State Program Requirements; Application To Administer the National Pollutant Discharge Elimination System (NPDES) Program for Concentrated Animal Feeding Operations (CAFOs); Ohio, 61123-61126 [E8-24175]
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
In any order issued in response to
these requests for cancellation of
TABLE 2.—REGISTRANTS REQUESTING product registrations and for
VOLUNTARY CANCELLATION AND/OR amendments to terminate uses, the
Agency proposes to include the
AMENDMENTS
following provisions for the treatment of
any existing stocks of the products
EPA
Company
Company Name and Address
indentified or referenced in Table 1.
Number
Provided that these stocks bear labels
previously approved by EPA, registrants
769
Value Garden Supply
may sell and distribute existing stocks
9100 W. Bloomington Freeway
of the affected products for 18 months
Suite 113
from the effective date of the Agency’s
Bloomington, MN 55431
termination order.
5887
Value Garden Supply
If the request for voluntary
9100 W. Bloomington Freeway
cancellation and/or use termination is
Suite 113
granted as discussed in this unit, the
Bloomington, MN 55431
Agency intends to issue a cancellation
order that will allow persons other than
5905
Helena Chemical Company
the registrant to continue to sell and/or
225 Schilling Boulevard
Suite 300
use existing stocks of canceled products
Collierville, TN 38017
until such stocks are exhausted,
provided that such use is consistent
34704
Loveland Products, Inc.
with the terms of the previously
7251 W 4th Street (80634)
approved labeling on, or that
P.O. Box 1286
accompanied, the canceled product. The
Greeley, CO 80632–1286
order will specifically prohibit any use
of existing stocks that is not consistent
IV. What is the Agency’s Authority for
with such previously approved labeling.
Taking this Action?
EPA intends to publish the cancellation
Section 6(f)(1) of FIFRA provides that order in the Federal Register after the
a registrant of a pesticide product may
end of the 30–day comment period for
at any time request that any of its
this notice.
pesticide registrations be canceled or
amended to terminate one or more uses. List of Subjects
FIFRA further provides that, before
Environmental protection, Pesticides
acting on the request, EPA must publish and pests, Carbaryl, SEVIN.
a notice of receipt of any such request
Dated: October 1, 2008.
in the Federal Register. Thereafter,
Steven Bradbury,
following the public comment period,
Director, Special Review and Reregistration
the Administrator may approve such a
Division, Office of Pesticide Programs.
request.
Table 2 of this unit includes the
names and addresses of record for the
registrants of the products listed in
Table 1 of this unit.
jlentini on PROD1PC65 with NOTICES
V. Procedures for Withdrawal of
Request and Considerations for
Reregistration of Carbaryl
Registrants who choose to withdraw a
request for cancellation must submit
such withdrawal in writing to the
person listed under FOR FURTHER
INFORMATION CONTACT, postmarked
before November 14, 2008. This written
withdrawal of the request for
cancellation will apply only to the
applicable FIFRA section 6(f)(1) request
listed in this notice. If the products have
been subject to a previous cancellation
action, the effective date of cancellation
and all other provisions of any earlier
cancellation action are controlling.
VI. Provisions for Disposition of
Existing Stocks
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
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[FR Doc. E8–24271 Filed 10–14–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8728–5]
State Program Requirements;
Application To Administer the National
Pollutant Discharge Elimination
System (NPDES) Program for
Concentrated Animal Feeding
Operations (CAFOs); Ohio
Environmental Protection
Agency (EPA).
ACTION: Notice: Proposed approval and
hearing.
AGENCY:
SUMMARY: The State of Ohio has
submitted a request for the
Environmental Protection Agency (EPA)
to approve a revision to the Ohio
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National Pollutant Discharge
Elimination System (NPDES) program to
allow the Ohio Department of
Agriculture (ODA) to administer the
parts of the program pertaining to
concentrated animal feeding operations
(CAFOs) and storm water associated
with construction activity at animal
feeding operations (AFOs) in Ohio. The
Ohio Environmental Protection Agency
(Ohio EPA) currently administers the
Ohio NPDES program in its entirety.
Under the proposed revision, Ohio EPA
would continue to implement all other
aspects of the State’s approved NPDES
program. EPA Region 5 received Ohio’s
request in January 2007. In April and
November 2007, EPA identified 31
technical and legal issues that ODA
needs to resolve before EPA would be
able to approve the ODA program. In a
letter dated September 4, 2008, ODA
committed to pursue specified statutory
and administrative rule changes to
address the issues identified by EPA.
The ODA letter also included proposed
statutory and rule changes beyond the
scope of the changes needed to resolve
the issues raised by EPA. ODA
subsequently provided correct versions
of certain proposed statutory and rule
provisions that were not included with
the September 4 letter. On October 3,
2008, EPA responded to ODA, stating its
belief that enactment and adoption of
the former changes would resolve EPA’s
issues, and that the latter changes
proposed by ODA will not adversely
affect ODA’s authority to administer the
NPDES program. The letter stated that
EPA expects the adopted statutory and
rule changes to be identical to those
submitted with ODA’s September 2008
letters. As a result, EPA proposes to
approve Ohio’s application contingent
on the enactment and adoption of the
former changes, as documented in
ODA’s September 4 letter. Today, EPA
is requesting comment on the State’s
application to have ODA administer the
NPDES program for CAFOs and for
storm water associated with
construction activity at AFOs, and is
providing notice of a public hearing and
comment period on the Agency’s
proposal to approve Ohio’s application.
