Notice of Approval of Revisions to Delaware's National Pollutant Discharge Elimination System (NPDES) Program, 11874-11875 [E7-4643]

Download as PDF 11874 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices Dr. Kathryn Gallagher, Office of the Science Advisor, Mail Code 8105–R, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 564–1398; fax number: (202) 564–2070, E-mail: Gallagher.kathryn@epa.gov. SUPPLEMENTARY INFORMATION: The mapping of diverse animal, plant, and microbial species genomes using molecular technologies has significantly affected research across all areas of the life sciences. The current understanding of biological systems is rapidly changing in ways previously unimagined and novel applications of this technology have already been commercialized. These advances in genomics are likely to have significant implications for risk assessment policies and regulatory decision making. In 2002, EPA issued its Interim Policy on Genomics (available at https://www.epa.gov/osa/ spc/genomics.htm) that communicated the Agency’s initial approach to using genomics information in risk assessment and decision making. The Interim Policy described genomics as the study of all the genes of a cell or tissue, at the DNA (genotype), mRNA (transcriptome), or protein (proteome) level. While noting that the understanding of genomics is far from established, the Agency stated that such data may be considered in the decision making process, but that these data alone were insufficient as a basis for decisions. Following the release of the Interim Policy, EPA’s Science Policy Council (SPC) created a cross-EPA Genomics Task Force and charged it with examining the broader implications genomics is likely to have on EPA programs and policies. The Genomics Task Force developed a Genomics White Paper entitled ‘‘Potential Implications of Genomics for Regulatory and Risk Assessment Applications at EPA’’ (available at https://www.epa.gov/ osa/genomics.htm). That document identified four areas likely to be influenced by the generation of genomics information within EPA and the submission of such information to EPA: (1) Prioritization of contaminants and contaminated sites; (2) monitoring; (3) reporting provisions; and (4) risk assessment. The Task Force identified the establishment of a framework for analysis and acceptance criteria for genomics information for scientific and regulatory purposes as a critical need. The Task Force recommended that the Agency charge a workgroup to establish such a framework and in doing so consider the performance of assays cprice-sewell on PROD1PC66 with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 15:03 Mar 13, 2007 Jkt 211001 across genomic platforms (e.g., reproducibility, sensitivity, pathway analysis tools) and the criteria for accepting genomics data for use in a risk assessment (e.g., assay validity, biologically meaningful response). In 2004, EPA’s Genomics Technical Framework and Training Workgroups were formed with the responsibility to ensure that the technical framework and training activities build upon the Agency’s Interim Policy on Genomics while continuing to engage other interested parties. Information developed by these workgroups is intended for use by the EPA program offices and regions to determine the applicability of specific genomics information to the evaluation of risks under various statutes. To this end, EPA’s Genomics Technical Workgroup considered all of the ‘‘omics’’ technologies and applications and decided that an interim guidance document on the use of data generated by DNA microarray technology would be most beneficial to the Agency and regulated community at this time. Consequently, this document describes data submission, quality, analysis, management and training considerations for microarray-based assays. It is important to note that microarray technology is rapidly changing, such that methodologies for generating such data and ensuring its quality will likely change; however the need to ensure consistency and quality in generating, analyzing and using the data will not. As the state of the science develops, EPA plans to revisit this guidance as necessary. EPA will consider all peer review and public comments in finalizing its Interim Guidance for Microarray-Based Assays. To obtain additional information, visit: https://www.epa.gov/ osa/spc/genomicsguidance.htm Dated: March 9, 2007. Elizabeth Lee Hofmann, Acting Chief Scientist, Office of the Science Advisor. [FR Doc. E7–4650 Filed 3–13–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8287–5] Notice of Approval of Revisions to Delaware’s National Pollutant Discharge Elimination System (NPDES) Program Environmental Protection Agency (EPA). ACTION: Notice of approval. AGENCY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 SUMMARY: Notice is hereby given of approval of the submittal by the State of Delaware of its new and revised NPDES regulations to maintain consistency with the requirements of the Clean Water Act and its implementing regulations at 40 CFR 122, 123 and 124, as amended. DATES: EPA’s approval is effective on March 14, 2007. FOR FURTHER INFORMATION CONTACT: Evelyn MacKnight, U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, PA 19103, or telephone her at (215) 814– 5717. Copies of materials considered by EPA in its decision are available for review by appointment at U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, PA 19103. Appointments may be made by calling Ms. MacKnight. SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act (CWA) created the NPDES program under which the Administrator of EPA may issue permits for the discharge of pollutants into waters of the United States when consistent with the CWA. Section 402(b) allows States to assume NPDES program responsibilities upon approval by EPA. On April 1, 1974, Delaware was authorized by EPA to administer the NPDES program; the State also received the authority to administer the General Permits program on October 23, 1992. EPA has established a regulation at 40 CFR Part 123 that establishes the requirements for NPDES State Programs. Section 123.62 establishes procedures for the revision of authorized NPDES State Programs. Pursuant to § 123.62(a), a State may initiate a program revision and must keep EPA informed of any proposed modifications to its regulatory authority. On July 28, 2003, the State of Delaware submitted to EPA for review and approval revisions