State Program Requirements; Approval of Application To Administer Partial National Pollutant Discharge Elimination Program; Oklahoma, 730-732 [2012-31715]
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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
• U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303.
FOR FURTHER INFORMATION CONTACT:
Paula V. Painter at 404/562–8887.
Dated: December 7, 2012.
Anita L. Davis,
Chief, Superfund Enforcement & Information
Management Branch, Superfund Division.
[FR Doc. 2012–31731 Filed 1–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9767–1]
State Program Requirements;
Approval of Application To Administer
Partial National Pollutant Discharge
Elimination Program; Oklahoma
Environmental Protection
Agency.
ACTION: Approval of Oklahoma
Department of Agriculture, Food and
Forestry’s (ODAFF) Agricultural
Pollutant Discharge Elimination System
program under the Clean Water Act.
AGENCY:
On December 20, 2012, the
Regional Administrator for the
Environmental Protection Agency,
Region 6 (EPA) approved the request of
the State of Oklahoma for authorization
of the Agriculture Pollutant Discharge
Elimination System (AgPDES) program
pursuant to Section 402(b) of the Clean
Water Act (CWA or ‘‘the Act’’). The
AgPDES program will be administered
by the Oklahoma Department of
Agriculture, Food and Forestry (ODAFF)
and is a major category partial National
Pollutant Discharge Elimination System
(NPDES) permit program under Section
402(n)(3) of the Act for all discharges of
pollutants into waters of the United
States within ODAFF’s jurisdiction.
DATES: Effective Date: Pursuant to 40
CFR 123.61(c), the AgPDES program
was approved and became effective on
December 20, 2012. As of the date of
program approval, NPDES permitting
authority for those discharges subject to
the AgPDES program transferred from
EPA to ODAFF.
To View or Obtain Copies of
Documents: Copies of ODAFF’s program
approval submission (referred to
throughout this document as ODAFF’s
application) and all other documents in
the Administrative Record are available
for inspection from 9 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays, at EPA Region 6, 1445 Ross
Ave., Dallas, Texas 75202.
A copy of ODAFF’s application is
available online at the EPA Region 6
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SUMMARY:
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web page: https://www.epa.gov/region6/
water/npdes/ok-daff/ A
paper copy of part of all of the State’s
application or any other documents in
the Administrative Record may be
obtained from EPA Region 6 in Dallas
for a cost of .15 cents per page.
FOR FURTHER INFORMATION CONTACT: Ms.
Denise Hamilton at the EPA address
listed above or by calling (214) 665–
2775, FAX (214) 665–2191, email:
Hamilton.Denise@epa.gov.
SUPPLEMENTARY INFORMATION: Section
402 of the CWA created 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(b) requires EPA to authorize
a State to administer an equivalent state
program upon the Governor’s request,
provided the State has appropriate legal
authority and a program sufficient to
meet the Act’s requirements. Major
category partial permit program
approval is provided for under section
402(n)(3) of the CWA. Pursuant to that
Section, EPA may approve a partial
permit program covering a major
category of a State’s discharges if the
program represents a complete permit
program and covers all of the discharges
under the jurisdiction of the agency
seeking approval, and if EPA determines
that the partial program represents a
significant and identifiable part of the
State program required by Section
402(b) of the Act. The Oklahoma
discharges subject to regulation under
the federal NPDES program and the
AgPDES program administered by
ODAFF are discharges associated with
concentrated animal feeding operations
(‘‘CAFO’’), discharges from the
application of biological pesticides or
chemical pesticides that leave a residue,
discharges from silviculture activities,
and discharges of storm water from
agricultural activities. ODAFF does not
have jurisdiction over all discharges
within the State of Oklahoma. A large
portion of the State’s discharges are
covered by the Oklahoma Department of
Environmental Quality’s (ODEQ’s)
approved NPDES program. EPA retains
jurisdiction over discharges to Indian
Country, as defined in 18 U.S.C. 1151,
and over discharges under the
jurisdiction of the Oklahoma
Corporation Commission.