EPA will either approve or disapprove
the State’s request after considering all
comments it receives. A final decision
to approve the program would be
contingent on Ohio’s enactment and
adoption of the statutory and rule
changes needed to resolve EPA’s issues,
as documented in ODA’s September 4
letter.
The public comment period will
close on December 16. Comments must
DATES:
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be received or postmarked by no later
than 11:59 p.m. on December 16, 2008.
Open House and Public Hearing. An
open house and public hearing will be
held on November 18, 2008. The public
hearing will be conducted in accordance
with 40 CFR 124.12. It will provide
interested parties with the opportunity
to provide written and/or oral
comments for the record. EPA, ODA and
Ohio EPA staff will be available before
the hearing to answer questions during
the open house. The hearing and open
house will be held on November 18,
2008, at the following location: The
Fawcett Center, 2400 Olentangy River
Road, Columbus, Ohio 43210.
The open house will be from 3–5:30
p.m. in the Clinton Room. The Public
Hearing will be held in the auditorium,
from 7 p.m. until all testimony is heard
or 9:30 p.m., whichever is earlier.
Comments. Public comments may be
in either paper or electronic format,
although EPA encourages commenters
to submit their comments electronically
whenever possible. Send all paper copy
comments to: Mr. Matt Gluckman, EPA
Region 5, NPDES Programs Branch,
WN–16J, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Call Mr.
Gluckman at (312) 886–6089 before
hand delivery to verify business hours.
EPA requests that electronic comments
include the commenter’s postal mailing
address. No Confidential Business
Information (CBI) should be submitted.
Submit electronic comments at https://
www.epa.gov/region5/water/npdestek/
odacafo.htm.
To ensure that EPA can read,
understand and therefore properly
respond to comments, the Agency
would prefer that paper comments be
typed or legibly written and that
commenters cite the paragraph(s) or
sections in the notice or supporting
documents to which each comment
refers. Commenters who want EPA to
acknowledge receipt of their comments
should enclose a self-addressed stamped
envelope.
Viewing/Obtaining Copies of
Documents. Copies of Ohio’s
application and all other documents in
the official record are available for
inspection at the following four
locations:
(1) EPA Region 5 office at 77 West
Jackson Boulevard, 16th floor, Chicago,
Illinois. The office hours are 8:45 a.m.
to 4:45 p.m. Monday through Friday,
except federal holidays. Call (312) 886–
6089 to set up an appointment.
(2) ODA’s Livestock Environmental
Permitting Program office in
Reynoldsburg, Ohio, weekdays from 8–
5 p.m. Call (614) 387–0908 to set up an
appointment.
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(3) Auglaize Soil and Water
Conservation District Office (SWCD),
110 Industrial Drive, Suite G, in
Wapakoneta, Ohio. Call (419) 738–4016
to set up an appointment.
(4) Wayne SWCD, 428 West Liberty
St., Wooster, Ohio. Call (330) 262–2836
to set up an appointment.
You may also visit https://www.epa.gov/
region5/water/npdestek/odacafo.htm.
To request the application on compact
disc, call Matt Gluckman at (800) 621–
8431, extension 66089, or (312) 886–
6089. See SUPPLEMENTARY INFORMATION
for additional information.
FOR FURTHER INFORMATION CONTACT: Matt
Gluckman, gluckman.matthew@epa.gov,
at EPA Region 5, NPDES Programs
Branch, WN–16J, 77 West Jackson
Boulevard, Chicago, Illinois 60604, or
(800) 621–8431, extension 66089, or
(312) 886–6089.
SUPPLEMENTARY INFORMATION: Section
402 of the Clean Water Act (CWA)
established the NPDES program under
which EPA may issue permits for the
point source discharge of pollutants to
waters of the United States under
conditions required by the Act. Section
402 also provides that EPA may approve
a state to administer an equivalent state
program, upon the Governor’s request,
provided that the state has appropriate
legal authority and a program sufficient
to meet the Act’s requirements. The
regulations applicable to state NPDES
programs appear at 40 CFR part 123.
They allow states to share
administration of their NPDES programs
among two or more agencies. 40 CFR
123.1(g) and 123.62(c). The CWA and
NPDES regulations can be found at:
https://cfpub.epa.gov/npdes/
regs.cfm?program_id=0. EPA approved
Ohio’s request to implement the NPDES
program on March 11, 1974. That
approval recognized Ohio EPA as the
agency responsible for implementing
the State’s approved program.
Under 40 CFR 123.62(c), states with
approved NPDES programs must notify
EPA whenever they propose to transfer
all or part of any program from the
approved state agency, and must
identify any new division of
responsibilities among the agencies
involved. Under this section the new
agency is not authorized to administer
the program until the Regional
Administrator approves the request. In a
letter dated December 28, 2006, Ohio
Governor Taft requested EPA’s approval
of Ohio’s request to transfer authority to
ODA to run the NPDES program for
CAFOs and storm water associated with
construction activity at AFOs in Ohio.
The State’s request included a program
description, an amendment to the
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Memorandum of Agreement (MOA)
between EPA and the State of Ohio, the
statutes and rules ODA will use to
implement its NPDES program for
CAFOs, a statement of legal authority
from the Ohio Attorney General, and
supporting documentation. The program
description addresses, among other
topics, how Ohio intends to transfer
implementation of the NPDES program
for CAFOs from Ohio EPA to ODA.