to the regulations implementing the State’s NPDES program. The State made significant revisions to sections 1 through 8 and sections 10 through 14 of its Department of Natural Resources and Environmental Control’s (DNREC) March 15, 1974 Regulations Governing the Control of Water Pollution, which EPA has determined constituted a substantial revision to Delaware’s authorized NPDES program. EPA determined that the State’s submittal was complete on November 19, 2003, with the submittal of a statement from the State’s Attorney General’s office which certified that the regulations were duly adopted pursuant to State law. EPA solicited public comments as to whether it should approve or disapprove the revisions on February 10, 2004 (69 FR 6289) pursuant to E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices cprice-sewell on PROD1PC66 with NOTICES Federal regulations at 40 CFR 123.62(b)(2) . EPA received no comments in response to the public notice. As part of EPA’s obligation under the Endangered Species Act, EPA prepared a biological evaluation to determine if approval of the revised Regulations Governing the Control of Water Pollution will adversely affect threatened and endangered species and their critical habitat in Delaware. The biological evaluation found that EPA’s approval would not adversely affect threatened or endangered species. EPA shared this evaluation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Services and they concurred with EPA’s finding on October 9, 2003 and November 7, 2003, respectively. Regulatory Flexibility Act Based on General Counsel Opinion 78–7 (April 18, 1978) EPA has long considered a determination to approve or deny a State NPDES program submittal to constitute an adjudication because an ‘‘approval,’’ within the meaning of the APA, constitutes a ‘‘license,’’ which, in turn, is the product of an ‘‘adjudication.’’ For this reason, the statutes and Executive Orders that apply to rulemaking action are not applicable here. Among these are provisions of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq. Under the RFA, whenever a Federal agency proposes or promulgates a rule under Section 553 of the Administrative Procedure Act (APA), after being required by that section or any other law to publish a general notice of proposed rulemaking, the Agency must prepare a regulatory flexibility analysis for the rule, unless the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. If the Agency does not certify the rule, the regulatory flexibility analysis must describe and assess the impact of a rule on small entities affected by the rule. Even if this approval of revisions to Delaware’s NPDES program were a rule subject to the RFA, the Agency would certify that approval of the State’s revised NPDES program would not have a significant economic impact on a substantial number of small entities. EPA’s action to approve an NPDES program merely recognizes that the necessary elements of an NPDES program have already been enacted as a matter of State law; it would, therefore, impose no additional obligations upon those subject to the State’s program. Accordingly, the Regional Administrator would certify VerDate Aug<31>2005 15:03 Mar 13, 2007 Jkt 211001 that this approval, even if a rule, would not have a significant economic impact on a substantial number of small entities. Notice of Decision: I hereby provide public notice of the Agency’s approval, pursuant to 40 CFR 123.62, of the State of Delaware’s revisions to its Regulations Governing the Control of Water Pollution, as consistent with the requirements of the Clean Water Act NPDES Program. Dated: February 15, 2007. William T. Wisniewski, Acting Regional Administrator, Region 3. [FR Doc. E7–4643 Filed 3–13–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority March 5, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comment on this information collection should submit comments May 14, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 11875 this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Allison E. Zaleski, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, (202) 395–6466, or via fax at 202–395– 5167, or via the Internet at Allison_E._Zaleski@omb.eop.gov and to Judith-B.Herman@fcc.gov, Federal Communications Commission (FCC), Room 1–B441, 445 12th Street, SW., Washington, DC 20554. To submit your comments by e-mail send them to: PRA@fcc.gov. If you would like to obtain or view a copy of this information collection after the 60 day comment period, you may do so by visiting the FCC PRA Web page at: https://www.fcc.gov/omd/pra. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to PRA@fcc.gov or contact Judith B. Herman at 202–418–0214. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–1062. Title: Schools and Libraries Universal Service Support Mechanism— Notification of Equipment Transfers. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit, not-for-profit institutions, and state, local or tribal government. Number of Respondents: 100 respondents; 100 responses. Estimated Time Per Response: 1 hour. Frequency of Response: On occasion reporting requirement, recordkeeping requirement, and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Total Annual Burden: 100 hours. Annual Cost Burden: N/A. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: The Commission does not request that respondents submit confidential information to the Commission. If the Commission does request respondents to submit information that they believe is confidential, respondents may request confidential treatment of such information under 47 CFR 0.459. Needs and Uses: This collection will be submitted as an extension after this 60 day comment period to Office of Management and Budget (OMB) in order to obtain the full three year clearance. The Commission has adjusted the number of respondents and burden hours to reflect the most current information available. In the event that a participant of the schools and libraries universal service mechanism (also E:\FR\FM\14MRN1.SGM 14MRN1

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[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Pages 11874-11875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4643]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8287-5]


Notice of Approval of Revisions to Delaware's National Pollutant 
Discharge Elimination System (NPDES) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.

