Notice of Availability of Final NPDES General Permit for Small Municipal Separate Storm Sewer Systems in the Commonwealth of Puerto Rico and Federal Facilities in the Commonwealth of Puerto Rico, 64952-64954 [E6-18643]

Download as PDF 64952 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices meetings@erg.com, subject line: Observational Studies. If you need technical information about the planned document, please contact Roy Fortmann, National Exposure Research Laboratory (NERL); telephone: 919–541– 1021; facsimile: 919–541–0905; e-mail Fortmann.roy@epa.gov. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES Information About the Workshop and Planned Document Observational exposure measurement studies are performed by researchers both within and outside of EPA to measure people’s contact with chemicals in their everyday environments during their normal daily activities. These studies involve measurements of chemicals in environmental media (e.g., air, water, food, soil, and dust); collection of information about the voluntary study participants, their homes, their work environments, and their activities; and analysis of voluntary human samples such as blood or urine to determine the amounts of contact. These observational studies do not involve any additional contact with the chemicals being studied by the people who volunteer to participate in the studies. EPA’s observational studies generally collect information that is critical to meeting the goal of improving public health. In these studies, EPA identifies the chemicals that people are coming in contact with; the concentrations of those chemicals; the most important sources of chemicals in people’s lives; and when, where, how often, and why people come into contact with chemicals in the environment. The information collected in observational studies can be used to better understand potential risks and health effects from chemicals in the environment and to develop risk mitigation strategies and methods. EPA strives to follow the most up-todate approaches in designing and performing observational studies. These approaches are developed by experts in both academia and various Federal agencies. The approaches evolve over time to meet changing and more stringent ethical standards and study requirements. EPA wants to ensure that the observational studies conducted by the Agency for measuring people’s contact with environmental chemicals continue to be based on the most up-todate sound science and the highest ethical standards. Therefore, there is a need to evaluate the latest approaches and ensure that EPA is using the stateof-the-science approaches. In this project, EPA intends to review and VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 evaluate the latest methods, techniques, ethical standards, and approaches for design and implementation of observational exposure measurement studies and compile a set of state-of-thescience approaches in a single document. Examples of study elements for which state-of-the-science approaches will be evaluated and compiled in the document include identification of community groups and interactions with communities during the scoping and planning of studies, participant recruitment methods, informed consent procedures, identification and reporting unanticipated results, communication of study results, etc. EPA expects that the final document will be used by EPA researchers and others in the scientific community to design and perform observational exposure measurement studies. Researchers in NERL intend to work with the public and experts from outside of the Agency to evaluate and compile the state-of-the-science approaches. The Workshop announced in this Notice is expected to bring together experts in the areas of human exposure science, community research, ethics, children’s health, and other relevant disciplines to discuss and compile information that EPA can use to develop a draft document. EPA has asked the Panel to provide recommendations on the content of the document, sources of information for the document, and an evaluation of the state-of-the-science for approaches for specific elements of the design and implementation of observational exposure measurement studies. Using information gathered at the Workshop, EPA plans to develop a draft document, tentatively titled ‘‘State-of-the-Science Approaches for Observational Exposure Measurement Studies.’’ When completed, EPA expects to release the draft document as an external review document for public comment. EPA also expects to hire a contractor to conduct an independent external scientific peer review of the draft document. Availability of the document for public comment and the schedule and location of the independent external peer review will be announced in the Federal Register. Dated: October 31, 2006. Lawrence W. Reiter, Director, National Exposure Research Laboratory. [FR Doc. E6–18655 Filed 11–3–06; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–8235–3] Notice of Availability of Final NPDES General Permit for Small Municipal Separate Storm Sewer Systems in the Commonwealth of Puerto Rico and Federal Facilities in the Commonwealth of Puerto Rico Environmental Protection Agency (EPA). ACTION: Notice of Final NPDES General Permits—PRR040000 and PRR04000F. AGENCY: SUMMARY: The Director of the Caribbean Environmental Protection Division (CEPD), Environmental Protection Agency-Region 2, is issuing notice for a final National Pollutant Discharge Elimination System (NPDES) general permit and accompanying response to comments for discharges from small municipal separate storm sewer systems (Small MS4) within urbanized areas to waters of the Commonwealth of Puerto Rico. This NPDES general permit establishes Notice of Intent (NOI) requirements, standards, prohibitions and management practices for discharges of storm water from municipal separate storm sewer systems within urbanized areas owned by the Commonwealth of Puerto Rico, or political subdivisions of the Commonwealth of Puerto Rico (including ‘‘municipios’’), as well as the United States, and other systems located within an urbanized area that fall within the definition of an MS4. These include, for example, State departments of transportation (DOTs), public universities, penitentiaries, military installations and similar institutions with separate storm sewers drainage area. Owners and/or operators of small MS4s that discharge storm water will be required to submit a NOI to EPA–CEPD to be covered by the general permit and will receive a written notification from EPA–CEPD of permit coverage and authorization to discharge under the general permit. The eligibility requirements are discussed in the permit. The municipality must meet the eligibility requirements of the permit prior to submission of the NOI. This general permit does not cover new sources as defined under 40 CFR 122.2. Publication of this final general permit and response to comments complies with the requirements of 40 Code of Federal Regulations (CFR) 124.10. DATES: The effective date of this permit is November 6, 2006. The permit will expire on November 7, 2011. Public Meeting Information: EPA— Region 2 has participated in several E:\FR\FM\06NON1.SGM 06NON1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices conference meetings to provide information about the Storm Water Phase II program and its requirements. On September 28, 2006, CEPD offered a full day workshop on Small MS4 requirements and conditions from today’s general permit. The workshop included a overview presentation on the storm water program, the conditions of the general permit under Phase 2, the six minimum requirement that the Small MS4 must meet, tools/resources and a question and answer session. Notification Requirements: General permits for storm water discharges associated with Small MS4s within an urbanized area require the submittal of a Notices of Intent (NOI) prior to the authorization of such discharges. Today’s general permit establishes NOI requirements to be covered under this permit and must be sent to EPA-Region 2, Caribbean Environmental Protection Division, Centro Europa Building, Suite 417, 1492 Ponce de Leon Avenue, San Juan, Puerto Rico 00907–4127; Attn: Sergio Bosques. Municipios, including State departments of transportation (DOTs), public universities, penitentiaries, military installations and similar institutions, must submit an NOI and other required information by February 5, 2007. A discharger is not precluded from submitting an NOI at a later date. However, EPA may bring appropriate enforcement actions. The NOI is found in Appendix C of today’s general permit and contains the following information: (1) Activities by the applicant that require obtaining an NPDES permit. (Suggestion: This item can be addressed by a statement such as: ‘‘The Applicant Name operates a municipal separate storm sewer system located in (city name)’’.) (2) Name, mailing address, and location of the facility for which the application is submitted. (Suggestion: In the context of the MS4 permitting program, this item should list the name(s), title(s), affiliation(s), mailing address(es), and telephone number(s) of the operator(s) of the MS4(s).) (3) Standard Industrial Classification (SIC) Code that reflects the service provided by the facility. (Suggestion: Generally speaking, the SIC code established by the Federal Office of Management and Budget for public administration/general Federal, State or local government activities is 9199. For additional information on SIC codes, check the Occupational Safety and Health Administration’s Web site at: http://www.osha.gov/cgi-bin/sic/ sicser5.) VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 (4) The operator name(s), address(es), telephone number(s), ownership status, and status as a Federal, State, local, tribal or other public entity. (Suggestion: This item should identify the names and titles of the primary administrative and/or technical staff contacts for the municipal operator(s), if different from item #2.) (5) A listing of any permits or construction approvals