EPA Region 5 received Ohio’s request
in January 2007. EPA completed its
review of the application in the fall of
2007. EPA communicated the outcome
of its review in April and November
2007 letters to ODA. The letters
expressed concern regarding five
provisions in ODA’s standards for land
application of manure, litter and process
wastewater. The letters also asked ODA
to clarify or revise 26 provisions of its
legal authority or NPDES permitting
requirements. In a letter dated
September 4, 2008, ODA committed to
pursue specified statutory and rule
changes to address the issues identified
by EPA. ODA’s letter also included
other proposed statutory and regulatory
changes beyond the scope of the
changes needed to resolve the issues
raised by EPA. ODA subsequently
provided correct versions of certain
proposed statutory and rule provisions
that were not included with the
September 4 letter. On October 3, 2008,
EPA responded to ODA, stating its belief
that enactment and adoption of the
changes ODA has committed to pursue
would resolve EPA’s issues, and that the
additional changes proposed by ODA
will not adversely affect ODA’s
authority to administer the NPDES
program.
Following consideration of public
comments and testimony, EPA will
make a final decision regarding the
State’s request in accordance with
section 402(b) of the CWA and 40 CFR
part 123, including 123.62(b). To obtain
EPA approval of this revision to Ohio’s
approved program, the State must show,
among other things, that ODA has the
authority to: (1) Issue proper permits for
CAFOs and storm water discharges from
construction of AFOs, (2) impose civil
and criminal penalties for violations,
and (3) ensure that the public is given
notice and an opportunity for a hearing
on each proposed permit within the
scope of ODA’s jurisdiction. As
discussed above, in this case, final
approval of the State’s request is
contingent on Ohio’s enactment and
adoption of the changes to Ohio law and
administrative rules needed to resolve
EPA’s issues, as documented in ODA’s
September 4 letter. Upon enactment and
adoption of these changes, the State will
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need to provide for EPA’s review an
Attorney General’s statement that has
been updated to reflect the adopted
provisions. Upon review of the adopted
provisions, EPA will request a revised
program description and a revised
MOA, should they be necessary. After
the close of the comment period, the
Regional Administrator for EPA Region
5 will approve or disapprove Ohio’s
request for ODA to implement the
NPDES program for CAFOs based on the
requirements of section 402 of the Act
and 40 CFR part 123. If the Regional
Administrator approves the request, she
will so notify the State and sign the
proposed MOA. Notice would be
published in the Federal Register and,
as of the date of program approval,
authority to issue and enforce NPDES
permits for CAFOs and for constructionrelated stormwater from AFOs in Ohio
would shift from Ohio EPA to ODA in
accordance with the State’s transition
process described in its program
description. If the Regional
Administrator disapproves Ohio’s
request, the State will be notified of the
reasons for disapproval and of any
revisions or modifications to the
program that are necessary to obtain
approval.
Open House. EPA, ODA and Ohio
EPA staff will be available before the
public hearing to answer questions.
Public Hearing Procedures. The
public hearing will be conducted in
accordance with 40 CFR 124.12. It will
provide interested parties with the
opportunity to give written and/or oral
comments for the official record. The
following procedures will be used at the
public hearing. (1) The Presiding Officer
will conduct the hearing in a manner
which will allow all interested persons
wishing to make oral statements an
opportunity to do so; however, the
Presiding Officer may inform attendees
of any time limits during the opening
statement of the hearing. (2) Any person
may submit written statements or
documents for the hearing record. (3)
The Presiding Officer may, in his or her
discretion, exclude oral testimony if
such testimony is overly repetitious of
previous testimony or is not relevant to
the proposal to approve the revision to
the Ohio NPDES program. (4) The
transcript taken at the hearing, together
with copies of all submitted statements
and documents, will become a part of
the record submitted to the Regional
Administrator. (5) Hearing statements
may be oral or written. EPA encourages
submission of written copies of oral
statements for accuracy of the record
and for use of the Hearing Panel and
other interested persons. Persons
wishing to make oral testimony
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supporting their written comments are
encouraged to give a summary of their
points rather than reading lengthy
written comments verbatim into the
record. All comments received by EPA
Region 5 by the deadline for receipt of
comments, or presented at the public
hearing, will be considered by EPA
before taking final action on Ohio’s
request for ODA to implement the
NPDES program for CAFOs.
Summary of Ohio’s Submission. Ohio
has requested to transfer the
responsibility of regulating CAFOs and
storm water associated with
construction of AFOs under the NPDES
program from Ohio EPA to ODA. This
transfer would include, but not be
limited to regulation of manure, litter,
and process wastewater and
construction and industrial storm water
discharges from CAFOs, and
construction-related storm water
discharges from other AFOs. If Ohio’s
request is approved, Ohio EPA would
continue to be responsible for
implementing all other aspects of the
State’s approved NPDES program.
