Notice of Availability of Revisions to Proposed NPDES General Permits for Small Municipal Separate Storm Sewer Systems (MS4s) in New Mexico, Indian Country Lands in New Mexico and Indian Country Lands in Oklahoma, 16775-16776 [E6-4844]
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Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Notices
is not adequately administering the part
71 program with respect to the Power
Plants, in accordance with the
Agreement, 40 CFR part 71, and/or the
Act. Because USEPA is retaining its
authority to act upon petitions
submitted pursuant to 40 CFR 71.10(h)
and 71.11(n), any such petitions must be
submitted to USEPA Region IX
following the procedures set forth in
those regulations.
USEPA also notifies the public,
pursuant to 40 CFR 71.9(c)(2)(ii), that
effective March 21, 2006, it has
suspended collection of its part 71
permit fees for the Power Plants. In
delegating the administration of the part
71 program, USEPA has determined that
NNEPA can collect fees under tribal law
sufficient to fund the delegated part 71
program for the Power Plants and carry
out the duties specified in the
Agreement.
Dated: March 21, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E6–4845 Filed 4–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8053–6]
Notice of Availability of Revisions to
Proposed NPDES General Permits for
Small Municipal Separate Storm Sewer
Systems (MS4s) in New Mexico, Indian
Country Lands in New Mexico and
Indian Country Lands in Oklahoma
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: EPA Region 6 is announcing
the availability of a supplemental fact
sheet describing proposed revisions to,
and is reopening the comment period
for, previously proposed National
Pollutant Discharge Elimination System
(NPDES) general permits for storm water
discharges from small municipal
separate storm sewer systems (MS4s)
located in the State of New Mexico
(NMR040000), Indian Country Lands in
New Mexico (NMR04000I), and Indian
Country Lands in Oklahoma
(OKR04000I). These permits were
previously publically noticed on
September 9, 2003 (68 FR 53166) and a
45 day public comment period on all
parts of the permits was provided at that
time. The public comment period is
being reopened for the limited purpose
of accepting public comments on
changes which have been made to the
draft permits primarily as a method to
VerDate Aug<31>2005
18:55 Apr 03, 2006
Jkt 208001
address a decision by the United States
Court of Appeals for the Ninth Circuit,
which remanded certain portions of the
Phase II NPDES storm water regulations
related to issuance of general permits for
small MS4s. The Region is accepting
comments only on today’s proposed
changes to the draft permits. Following
the close of the comment period, the
Director will make a final permit
decision based on comments received
during both the initial comment period
and the reopened comment period.
DATES: Comments on today’s revisions
to these draft permits must be submitted
by May 4, 2006. Comments must be
received or postmarked by midnight on
the last day of the comment period. EPA
is not required to consider late
comments.
Comments on today’s
revisions to the draft general permits
should be sent to Docket No. 6WQ–03–
SW01, Attn: Ms. Diane Smith, EPA
Region 6, Water Quality Protection
Division (6WQ–CA), 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted in
electronic format (Wordperfect 9, MS
Word 2000, or ASCII Text formats only,
avoiding use of special characters) to:
the above address or via e-mail to
smith.diane@epa.gov. No facsimiles
(faxes) will be accepted. Copies of
information in the record are available
upon request from the contacts below. A
reasonable fee may be charged for
copying.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
draft permits may be obtained from Ms.
Diane Smith, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
telephone (214) 665–2145. The
supplemental fact sheet describing the
modifications being noticed today,
along with the originally proposed
general permit and fact sheet
documents, are available at https://
www.epa.gov/earth1r6/6wq/npdes/sw/
ms4/.
SUPPLEMENTARY INFORMATION: The
originally proposed general permits and
the modifications being proposed today
cover storm water discharges from
municipal separate storm sewer systems
(MS4s) meeting the definition of a
‘‘small municipal separate storm sewer
system’’ at 40 CFR 122.26(b)(16) and
designated under 40 CFR 122.32(a)(1) or
40 CFR 122.32(a)(2). An MS4 consists of
a system of conveyances (including
roads with drainage systems, municipal
streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm
drains) that collects storm water; is
owned or operated by the United States,
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
16775
a State, city, town, borough, county,
parish, district, association, or other
public body (created by or pursuant to
State law) having jurisdiction over
disposal of sewage, industrial wastes,
storm water, or other wastes, including
special districts under State law such as
a sewer district, flood control district or
drainage district, or similar entity, or an
Indian tribe or an authorized Indian
tribal organization, or a designated and
approved management agency under
section 208 of the CWA; and discharges
to waters of the United States. A small
MS4 typically serves a population of
less than 100,000. Only those small
MS4s located in a Census-defined
Urbanized Area or having been
designated by the Director are required
to apply for permits (see 40 CFR
122.32). Maps of Urbanized Areas and
lists of cities and counties within them
are available online at https://
cfpub.epa.gov/npdes/stormwater/
urbanmaps.cfm.
