State Program Requirements; Proposal To Approve Maine's Base National Pollutant Discharge Elimination System (NPDES) Permitting Program, 29747-29748 [2011-12599]
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices
EPA as much time as possible to process
your request.
Dated: May 16, 2011.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. 2011–12598 Filed 5–20–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9309–7]
State Program Requirements; Proposal
To Approve Maine’s Base National
Pollutant Discharge Elimination
System (NPDES) Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
On August 8, 2007, the U.S.
Court of Appeals for the First Circuit
vacated EPA’s October 31, 2003
decision to withhold the permitting of
two tribally owned and operated
treatment works from the Agency’s
approval of the State of Maine’s NPDES
permitting program under the Clean
Water Act. Today, EPA is responding to
the court’s order by proposing to
approve Maine’s NPDES program to
include the permitting of all discharges
within the Indian territories of the
Penobscot Nation and the
Passamaquoddy Tribe.
DATES: Interested persons may submit
comments on the approval of Maine’s
Base NPDES Permitting Program in
these territories as part of the
administrative record to EPA–Region 1,
at the address given below, no later than
midnight through July 22, 2011.
ADDRESSES: Submit comments by one of
the following methods:
• E-mail: Hing.Jessica@epa.gov.
• Mail: Jessica Hing, USEPA–Region
1, 5 Post Office Square—OEP06–04,
Boston, MA 02109–3912.
No facsimiles (faxes) will be accepted.
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
proposed approval of Maine’s program
in these territories may be obtained
between the hours of 9 a.m. and 5 p.m.
Monday through Friday excluding
holidays from: Jessica Hing, USEPA–
Region 1, 5 Post Office Square—OEP06–
04, Boston, MA 02109–3912, Telephone:
617–918–1560, Email:
hing.jessica@epa.gov.
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
On
December 17, 1999, EPA determined
that the State of Maine had submitted a
complete application to administer the
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:22 May 20, 2011
Jkt 223001
NPDES permitting program in the state
under the Clean Water Act (CWA). 33
U.S.C. 1251, et seq., see 64 FR 73552
(Dec. 30, 1999). Maine’s application
included an assertion of authority to
implement the program in the territories
of the federally-recognized Indian tribes
within the state, based on the
jurisdictional provisions of the Maine
Indian Claims Settlement Act (MICSA),
which ratified the Maine Implementing
Act (MIA). 25 U.S.C. 1721, et seq. and
30 M.R.S.A. section 6201, et seq.,
respectively.
On January 12, 2001, EPA approved
the State of Maine’s application to
administer the NPDES program for all
areas of the state other than Indian
country. At that point EPA did not take
any action on Maine’s application to
administer the program within the
territories of the federally-recognized
Indian tribes in Maine. EPA published
notice of its action on February 28,
2001. 66 FR 12791. As described in the
Federal Register, EPA approved the
state’s application to administer both
the NPDES permit program covering
point source dischargers and the
pretreatment program covering
industrial dischargers into publicly
owned treatment works (POTWs). EPA
did not authorize the state to regulate
cooling water intake structures under
CWA section 316(b) (33 U.S.C. 1326(b)).
66 FR at 12792.
2003 Partial Approval of Program in
Indian Territories
On October 31, 2003, EPA approved
the State of Maine’s application to
administer the NPDES program in the
Indian territories of the Penobscot
Indian Nation and the Passamaquoddy
Tribe, with the exception of any
discharges that qualified as ‘‘internal
tribal matters’’ under MICSA and MIA.
68 FR 65052 (Nov. 18, 2003). This
action generally authorized the state to
administer the NPDES program in the
territories of the two largest Indian
tribes in the state, finding that the
combination of MICSA and MIA created
a unique jurisdictional arrangement that
granted the state authority to issue
permits to dischargers. EPA did not
approve the state’s program to regulate
two small tribally-owned and operated
POTWs. EPA determined that these
POTWs qualified as internal tribal
matters and, therefore, fell within an
enumerated exception to the grant of
jurisdiction to the state in MICSA and
MIA. EPA did not take action on the
state’s application as it applied to the
territories of the two smaller federallyrecognized tribes in the state, the
Houlton Band of Maliseet Indians and
the Aroostook Band of Micmac Indians.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
29747
These two tribes are subject to
jurisdictional provisions separate from
those that apply to the Penobscot and
Passamaquoddy tribes. EPA’s 2003
action did address all the Indian
territories that included existing point
source dischargers covered by the
NPDES program.