On August 16, 2012, the Governor of
Oklahoma requested NPDES major
category partial permit program
approval and submitted, in accordance
with 40 CFR 123.21 a program
description (including funding,
personnel requirements and
organization, and permit and
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Sfmt 4703
enforcement procedures), a Statement of
Legal Authority, copies of applicable
State statutes and regulations, and a
Memorandum of Agreement (MOA) to
be executed by the Regional
Administrator of EPA Region 6 and the
Commissioner of Agriculture for
ODAFF. ODAFF seeks permitting and
enforcement authority for all discharges
within its jurisdiction. At the request of
EPA, ODAFF made revisions to several
of the program submittal documents and
the last of these revisions was received
by EPA on September 7, 2012. EPA
determined that ODAFF’s August 16th
application for partial program
approval, as amended September 7,
2012, was complete under 40 CFR
123.21 and a letter of completeness was
sent to ODAFF on September 14, 2012.
On September 24, 2012, notice of the
State’s application was published in the
Federal Register (77 FR 58830),
announcing a 45 day public comment
period. Notice was also published in the
Daily Oklahoman and Tulsa World
newspapers on September 25, 2012.
Both an informal public meeting and a
public hearing were held in Oklahoma
City, Oklahoma on October 25, 2012.
The public meeting included a
presentation on Oklahoma’s request for
AgPDES program approval and a
question and answer session. Oral and
written comments for the official record
were accepted at the public hearing,
which was held in accordance with 40
CFR 124.12.
EPA was required to approve
ODAFF’s application within 90 days of
submittal of a complete submission
unless the submittal did not meet the
requirements of Section 402(b) of the
Act and EPA regulations, or EPA and
ODAFF jointly agreed to extend this
deadline. (See 40 CFR 123.2l (d). By
email dated December 4, 2012, EPA and
ODAFF extended the statutory review
period until December 20, 2012.
To obtain program approval, ODAFF
was required to show among other
things that it has authority to issue
permits that comply with the Act,
authority to impose civil and criminal
penalties for permit violations, and
authority to ensure that the public is
given notice and opportunity for a
hearing on each proposed permit.
Authority to approve State programs
is provided to EPA pursuant to Section
402(b) of the CWA. The regulatory
requirements for state program approval
are set forth in 40 CFR part 123. EPA’s
decision to approve the AgPDES
program is based on the requirements of
CWA § 402 and 40 CFR part 123. In
making its decision, EPA considered all
comments and issues raised during the
public comment period, including those
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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
raised at the public hearing. A copy of
the Region’s responses to comments and
ODAFF’s program submittal documents
are available on the EPA Region 6
Internet site: https://www.epa.gov/
region6/water/npdes/ok-daff/
index.html. The comments and public
hearing record are contained in the
administrative record supporting this
notice.
mstockstill on DSK4VPTVN1PROD with
Scope, Transfer of NPDES Authority,
and Summary of the AgPDES Program
A. Scope of the Partial Program
The AgPDES program is a major
category partial permit program in
conformance with the requirements of
Section 402(n)(3) of the CWA. The
program is a complete permit program
for all discharges under ODAFF’s
jurisdiction and represents a significant
and identifiable part of the state
program required by § 402(b) of the
CWA. The Oklahoma discharges subject
to regulation under the federal NPDES
program and the AgPDES program
administered by ODAFF are discharges
associated with concentrated animal
feeding operations (‘‘CAFO’’),
discharges from the application of
biological pesticides or chemical
pesticides that leave a residue,
discharges from silviculture activities,
and discharges of storm water from
agricultural activities.