received or applied for under any of the following programs: Resource Conservation or Recovery Act; Underground Injection Control under the Safe Drinking Water Act; NPDES program under the Clean Water Act; Prevention of Significant Deterioration program under the Clean Air Act; Nonattainment program under the Clean Air Act; the National Emission Standards for Hazardous Air Pollutants preconstruction approval under the Clean Air Act, Ocean Dumping Permits under the Marine Protection Research and Sanctuaries Act; Dredge or fill permits under section 404 of the Clean Water Act; or other relevant environmental permits, including State permits. (6) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area. (Suggestion: A map of the storm sewer system(s), showing the location of all outfalls and names and location of all waters of the United States that receive discharges from those outfalls, is most appropriate for fulfilling this requirement. If a map of such detail is not available, please include any reasonably available version of such a map and a schedule of when such a map will be available. (See 40 CFR 122.34(b)(3)(ii)(A) for a description of the mapping requirement.)) (7) A brief description of the nature of the business. (Suggestion: In the context of the MS4 permitting program, briefly describe the MS4 in terms of its general characteristics, such as: capacity, general operation, or other relevant information.) The following additional information is required as part of an NPDES application from regulated small MS4(s) according to 40 CFR 122.33(b)(2)(i) and 40 CFR 122.34(d)(1): PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 64953 (8) An estimate of the square mileage served by the MS4(s); (9) Descriptions of the best management practices (BMPs) to be implemented by the applicant or another entity for each of the six storm water minimum control measures described in 40 CFR 122.34(b)(1) through (b)(6); (10) Descriptions of the measurable goals for each BMPs, including (as appropriate) the months and years in which the action will be taken, including interim milestones and the frequency of the action; and (11) The person(s) responsible for implementing or coordinating the applicant’s storm water management program (SWMP). (Suggestion: Your description of the SWMP should identify those measures that are already in place or are underway, as well as measures that remain to be developed or implemented. As the operator of the MS4, you have the flexibility to determine the BMPs and measurable goals, for each minimum control measure, that are most appropriate for the system. It is not required that all BMPs be fully implemented and in place at the time of application. As stated in 40 CFR 122.34(a), EPA will require full implementation of the applicant’s SWMP no later than the end of the first permit term (NPDES permits are typically issued for a 5 year period). The application package should fully summarize the SWMP that is anticipated for the area, and should acknowledge those BMPs that remain to be developed, including time lines and milestones for implementation.) Today’s final general permit requires all regulated small MS4s to develop and implement a SWMP. Program components include, at a minimum, 6 minimum measures to address: public education and outreach; public involvement; illicit discharge detection and elimination; construction site runoff control; post-construction storm water management in new development and redevelopment; and pollution prevention and good housekeeping of municipal operations. A regulated small MS4 is required to submit to CEPD the SWMP, and an electronic copy, including the BMPs to be implemented and the measurable goals for each of the minimum control measures listed above. After submitting the required NOI within February 5, 2007, the SWMP, including the electronic version must be submitted within August 3, 2007 to CEPD to the above address. After February 5, 2007, all notified Small MS4s will have 180 days of their notification to submit an NOI and E:\FR\FM\06NON1.SGM 06NON1 64954 Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices SWMP, including an electronic version of the information. This shall be also submitted to the address specified above. FOR FURTHER INFORMATION CONTACT: Additional information concerning the permit may be obtained between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, from: Sergio Bosques, Caribbean Environmental Protection Division, Environmental Protection Agency, Region 2, Centro Europa Building, Suite 417, 1492 Ponce de Leon Avenue, San Juan, Puerto Rico 00907– 4127; telephone: 787–977–5838; e-mail: bosques.sergio@epa.gov. SUPPLEMENTARY INFORMATION: 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 EPA to develop a phased approach to regulate storm water discharges under the NPDES program. EPA published a final regulation on the second phase of this program on December 9, 1999, in the Federal Register, establishing permit application requirements for ‘‘storm water discharges associated with municipal