Appeal and Decision in Maine v.
Johnson
Several parties petitioned for judicial
review of EPA’s 2003 decision partially
approving Maine’s NPDES program in
the Penobscot and Passamaquoddy
Indian territories. The Penobscot Nation
and Passamaquoddy Tribe challenged
EPA’s decision to generally approve the
state to administer the program in their
territories. The State of Maine and a
coalition of public and private NPDES
permit holders challenged EPA’s
decision to disapprove the state’s
program as to the two small tribal
POTWs based on the finding that
permitting those discharges qualified as
an internal tribal matter.
On August 8, 2007, the U.S. Court of
Appeals for the First Circuit issued its
opinion in Maine v. Johnson. 498 F.3d
37. The court held that EPA had
correctly determined that MICSA and
MIA granted the state sufficient
authority to administer the NPDES
permit program in the territories of
these two tribes. The court disagreed
with EPA’s finding, however, that
permitting the two small tribal POTWs
qualified as an internal tribal matter. It
found that
Discharging pollutants into navigable
waters is not of the same character as tribal
elections, tribal membership or other
exemplars [of internal tribal matters] that
relate to the structure of Indian government
or the distribution of tribal property.
Id. at 46. The court affirmed EPA’s
approval of Maine’s NPDES program,
but vacated EPA’s decision to withhold
permitting of the two tribal POTWs, and
remanded the matter back to EPA to
amend the program approval consistent
with its opinion. Id. at 48–49. The
court’s mandate was issued on October
2, 2007.
Program Approval To Address the
Court’s Remand
EPA is proposing to implement the
court’s order by modifying its approval
of Maine’s NPDES program to include
the permitting of all discharges within
the Indian territories of the Penobscot
Nation and Passamaquoddy Tribe.
Additionally, EPA does not plan to
undertake a case-by-case analysis of any
new discharges to determine whether
they qualify as internal tribal matters
under MICSA and MIA. As a result, the
E:\FR\FM\23MYN1.SGM
23MYN1
29748
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices
state would assume responsibility from
EPA for issuing and administering the
permits for the Penobscot Nation Indian
Island treatment works (EPA NPDES
Permit No. ME 0101311 and MEPDES
License No. 2672) and the
Passamaquoddy Tribal Council
treatment works (EPA NPDES Permit
No. 1011773 and MEPDES License No.
2561). Neither tribe has applied to EPA
to implement the NPDES permit
program, so this proposed action would
not address the question of either tribe’s
authority to implement the program.
This proposed action would not
modify the types of activities covered by
Maine’s base program as EPA approved
it in 2001. Thus, the state’s program
would not include regulation of cooling
water intake structures under CWA
section 316(b).
Authority: This action is proposed to be
taken under the authority of Section 402 of
the Clean Water Act as amended, 42 U.S.C.
1342.
Dated: May 9, 2011.
Ira W. Leighton,
Acting Regional Administrator, Region 1.
[FR Doc. 2011–12599 Filed 5–20–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collections Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
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 (PRA) of 1995. 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; (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;
and (e) ways to further reduce the
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:22 May 20, 2011
Jkt 223001
information collection burden for small
business concerns with fewer than 25
employees.
The FCC 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 currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before June 22, 2011. If
you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via e-mail to
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via e-mail to PRA@fcc.gov
and Cathy.Williams@fcc.gov. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review’’, (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the right
of the ‘‘Select Agency’’ box, and (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams on 202–418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0463.
Title: Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and
Speech Disabilities, Report and Order
and Declaratory Ruling, CG Docket No.
03–123, FCC 07–186.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Businesses or other forprofit entities; State, Local and Tribal
Government.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Number of Respondents and
Responses: 5,045 respondents and 5,210
responses.
Estimated Time per Response: 10–15
hours.
Frequency of Response: Annual
reporting requirement; recordkeeping
requirement; third party disclosure.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority can be found at section 225 of
the Communications Act, 47 U.S.C. 225.