ODA’s proposed program is described in
documents the State has submitted in
accordance with 40 CFR 123.62, which
include the following: A letter from the
Governor requesting approval of the
transfer; a program description outlining
the procedures, personnel and protocols
that will be relied on to implement
ODA’s permitting, compliance and
enforcement program; a revision to the
MOA between EPA and the State of
Ohio; the statutes and rules ODA will
use to implement its NPDES program;
and a statement of legal authority signed
by the Ohio Attorney General that
describes ODA’s authority to implement
a program equivalent to the federal
NPDES program with respect to CAFOs
and storm water associated with
construction of AFOs. The program
description addresses, among other
topics, how Ohio intends to transfer
implementation of the NPDES program
for CAFOs and for storm water
associated with construction at AFOs
from Ohio EPA to ODA. The following
is a summary of these documents:
Governor’s Letter: Ohio’s application
includes a letter dated December 28,
2006, from Governor Bob Taft officially
requesting approval to transfer from
Ohio EPA to ODA the responsibility for
administering and enforcing the NPDES
program for CAFOs in Ohio pursuant to
section 402(b) of the Act and 40 CFR
part 123.
Program Description: Pursuant to 40
CFR 123.62(b), EPA may require that a
proposed revision to a state program
include a modified program description.
The program description must meet the
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61125
minimum requirements of 40 CFR
123.22. It must provide a narrative
description of the scope, structure,
coverage and processes of the state
program; a description of the
organization and structure, staffing and
position descriptions for the lead state
agency; and itemized costs and funding
sources for the program for the first two
years after program approval. It must
describe all applicable state procedures
(including administrative procedures for
the issuance of permits and
administrative or judicial procedures for
their review) and include copies of
forms used in the program. It must
further contain a complete description
of the state’s compliance and
enforcement tracking program. ODA’s
program description includes the
required information.
Memorandum of Agreement (MOA):
Pursuant to 40 CFR 123.62(b), EPA may
require that a proposed revision to a
state program also include a modified
MOA. The MOA must meet the
minimum requirements of 40 CFR
123.24. An MOA is a document signed
by each Agency, committing them to
specific responsibilities relevant to the
administration and enforcement of the
state’s program. An MOA specifies these
responsibilities and provides structure
for the state’s program management and
EPA’s oversight of the state program.
The revised MOA submitted by the
State of Ohio has been signed by the
Directors of ODA and the Ohio EPA.
The Regional Administrator of EPA
Region 5 will sign the document if she
determines that Ohio’s application is
approvable after all comments received
during the comment period have been
considered.
Attorney General’s Statement:
Pursuant to 40 CFR 123.62(b), EPA may
require that a proposed revision to a
state program include an Attorney
General’s Statement. Such statements
must meet the minimum requirements
of 40 CFR 123.23. The Attorney General
must certify that the state has lawfully
adopted statutes and regulations which
provide the state agency with the legal
authority to administer a permitting
program within the scope of its
jurisdiction in compliance with 40 CFR
part 123. The Attorney General’s
Statement from Ohio describes and cites
State legal authority it believes adequate
to authorize ODA to administer the
NPDES program for CAFOs and storm
water associated with construction
activity at AFOs described in the
program description. The Attorney
General’s Statement will need to be
updated to reflect the adopted revisions
to Ohio’s laws and rules. Upon review
of the adopted provisions, EPA will also
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request a revised program description
and a revised MOA, should they be
necessary.
Results of EPA’s Review. EPA
completed its review of Ohio’s
application in the fall of 2007. EPA
communicated the results of its review
in April and November 2007 letters to
ODA. The letters expressed concern
regarding five provisions in ODA’s
standards for land application of
manure, litter and process wastewater.
The letters also asked ODA to clarify or
revise 26 provisions of its legal
authority or NPDES permitting
requirements.
In a letter dated September 4, 2008,
ODA’s Director committed to pursue
specified statutory and rule changes to
address the issues identified by EPA.
The Director’s letter also included other
proposed statutory and rule changes
beyond the scope of the changes needed
to resolve the issues raised by EPA. In
letters dated September 22, 2008, ODA
provided correct versions of certain
proposed statutory and rule provisions
that were not included with the
September 4 letter. EPA believes that
the former changes ODA has committed
to pursue will resolve EPA’s issues, and
that the latter changes will not adversely
affect ODA’s authority to administer the
NPDES program. All of ODA’s proposed
changes were included in the September
4 and 22 letters, and are available for
public review as part of the official
public record.
Status of EPA’s CAFO Rule. EPA is in
the process of revising portions of the
NPDES permitting requirements and
Effluent Limitations Guidelines and
Standards (ELGs) for CAFOs. EPA is
acting in response to the order issued by
the U.S. Court of Appeals for the Second
Circuit in Waterkeeper Alliance et al. v.
EPA, 399 F.3d 486 (2nd Cir. 2005),
vacating or remanding portions of the
2003 rule. Ohio may need to further
revise its NPDES program to implement
these federal revisions when they are
finalized. EPA will provide Ohio the
same time period from the promulgation
date of the revised federal rule to change
its legal authority that EPA provides to
other states with approved NPDES
programs. 40 CFR 123.62(e). This rule
gives states one year where rule changes
are needed and two years where
statutory changes are needed to
incorporate new federal regulations into
state law. This future process is separate
from the process described above
regarding Ohio’s request for ODA to
administer the NPDES program for
CAFOs and for storm water associated
with construction of AFOs.
