[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22891-22895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9926]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9297-8; EPA-HQ-OW-2008-0238]


Modification to 2008 National Pollutant Discharge Elimination 
System (NPDES) General Permit for Stormwater Discharges Associated with 
Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 propose to modify 
the 2008 National Pollutant Discharge Elimination System (NPDES) 
general permits for stormwater discharges associated with construction 
activity in order to extend until January 31, 2012 the expiration date 
of the permit. Hereinafter, these NPDES general permits will be 
referred to as ``permit'' or ``2008 construction general permit'' or 
``2008 CGP.'' This proposed modification would, if finalized, extend 
the three-year permit so that it expires on January 31, 2012 instead of 
June 30, 2011. Prior to this proposed extension, EPA modified the 2008 
CGP in January 2010 to extend the permit by one year, thus making it a 
three-year permit. By Federal law, no NPDES permit may be issued for a 
period that exceeds five years.

DATES: EPA is proposing a modification to its 2008 CGP that would 
extend the permit until January 31, 2012. If the proposed modification 
is finalized, the 2008 CGP would expire on midnight, January 31, 2012, 
instead of June 30, 2011. Comments on EPA's proposal must be postmarked 
by May 25, 2011.

FOR FURTHER INFORMATION CONTACT: Greg Schaner, Water Permits Division, 
Office of Wastewater Management (Mail Code: 4203M), Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., EPA East, Washington, 
DC 20460; telephone number: (202) 564-0721; fax number: (202) 564-6431; 
email address: <a href="/cdn-cgi/l/email-protection#bccfdfd4ddd2d9ce92dbced9dbfcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="87f4e4efe6e9e2f5a9e0f5e2e0c7e2f7e6a9e0e8f1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    If a discharger chooses to apply for coverage under the 2008 CGP, 
the permit provides specific requirements for preventing contamination 
of waterbodies from stormwater discharges from the following 
construction activities:

[[Page 22892]]



------------------------------------------------------------------------
                                                         North American
                                                            Industry
           Category              Examples of affected    Classification
                                       entities          System (NAICS)
                                                              Code
------------------------------------------------------------------------
Industry......................
                                Construction site operators disturbing 1
                                  or more acres of land, or less than 1
                                  acre but part of a larger common plan
                                   of development or sale if the larger
                                  common plan will ultimately disturb 1
                                     acre or more, and performing the
                                          following activities:
                               -----------------------------------------
                                Building, Developing                 233
                                 and General
                                 Contracting.
                                Heavy Construction...                234
------------------------------------------------------------------------

    EPA does not intend the preceding table to be exhaustive, but 
provides it as a guide for readers regarding entities likely to be 
regulated by this action. This table lists the types of activities that 
EPA is now aware of that could potentially be affected by this action. 
Other types of entities not listed in the table could also be affected. 
To determine whether your facility is affected by this action, you 
should carefully examine the definition of ``construction activity'' 
and ``small construction activity'' in existing EPA regulations at 40 
CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed for technical information in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Eligibility for coverage under the 2008 CGP is limited to operators 
of ``new projects'' or ``unpermitted ongoing projects.'' A ``new 
project'' is one that commences after the effective date of the 2008 
CGP. An ``unpermitted ongoing project'' is one that commenced prior to 
the effective date of the 2008 CGP, yet never received authorization to 
discharge under the 2003 CGP or any other NPDES permit covering its 
construction-related stormwater discharges. Construction sites that 
originally obtained permit coverage under the 2003 CGP will continue to 
be covered under that permit. The 2008 CGP is effective only in those 
areas where EPA is the permitting authority. A list of eligible areas 
is included in Appendix B of the 2008 CGP.

B. How can I get copies of this document and other related information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. EPA-HQ-OW-2008-0238. The official public 
docket is the collection of materials that 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., Confidential Business 
Information (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 http://www.epa.gov/fedrgstr/. Electronic versions of the 
final permit and fact sheet are available at EPA's stormwater website 
http://www.epa.gov/npdes/stormwater.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.regulations.gov/fdmspublic/component/main 
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 in the system, select 
``search'', then key in the appropriate docket identification number.
    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 materials through the docket 
facility identified in Section I.B.1.
    Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark all of the information that you 
claim to be CBI. For CBI information on computer disks mailed to EPA, 
mark the surface of the disk as CBI. Also identify electronically the 
specific information contained in the disk or that you claim is CBI. In 
addition to one complete version of the specific information claimed as 
CBI, you must submit a copy that does not contain the information 
claimed as CBI for inclusion in the public document. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR Part 2.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