Subsequent to EPA Region 6’s
proposal of the general permits for small
MS4s on September 9, 2003, the U.S.
Court of Appeals for the Ninth Circuit
denied EPA’s petition for rehearing in
litigation over EPA’s storm water Phase
II regulations. Environmental Defense
Center, et al. v. EPA, No. 70014 &
consolidated cases (9th Cir., Sept. 15,
2003). Plaintiffs in that litigation
challenged the Phase II NPDES storm
water regulations issued by EPA
pursuant to Clean Water Act (CWA)
section 402(p)(6). Among other things,
the Phase II regulations require NPDES
permits for storm water discharges from
certain MS4s for which NPDES permits
were not required under CWA section
402(p)(2) and the Phase I NPDES storm
water regulations. The regulations also
require the newly regulated MS4s to
develop, implement, and enforce a
storm water management program
containing, amongst other things, best
management practices (BMPs) identified
by the discharger. The regulations
authorize the use of general permits and
require that these BMPs (as well as
measurable goals associated with these
BMPs) be identified in the Notice of
Intent (NOI) filed by the MS4 in seeking
authorization under a general permit.
Relying on the ‘‘traditional’’ general
permit model, the Agency did not
require NOIs to be reviewed by the
Agency, made available to the public for
review and comment, or to be subject to
public hearings. The Ninth Circuit held
that EPA’s failure to address these
issues in establishing NOI requirements
violated various provisions of CWA
section 402, and remanded the Phase II
regulations on three grounds related to
E:\FR\FM\04APN1.SGM
04APN1
16776
Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Notices
the use of NPDES permits to authorize
discharges from small MS4s: (1) Public
availability of Notices of Intent (NOIs),
(2) opportunity for public hearing, and
(3) Permitting Authority review of NOIs.
On April 16, 2004, EPA’s Office of
Wastewater Management issued
guidance to NPDES Permitting
Authorities entitled ‘‘Implementing the
Partial Remand of the Stormwater Phase
II Regulations Regarding Notices of
Intent & NPDES General Permitting for
Phase II MS4s’’ (available at https://
www.epa.gov/npdes/pubs/
hanlonphase2apr14signed.pdf). This
document provides guidance to
permitting authorities on addressing the
Court’s partial remand when issuing
general permits for small MS4s. Today’s
revisions to the originally proposed
general permits are in response to the
partial remand to the Phase II
regulations and issues raised in the
Court’s decision and are consistent with
EPA’s Office of Wastewater
Management Guidance.
The public comment period on the
proposed general permits is being
reopened, in accordance with
procedures at 40 CFR 124.14, for the
limited purpose of accepting public
comments on today’s proposed changes
to the draft permits. EPA’s public
comment and public hearing procedures
may be found at 40 CFR 124.10 and
124.12 (48 FR 142664, April 1, 1983, as
amended at 49 FR 38051, September 26,
1984). Following the end of the
supplemental comment period, the
Director will make a final permit
decision and notice will be published in
the Federal Register.
Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
Dated: March 24, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division,
EPA Region 6.
[FR Doc. E6–4844 Filed 4–3–06; 8:45 am]
sroberts on PROD1PC70 with NOTICES
BILLING CODE 6560–50–P
VerDate Aug<31>2005
18:55 Apr 03, 2006
Jkt 208001
DEPARTMENT OF THE TREASURY
SUPPLEMENTARY INFORMATION:
The text of
the report follows:
Office of the Comptroller of the
Currency
FEDERAL DEPOSIT INSURANCE
CORPORATION
Report to the Committee on Financial
Services of the United States House of
Representatives and to the Committee
on Banking, Housing, and Urban
Affairs of the United States Senate
Regarding Differences in Accounting
and Capital Standards Among the
Federal Banking Agencies
DEPARTMENT OF THE TREASURY
Introduction
[Docket No. 06–05]
FEDERAL RESERVE SYSTEM
Office of Thrift Supervision
[No. 2006–12]
Joint Report: Differences in
Accounting and Capital Standards
Among the Federal Banking Agencies;
Report to Congressional Committees
AGENCIES: Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); and
Office of Thrift Supervision (OTS),
Treasury.
ACTION: Notice.