ODAFF has jurisdiction over all
matters affecting agriculture that have
not been expressly delegated to another
state or federal agency, as set out in the
Oklahoma Agriculture Code, and is
responsible for fully implementing and
enforcing the laws and rules within its
jurisdictional areas of environmental
responsibility. The Oklahoma
Environmental Quality Act gives
ODAFF environmental jurisdiction over
point source discharges from
agricultural crop production and
agricultural services. It also gives the
Agency environmental jurisdiction
specific to the application of pesticides.
ODAFF does not have jurisdiction over
storm water discharges associated with
industrial activity (as defined at 40 CFR
122.26(b)(14) at facilities whose primary
industrial activity is storage of grain,
feed seed, fertilizer, and agriculture
chemicals (e.g., SIC code 4121) and are
thus required by federal regulations to
have a storm water permit. However,
ODAFF’s jurisdiction includes all
discharges at facilities regulated by
ODAFF that only incidentally store
grain, feed seed, fertilizer, and
agriculture chemicals to support the
primary activity of the facility (e.g., feed
storage at a CAFO). ODAFF has
jurisdiction to regulate discharges
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resulting from agricultural and nonagricultural applications of pesticides;
except for discharges from industrial
processes, municipal treatment works,
and municipal and industrial storm
water, for which the Oklahoma
Environmental Quality Act has
expressly delegated jurisdiction to the
Oklahoma Department of Environmental
Quality (ODEQ). ODAFF also has
jurisdiction to regulate discharges
resulting from silvicultural discharges
related to tree growing, planting
management, log transport and log
storage, and other activities, except
those related to wood preservation and
processing regulated pursuant to 40 CFR
part 429 (Timber Products Processing)
and part 436 (Mineral Mining and
Processing), which are regulated by
ODEQ.
Activities that are not within
ODAFF’s environmental jurisdiction
include commercial manufacturers of
fertilizers, grain and feed products, and
chemicals; manufacturing of food and
kindred products, tobacco, paper,
lumber, wood, textile mill and other
agricultural products; slaughterhouses,
except for feedlots at those facilities;
and aquaculture and fish hatcheries.
These exceptions to the Agency’s
jurisdiction include, but are not limited
to, discharges of pollutants and storm
water to waters of the state, surface
impoundments and land application of
wastes and sludge, and other pollution
originating at these facilities.
ODAFF did not seek authority to
regulate discharges to Indian Country,
as defined in 18 U.S.C. 1151. EPA
retains NPDES permitting authority over
Indian Country in the State of
Oklahoma.
B. Transfer of NPDES Authority and
Pending Actions
Authority for all NPDES permitting
activities within the scope of ODAFF’s
jurisdiction have been transferred to the
State. EPA retains on a permanent basis
its authority under section 402(d) of the
CWA to object to AgPDES permits
proposed by ODAFF, and if the
objections are not resolved, to issue
federal NPDES permits for those
discharges. EPA also retains on a
permanent basis independent
enforcement authority to address civil
and/or criminal CWA violations under
§§ 309 and 402(i) of the Act and to file
federal enforcement actions in those
instances in which EPA determines the
State has not taken timely or
appropriate enforcement action.
Pursuant to the MOA between EPA
and ODAFF, ODAFF has taken over
administration of EPA-issued general
permits for those discharges under its
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731
jurisdiction while EPA retains
administration of general permits for
those discharges remaining under EPA
jurisdiction. Dischargers remaining
under EPA jurisdiction include those
discharges to waters in Indian Country
and those discharges under the
jurisdiction of the Oklahoma
Corporation Commission. The transfer
of EPA-issued permits is described in
Section IV.B of the MOA.
The CAFO general permit OKG010000
(discharges from CAFOs) is being
transferred to ODAFF with no
discharges authorized by that permit
remaining under EPA jurisdiction.
OKR12000F (Construction General
Permit—storm water discharges
associated with industrial activity),
OKR05000F (Multi-Sector General
Permit—storm water associated with
construction activities), and OKG87####
(Pesticides General Permit—discharges
associated with application of pesticides
to waters of the United States) are being
partially transferred to ODAFF with
EPA retaining the permits for discharges
remaining under EPA jurisdiction. For
general permits OKR05000F and
OKR12000F, EPA will continue to
administer the permit for discharges
under the jurisdiction of the OCC. For
general permit OKG87####, EPA will
continue to administer the permit for
discharges to Indian Country.