[[Page 22893]]

C. How and to whom do I submit comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. To ensure that EPA can read, understand, 
and therefore properly respond to comments, the Agency would prefer 
that commenters cite, where possible, the paragraph(s) or section in 
the fact sheet or permit to which each comment refers. Please ensure 
that your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, email address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. In contrast to EPA's electronic public docket, EPA's e-
mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly to the Docket without going through EPA's 
electronic public docket, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket.
    iii. Disk or CD-ROM. These electronic submissions will be accepted 
in Microsoft Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By mail. Send the original and three copies of your comments.
    3. By Hand Delivery or Courier. Such deliveries are only accepted 
during the Docket's normal hours of operation as identified in Section 
I.B.

D. Public Hearings

    EPA has not scheduled any public hearings to receive public comment 
concerning the proposed extension. All persons will continue to have 
the right to provide written comments during the public comment period. 
However, interested persons may request a public hearing pursuant to 40 
CFR 124.12 concerning the proposed extension. Requests for a public 
hearing must be sent or delivered in writing to the same address as 
provided above for public comments prior to the close of the comment 
period. Requests for a public hearing must state the nature of the 
issues proposed to be raised in the hearing. Pursuant to 40 CFR 124.12, 
EPA shall hold a public hearing if it finds, on the basis of requests, 
a significant degree of public interest in a public hearing on the 
proposed extension. If EPA decides to hold a public hearing, a public 
notice of the date, time and place of the hearing will be made at least 
30 days prior to the hearing. Any person may provide written or oral 
statements and data pertaining to the proposed permit at the public 
hearing.

E. Finalizing This Action

    This action will not be finalized until after all significant 
public comments have been considered and addressed. EPA's response to 
public comments received will be included in the docket as part of the 
final action. Once the final permit becomes effective, operators of new 
and unpermitted ongoing construction projects may seek authorization 
under the 2008 CGP prior to the midnight January 31, 2012 expiration 
date.

F. Who are the EPA Regional contacts for this permit?

    For EPA Region 1, contact Jessica Hing at tel.: (617) 918-1560 or 
e-mail at <a href="/cdn-cgi/l/email-protection#9cf4f5f2fbb2f6f9efeff5fffddcf9ecfdb2fbf3ea"><span class="__cf_email__" data-cfemail="553d3c3b327b3f3026263c3634153025347b323a23">[email protected]</span></a>.
    For EPA Region 2, contact Stephen Venezia at tel.: (212) 637-3856 
or e-mail at <a href="/cdn-cgi/l/email-protection#e096858e859a8981ce9394859088858ea0859081ce878f96"><span class="__cf_email__" data-cfemail="6f190a010a15060e411c1b0a1f070a012f0a1f0e41080019">[email protected]</span></a>, or for Puerto Rico, contact 
Sergio Bosques at tel.: (787) 977-5838 or e-mail at 
<a href="/cdn-cgi/l/email-protection#bedcd1cdcfcbdbcd90cddbccd9d7d1fedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="99fbf6eae8ecfceab7eafcebfef0f6d9fce9f8b7fef6ef">[email protected]</span></a>.
    For EPA Region 3, contact Chuck Schadel at tel.: (215) 814-5761 or 
e-mail at <a href="/cdn-cgi/l/email-protection#1467777c757071783a777c61777f547164753a737b62"><span class="__cf_email__" data-cfemail="5427373c353031387a373c21373f143124357a333b22">[email protected]</span></a>.
    For EPA Region 5, contact Brian Bell at tel.: (312) 886-0981 or e-
mail at <a href="/cdn-cgi/l/email-protection#7a181f1616541808131b14193a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="24464148480a46564d454a47644154450a434b52">[email protected]</span></a>.
    For EPA Region 6, contact Suzanna Perea at tel.: (214) 665-7217 or 
e-mail at: <a href="/cdn-cgi/l/email-protection#7000150215115e03050a111e1e111202151e04301500115e171f06"><span class="__cf_email__" data-cfemail="5424312631357a27212e353a3a353626313a20143124357a333b22">[email protected]</span></a>.
    For EPA Region 7, contact Mark Matthews at tel.: (913) 551-7635 or 
e-mail at: <a href="/cdn-cgi/l/email-protection#7914180d0d111c0e0a5714180b12391c0918571e160f"><span class="__cf_email__" data-cfemail="630e0217170b0614104d0e021108230613024d040c15">[email protected]</span></a>.
    For EPA Region 8, contact Amy Clark at tel.: (303) 312-7014 or e-
mail at: <a href="/cdn-cgi/l/email-protection#9dfef1fceff6b3fcf0e4ddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="294a45485b4207484450694c5948074e465f">[email protected]</span></a>.
    For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510 or 
e-mail at <a href="/cdn-cgi/l/email-protection#2446564b4948415d0a415143414a41644154450a434b52"><span class="__cf_email__" data-cfemail="563424393b3a332f783323313338331633263778313920">[email protected]</span></a>.
    For EPA Region 10, contact Misha Vakoc at tel.: (206) 553-6650 or 
e-mail at <a href="/cdn-cgi/l/email-protection#5f293e34303c7132362c373e1f3a2f3e71383029"><span class="__cf_email__" data-cfemail="2c5a4d47434f0241455f444d6c495c4d024b435a">[email protected]</span></a>.