separate storm sewer systems in urbanized areas’’. EPA believes that this Phase 2 rule provides consistency in terms of program coverage and requirements for existing and newly designated sources. For example, the rule includes most of the municipal donut holes, those MS4s located in incorporated places, townships or towns with a population under 100,000 that are within Phase I counties. These MS4s were not addressed by the NPDES storm water program until the Phase 2 rule while MS4s in the surrounding county are addressed. In addition, the minimum control measures required in the Phase 2 rule for regulated small MS4s are very similar to a number of the permit requirements for medium and large MS4s under the storm water program. Following the Phase 2 rule, permit requirements for all regulated MS4s will require implementation of BMPs. rwilkins on PROD1PC63 with NOTICES Organization of Today’s Permit Today’s permit covers storm water discharges from a wide variety of conveyances and/or systems within urbanized areas in Puerto Rico. Because the conditions which affect the presence of pollutants in storm water discharges vary among urbanized areas and watersheds, today’s general permit provides broad discretion to the permittee to develop and implement a VerDate Aug<31>2005 17:31 Nov 03, 2006 Jkt 211001 storm water management program and meet permit conditions. EPA believes that the flexibility provided in today’s general permit facilitates watershed planning and compliance. Today’s permit requires storm sewer system map, regulatory mechanism to prevent illicit discharges, plan to detect and address non-storm water discharges, education and measurable goals. Dated: September 21, 2006. Carl-Axel P. Soderberg, Director, Caribbean Environmental Protection Division, Region 2. [FR Doc. E6–18643 Filed 11–3–06; 8:45 am] B. Executive Order 12866 Sunshine Act Meeting Notice EPA has determined that this general permit is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is therefore not subject to OMB review. DATE & TIME: Thursday, November 9, 2006 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor). STATUS: This meeting will be open to the public. ITEMS TO BE DISCUSSED: Correction and Approval of Minutes. Advisory Opinion 2006–30: ActBlue, by Jonathan Zucker, Senior Strategist and Counsel. Management and Administrative Matters. PERSON TO CONTACT FOR INFORMATION: Mr. Robert Biersack, Press Officer. C. Paperwork Reduction Act EPA has reviewed the requirements imposed on regulated facilities resulting from the final construction general permit under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information collection requirements of this proposed permit are similar to other Regional general permits which were previously approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers. However, information collection requirements of this proposed small municipal separate storm sewer system general permit will be submitted to OMB for review and approval and will be published in a Federal Register notice. D. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility analysis for rules subject to the requirements of 5 U.S.C. 553(b) that have a significant impact on a substantial number of small entities. The permit issued today, however, is not a ‘‘rule’’ subject to the requirements of 5 U.S.C. 553(b) and is therefore not subject to the Regulatory Flexibility Act. BILLING CODE 6560–50–P FEDERAL ELECTION COMMISSION Mary W. Dove, Secretary of the Commission. [FR Doc. 06–9105 Filed 11–2–06; 2:29 pm] BILLING CODE 6715–01–M FEDERAL HOUSING FINANCE BOARD Sunshine Act Meeting Notice; Announcing an Open Meeting of the Board of Directors The open meeting of the Board of Directors is scheduled to begin at 10 a.m. on Wednesday, November 8, 2006. PLACE: Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street, NW., Washington, DC 20006. STATUS: The meeting will be open to the public. TIME AND DATE: E. Unfunded Mandates Reform Act Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 104–4, generally requires Federal agencies to assess the effects of their ‘‘regulatory actions’’ (defined to be the same as ‘‘rules’’ subject to the RFA) on State and local governments and the private sector. The permit issued today, however, is not a ‘‘rule’’ subject to the RFA and is therefore not subject to the requirements of UMRA. MATTER TO BE CONSIDERED AT THE OPEN PORTION: Federal Home Loan Bank of Chicago Request to Redeem Excess Stock. Authority: Clean Water Act, 33 U.S.C. 1251 et seq. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 CONTACT PERSON FOR MORE INFORMATION: Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202–408– 2876 or williss@fhfb.gov. Dated: November 8, 2006. By the Federal Housing Finance Board. John P. Kennedy, General Counsel. [FR Doc. 06–9098 Filed 11–2–06; 10:58 am] BILLING CODE 6725–01–P E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Notices]
[Pages 64952-64954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18643]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8235-3]


