedance of a water 
quality standard, to verify that BMPs have been modified to protect 
water quality. Facilities with follow-up monitoring exceedances are 
required to report those to EPA within 30 days of receiving the 
analytical data.
     Benchmark Monitoring Requirements for Total Suspended 
Solids (TSS) were added for each sector where they were not otherwise 
included in the MSGP 2000.
     Total Recoverable Chromium and Phenols were added as 
Benchmark Monitoring Parameters for the Wood Preserving (SIC 2491) 
Subsector of Sector A--Timber Products.
     Total Recoverable Manganese was removed as a Benchmark 
Monitoring Parameter for Waste Rock and Overburden Piles from Active 
Ore Mining or Dressing Facilities under Sector G--Metal Mining (Ore 
Mining and Dressing).
     Total Recoverable Lead, Total Recoverable Nickel, Total 
Recoverable Zinc, Ammonia Nitrogen, and Nitrate + Nitrite Nitrogen were 
added as Benchmark Monitoring Parameters for the Oil Refining (SIC 
2911) Subsector of Sector I--Oil and Gas Extraction and Refining.
     Total Recoverable Lead was added as a Benchmark Monitoring 
Parameter for the Tires and Inner Tubes; Rubber Footwear; Gaskets, 
Packing and Sealing Devices; Rubber Hose and Belting; and Fabricated 
Rubber Products, Not Elsewhere Classified (SIC 3011-3069, rubber 
manufacturing only) Subsector of Sector Y--Rubber, Miscellaneous 
Plastic Products, and Miscellaneous Manufacturing Industries.
     Total Recoverable Lead and Total Recoverable Copper were 
added as a Benchmark Monitoring Parameter for the Electronic and 
Electrical Equipment and Components Except Computers (SIC 3612-3699) 
Subsector of Sector AC--Electronic, Electrical, Photographic, and 
Optical Goods Sector.
     Electronic monitoring data reporting options will be 
available for filing all monitoring data, including follow-up 
monitoring data. In addition, it will be possible to file reports of 
unauthorized discharges electronically. All electronic reporting will 
be through the eNOI Center system.

Industry Sector-specific Requirements

     The organization of Sector G--Metal Mining requirements 
has been revised. Additional information has been added regarding 
contaminated seeps and springs discharging from waste rock dumps; final 
stabilization; management, inspection, maintenance, and cessation of 
clearing, grading, and excavation activities; site map requirements; 
and monitoring frequency.
     Management, inspection, maintenance, and cessation 
requirements for clearing, grading, and excavation activities have been 
added to Sector J--Mineral Mining and Dressing.
     Additional information has been added to Sector M--
Automobile Savage Yards to include the inspection of areas where 
hazardous materials are stored and the proper handling of mercury-
containing automotive switches.
     Added information on mercury spill kits to Sector N--Scrap 
Recycling and Waste Recycling Facilities.
     Added text to include illicit plumbing connections and a 
SWPPP requirement to include specific good housekeeping control 
measures used in each of the facility areas in Sector P--Land 
Transportation and Warehousing.
     Requirements have been added to Sector S--Air 
Transportation for emphasizing BMPs, facility inspections, specific 
good housekeeping control measures requirements, vehicle and equipment 
washwater requirements, and monitoring during the deicing

[[Page 72120]]

season and for describing controls used for collecting or containing 
contaminated melt water from collection areas used for disposal of 
contaminated snow.
     Added electrical and electronic equipment and components 
to Sector AC--Electronic and Electrical Equipment and Components, 
Photographic and Optical Goods.

C. 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, including the requirement for a general notice of 
proposed rulemaking, 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 proposed Multi-Sector General Permit under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements of the Multi-Sector General Permit 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.

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

    Dated: November 16, 2005.
Linda M. Murphy,
Director, Office of Ecosystem Protection, EPA Region 1.
    Dated: November 16, 2005.
Carl-Axel P. Soderberg,
Division Director, Caribbean Environmental Protection Division, EPA 
Region 2.
    Dated: November 15, 2005.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.
    Dated: November 21, 2005.
Jo Lynn Traub,
Director, Water Division, EPA Region 5.
    Dated: November 15, 2005.
Miguel I. Flores,
Director, Water Quality Protection Division, EPA Region 6.
    Dated: November 4, 2005.
Alexis Strauss,
Director, Water Division, EPA Region 9.
    Dated: November 17, 2005.
Robert R. Robichaud,
Associate Director, Office of Water and Watersheds, EPA Region 10.
 [FR Doc. E5-6721 Filed 11-30-05; 8:45 am]
BILLING CODE 6560-50-P