Public Comment on the Described
Program. Today, EPA is requesting
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comments on Ohio’s request, and
providing notice of a public hearing and
comment period on EPA’s proposal to
approve Ohio’s application in
accordance with 40 CFR 123.62. EPA
wants the citizens of Ohio to understand
the State’s application, and wants to
encourage public participation in the
decisionmaking process. Therefore, EPA
requests that the public review ODA’s
proposed NPDES program for CAFOs
and storm water associated with
construction activity at AFOs, and
provide any comments they feel are
appropriate. EPA will consider all
comments in its decision. EPA will
either approve or disapprove the State’s
request after considering all comments
it receives. EPA expects the adopted
statutory and rule changes to be
identical to those submitted with ODA’s
September 2008 letters.
Authority: This action is taken under the
authority of section 402 of the Clean Water
Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by
the State of Ohio for the Ohio Department of
Agriculture to implement the NPDES
program for CAFOs and storm water
associated with construction activity at
AFOs, in accordance with 40 CFR 123.62.
Dated: October 3, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8–24175 Filed 10–14–08; 8:45 am]
BILLING CODE 6560–50–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Meetings; Sunshine Act
Equal
Employment Opportunity Commission.
DATE AND TIME: Thursday, October 23,
2008, 10 a.m. Eastern Time.
PLACE: Clarence M. Mitchell, Jr.
Conference Room on the Ninth Floor of
the EEOC Office Building, 1801 ‘‘L’’
Street, NW., Washington, DC 20507.
STATUS: The meeting will be open to the
public.
AGENCY HOLDING THE MEETING:
MATTERS TO BE CONSIDERED
Open Session
1. Announcement of Notation Votes,
and
2. Issues Facing Hispanics in the
Federal Workplace—Invited Panelists.
Note: In accordance with the Sunshine Act,
the meeting will be open to public
observation of the Commission’s
deliberations and voting. (In addition to
publishing notices on EEOC Commission
meetings in the Federal Register, the
Commission also provides a recorded
announcement a full week in advance on
future Commission sessions.)
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Please telephone (202) 663–7100 (voice)
and (202) 663–4074 (TTY) at any time for
information on these meetings. The EEOC
provides sign language interpretation at
Commission meetings for the hearing
impaired. Requests for other reasonable
accommodations may be made by using the
voice and TTY numbers listed above. Contact
Person for More Information: Stephen
Llewellyn, Executive Officer, on (202) 663–
4070.
Dated: October 9, 2008.
Stephen Llewellyn,
Executive Officer, Executive Secretariat.
[FR Doc. E8–24609 Filed 10–10–08; 4:15 pm]
BILLING CODE 6570–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System.
SUMMARY:
AGENCY:
Background
On June 15, 1984, the Office of
Management and Budget (OMB)
delegated to the Board of Governors of
the Federal Reserve System (Board) its
approval authority under the Paperwork
Reduction Act (PRA), as per 5 CFR
1320.16, to approve of and assign OMB
control numbers to collection of
information requests and requirements
conducted or sponsored by the Board
under conditions set forth in 5 CFR
1320 Appendix A.1. Board-approved
collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
Paperwork Reduction Act Submission,
supporting statements and approved
collection of information instruments
are placed into OMB’s public docket
files. The Federal Reserve may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
Request for Comment on Information
Collection Proposals
The following information
collections, which are being handled
under this delegated authority, have
received initial Board approval and are
hereby published for comment. At the
end of the comment period, the
proposed information collections, along
with an analysis of comments and
recommendations received, will be
submitted to the Board for final
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61123-61126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24175]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8728-5]
State Program Requirements; Application To Administer the
National Pollutant Discharge Elimination System (NPDES) Program for
Concentrated Animal Feeding Operations (CAFOs); Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice: Proposed approval and hearing.
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SUMMARY: The State of Ohio has submitted a request for the
Environmental Protection Agency (EPA) to approve a revision to the Ohio
National Pollutant Discharge Elimination System (NPDES) program to
allow the Ohio Department of Agriculture (ODA) to administer the parts
of the program pertaining to concentrated animal feeding operations
(CAFOs) and storm water associated with construction activity at animal
feeding operations (AFOs) in Ohio. The Ohio Environmental Protection
Agency (Ohio EPA) currently administers the Ohio NPDES program in its
entirety. Under the proposed revision, Ohio EPA would continue to
implement all other aspects of the State's approved NPDES program. EPA
Region 5 received Ohio's request in January 2007. In April and November
2007, EPA identified 31 technical and legal issues that ODA needs to
resolve before EPA would be able to approve the ODA program. In a
letter dated September 4, 2008, ODA committed to pursue specified
statutory and administrative rule changes to address the issues
identified by EPA. The ODA letter also included proposed statutory and
rule changes beyond the scope of the changes needed to resolve the
issues raised by EPA. ODA subsequently provided correct versions of
certain proposed statutory and rule provisions that were not included
with the September 4 letter. On October 3, 2008, EPA responded to ODA,
stating its belief that enactment and adoption of the former changes
would resolve EPA's issues, and that the latter changes proposed by ODA
will not adversely affect ODA's authority to administer the NPDES
program. The letter stated that EPA expects the adopted statutory and
rule changes to be identical to those submitted with ODA's September
2008 letters. As a result, EPA proposes to approve Ohio's application
contingent on the enactment and adoption of the former changes, as
documented in ODA's September 4 letter. Today, EPA is requesting
comment on the State's application to have ODA administer the NPDES
program for CAFOs and for storm water associated with construction
activity at AFOs, and is providing notice of a public hearing and
comment period on the Agency's proposal to approve Ohio's application.