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

SUMMARY: Notice is hereby given of approval of the submittal by the 
State of Delaware of its new and revised NPDES regulations to maintain 
consistency with the requirements of the Clean Water Act and its 
implementing regulations at 40 CFR 122, 123 and 124, as amended.

DATES: EPA's approval is effective on March 14, 2007.

FOR FURTHER INFORMATION CONTACT: Evelyn MacKnight, U.S. EPA, Region 3, 
1650 Arch Street, Philadelphia, PA 19103, or telephone her at (215) 
814-5717. Copies of materials considered by EPA in its decision are 
available for review by appointment at U.S. EPA, Region 3, 1650 Arch 
Street, Philadelphia, PA 19103. Appointments may be made by calling Ms. 
MacKnight.

SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act 
(CWA) created the NPDES program under which the Administrator of EPA 
may issue permits for the discharge of pollutants into waters of the 
United States when consistent with the CWA. Section 402(b) allows 
States to assume NPDES program responsibilities upon approval by EPA. 
On April 1, 1974, Delaware was authorized by EPA to administer the 
NPDES program; the State also received the authority to administer the 
General Permits program on October 23, 1992.
    EPA has established a regulation at 40 CFR Part 123 that 
establishes the requirements for NPDES State Programs. Section 123.62 
establishes procedures for the revision of authorized NPDES State 
Programs. Pursuant to Sec.  123.62(a), a State may initiate a program 
revision and must keep EPA informed of any proposed modifications to 
its regulatory authority. On July 28, 2003, the State of Delaware 
submitted to EPA for review and approval revisions to the regulations 
implementing the State's NPDES program. The State made significant 
revisions to sections 1 through 8 and sections 10 through 14 of its 
Department of Natural Resources and Environmental Control's (DNREC) 
March 15, 1974 Regulations Governing the Control of Water Pollution, 
which EPA has determined constituted a substantial revision to 
Delaware's authorized NPDES program. EPA determined that the State's 
submittal was complete on November 19, 2003, with the submittal of a 
statement from the State's Attorney General's office which certified 
that the regulations were duly adopted pursuant to State law. EPA 
solicited public comments as to whether it should approve or disapprove 
the revisions on February 10, 2004 (69 FR 6289) pursuant to

[[Page 11875]]

Federal regulations at 40 CFR 123.62(b)(2) . EPA received no comments 
in response to the public notice.
    As part of EPA's obligation under the Endangered Species Act, EPA 
prepared a biological evaluation to determine if approval of the 
revised Regulations Governing the Control of Water Pollution will 
adversely affect threatened and endangered species and their critical 
habitat in Delaware. The biological evaluation found that EPA's 
approval would not adversely affect threatened or endangered species. 
EPA shared this evaluation with the U.S. Fish and Wildlife Service and 
the National Marine Fisheries Services and they concurred with EPA's 
finding on October 9, 2003 and November 7, 2003, respectively.

Regulatory Flexibility Act Based on General Counsel Opinion 78-7 (April 
18, 1978)

    EPA has long considered a determination to approve or deny a State 
NPDES program submittal to constitute an adjudication because an 
``approval,'' within the meaning of the APA, constitutes a ``license,'' 
which, in turn, is the product of an ``adjudication.'' For this reason, 
the statutes and Executive Orders that apply to rulemaking action are 
not applicable here. Among these are provisions of the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601 et seq. Under the RFA, whenever a 
Federal agency proposes or promulgates a rule under Section 553 of the 
Administrative Procedure Act (APA), after being required by that 
section or any other law to publish a general notice of proposed 
rulemaking, the Agency must prepare a regulatory flexibility analysis 
for the rule, unless the Agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
If the Agency does not certify the rule, the regulatory flexibility 
analysis must describe and assess the impact of a rule on small 
entities affected by the rule. Even if this approval of revisions to 
Delaware's NPDES program were a rule subject to the RFA, the Agency 
would certify that approval of the State's revised NPDES program would 
not have a significant economic impact on a substantial number of small 
entities. EPA's action to approve an NPDES program merely recognizes 
that the necessary elements of an NPDES program have already been 
enacted as a matter of State law; it would, therefore, impose no 
additional obligations upon those subject to the State's program. 
Accordingly, the Regional Administrator would certify that this 
approval, even if a rule, would not have a significant economic impact 
on a substantial number of small entities.
    Notice of Decision: I hereby provide public notice of the Agency's 
approval, pursuant to 40 CFR 123.62, of the State of Delaware's 
revisions to its Regulations Governing the Control of Water Pollution, 
as consistent with the requirements of the Clean Water Act NPDES 
Program.

    Dated: February 15, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region 3.
 [FR Doc. E7-4643 Filed 3-13-07; 8:45 am]
BILLING CODE 6560-50-P
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