Descriptions of the scope of coverage in
general permits OKG87####,
OKR05000F and OKR12000F are being
changed to reflect the discharges still
being permitted by EPA. ODAFF is
modifying the permit scope of coverage,
Notice of Intent, and reporting
requirements to reflect their assumption
of these permits for those discharges
under the new AgPDES program.
Responsiveness Summary
On September 24, 2012, notice of the
State’s application was published in the
Federal Register (77 FR 58830),
announcing a 45 day public comment
period. EPA Region 6 has considered
and prepared written responses to all
comments received. In response to
comments received and for the sake of
clarification, several wording changes
have been to the Memorandum of
Agreement between EPA and ODAFF. A
revision to Table 3–1 of the Enforcement
Management System, Chapter 3, has
also been made for the sake of
clarification. A copy of the Region’s
responses to comments and the program
documents may be obtained from the
EPA Region 6 Internet site: https://
www.epa.gov/region6/water/npdes/okdaff/ Changes made to the
MOA and to Table 3–1 of the
Enforcement Management System as a
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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
result of comments are marked in
redline/strikeout.
I hereby provide public notice of
EPA’s approval of the State of
Oklahoma’s request for authorization for
ODAFF to administer the AgPDES
program for discharges into navigable
waters within its jurisdiction in
accordance with Section 402(b) of the
CWA and 40 CFR Part 123.
Dated: December 20, 2012.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2012–31715 Filed 1–3–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Board on Radiation and
Worker Health (ABRWH or Advisory
Board), National Institute for
Occupational Safety and Health
(NIOSH)
mstockstill on DSK4VPTVN1PROD with
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC),
announces the following meeting of the
aforementioned committee:
Time and Date: 11:00 a.m.–3:00 p.m.,
February 7, 2013.
Place: Audio Conference Call via FTS
Conferencing. The USA toll-free, dial-in
number is 1–866–659–0537 and the pass
code is 9933701.
Status: Open to the public, but without a
verbal public comment period. Written
comment should be provided to the contact
person below in advance of the meeting.
Background: The Advisory Board was
established under the Energy Employees
Occupational Illness Compensation Program
Act of 2000 to advise the President on a
variety of policy and technical functions
required to implement and effectively
manage the new compensation program. Key
functions of the Advisory Board include
providing advice on the development of
probability of causation guidelines, which
have been promulgated by the Department of
Health and Human Services (HHS) as a final
rule; advice on methods of dose
reconstruction, which have also been
promulgated by HHS as a final rule; advice
on the scientific validity and quality of dose
estimation and reconstruction efforts being
performed for purposes of the compensation
program; and advice on petitions to add
classes of workers to the Special Exposure
Cohort (SEC).
In December 2000, the President delegated
responsibility for funding, staffing, and
operating the Advisory Board to HHS, which
subsequently delegated this authority to the
CDC. NIOSH implements this responsibility
for CDC. The charter was issued on August
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3, 2001, renewed at appropriate intervals,
most recently, August 3, 2011, and will
expire on August 3, 2013.
Purpose: This Advisory Board is charged
with (a) providing advice to the Secretary,
HHS, on the development of guidelines
under Executive Order 13179; (b) providing
advice to the Secretary, HHS, on the
scientific validity and quality of dose
reconstruction efforts performed for this
program; and (c) upon request by the
Secretary, HHS, advising the Secretary on
whether there is a class of employees at any
Department of Energy facility who were
exposed to radiation but for whom it is not
feasible to estimate their radiation dose, and
on whether there is reasonable likelihood
that such radiation doses may have
endangered the health of members of this
class.