II. Background of Permit

A. Statutory and Regulatory History

    The Clean Water Act (``CWA'') establishes a comprehensive program 
``to restore and maintain the chemical, physical, and biological 
integrity of the Nation's waters.'' 33 U.S.C. 1251(a). The CWA also 
includes the objective of attaining ``water quality which provides for 
the protection and propagation of fish, shellfish and wildlife and * * 
* recreation in and on the water.'' 33 U.S.C. 1251(a)(2)). To achieve 
these goals, the CWA requires EPA to control point source discharges of 
pollutants to waters of the United States through the issuance of 
National Pollutant Discharge Elimination System (``NPDES'') permits.
    The Water Quality Act of 1987 (WQA) added section 402(p) of the 
Clean Water Act (CWA), which directed EPA to develop a phased approach 
to regulate stormwater discharges under the NPDES program. 33 U.S.C. 
1342(p). EPA published a final regulation in the Federal Register, 
often called the ``Phase I Rule'' on November 16, 1990, establishing, 
among other things, permit application requirements for, among other 
things, ``storm water discharges associated with industrial activity.'' 
See 55 FR 47990. EPA defines the term ``storm water discharge 
associated with industrial activity'' in a comprehensive manner to 
cover a wide variety of facilities. See id. Construction activities, 
including activities that are part of a larger common plan of 
development or sale, that ultimately disturb at least five acres of 
land and have point source discharges to waters of the U.S. were 
included in the definition of ``industrial

[[Page 22894]]

activity'' pursuant to 40 CFR 122.26(b)(14)(x). The second rule 
implementing section 402(p), often called the Phase II Rule, was 
published in the Federal Register on December 8, 1999, requires NPDES 
permits for discharges from construction sites disturbing at least one 
acre but less than five acres, including sites that are less than one 
acre but are part of a larger common plan of development or sale that 
will ultimately disturb at least one acre but less than five acres, 
pursuant to 40 CFR 122.26(b)(15)(i). See 64 FR 68722.
    NPDES permits issued for construction stormwater discharges are 
required under Section 402(a)(1) of the CWA to include conditions for 
meeting technology-based effluent limits established under Section 301 
and, where applicable, Section 306. Once an effluent limitations 
guideline or new source performance standard is promulgated in 
accordance with these sections, NPDES permits issued by the NPDES 
permitting authorities must incorporate requirements based on such 
limitations and standards. See 40 CFR 122.44(a)(1). Prior to the 
promulgation of national effluent limitations guidelines and new source 
performance standards, permitting authorities incorporate technology-
based effluent limitations on a best professional judgment basis. CWA 
section 402(a)(1)(B); 40 CFR 125.3(a)(2)(ii)(B).

B. Summary of 2008 CGP

    EPA announced the issuance of the 2008 CGP on July 14, 2008. See 73 
FR 40338. Construction operators choosing to be covered by the 2008 CGP 
must certify in their notice of intent (NOI) that they meet the 
requisite eligibility requirements described in Part 1.3 of the permit. 
If eligible, operators are authorized to discharge under this permit in 
accordance with Part 2. Permittees must install and implement control 
measures to meet the effluent limits applicable to all dischargers in 
Part 3, and must inspect such stormwater controls and repair or modify 
them in accordance with Part 4. The permit in Part 5 requires all 
construction operators to prepare a stormwater pollution prevention 
plan (SWPPP) that identifies all sources of pollution, and describes 
control measures used to minimize pollutants discharged from the 
construction site. Part 6 details the requirements for terminating 
coverage under the permit.
    The 2008 CGP permit provides coverage for discharges from 
construction sites that occur in areas not covered by an approved State 
NPDES program. EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 issued the 
2008 CGP to replace the expired 2003 CGP for operators of new and 
unpermitted ongoing construction projects. The geographic coverage and 
scope of the 2008 CGP is listed in Appendix B of the permit.