EPA will either approve or disapprove the State's request after
considering all comments it receives. A final decision to approve the
program would be contingent on Ohio's enactment and adoption of the
statutory and rule changes needed to resolve EPA's issues, as
documented in ODA's September 4 letter.
DATES: The public comment period will close on December 16. Comments
must
[[Page 61124]]
be received or postmarked by no later than 11:59 p.m. on December 16,
2008.
Open House and Public Hearing. An open house and public hearing
will be held on November 18, 2008. The public hearing will be conducted
in accordance with 40 CFR 124.12. It will provide interested parties
with the opportunity to provide written and/or oral comments for the
record. EPA, ODA and Ohio EPA staff will be available before the
hearing to answer questions during the open house. The hearing and open
house will be held on November 18, 2008, at the following location: The
Fawcett Center, 2400 Olentangy River Road, Columbus, Ohio 43210.
The open house will be from 3-5:30 p.m. in the Clinton Room. The Public
Hearing will be held in the auditorium, from 7 p.m. until all testimony
is heard or 9:30 p.m., whichever is earlier.
Comments. Public comments may be in either paper or electronic
format, although EPA encourages commenters to submit their comments
electronically whenever possible. Send all paper copy comments to: Mr.
Matt Gluckman, EPA Region 5, NPDES Programs Branch, WN-16J, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Call Mr. Gluckman at (312)
886-6089 before hand delivery to verify business hours. EPA requests
that electronic comments include the commenter's postal mailing
address. No Confidential Business Information (CBI) should be
submitted. Submit electronic comments at https://www.epa.gov/region5/
water/npdestek/odacafo.htm.
To ensure that EPA can read, understand and therefore properly
respond to comments, the Agency would prefer that paper comments be
typed or legibly written and that commenters cite the paragraph(s) or
sections in the notice or supporting documents to which each comment
refers. Commenters who want EPA to acknowledge receipt of their
comments should enclose a self-addressed stamped envelope.
Viewing/Obtaining Copies of Documents. Copies of Ohio's application
and all other documents in the official record are available for
inspection at the following four locations:
(1) EPA Region 5 office at 77 West Jackson Boulevard, 16th floor,
Chicago, Illinois. The office hours are 8:45 a.m. to 4:45 p.m. Monday
through Friday, except federal holidays. Call (312) 886-6089 to set up
an appointment.
(2) ODA's Livestock Environmental Permitting Program office in
Reynoldsburg, Ohio, weekdays from 8-5 p.m. Call (614) 387-0908 to set
up an appointment.
(3) Auglaize Soil and Water Conservation District Office (SWCD),
110 Industrial Drive, Suite G, in Wapakoneta, Ohio. Call (419) 738-4016
to set up an appointment.
(4) Wayne SWCD, 428 West Liberty St., Wooster, Ohio. Call (330)
262-2836 to set up an appointment.
You may also visit https://www.epa.gov/region5/water/npdestek/
odacafo.htm. To request the application on compact disc, call Matt
Gluckman at (800) 621-8431, extension 66089, or (312) 886-6089. See
SUPPLEMENTARY INFORMATION for additional information.
FOR FURTHER INFORMATION CONTACT: Matt Gluckman,
gluckman.matthew@epa.gov, at EPA Region 5, NPDES Programs Branch, WN-
16J, 77 West Jackson Boulevard, Chicago, Illinois 60604, or (800) 621-
8431, extension 66089, or (312) 886-6089.
SUPPLEMENTARY INFORMATION: Section 402 of the Clean Water Act (CWA)
established the NPDES program under which EPA may issue permits for the
point source discharge of pollutants to waters of the United States
under conditions required by the Act. Section 402 also provides that
EPA may approve a state to administer an equivalent state program, upon
the Governor's request, provided that the state has appropriate legal
authority and a program sufficient to meet the Act's requirements. The
regulations applicable to state NPDES programs appear at 40 CFR part
123. They allow states to share administration of their NPDES programs
among two or more agencies. 40 CFR 123.1(g) and 123.62(c). The CWA and
NPDES regulations can be found at: https://cfpub.epa.gov/npdes/
regs.cfm?program_id=0. EPA approved Ohio's request to implement the
NPDES program on March 11, 1974. That approval recognized Ohio EPA as
the agency responsible for implementing the State's approved program.
Under 40 CFR 123.62(c), states with approved NPDES programs must
notify EPA whenever they propose to transfer all or part of any program
from the approved state agency, and must identify any new division of
responsibilities among the agencies involved. Under this section the
new agency is not authorized to administer the program until the
Regional Administrator approves the request. In a letter dated December
28, 2006, Ohio Governor Taft requested EPA's approval of Ohio's request
to transfer authority to ODA to run the NPDES program for CAFOs and
storm water associated with construction activity at AFOs in Ohio. The
State's request included a program description, an amendment to the
Memorandum of Agreement (MOA) between EPA and the State of Ohio, the
statutes and rules ODA will use to implement its NPDES program for
CAFOs, a statement of legal authority from the Ohio Attorney General,
and supporting documentation. The program description addresses, among
other topics, how Ohio intends to transfer implementation of the NPDES
program for CAFOs from Ohio EPA to ODA.