Matters To Be Discussed: The agenda for
the conference call includes: General Steel
Industries SEC Petition Board
Recommendation; Review of Responses to
Public Comments from the September 2012
Advisory Board Meeting; Subcommittee and
Work Group Updates; SEC Petition
Evaluations Update for the March 2013
Advisory Board Meeting; Plans for the March
2013 Advisory Board Meeting; and Advisory
Board Correspondence.
The agenda is subject to change as
priorities dictate.
Because there is not an oral public
comment period, written comments may be
submitted. Any written comments received
will be included in the official record of the
meeting and should be submitted to the
contact person below in advance of the
meeting. Contact Person for More
Information: Theodore M. Katz, M.P.A.,
Executive Secretary, NIOSH, CDC, 1600
Clifton Road NE., Mailstop: E–20, Atlanta,
Georgia 30333, Telephone: (513) 533–6800,
Toll Free 1–800–CDC–INFO, Email
ocas@cdc.gov.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Dana Redford,
Acting Director, Management Analysis and
Services Office, Centers for Disease Control
and Prevention.
[FR Doc. 2012–31689 Filed 1–3–13; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Disease, Disability, and Injury
Prevention and Control Special
Emphasis Panel (SEP): Initial Review
The meeting announced below
concerns Identification, Surveillance,
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and Control of Vector-Borne and
Zoonotic Infectious Diseases in Uganda,
Funding Opportunity Announcement
(FOA) CK13–001, initial review.
In accordance with Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC)
announces the aforementioned meeting:
Time and Date: 1:00 p.m.–3:00 p.m.,
February 19, 2013.
Place: Teleconference.
Status: The meeting will be closed to the
public in accordance with provisions set
forth in Section 552b(c)(4) and (6), Title 5
U.S.C., and the Determination of the Director,
Management Analysis and Services Office,
CDC, pursuant to Public Law 92–463.
Matters to be Discussed: The meeting will
include the initial review, discussion, and
evaluation of applications received in
response to ‘‘Identification, Surveillance, and
Control of Vector-Borne and Zoonotic
Infectious Diseases in Uganda, FOA CK13–
001.’’
Contact Person for More Information:
Gregory Anderson, M.S., M.P.H., Scientific
Review Officer, CDC, 1600 Clifton Road NE.,
Mailstop E60, Atlanta, Georgia 30333,
Telephone: (404) 718–8833.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both the Centers for Disease Control and
Prevention, and the Agency for Toxic
Substances and Disease Registry.
Dana Redford,
Acting Director, Management Analysis and
Services Office, Centers for Disease Control
and Prevention.
[FR Doc. 2012–31692 Filed 1–3–13; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Subcommittee on Procedures Review,
Advisory Board on Radiation and
Worker Health (ABRWH), National
Institute for Occupational Safety and
Health (NIOSH)
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC)
announces the following meeting for the
aforementioned subcommittee:
Time and Date: 9:00 a.m.–5:00 p.m.,
February 5, 2013.
Place: Cincinnati Airport Marriott, 2395
Progress Drive, Hebron, Kentucky 41018,
Telephone: (859) 334–4611, Fax: (859) 334–
4619.
Status: Open to the public, but without an
oral public comment period. To access by
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 730-732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31715]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9767-1]
State Program Requirements; Approval of Application To Administer
Partial National Pollutant Discharge Elimination Program; Oklahoma
AGENCY: Environmental Protection Agency.
ACTION: Approval of Oklahoma Department of Agriculture, Food and
Forestry's (ODAFF) Agricultural Pollutant Discharge Elimination System
program under the Clean Water Act.
-----------------------------------------------------------------------
SUMMARY: On December 20, 2012, the Regional Administrator for the
Environmental Protection Agency, Region 6 (EPA) approved the request of
the State of Oklahoma for authorization of the Agriculture Pollutant
Discharge Elimination System (AgPDES) program pursuant to Section
402(b) of the Clean Water Act (CWA or ``the Act''). The AgPDES program
will be administered by the Oklahoma Department of Agriculture, Food
and Forestry (ODAFF) and is a major category partial National Pollutant
Discharge Elimination System (NPDES) permit program under Section
402(n)(3) of the Act for all discharges of pollutants into waters of
the United States within ODAFF's jurisdiction.