C. What Is EPA's rationale for the modification of the 2008 CGP for an 
extension of the expiration date?

    As stated above, EPA proposes to modify the 2008 CGP by extending 
to January 31, 2012 the expiration date of the permit. EPA finds it 
necessary to propose this extension in order to provide sufficient time 
to finalize the new CGP, which will incorporate for the first time new 
effluent limitations guidelines and new source performance standards, 
which EPA promulgated in December 2009. The extension is necessary in 
order to make up for a delay in the issuance process of the new CGP due 
to an error discovered in the December 2009 final rule regarding the 
calculation of the numeric limitation on turbidity. This numeric limit 
has since been stayed by EPA. EPA's proposed extension would provide 
the Agency with sufficient time to account for this delay and to meet 
its other permit issuance obligations.
    NPDES permits issued for construction stormwater discharges are 
required under Section 402(a)(1) of the CWA to include conditions for 
meeting technology-based effluent limits established under Section 301 
and, where applicable, Section 306. Once an effluent limitations 
guideline or new source performance standard is promulgated in 
accordance with these sections, any NPDES permits issued after the 
effective date of these requirements must incorporate limits based on 
such limitations and standards. See 40 CFR 122.44(a)(1). In the case of 
the CGP, EPA promulgated effluent limitations guidelines and new source 
performance standards for the construction and development point source 
category on December 1, 2009 (``C&D rule''), which for the first time 
imposed a set of minimum federal numeric and non-numeric effluent 
limitations on regulated construction sites. See 74 FR 62996 (December 
1, 2009). The C&D rule (located at 40 CFR Part 450) became effective on 
February 1, 2010, thus requiring that any NPDES permit issued after 
this date, whether issued by EPA or an authorized state, must 
incorporate the substantive technology-based requirements of the rule 
into the permit. For the next CGP, this means that EPA must incorporate 
the effective requirements of the C&D rule into the permit.
    Among other requirements, the C&D rule subjected discharges from 
certain larger construction sites to a numeric effluent limitation of 
280 NTU for the pollutant turbidity starting in August of 2011 (for 
sites disturbing 20 or more acres at one time) and February of 2014 
(for sites disturbing 10 or more acres at one time). Subsequent to the 
promulgation of the C&D rule, EPA received two petitions for 
reconsideration of the rule. These petitions pointed out a potential 
error in the calculation of the numeric limitation. Based on EPA's 
examination of the dataset underlying the 280 NTU limit, EPA concluded 
that it improperly interpreted the data and, as a result, the 
calculations in the existing administrative record are no longer 
adequate to support the 280 NTU numeric effluent limitation. In 
response to this finding, EPA finalized a stay of the 280 numeric NTU 
limit and associated monitoring requirements (see 40 CFR 450.22(a)) on 
January 4, 2011, in order to enable the Agency to correct its error in 
calculating the numeric limitation. See 75 FR 68215 (November 5, 2010). 
EPA is currently in the process of initiating a limited rulemaking to 
correct the numeric limitation.
    Preceding the decision to stay the numeric turbidity limit, the 
uncertainty surrounding the error in calculating the 280 NTU limit and 
the appropriate way for EPA to address it, caused a delay of several 
months to the permit issuance process for the new CGP. The result of 
this delay makes it a near certainty that, given even the most 
optimistic timeframe for finalizing the new CGP, EPA will not be able 
to finalize the new CGP by the June 30, 2011 expiration date of the 
2008 CGP. With less than three months remaining before the 2008 CGP 
expires, EPA believes it is impracticable to finalize the new CGP when 
considering the minimum tasks required of the Agency to finalize the 
permit. For instance, EPA has provided 60 days for the public to 
comment on the draft CGP (Refer to other FR Notice), which is typical 
of the amount of time provided for review of similar permits. Depending 
on the type and amount of comments the Agency receives, it is not 
unusual for EPA to take between two to three additional months to 
adequately review and respond to those comments, and to make 
corresponding changes to the permit and fact sheet. In addition to this 
time, EPA is required to complete inter-agency review on the modified 
permit prior to final issuance, which may take up to 90 days, all 
requiring an amount of time that is several months