EPA Region 5 received Ohio's request in January 2007. EPA completed
its review of the application in the fall of 2007. EPA communicated the
outcome of its review in April and November 2007 letters to ODA. The
letters expressed concern regarding five provisions in ODA's standards
for land application of manure, litter and process wastewater. The
letters also asked ODA to clarify or revise 26 provisions of its legal
authority or NPDES permitting requirements. In a letter dated September
4, 2008, ODA committed to pursue specified statutory and rule changes
to address the issues identified by EPA. ODA's letter also included
other proposed statutory and regulatory changes beyond the scope of the
changes needed to resolve the issues raised by EPA. ODA subsequently
provided correct versions of certain proposed statutory and rule
provisions that were not included with the September 4 letter. On
October 3, 2008, EPA responded to ODA, stating its belief that
enactment and adoption of the changes ODA has committed to pursue would
resolve EPA's issues, and that the additional changes proposed by ODA
will not adversely affect ODA's authority to administer the NPDES
program.
Following consideration of public comments and testimony, EPA will
make a final decision regarding the State's request in accordance with
section 402(b) of the CWA and 40 CFR part 123, including 123.62(b). To
obtain EPA approval of this revision to Ohio's approved program, the
State must show, among other things, that ODA has the authority to: (1)
Issue proper permits for CAFOs and storm water discharges from
construction of AFOs, (2) impose civil and criminal penalties for
violations, and (3) ensure that the public is given notice and an
opportunity for a hearing on each proposed permit within the scope of
ODA's jurisdiction. As discussed above, in this case, final approval of
the State's request is contingent on Ohio's enactment and adoption of
the changes to Ohio law and administrative rules needed to resolve
EPA's issues, as documented in ODA's September 4 letter. Upon enactment
and adoption of these changes, the State will
[[Page 61125]]
need to provide for EPA's review an Attorney General's statement that
has been updated to reflect the adopted provisions. Upon review of the
adopted provisions, EPA will request a revised program description and
a revised MOA, should they be necessary. After the close of the comment
period, the Regional Administrator for EPA Region 5 will approve or
disapprove Ohio's request for ODA to implement the NPDES program for
CAFOs based on the requirements of section 402 of the Act and 40 CFR
part 123. If the Regional Administrator approves the request, she will
so notify the State and sign the proposed MOA. Notice would be
published in the Federal Register and, as of the date of program
approval, authority to issue and enforce NPDES permits for CAFOs and
for construction-related stormwater from AFOs in Ohio would shift from
Ohio EPA to ODA in accordance with the State's transition process
described in its program description. If the Regional Administrator
disapproves Ohio's request, the State will be notified of the reasons
for disapproval and of any revisions or modifications to the program
that are necessary to obtain approval.
Open House. EPA, ODA and Ohio EPA staff will be available before
the public hearing to answer questions.
Public Hearing Procedures. The public hearing will be conducted in
accordance with 40 CFR 124.12. It will provide interested parties with
the opportunity to give written and/or oral comments for the official
record. The following procedures will be used at the public hearing.
(1) The Presiding Officer will conduct the hearing in a manner which
will allow all interested persons wishing to make oral statements an
opportunity to do so; however, the Presiding Officer may inform
attendees of any time limits during the opening statement of the
hearing. (2) Any person may submit written statements or documents for
the hearing record. (3) The Presiding Officer may, in his or her
discretion, exclude oral testimony if such testimony is overly
repetitious of previous testimony or is not relevant to the proposal to
approve the revision to the Ohio NPDES program. (4) The transcript
taken at the hearing, together with copies of all submitted statements
and documents, will become a part of the record submitted to the
Regional Administrator. (5) Hearing statements may be oral or written.
EPA encourages submission of written copies of oral statements for
accuracy of the record and for use of the Hearing Panel and other
interested persons. Persons wishing to make oral testimony supporting
their written comments are encouraged to give a summary of their points
rather than reading lengthy written comments verbatim into the record.
All comments received by EPA Region 5 by the deadline for receipt of
comments, or presented at the public hearing, will be considered by EPA
before taking final action on Ohio's request for ODA to implement the
NPDES program for CAFOs.
Summary of Ohio's Submission. Ohio has requested to transfer the
responsibility of regulating CAFOs and storm water associated with
construction of AFOs under the NPDES program from Ohio EPA to ODA. This
transfer would include, but not be limited to regulation of manure,
litter, and process wastewater and construction and industrial storm
water discharges from CAFOs, and construction-related storm water
discharges from other AFOs. If Ohio's request is approved, Ohio EPA
would continue to be responsible for implementing all other aspects of
the State's approved NPDES program. ODA's proposed program is described
in documents the State has submitted in accordance with 40 CFR 123.62,
which include the following: A letter from the Governor requesting
approval of the transfer; a program description outlining the
procedures, personnel and protocols that will be relied on to implement
ODA's permitting, compliance and enforcement program; a revision to the
MOA between EPA and the State of Ohio; the statutes and rules ODA will
use to implement its NPDES program; and a statement of legal authority
signed by the Ohio Attorney General that describes ODA's authority to
implement a program equivalent to the federal NPDES program with
respect to CAFOs and storm water associated with construction of AFOs.