DATES: Effective Date: Pursuant to 40 CFR 123.61(c), the AgPDES program
was approved and became effective on December 20, 2012. As of the date
of program approval, NPDES permitting authority for those discharges
subject to the AgPDES program transferred from EPA to ODAFF.
To View or Obtain Copies of Documents: Copies of ODAFF's program
approval submission (referred to throughout this document as ODAFF's
application) and all other documents in the Administrative Record are
available for inspection from 9 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays, at EPA Region 6, 1445 Ross Ave., Dallas,
Texas 75202.
A copy of ODAFF's application is available online at the EPA Region
6 web page: https://www.epa.gov/region6/water/npdes/ok-daff/ A
paper copy of part of all of the State's application or any other
documents in the Administrative Record may be obtained from EPA Region
6 in Dallas for a cost of .15 cents per page.
FOR FURTHER INFORMATION CONTACT: Ms. Denise Hamilton at the EPA address
listed above or by calling (214) 665-2775, FAX (214) 665-2191, email:
Hamilton.Denise@epa.gov.
SUPPLEMENTARY INFORMATION: Section 402 of the CWA created 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(b) requires EPA to authorize a State
to administer an equivalent state program upon the Governor's request,
provided the State has appropriate legal authority and a program
sufficient to meet the Act's requirements. Major category partial
permit program approval is provided for under section 402(n)(3) of the
CWA. Pursuant to that Section, EPA may approve a partial permit program
covering a major category of a State's discharges if the program
represents a complete permit program and covers all of the discharges
under the jurisdiction of the agency seeking approval, and if EPA
determines that the partial program represents a significant and
identifiable part of the State program required by Section 402(b) of
the Act. The Oklahoma discharges subject to regulation under the
federal NPDES program and the AgPDES program administered by ODAFF are
discharges associated with concentrated animal feeding operations
(``CAFO''), discharges from the application of biological pesticides or
chemical pesticides that leave a residue, discharges from silviculture
activities, and discharges of storm water from agricultural activities.
ODAFF does not have jurisdiction over all discharges within the State
of Oklahoma. A large portion of the State's discharges are covered by
the Oklahoma Department of Environmental Quality's (ODEQ's) approved
NPDES program. EPA retains jurisdiction over discharges to Indian
Country, as defined in 18 U.S.C. 1151, and over discharges under the
jurisdiction of the Oklahoma Corporation Commission.
On August 16, 2012, the Governor of Oklahoma requested NPDES major
category partial permit program approval and submitted, in accordance
with 40 CFR 123.21 a program description (including funding, personnel
requirements and organization, and permit and enforcement procedures),
a Statement of Legal Authority, copies of applicable State statutes and
regulations, and a Memorandum of Agreement (MOA) to be executed by the
Regional Administrator of EPA Region 6 and the Commissioner of
Agriculture for ODAFF. ODAFF seeks permitting and enforcement authority
for all discharges within its jurisdiction. At the request of EPA,
ODAFF made revisions to several of the program submittal documents and
the last of these revisions was received by EPA on September 7, 2012.
EPA determined that ODAFF's August 16th application for partial program
approval, as amended September 7, 2012, was complete under 40 CFR
123.21 and a letter of completeness was sent to ODAFF on September 14,
2012. On September 24, 2012, notice of the State's application was
published in the Federal Register (77 FR 58830), announcing a 45 day
public comment period. Notice was also published in the Daily Oklahoman
and Tulsa World newspapers on September 25, 2012. Both an informal
public meeting and a public hearing were held in Oklahoma City,
Oklahoma on October 25, 2012. The public meeting included a
presentation on Oklahoma's request for AgPDES program approval and a
question and answer session. Oral and written comments for the official
record were accepted at the public hearing, which was held in
accordance with 40 CFR 124.12.