[[Page 22895]]

beyond the June 30, 2011 expiration of the 2008 CGP.
    EPA was unaware of the present need to extend the expiration date 
of the 2008 CGP when it first modified the 2008 CGP's expiration date 
in January 2010 by one year to June 30, 2011. At that time, EPA was 
under the impression that June 30, 2011 provided sufficient time to 
finalize a new permit incorporating all of the new C&D rule 
requirements. However, with the setback of time related to the stay of 
the 280 NTU limit, EPA needs additional time to complete the permit 
issuance process as explained above. EPA believes that the proposed 
extension to January 31, 2012 will provide the Agency with sufficient 
time to finalize the new CGP.
    EPA believes it is imperative that EPA has sufficient time to 
incorporate the C&D ELG into the new CGP and issue the new CGP prior to 
the existing permit's expiration date. If EPA does not issue the new 
CGP before expiration of the existing permit, no new construction 
projects may be permitted under the CGP, leaving individual NPDES 
permits as the only available option for permitting new projects. The 
sole reliance on individual permits would mean that discharge 
authorizations would almost certainly be delayed due to the greater 
amount of time and Agency resources that are required for developing 
and issuing individual permits. In turn, construction projects that 
need to begin construction activity on or after midnight June 30, 2011 
would be delayed for an uncertain amount of time until EPA can review 
their individual permit application and issue the necessary permits. 
Rather than risk detrimental delays to new construction projects, with 
no clear benefit to our nation's surface waters, EPA has decided that 
it is advisable to instead propose a modification to the 2008 CGP to 
extend the expiration date until January 31, 2012.

D. EPA's Authority To Modify NPDES Permits

    EPA regulations establish when the permitting authority may make 
modifications to existing NPDES permits. In relevant part, EPA 
regulations state that ``[w]hen the Director receives any information * 
* * he or she may determine whether or not one or more of the causes 
listed in paragraph (a) * * * of this section for modification * * * 
exist. If cause exists, the Director may modify * * * the permit 
accordingly, subject to the limitations of 40 CFR 124.5(c).'' 40 CFR 
122.62. For purposes of this Federal Register notice, the relevant 
cause for modification is at 40 CFR 122.62(a)(2), which states that a 
permit may be modified when ``[t]he Director has received new 
information'' and that information was not available at the time of 
permit issuance * * * and would have justified the application of 
different permit conditions at the time of issuance.'' Pursuant to EPA 
regulations, ``[w]hen a permit is modified, only the conditions subject 
to the modification are reopened.'' 40 CFR 122.62.
    In the case of the 2008 CGP, a permit modification is justified 
based on the new information EPA received since it issued the 2008 CGP, 
and more specifically, since it modified the 2008 CGP in January 2010, 
in terms of the delay to the permit process associated with the 
discovery of the numeric limit calculation error and resulting stay to 
the numeric turbidity limit. If this information was available at the 
time of issuance of the 2008 CGP, and more specifically, in January 
2010 when EPA extended the expiration date to June 30, 2011, it would 
have justified EPA establishing an expiration date for the 2008 CGP 
that was later than June 30, 2011. As a result, cause exists under EPA 
regulations to justify modification of the 2008 CGP to extend the 
expiration date of the permit from midnight June 30, 2011 to midnight 
January 31, 2012.
    EPA notes that, by law, NPDES permits cannot be extended beyond 5 
years. 40 CFR 122.46. The proposed extension of the 2008 CGP complies 
with this restriction. The 2008 CGP was first issued on June 30, 2008. 
Assuming the extension of the 2008 CGP is finalized as proposed, the 
permit would still have been in effect for less than the 5-year limit.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: April 12, 2011.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    Dated: April 12, 2011.
Carl-Axel P. Soderberg,
Division Director, Caribbean Environmental Protection Division, EPA 
Region 2.
    Dated: April 12, 2011.
Kevin Bricke,
Acting Director, Division of Environmental Planning & Protection, EPA 
Region 2.
    Dated: April 12, 2011.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.
    Dated: April 12, 2011.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
    Dated: April 12, 2011.
Miguel I. Flores,
Director, Water Quality Protection Division, EPA Region 6.
    Dated: April 12, 2011.
Jamie Green,
Acting Director, Water, Wetlands and Pesticides Division, EPA Region 7.
    Dated: April 11, 2011.
Stephen S. Tuber,
Assistant Regional Administrator, EPA Region 8.
    Dated: April 11, 2011.
Alexis Strauss,
Director, Water Division, EPA Region 9.
    Dated: April 11, 2011
Michael A. Bussell,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2011-9926 Filed 4-22-11; 8:45 am]
BILLING CODE 6560-50-P


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