Notice of Availability of Final NPDES General Permit for Small 
Municipal Separate Storm Sewer Systems in the Commonwealth of Puerto 
Rico and Federal Facilities in the Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final NPDES General Permits--PRR040000 and PRR04000F.

-----------------------------------------------------------------------

SUMMARY: The Director of the Caribbean Environmental Protection 
Division (CEPD), Environmental Protection Agency-Region 2, is issuing 
notice for a final National Pollutant Discharge Elimination System 
(NPDES) general permit and accompanying response to comments for 
discharges from small municipal separate storm sewer systems (Small 
MS4) within urbanized areas to waters of the Commonwealth of Puerto 
Rico. This NPDES general permit establishes Notice of Intent (NOI) 
requirements, standards, prohibitions and management practices for 
discharges of storm water from municipal separate storm sewer systems 
within urbanized areas owned by the Commonwealth of Puerto Rico, or 
political subdivisions of the Commonwealth of Puerto Rico (including 
``municipios''), as well as the United States, and other systems 
located within an urbanized area that fall within the definition of an 
MS4. These include, for example, State departments of transportation 
(DOTs), public universities, penitentiaries, military installations and 
similar institutions with separate storm sewers drainage area. Owners 
and/or operators of small MS4s that discharge storm water will be 
required to submit a NOI to EPA-CEPD to be covered by the general 
permit and will receive a written notification from EPA-CEPD of permit 
coverage and authorization to discharge under the general permit. The 
eligibility requirements are discussed in the permit. The municipality 
must meet the eligibility requirements of the permit prior to 
submission of the NOI. This general permit does not cover new sources 
as defined under 40 CFR 122.2. Publication of this final general permit 
and response to comments complies with the requirements of 40 Code of 
Federal Regulations (CFR) 124.10.

DATES: The effective date of this permit is November 6, 2006. The 
permit will expire on November 7, 2011.
    Public Meeting Information: EPA--Region 2 has participated in 
several

[[Page 64953]]