SUMMARY: The OCC, the Board, the
FDIC, and the OTS (the Agencies) have
prepared this report pursuant to section
37(c) of the Federal Deposit Insurance
Act. Section 37(c) requires the Agencies
to jointly submit an annual report to the
Committee on Financial Services of the
United States House of Representatives
and to the Committee on Banking,
Housing, and Urban Affairs of the
United States Senate describing
differences between the capital and
accounting standards used by the
Agencies. The report must be published
in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
OCC: Nancy Hunt, Risk Expert (202–
874–4923), Office of the Comptroller of
the Currency, 250 E Street, SW.,
Washington, DC 20219.
Board: John F. Connolly, Senior
Supervisory Financial Analyst (202–
452–3621), Division of Banking
Supervision and Regulation, Board of
Governors of the Federal Reserve
System, 20th Street and Constitution
Avenue, NW., Washington, D.C. 20551.
FDIC: Robert F. Storch, Chief
Accountant (202–898–8906), Division of
Supervision and Consumer Protection,
Federal Deposit Insurance Corporation,
550 17th Street, NW., Washington, DC
20429.
OTS: Michael D. Solomon, Senior
Program Manager for Capital Policy
(202–906–5654), Supervision Policy,
Office of Thrift Supervision, 1700 G
Street, NW., Washington, DC 20552.
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Frm 00021
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The Office of the Comptroller of the
Currency (OCC), the Board of Governors
of the Federal Reserve System (FRB), the
Federal Deposit Insurance Corporation
(FDIC), and the Office of Thrift
Supervision (OTS) (‘‘the Federal
banking agencies’’ or ‘‘the agencies’’)
must jointly submit an annual report to
the Committee on Financial Services of
the U.S. House of Representatives and
the Committee on Banking, Housing,
and Urban Affairs of the U.S. Senate
describing differences between the
accounting and capital standards used
by the agencies. The report must be
published in the Federal Register.
This report, which covers differences
existing as of December 31, 2005, is the
fourth joint annual report on differences
in accounting and capital standards to
be submitted pursuant to section 37(c)
of the Federal Deposit Insurance Act (12
U.S.C. 1831n(c)), as amended. Prior to
the agencies’ first joint annual report,
section 37(c) required a separate report
from each agency.
Since the agencies filed their first
reports on accounting and capital
differences in 1990, the agencies have
acted in concert to harmonize their
accounting and capital standards and
eliminate as many differences as
possible. Section 303 of the Riegle
Community Development and
Regulatory Improvement Act of 1994 (12
U.S.C. 4803) also directs the agencies to
work jointly to make uniform all
regulations and guidelines
implementing common statutory or
supervisory policies. The results of
these efforts must be ‘‘consistent with
the principles of safety and soundness,
statutory law and policy, and the public
interest.’’ In recent years, the agencies
have revised their capital standards to
address changes in credit and certain
other risk exposures within the banking
system and to align the amount of
capital institutions are required to hold
more closely with the credit risks and
certain other risks to which they are
exposed. These revisions have been
made in a uniform manner whenever
possible and practicable to minimize
interagency differences.
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Notices]
[Pages 16775-16776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4844]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8053-6]
Notice of Availability of Revisions to Proposed NPDES General
Permits for Small Municipal Separate Storm Sewer Systems (MS4s) in New
Mexico, Indian Country Lands in New Mexico and Indian Country Lands in
Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: EPA Region 6 is announcing the availability of a supplemental
fact sheet describing proposed revisions to, and is reopening the
comment period for, previously proposed National Pollutant Discharge
Elimination System (NPDES) general permits for storm water discharges
from small municipal separate storm sewer systems (MS4s) located in the
State of New Mexico (NMR040000), Indian Country Lands in New Mexico
(NMR04000I), and Indian Country Lands in Oklahoma (OKR04000I). These
permits were previously publically noticed on September 9, 2003 (68 FR
53166) and a 45 day public comment period on all parts of the permits
was provided at that time. The public comment period is being reopened
for the limited purpose of accepting public comments on changes which
have been made to the draft permits primarily as a method to address a
decision by the United States Court of Appeals for the Ninth Circuit,
which remanded certain portions of the Phase II NPDES storm water
regulations related to issuance of general permits for small MS4s. The
Region is accepting comments only on today's proposed changes to the
draft permits. Following the close of the comment period, the Director
will make a final permit decision based on comments received during
both the initial comment period and the reopened comment period.
DATES: Comments on today's revisions to these draft permits must be
submitted by May 4, 2006. Comments must be received or postmarked by
midnight on the last day of the comment period. EPA is not required to
consider late comments.