The program description addresses, among other topics, how Ohio intends
to transfer implementation of the NPDES program for CAFOs and for storm
water associated with construction at AFOs from Ohio EPA to ODA. The
following is a summary of these documents:
Governor's Letter: Ohio's application includes a letter dated
December 28, 2006, from Governor Bob Taft officially requesting
approval to transfer from Ohio EPA to ODA the responsibility for
administering and enforcing the NPDES program for CAFOs in Ohio
pursuant to section 402(b) of the Act and 40 CFR part 123.
Program Description: Pursuant to 40 CFR 123.62(b), EPA may require
that a proposed revision to a state program include a modified program
description. The program description must meet the minimum requirements
of 40 CFR 123.22. It must provide a narrative description of the scope,
structure, coverage and processes of the state program; a description
of the organization and structure, staffing and position descriptions
for the lead state agency; and itemized costs and funding sources for
the program for the first two years after program approval. It must
describe all applicable state procedures (including administrative
procedures for the issuance of permits and administrative or judicial
procedures for their review) and include copies of forms used in the
program. It must further contain a complete description of the state's
compliance and enforcement tracking program. ODA's program description
includes the required information.
Memorandum of Agreement (MOA): Pursuant to 40 CFR 123.62(b), EPA
may require that a proposed revision to a state program also include a
modified MOA. The MOA must meet the minimum requirements of 40 CFR
123.24. An MOA is a document signed by each Agency, committing them to
specific responsibilities relevant to the administration and
enforcement of the state's program. An MOA specifies these
responsibilities and provides structure for the state's program
management and EPA's oversight of the state program. The revised MOA
submitted by the State of Ohio has been signed by the Directors of ODA
and the Ohio EPA. The Regional Administrator of EPA Region 5 will sign
the document if she determines that Ohio's application is approvable
after all comments received during the comment period have been
considered.
Attorney General's Statement: Pursuant to 40 CFR 123.62(b), EPA may
require that a proposed revision to a state program include an Attorney
General's Statement. Such statements must meet the minimum requirements
of 40 CFR 123.23. The Attorney General must certify that the state has
lawfully adopted statutes and regulations which provide the state
agency with the legal authority to administer a permitting program
within the scope of its jurisdiction in compliance with 40 CFR part
123. The Attorney General's Statement from Ohio describes and cites
State legal authority it believes adequate to authorize ODA to
administer the NPDES program for CAFOs and storm water associated with
construction activity at AFOs described in the program description. The
Attorney General's Statement will need to be updated to reflect the
adopted revisions to Ohio's laws and rules. Upon review of the adopted
provisions, EPA will also
[[Page 61126]]
request a revised program description and a revised MOA, should they be
necessary.
Results of EPA's Review. EPA completed its review of Ohio's
application in the fall of 2007. EPA communicated the results of its
review in April and November 2007 letters to ODA. The letters expressed
concern regarding five provisions in ODA's standards for land
application of manure, litter and process wastewater. The letters also
asked ODA to clarify or revise 26 provisions of its legal authority or
NPDES permitting requirements.
In a letter dated September 4, 2008, ODA's Director committed to
pursue specified statutory and rule changes to address the issues
identified by EPA. The Director's letter also included other proposed
statutory and rule changes beyond the scope of the changes needed to
resolve the issues raised by EPA. In letters dated September 22, 2008,
ODA provided correct versions of certain proposed statutory and rule
provisions that were not included with the September 4 letter. EPA
believes that the former changes ODA has committed to pursue will
resolve EPA's issues, and that the latter changes will not adversely
affect ODA's authority to administer the NPDES program. All of ODA's
proposed changes were included in the September 4 and 22 letters, and
are available for public review as part of the official public record.
Status of EPA's CAFO Rule. EPA is in the process of revising
portions of the NPDES permitting requirements and Effluent Limitations
Guidelines and Standards (ELGs) for CAFOs. EPA is acting in response to
the order issued by the U.S. Court of Appeals for the Second Circuit in
Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005),
vacating or remanding portions of the 2003 rule. Ohio may need to
further revise its NPDES program to implement these federal revisions
when they are finalized. EPA will provide Ohio the same time period
from the promulgation date of the revised federal rule to change its
legal authority that EPA provides to other states with approved NPDES
programs. 40 CFR 123.62(e). This rule gives states one year where rule
changes are needed and two years where statutory changes are needed to
incorporate new federal regulations into state law. This future process
is separate from the process described above regarding Ohio's request
for ODA to administer the NPDES program for CAFOs and for storm water
associated with construction of AFOs.
Public Comment on the Described Program. Today, EPA is requesting
comments on Ohio's request, and providing notice of a public hearing
and comment period on EPA's proposal to approve Ohio's application in
accordance with 40 CFR 123.62. EPA wants the citizens of Ohio to
understand the State's application, and wants to encourage public
participation in the decisionmaking process. Therefore, EPA requests
that the public review ODA's proposed NPDES program for CAFOs and storm
water associated with construction activity at AFOs, and provide any
comments they feel are appropriate. EPA will consider all comments in
its decision. EPA will either approve or disapprove the State's request
after considering all comments it receives. EPA expects the adopted
statutory and rule changes to be identical to those submitted with
ODA's September 2008 letters.
Authority: This action is taken under the authority of section
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by the State of Ohio for
the Ohio Department of Agriculture to implement the NPDES program
for CAFOs and storm water associated with construction activity at
AFOs, in accordance with 40 CFR 123.62.
Dated: October 3, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8-24175 Filed 10-14-08; 8:45 am]
BILLING CODE 6560-50-P