The law was enacted on July 26, 1990,
as Title IV of the Americans with
Disabilities Act of 1990, Public Law
101–336, 104 Stat. 327.
Total Annual Burden: 27,397 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On November 19,
2007, the Commission released the
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Report and Order and
Declaratory Ruling (2007 TRS Cost
Recovery Order), CG Docket No. 03–123,
FCC 07–186, adopting (1) A new cost
recovery methodology for interstate
traditional Telecommunications Relay
Services (TRS) and interstate Speech-toSpeech (STS) based on the Multi-state
Average Rate Structure (MARS) plan
proposed by Hamilton Relay, Inc., (2) a
new cost recovery methodology for
interstate captioned telephone service
(CTS) and interstate and intrastate
Internet-Protocol (IP) Captioned
Telephone Service (IP CTS) based on
the MARS plan, (3) a cost recovery
methodology for IP Relay based on price
caps, and (4) a cost recovery
methodology for Video Relay Services
(VRS) that adopts tiered rates based on
call volume. The 2007 TRS Cost
Recovery Order also clarifies the nature
and extent that certain categories of
costs are compensable from the
Interstate TRS Fund (Fund), and
addresses certain issues concerning the
management and oversight of the Fund,
including financial incentives offered to
consumers to make relay calls and the
role of the Interstate TRS Fund Advisory
Council.
The 2007 TRS Cost Recovery Order
establishes reporting requirements
associated with the MARS plan cost
recovery methodology for compensation
from the Fund. Specifically, TRS
providers must submit to the Fund
administrator the following information
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29747-29748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12599]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9309-7]
State Program Requirements; Proposal To Approve Maine's Base
National Pollutant Discharge Elimination System (NPDES) Permitting
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On August 8, 2007, the U.S. Court of Appeals for the First
Circuit vacated EPA's October 31, 2003 decision to withhold the
permitting of two tribally owned and operated treatment works from the
Agency's approval of the State of Maine's NPDES permitting program
under the Clean Water Act. Today, EPA is responding to the court's
order by proposing to approve Maine's NPDES program to include the
permitting of all discharges within the Indian territories of the
Penobscot Nation and the Passamaquoddy Tribe.
DATES: Interested persons may submit comments on the approval of
Maine's Base NPDES Permitting Program in these territories as part of
the administrative record to EPA-Region 1, at the address given below,
no later than midnight through July 22, 2011.
ADDRESSES: Submit comments by one of the following methods:
E-mail: Hing.Jessica@epa.gov.
Mail: Jessica Hing, USEPA-Region 1, 5 Post Office Square--
OEP06-04, Boston, MA 02109-3912.
No facsimiles (faxes) will be accepted.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
proposed approval of Maine's program in these territories may be
obtained between the hours of 9 a.m. and 5 p.m. Monday through Friday
excluding holidays from: Jessica Hing, USEPA-Region 1, 5 Post Office
Square--OEP06-04, Boston, MA 02109-3912, Telephone: 617-918-1560,
Email: hing.jessica@epa.gov.
SUPPLEMENTARY INFORMATION: On December 17, 1999, EPA determined that
the State of Maine had submitted a complete application to administer
the NPDES permitting program in the state under the Clean Water Act
(CWA). 33 U.S.C. 1251, et seq., see 64 FR 73552 (Dec. 30, 1999).
Maine's application included an assertion of authority to implement the
program in the territories of the federally-recognized Indian tribes
within the state, based on the jurisdictional provisions of the Maine
Indian Claims Settlement Act (MICSA), which ratified the Maine
Implementing Act (MIA). 25 U.S.C. 1721, et seq. and 30 M.R.S.A. section
6201, et seq., respectively.
On January 12, 2001, EPA approved the State of Maine's application
to administer the NPDES program for all areas of the state other than
Indian country. At that point EPA did not take any action on Maine's
application to administer the program within the territories of the
federally-recognized Indian tribes in Maine. EPA published notice of
its action on February 28, 2001. 66 FR 12791. As described in the
Federal Register, EPA approved the state's application to administer
both the NPDES permit program covering point source dischargers and the
pretreatment program covering industrial dischargers into publicly
owned treatment works (POTWs). EPA did not authorize the state to
regulate cooling water intake structures under CWA section 316(b) (33
U.S.C. 1326(b)). 66 FR at 12792.
