Notice Regarding National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel, 10573-10574 [E9-5219]

Download as PDF Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices Dated: February 3, 2009. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. A. General Information [FR Doc. E9–5238 Filed 3–10–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [FRL–8773–4; EPA–HQ–OW–2008–0055] Notice Regarding National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. rwilkins on PROD1PC63 with NOTICES SUMMARY: EPA previously announced the final NPDES general permit for discharges incidental to the normal operation of vessels, also referred to as the Vessel General Permit (VGP), in the Federal Register on December 29, 2008 (73 FR 79493). The permit was signed on December 18, 2008 and became effective on December 19, 2008. EPA subsequently noticed final issuance of the VGP for the states of Hawaii and Alaska, after receipt of a certification pursuant to section 401 of the Clean Water Act (CWA) from Hawaii and a final response on the national consistency determination required by section 307(c)(1) of the Coastal Zone Management Act (CZMA) from Alaska, which was signed on February 2, 2009, with an effective date of February 6, 2009. Today’s notice of availability provides notice of EPA’s deletion of specific State section 401 certification conditions from Part 6 of the VGP for the States of New Jersey, Illinois, and California. FOR FURTHER INFORMATION CONTACT: For further information on the final vessel NPDES general permit, contact Ryan Albert at EPA Headquarters, Office of Water, Office of Wastewater Management, Mail Code 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460; or at tel. 202–564–0763; or Juhi Saxena at EPA Headquarters, Office of Water, Office of Wastewater Management, Mail Code 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460; or at tel. 202–564–0719; or e-mail: CommercialVesselPermit@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 Pursuant to Clean Water Act section 401(a) and EPA’s implementing regulations, EPA may not issue a NPDES permit (including the VGP) until the appropriate State certifications have been granted or waived. 40 CFR 124.53(a). Through the certification process, States were given the opportunity, before the VGP was issued, to add conditions to the permit they believe are necessary to ensure that the permit complies with the Clean Water Act and other appropriate requirements of State law, including State water quality standards. New Jersey Department of Environmental Protection issued its section 401 certification for the VGP on September 24, 2008, and modified its certification on February 2, 2009. This modification deleted certification conditions #1 and #2. Illinois Environmental Protection Agency issued its section 401 certification for the VGP on November 21, 2008, and modified its certification on February 4, 2009. This modification deleted certification condition #9. California State Water Resources Control Board issued its section 401 certification for the VGP on December 17, 2008, and modified its certification on February 4, 2009. This modification deleted certification conditions #1, #2, #5, #7, #8, #9, #10, #13, #14, #15, and 7.1 and 7.2 from certification condition #16 and Attachments 4, 5, and 6 from certification condition #17. Pursuant to EPA’s implementing regulations at 40 CFR 124.55(b), EPA may, at the request of a permittee, modify the VGP based on a modified certification received after final agency action on the permit ‘‘only to the extent necessary to delete any conditions based on a condition in a certification invalidated by a court of competent jurisdiction or by an appropriate State board or agency.’’ 40 CFR 124.55(b). In accordance with this provision, EPA has removed these deleted certification conditions from the VGP.1 EPA’s letters notifying the requesting permittees that their requests to delete the permit conditions were granted, and a copy of the VGP reflecting those deletions, can be found 1 In addition, the regulations at 40 CFR 124.55(b) also require that EPA receive a request from a permittee for the deleted certification conditions to be removed from the permit. EPA received such requests to remove deleted conditions from Express Marine Inc. on February 3, 2009 in New Jersey, Canal Barge Company Inc. on February 4, 2009 in Illinois and from Foss Maritime Company on February 5, 2009 in California. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 10573 in the docket for the VGP (Docket ID No. EPA–HQ–OW–2008–0055).2 B. How Can I Get Copies of These Documents and Other Related Information? 1. Docket. EPA has established an official public docket for this action under Docket ID No. EPA–HQ–OW– 2008–0055. The official public docket is the collection of materials, including the administrative record, for the final permit, required by 40 CFR 124.18. It is available for public viewing at the Water Docket in the EPA Docket Center, (EPA/ DC) EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Although all documents in the docket are listed in an index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Publicly available docket materials are available electronically through www.regulations.gov and in hard copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744 and the telephone number for the Water Docket is (202) 566–2426. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through the Federal Docket Management System (FDMS) found at https://www.regulations.gov. You may use the FDMS to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once at the Web site, enter the appropriate Docket ID No. in the ‘‘Search’’ box to view the docket. Certain types of information will not be placed in the EPA dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA’s electronic public docket. EPA policy is that copyrighted material will not be placed in EPA’s electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket 2 In addition, the permit may be found at https://www.epa.gov/npdes/vessels. E:\FR\FM\11MRN1.SGM 11MRN1 10574 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices materials through the docket facility identified in Section B.1. 1. Authority: Clean Water Act, 33 U.S.C. 1251 et seq. 2. Authority: Clean Water Act, 33 U.S.C. 1251 et seq. 3. Authority: Clean Water Act, 33 U.S.C. 1251 et seq. Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 603– 0522; fax number: (703) 308–7070; email address: clayton.molly@epa.gov. SUPPLEMENTARY INFORMATION: Dated: February 5, 2009. Ronald J. Borsellino, Acting Director, Division of Environmental Planning and Protection, EPA Region 2. Dated: February 5, 2009. Tinka Hyde, Director, Water Division, EPA Region 5. Dated: February 5, 2009. Alexis Strauss, Director, Water Division, EPA Region 9. [FR Doc. E9–5219 Filed 3–10–09; 8:45 am] I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates, the chemical industry, pesticide users, and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2007–0937;FRL–8400–7] Para-dichlorobenzene; Issuance of Revised Reregistration Eligibility Decision rwilkins on PROD1PC63 with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA’s Revised Reregistration Eligibility Decision (RED) for the pesticide para-dichlorobenzene. The Agency’s risk assessments and other related documents also are available in the Para-dichlorobenzene Docket. Para-dichlorobenzene is an insecticide; the majority of its pesticidal use is as a moth repellant to protect garments from insect damage and in and around bird cages for the control of lice and ticks. EPA has reviewed paradichlorobenzene through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. A 60–day public comment period was conducted with the publication of the paradichlorobenzene RED in December 2007. The comments received primarily concerned the episodic ingestion risk estimates. The Agency, in response, revisited the acute oral endpoint selection and agreed that there were no effects attributable to a single dose, and revised the human health risk assessment and the RED accordingly. FOR FURTHER INFORMATION CONTACT: Molly Clayton, Special Review and VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2007-0937. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. Background A. What Action is the Agency Taking? Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA completed a RED for the pesticide, para-dichorobenzene, under section 4(g)(2)(A) of FIFRA. Paradichlorobenzene is an insecticide registered for use on indoor use sites only. It is used as a moth and beetle repellant in products which are applied PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 to use sites such as closets and storage containers, and to repel lice and mites from bird cages. It is also used in empty bee supers (stored indoors), to repel wax moths. When formulated into varpal rope, it is used in attics to repel snakes, mice, rats, squirrels, and bats. EPA has determined that the database to support reregistration is substantially complete and that products containing paradichlorobenzene are eligible for reregistration, provided the risks are mitigated in the manner described in the revised RED. Upon submission of any required product-specific data under section 4(g)(2)(B) of FIFRA and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product-specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) of FIFRA for products containing paradichlorobenzene. The RED document for paradichlorobenzene was signed on September 28, 2007. In accordance with the Agency’s public participation process, a public comment period for the RED was conducted. This comment period opened December 12, 2007, and closed February 11, 2008. The comments received primarily concerned the episodic ingestion risk estimates. The Agency, in response, re-evaluated the acute oral endpoint selection and agreed that there were no effects attributable to a single dose, and revised the human health risk assessment and the RED accordingly. The revisions made to para-dichlorobenzene RED are as follows: The acute oral endpoint and the risk estimate for episodic ingestion of mothballs were removed, as were the mitigation measures relating to episodic ingestion risk; the acute dermal toxicity category was changed from III to IV to correct a typographical error; and Table 6, the Summary of Labeling Changes, was revised to remove the requirement for special packaging of mothballs, and the ‘‘keep out of reach of children’’ language was modified to be consistent with other chemicals with similar warning statements. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency’s Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register on May 14, 2004 (69 FR 26819) (FRL–7357–9), explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10573-10574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5219]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8773-4; EPA-HQ-OW-2008-0055]