conference meetings to provide information about the Storm Water Phase 
II program and its requirements. On September 28, 2006, CEPD offered a 
full day workshop on Small MS4 requirements and conditions from today's 
general permit. The workshop included a overview presentation on the 
storm water program, the conditions of the general permit under Phase 
2, the six minimum requirement that the Small MS4 must meet, tools/
resources and a question and answer session.
    Notification Requirements: General permits for storm water 
discharges associated with Small MS4s within an urbanized area require 
the submittal of a Notices of Intent (NOI) prior to the authorization 
of such discharges. Today's general permit establishes NOI requirements 
to be covered under this permit and must be sent to EPA-Region 2, 
Caribbean Environmental Protection Division, Centro Europa Building, 
Suite 417, 1492 Ponce de Leon Avenue, San Juan, Puerto Rico 00907-4127; 
Attn: Sergio Bosques. Municipios, including State departments of 
transportation (DOTs), public universities, penitentiaries, military 
installations and similar institutions, must submit an NOI and other 
required information by February 5, 2007. A discharger is not precluded 
from submitting an NOI at a later date. However, EPA may bring 
appropriate enforcement actions. The NOI is found in Appendix C of 
today's general permit and contains the following information:
    (1) Activities by the applicant that require obtaining an NPDES 
permit.
    (Suggestion: This item can be addressed by a statement such as: 
``The Applicant Name operates a municipal separate storm sewer system 
located in (city name)''.)
    (2) Name, mailing address, and location of the facility for which 
the application is submitted.
    (Suggestion: In the context of the MS4 permitting program, this 
item should list the name(s), title(s), affiliation(s), mailing 
address(es), and telephone number(s) of the operator(s) of the MS4(s).)
    (3) Standard Industrial Classification (SIC) Code that reflects the 
service provided by the facility.
    (Suggestion: Generally speaking, the SIC code established by the 
Federal Office of Management and Budget for public administration/
general Federal, State or local government activities is 9199. For 
additional information on SIC codes, check the Occupational Safety and 
Health Administration's Web site at: http://www.osha.gov/cgi-bin/sic/
sicser5.)
    (4) The operator name(s), address(es), telephone number(s), 
ownership status, and status as a Federal, State, local, tribal or 
other public entity.
    (Suggestion: This item should identify the names and titles of the 
primary administrative and/or technical staff contacts for the 
municipal operator(s), if different from item 2.)
    (5) A listing of any permits or construction approvals received or 
applied for under any of the following programs: Resource Conservation 
or Recovery Act; Underground Injection Control under the Safe Drinking 
Water Act; NPDES program under the Clean Water Act; Prevention of 
Significant Deterioration program under the Clean Air Act; 
Nonattainment program under the Clean Air Act; the National Emission 
Standards for Hazardous Air Pollutants preconstruction approval under 
the Clean Air Act, Ocean Dumping Permits under the Marine Protection 
Research and Sanctuaries Act; Dredge or fill permits under section 404 
of the Clean Water Act; or other relevant environmental permits, 
including State permits.
    (6) A topographic map (or other map if a topographic map is 
unavailable) extending one mile beyond the property boundaries of the 
source, depicting the facility and each of its intake and discharge 
structures; each of its hazardous waste treatment, storage, or disposal 
facilities; each well where fluids from the facility are injected 
underground; and those wells, springs, other surface water bodies, and 
drinking water wells listed in public records or otherwise known to the 
applicant in the map area.
    (Suggestion: A map of the storm sewer system(s), showing the 
location of all outfalls and names and location of all waters of the 
United States that receive discharges from those outfalls, is most 
appropriate for fulfilling this requirement. If a map of such detail is 
not available, please include any reasonably available version of such 
a map and a schedule of when such a map will be available. (See 40 CFR 
122.34(b)(3)(ii)(A) for a description of the mapping requirement.))
    (7) A brief description of the nature of the business.
    (Suggestion: In the context of the MS4 permitting program, briefly 
describe the MS4 in terms of its general characteristics, such as: 
capacity, general operation, or other relevant information.)
    The following additional information is required as part of an 
NPDES application from regulated small MS4(s) according to 40 CFR 
122.33(b)(2)(i) and 40 CFR 122.34(d)(1):
    (8) An estimate of the square mileage served by the MS4(s);
    (9) Descriptions of the best management practices (BMPs) to be 
implemented by the applicant or another entity for each of the six 
storm water minimum control measures described in 40 CFR 122.34(b)(1) 
through (b)(6);
    (10) Descriptions of the measurable goals for each BMPs, including 
(as appropriate) the months and years in which the action will be 
taken, including interim milestones and the frequency of the action; 
and
    (11) The person(s) responsible for implementing or coordinating the 
applicant's storm water management program (SWMP).
    (Suggestion: Your description of the SWMP should identify those 
measures that are already in place or are underway, as well as measures 
that remain to be developed or implemented. As the operator of the MS4, 
you have the flexibility to determine the BMPs and measurable goals, 
for each minimum control measure, that are most appropriate for the 
system. It is not required that all BMPs be fully implemented and in 
place at the time of application. As stated in 40 CFR 122.34(a), EPA 
will require full implementation of the applicant's SWMP no later than 
the end of the first permit term (NPDES permits are typically issued 
for a 5 year period). The application package should fully summarize 
the SWMP that is anticipated for the area, and should acknowledge those 
BMPs that remain to be developed, including time lines and milestones 
for implementation.)
    Today's final general permit requires all regulated small MS4s to 
develop and implement a SWMP. Program components include, at a minimum, 
6 minimum measures to address: public education and outreach; public 
involvement; illicit discharge detection and elimination; construction 
site runoff control; post-construction storm water management in new 
development and redevelopment; and pollution prevention and good 
housekeeping of municipal operations. A regulated small MS4 is required 
to submit to CEPD the SWMP, and an electronic copy, including the BMPs 
to be implemented and the measurable goals for each of the minimum 
control measures listed above. After submitting the required NOI within 
February 5, 2007, the SWMP, including the electronic version must be 
submitted within August 3, 2007 to CEPD to the above address.
    After February 5, 2007, all notified Small MS4s will have 180 days 
of their notification to submit an NOI and