ADDRESSES: Comments on today's revisions to the draft general permits
should be sent to Docket No. 6WQ-03-SW01, Attn: Ms. Diane Smith, EPA
Region 6, Water Quality Protection Division (6WQ-CA), 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted in
electronic format (Wordperfect 9, MS Word 2000, or ASCII Text formats
only, avoiding use of special characters) to: the above address or via
e-mail to smith.diane@epa.gov. No facsimiles (faxes) will be accepted.
Copies of information in the record are available upon request from the
contacts below. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft permits may be obtained from Ms. Diane Smith, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-2145. The
supplemental fact sheet describing the modifications being noticed
today, along with the originally proposed general permit and fact sheet
documents, are available at https://www.epa.gov/earth1r6/6wq/npdes/sw/
ms4/.
SUPPLEMENTARY INFORMATION: The originally proposed general permits and
the modifications being proposed today cover storm water discharges
from municipal separate storm sewer systems (MS4s) meeting the
definition of a ``small municipal separate storm sewer system'' at 40
CFR 122.26(b)(16) and designated under 40 CFR 122.32(a)(1) or 40 CFR
122.32(a)(2). An MS4 consists of a system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that collects
storm water; is owned or operated by the United States, a State, city,
town, borough, county, parish, district, association, or other public
body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other wastes,
including special districts under State law such as a sewer district,
flood control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA;
and discharges to waters of the United States. A small MS4 typically
serves a population of less than 100,000. Only those small MS4s located
in a Census-defined Urbanized Area or having been designated by the
Director are required to apply for permits (see 40 CFR 122.32). Maps of
Urbanized Areas and lists of cities and counties within them are
available online at https://cfpub.epa.gov/npdes/stormwater/
urbanmaps.cfm.
Subsequent to EPA Region 6's proposal of the general permits for
small MS4s on September 9, 2003, the U.S. Court of Appeals for the
Ninth Circuit denied EPA's petition for rehearing in litigation over
EPA's storm water Phase II regulations. Environmental Defense Center,
et al. v. EPA, No. 70014 & consolidated cases (9th Cir., Sept. 15,
2003). Plaintiffs in that litigation challenged the Phase II NPDES
storm water regulations issued by EPA pursuant to Clean Water Act (CWA)
section 402(p)(6). Among other things, the Phase II regulations require
NPDES permits for storm water discharges from certain MS4s for which
NPDES permits were not required under CWA section 402(p)(2) and the
Phase I NPDES storm water regulations. The regulations also require the
newly regulated MS4s to develop, implement, and enforce a storm water
management program containing, amongst other things, best management
practices (BMPs) identified by the discharger. The regulations
authorize the use of general permits and require that these BMPs (as
well as measurable goals associated with these BMPs) be identified in
the Notice of Intent (NOI) filed by the MS4 in seeking authorization
under a general permit. Relying on the ``traditional'' general permit
model, the Agency did not require NOIs to be reviewed by the Agency,
made available to the public for review and comment, or to be subject
to public hearings. The Ninth Circuit held that EPA's failure to
address these issues in establishing NOI requirements violated various
provisions of CWA section 402, and remanded the Phase II regulations on
three grounds related to
[[Page 16776]]
the use of NPDES permits to authorize discharges from small MS4s: (1)
Public availability of Notices of Intent (NOIs), (2) opportunity for
public hearing, and (3) Permitting Authority review of NOIs.
On April 16, 2004, EPA's Office of Wastewater Management issued
guidance to NPDES Permitting Authorities entitled ``Implementing the
Partial Remand of the Stormwater Phase II Regulations Regarding Notices
of Intent & NPDES General Permitting for Phase II MS4s'' (available at
https://www.epa.gov/npdes/pubs/hanlonphase2apr14signed.pdf). This
document provides guidance to permitting authorities on addressing the
Court's partial remand when issuing general permits for small MS4s.
Today's revisions to the originally proposed general permits are in
response to the partial remand to the Phase II regulations and issues
raised in the Court's decision and are consistent with EPA's Office of
Wastewater Management Guidance.
The public comment period on the proposed general permits is being
reopened, in accordance with procedures at 40 CFR 124.14, for the
limited purpose of accepting public comments on today's proposed
changes to the draft permits. EPA's public comment and public hearing
procedures may be found at 40 CFR 124.10 and 124.12 (48 FR 142664,
April 1, 1983, as amended at 49 FR 38051, September 26, 1984).
Following the end of the supplemental comment period, the Director will
make a final permit decision and notice will be published in the
Federal Register.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: March 24, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. E6-4844 Filed 4-3-06; 8:45 am]
BILLING CODE 6560-50-P