EPA was required to approve ODAFF's application within 90 days of
submittal of a complete submission unless the submittal did not meet
the requirements of Section 402(b) of the Act and EPA regulations, or
EPA and ODAFF jointly agreed to extend this deadline. (See 40 CFR
123.2l (d). By email dated December 4, 2012, EPA and ODAFF extended the
statutory review period until December 20, 2012.
To obtain program approval, ODAFF was required to show among other
things that it has authority to issue permits that comply with the Act,
authority to impose civil and criminal penalties for permit violations,
and authority to ensure that the public is given notice and opportunity
for a hearing on each proposed permit.
Authority to approve State programs is provided to EPA pursuant to
Section 402(b) of the CWA. The regulatory requirements for state
program approval are set forth in 40 CFR part 123. EPA's decision to
approve the AgPDES program is based on the requirements of CWA Sec.
402 and 40 CFR part 123. In making its decision, EPA considered all
comments and issues raised during the public comment period, including
those
[[Page 731]]
raised at the public hearing. A copy of the Region's responses to
comments and ODAFF's program submittal documents are available on the
EPA Region 6 Internet site: https://www.epa.gov/region6/water/npdes/ok-daff/. The comments and public hearing record are contained
in the administrative record supporting this notice.
Scope, Transfer of NPDES Authority, and Summary of the AgPDES Program
A. Scope of the Partial Program
The AgPDES program is a major category partial permit program in
conformance with the requirements of Section 402(n)(3) of the CWA. The
program is a complete permit program for all discharges under ODAFF's
jurisdiction and represents a significant and identifiable part of the
state program required by Sec. 402(b) of the CWA. The Oklahoma
discharges subject to regulation under the federal NPDES program and
the AgPDES program administered by ODAFF are discharges associated with
concentrated animal feeding operations (``CAFO''), discharges from the
application of biological pesticides or chemical pesticides that leave
a residue, discharges from silviculture activities, and discharges of
storm water from agricultural activities.
ODAFF has jurisdiction over all matters affecting agriculture that
have not been expressly delegated to another state or federal agency,
as set out in the Oklahoma Agriculture Code, and is responsible for
fully implementing and enforcing the laws and rules within its
jurisdictional areas of environmental responsibility. The Oklahoma
Environmental Quality Act gives ODAFF environmental jurisdiction over
point source discharges from agricultural crop production and
agricultural services. It also gives the Agency environmental
jurisdiction specific to the application of pesticides. ODAFF does not
have jurisdiction over storm water discharges associated with
industrial activity (as defined at 40 CFR 122.26(b)(14) at facilities
whose primary industrial activity is storage of grain, feed seed,
fertilizer, and agriculture chemicals (e.g., SIC code 4121) and are
thus required by federal regulations to have a storm water permit.
However, ODAFF's jurisdiction includes all discharges at facilities
regulated by ODAFF that only incidentally store grain, feed seed,
fertilizer, and agriculture chemicals to support the primary activity
of the facility (e.g., feed storage at a CAFO). ODAFF has jurisdiction
to regulate discharges resulting from agricultural and non-agricultural
applications of pesticides; except for discharges from industrial
processes, municipal treatment works, and municipal and industrial
storm water, for which the Oklahoma Environmental Quality Act has
expressly delegated jurisdiction to the Oklahoma Department of
Environmental Quality (ODEQ). ODAFF also has jurisdiction to regulate
discharges resulting from silvicultural discharges related to tree
growing, planting management, log transport and log storage, and other
activities, except those related to wood preservation and processing
regulated pursuant to 40 CFR part 429 (Timber Products Processing) and
part 436 (Mineral Mining and Processing), which are regulated by ODEQ.