Notice Regarding National Pollutant Discharge Elimination System 
(NPDES) General Permit for Discharges Incidental to the Normal 
Operation of a Vessel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: EPA previously announced the final NPDES general permit for 
discharges incidental to the normal operation of vessels, also referred 
to as the Vessel General Permit (VGP), in the Federal Register on 
December 29, 2008 (73 FR 79493). The permit was signed on December 18, 
2008 and became effective on December 19, 2008. EPA subsequently 
noticed final issuance of the VGP for the states of Hawaii and Alaska, 
after receipt of a certification pursuant to section 401 of the Clean 
Water Act (CWA) from Hawaii and a final response on the national 
consistency determination required by section 307(c)(1) of the Coastal 
Zone Management Act (CZMA) from Alaska, which was signed on February 2, 
2009, with an effective date of February 6, 2009. Today's notice of 
availability provides notice of EPA's deletion of specific State 
section 401 certification conditions from Part 6 of the VGP for the 
States of New Jersey, Illinois, and California.

FOR FURTHER INFORMATION CONTACT: For further information on the final 
vessel NPDES general permit, contact Ryan Albert at EPA Headquarters, 
Office of Water, Office of Wastewater Management, Mail Code 4203M, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; or at tel. 202-564-0763; 
or Juhi Saxena at EPA Headquarters, Office of Water, Office of 
Wastewater Management, Mail Code 4203M, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; or at tel. 202-564-0719; or e-mail: 
CommercialVesselPermit@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. General Information

    Pursuant to Clean Water Act section 401(a) and EPA's implementing 
regulations, EPA may not issue a NPDES permit (including the VGP) until 
the appropriate State certifications have been granted or waived. 40 
CFR 124.53(a). Through the certification process, States were given the 
opportunity, before the VGP was issued, to add conditions to the permit 
they believe are necessary to ensure that the permit complies with the 
Clean Water Act and other appropriate requirements of State law, 
including State water quality standards.
    New Jersey Department of Environmental Protection issued its 
section 401 certification for the VGP on September 24, 2008, and 
modified its certification on February 2, 2009. This modification 
deleted certification conditions 1 and 2. Illinois 
Environmental Protection Agency issued its section 401 certification 
for the VGP on November 21, 2008, and modified its certification on 
February 4, 2009. This modification deleted certification condition 
9. California State Water Resources Control Board issued its 
section 401 certification for the VGP on December 17, 2008, and 
modified its certification on February 4, 2009. This modification 
deleted certification conditions 1, 2, 5, 
7, 8, 9, 10, 13, 
14, 15, and 7.1 and 7.2 from certification condition 
16 and Attachments 4, 5, and 6 from certification condition 
17. Pursuant to EPA's implementing regulations at 40 CFR 
124.55(b), EPA may, at the request of a permittee, modify the VGP based 
on a modified certification received after final agency action on the 
permit ``only to the extent necessary to delete any conditions based on 
a condition in a certification invalidated by a court of competent 
jurisdiction or by an appropriate State board or agency.'' 40 CFR 
124.55(b). In accordance with this provision, EPA has removed these 
deleted certification conditions from the VGP.\1\ EPA's letters 
notifying the requesting permittees that their requests to delete the 
permit conditions were granted, and a copy of the VGP reflecting those 
deletions, can be found in the docket for the VGP (Docket ID No. EPA-
HQ-OW-2008-0055).\2\
---------------------------------------------------------------------------

    \1\ In addition, the regulations at 40 CFR 124.55(b) also 
require that EPA receive a request from a permittee for the deleted 
certification conditions to be removed from the permit. EPA received 
such requests to remove deleted conditions from Express Marine Inc. 
on February 3, 2009 in New Jersey, Canal Barge Company Inc. on 
February 4, 2009 in Illinois and from Foss Maritime Company on 
February 5, 2009 in California.
    \2\ In addition, the permit may be found at https://www.epa.gov/
npdes/vessels.
---------------------------------------------------------------------------

B. How Can I Get Copies of These Documents and Other Related 
Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. EPA-HQ-OW-2008-0055. The official public 
docket is the collection of materials, including the administrative 
record, for the final permit, required by 40 CFR 124.18. It is 
available for public viewing at the Water Docket in the EPA Docket 
Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC 20460. Although all documents in the docket are listed 
in an index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Publicly 
available docket materials are available electronically through 
www.regulations.gov and in hard copy at the EPA Docket Center Public 
Reading Room, open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744 and the telephone number for the Water Docket is 
(202) 566-2426.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr/.

An electronic version of the public docket is available through the 
Federal Docket Management System (FDMS) found at https://
www.regulations.gov. You may use the FDMS to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Once at the Web site, enter the appropriate Docket ID 
No. in the ``Search'' box to view the docket.
    Certain types of information will not be placed in the EPA dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket

[[Page 10574]]

materials through the docket facility identified in Section B.1.
    1. Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    2. Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    3. Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: February 5, 2009.
Ronald J. Borsellino,
Acting Director, Division of Environmental Planning and Protection, EPA 
Region 2.
    Dated: February 5, 2009.
Tinka Hyde,
Director, Water Division, EPA Region 5.
    Dated: February 5, 2009.
Alexis Strauss,
Director, Water Division, EPA Region 9.
[FR Doc. E9-5219 Filed 3-10-09; 8:45 am]
BILLING CODE 6560-50-P
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