2003 Partial Approval of Program in Indian Territories
On October 31, 2003, EPA approved the State of Maine's application
to administer the NPDES program in the Indian territories of the
Penobscot Indian Nation and the Passamaquoddy Tribe, with the exception
of any discharges that qualified as ``internal tribal matters'' under
MICSA and MIA. 68 FR 65052 (Nov. 18, 2003). This action generally
authorized the state to administer the NPDES program in the territories
of the two largest Indian tribes in the state, finding that the
combination of MICSA and MIA created a unique jurisdictional
arrangement that granted the state authority to issue permits to
dischargers. EPA did not approve the state's program to regulate two
small tribally-owned and operated POTWs. EPA determined that these
POTWs qualified as internal tribal matters and, therefore, fell within
an enumerated exception to the grant of jurisdiction to the state in
MICSA and MIA. EPA did not take action on the state's application as it
applied to the territories of the two smaller federally-recognized
tribes in the state, the Houlton Band of Maliseet Indians and the
Aroostook Band of Micmac Indians. These two tribes are subject to
jurisdictional provisions separate from those that apply to the
Penobscot and Passamaquoddy tribes. EPA's 2003 action did address all
the Indian territories that included existing point source dischargers
covered by the NPDES program.
Appeal and Decision in Maine v. Johnson
Several parties petitioned for judicial review of EPA's 2003
decision partially approving Maine's NPDES program in the Penobscot and
Passamaquoddy Indian territories. The Penobscot Nation and
Passamaquoddy Tribe challenged EPA's decision to generally approve the
state to administer the program in their territories. The State of
Maine and a coalition of public and private NPDES permit holders
challenged EPA's decision to disapprove the state's program as to the
two small tribal POTWs based on the finding that permitting those
discharges qualified as an internal tribal matter.
On August 8, 2007, the U.S. Court of Appeals for the First Circuit
issued its opinion in Maine v. Johnson. 498 F.3d 37. The court held
that EPA had correctly determined that MICSA and MIA granted the state
sufficient authority to administer the NPDES permit program in the
territories of these two tribes. The court disagreed with EPA's
finding, however, that permitting the two small tribal POTWs qualified
as an internal tribal matter. It found that
Discharging pollutants into navigable waters is not of the same
character as tribal elections, tribal membership or other exemplars
[of internal tribal matters] that relate to the structure of Indian
government or the distribution of tribal property.
Id. at 46. The court affirmed EPA's approval of Maine's NPDES
program, but vacated EPA's decision to withhold permitting of the two
tribal POTWs, and remanded the matter back to EPA to amend the program
approval consistent with its opinion. Id. at 48-49. The court's mandate
was issued on October 2, 2007.
Program Approval To Address the Court's Remand
EPA is proposing to implement the court's order by modifying its
approval of Maine's NPDES program to include the permitting of all
discharges within the Indian territories of the Penobscot Nation and
Passamaquoddy Tribe. Additionally, EPA does not plan to undertake a
case-by-case analysis of any new discharges to determine whether they
qualify as internal tribal matters under MICSA and MIA. As a result,
the
[[Page 29748]]
state would assume responsibility from EPA for issuing and
administering the permits for the Penobscot Nation Indian Island
treatment works (EPA NPDES Permit No. ME 0101311 and MEPDES License No.
2672) and the Passamaquoddy Tribal Council treatment works (EPA NPDES
Permit No. 1011773 and MEPDES License No. 2561). Neither tribe has
applied to EPA to implement the NPDES permit program, so this proposed
action would not address the question of either tribe's authority to
implement the program.
This proposed action would not modify the types of activities
covered by Maine's base program as EPA approved it in 2001. Thus, the
state's program would not include regulation of cooling water intake
structures under CWA section 316(b).
Authority: This action is proposed to be taken under the
authority of Section 402 of the Clean Water Act as amended, 42
U.S.C. 1342.
Dated: May 9, 2011.
Ira W. Leighton,
Acting Regional Administrator, Region 1.
[FR Doc. 2011-12599 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P