Activities that are not within ODAFF's environmental jurisdiction
include commercial manufacturers of fertilizers, grain and feed
products, and chemicals; manufacturing of food and kindred products,
tobacco, paper, lumber, wood, textile mill and other agricultural
products; slaughterhouses, except for feedlots at those facilities; and
aquaculture and fish hatcheries. These exceptions to the Agency's
jurisdiction include, but are not limited to, discharges of pollutants
and storm water to waters of the state, surface impoundments and land
application of wastes and sludge, and other pollution originating at
these facilities.
ODAFF did not seek authority to regulate discharges to Indian
Country, as defined in 18 U.S.C. 1151. EPA retains NPDES permitting
authority over Indian Country in the State of Oklahoma.
B. Transfer of NPDES Authority and Pending Actions
Authority for all NPDES permitting activities within the scope of
ODAFF's jurisdiction have been transferred to the State. EPA retains on
a permanent basis its authority under section 402(d) of the CWA to
object to AgPDES permits proposed by ODAFF, and if the objections are
not resolved, to issue federal NPDES permits for those discharges. EPA
also retains on a permanent basis independent enforcement authority to
address civil and/or criminal CWA violations under Sec. Sec. 309 and
402(i) of the Act and to file federal enforcement actions in those
instances in which EPA determines the State has not taken timely or
appropriate enforcement action.
Pursuant to the MOA between EPA and ODAFF, ODAFF has taken over
administration of EPA-issued general permits for those discharges under
its jurisdiction while EPA retains administration of general permits
for those discharges remaining under EPA jurisdiction. Dischargers
remaining under EPA jurisdiction include those discharges to waters in
Indian Country and those discharges under the jurisdiction of the
Oklahoma Corporation Commission. The transfer of EPA-issued permits is
described in Section IV.B of the MOA.
The CAFO general permit OKG010000 (discharges from CAFOs) is being
transferred to ODAFF with no discharges authorized by that permit
remaining under EPA jurisdiction. OKR12000F (Construction General
Permit--storm water discharges associated with industrial activity),
OKR05000F (Multi-Sector General Permit--storm water associated with
construction activities), and OKG87
(Pesticides General Permit--discharges associated with application of
pesticides to waters of the United States) are being partially
transferred to ODAFF with EPA retaining the permits for discharges
remaining under EPA jurisdiction. For general permits OKR05000F and
OKR12000F, EPA will continue to administer the permit for discharges
under the jurisdiction of the OCC. For general permit
OKG87, EPA will continue to
administer the permit for discharges to Indian Country. Descriptions of
the scope of coverage in general permits
OKG87, OKR05000F and OKR12000F are
being changed to reflect the discharges still being permitted by EPA.
ODAFF is modifying the permit scope of coverage, Notice of Intent, and
reporting requirements to reflect their assumption of these permits for
those discharges under the new AgPDES program.
Responsiveness Summary
On September 24, 2012, notice of the State's application was
published in the Federal Register (77 FR 58830), announcing a 45 day
public comment period. EPA Region 6 has considered and prepared written
responses to all comments received. In response to comments received
and for the sake of clarification, several wording changes have been to
the Memorandum of Agreement between EPA and ODAFF. A revision to Table
3-1 of the Enforcement Management System, Chapter 3, has also been made
for the sake of clarification. A copy of the Region's responses to
comments and the program documents may be obtained from the EPA Region
6 Internet site: https://www.epa.gov/region6/water/npdes/ok-daff/ Changes made to the MOA and to Table 3-1 of the Enforcement
Management System as a
[[Page 732]]
result of comments are marked in redline/strikeout.
I hereby provide public notice of EPA's approval of the State of
Oklahoma's request for authorization for ODAFF to administer the AgPDES
program for discharges into navigable waters within its jurisdiction in
accordance with Section 402(b) of the CWA and 40 CFR Part 123.
Dated: December 20, 2012.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2012-31715 Filed 1-3-13; 8:45 am]
BILLING CODE 6560-50-P