[[Page 64954]]

SWMP, including an electronic version of the information. This shall be 
also submitted to the address specified above.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
permit may be obtained between the hours of 8:30 a.m. and 4:30 p.m., 
Monday through Friday, excluding holidays, from: Sergio Bosques, 
Caribbean Environmental Protection Division, Environmental Protection 
Agency, Region 2, Centro Europa Building, Suite 417, 1492 Ponce de Leon 
Avenue, San Juan, Puerto Rico 00907-4127; telephone: 787-977-5838; e-
mail: bosques.sergio@epa.gov.

SUPPLEMENTARY INFORMATION:

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 EPA to develop a 
phased approach to regulate storm water discharges under the NPDES 
program. EPA published a final regulation on the second phase of this 
program on December 9, 1999, in the Federal Register, establishing 
permit application requirements for ``storm water discharges associated 
with municipal separate storm sewer systems in urbanized areas''.
    EPA believes that this Phase 2 rule provides consistency in terms 
of program coverage and requirements for existing and newly designated 
sources. For example, the rule includes most of the municipal donut 
holes, those MS4s located in incorporated places, townships or towns 
with a population under 100,000 that are within Phase I counties. These 
MS4s were not addressed by the NPDES storm water program until the 
Phase 2 rule while MS4s in the surrounding county are addressed. In 
addition, the minimum control measures required in the Phase 2 rule for 
regulated small MS4s are very similar to a number of the permit 
requirements for medium and large MS4s under the storm water program. 
Following the Phase 2 rule, permit requirements for all regulated MS4s 
will require implementation of BMPs.

Organization of Today's Permit

    Today's permit covers storm water discharges from a wide variety of 
conveyances and/or systems within urbanized areas in Puerto Rico. 
Because the conditions which affect the presence of pollutants in storm 
water discharges vary among urbanized areas and watersheds, today's 
general permit provides broad discretion to the permittee to develop 
and implement a storm water management program and meet permit 
conditions. EPA believes that the flexibility provided in today's 
general permit facilitates watershed planning and compliance. Today's 
permit requires storm sewer system map, regulatory mechanism to prevent 
illicit discharges, plan to detect and address non-storm water 
discharges, education and measurable goals.

B. Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

C. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the final construction general permit under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements of this proposed permit are similar to other 
Regional general permits which were previously approved by the Office 
of Management and Budget under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control 
numbers. However, information collection requirements of this proposed 
small municipal separate storm sewer system general permit will be 
submitted to OMB for review and approval and will be published in a 
Federal Register notice.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. The permit issued 
today, however, is not a ``rule'' subject to the requirements of 5 
U.S.C. 553(b) and is therefore not subject to the Regulatory 
Flexibility Act.

E. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on State and local governments and the private 
sector. The permit issued today, however, is not a ``rule'' subject to 
the RFA and is therefore not subject to the requirements of UMRA.

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

    Dated: September 21, 2006.
Carl-Axel P. Soderberg,
Director, Caribbean Environmental Protection Division, Region 2.
 [FR Doc. E6-18643 Filed 11-3-06; 8:45 am]
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