70684 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 

of the Lower Manhattan community and 

labor organizations; therefore, EPA is 

now extending the public comment 

period until January 18, 2005. EPA will 

consider the public comment 

submissions in revising the document.

DATES: The public comment period will 

end on January 18, 2005. Technical 

comments should be in writing and 

must be postmarked by January 18, 

2005.

ADDRESSES: The External Review Draft, 

Draft Proposed Sampling Program to 

Determine Extent of World Trade Center 

Impacts to the Indoor Environment, is 

available via the Internet on the Web 

page of the World Trade Center (WTC) 

Expert Technical Review Panel, http://

www.epa.gov/wtc/panel/. Comments 

may be submitted electronically, by 

mail, by facsimile or by hand delivery/

courier. Please follow the detailed 

instructions as provided in the 

Supplementary Information section 

below.

FOR FURTHER INFORMATION CONTACT: For 

further information on the draft 

sampling proposal, please contact 

Matthew Lorber at (202) 564–3243 or 

lorber.matthew@epa.gov. For further 

information regarding the WTC Expert 

Technical Review Panel, please contact 

Lisa Matthews at (202) 564–6669 or 

matthews.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: 

1. How to Submit Information to EDocket: EPA has established an official 

public docket for information pertaining 

to this action, Docket ID No. ORD–

2004–0003. The official public docket is 

the collection of materials, excluding 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute, that is available for 

public viewing at the Office of 

Environmental Information (OEI) Docket 

in the Headquarters EPA Docket Center 

(EPA/DC), EPA West Building, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is 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 OEI 

Docket is (202) 566–1752; facsimile: 

(202) 566–1753; or e-mail: 

ORD.Docket@epa.gov. 

An electronic version of the official 

public docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, to 

access the index listing of the contents 

of the official public docket, and to view 

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 EPA Dockets. As indicated 

above, information claimed as CBI and 

other information whose disclosure is 

restricted by statute is not included in 

the official public docket; the same 

information will not be available for 

public viewing in EPA Dockets. 

Copyrighted material also will not be 

placed in EPA Dockets but will be 

referenced there and available as 

printed material in the official public 

docket. 

Persons submitting information 

should note that EPA’s policy makes the 

information available as received and at 

no charge for public viewing in EPA 

Dockets. This policy applies to 

information submitted electronically or 

in paper, except where restricted by 

copyright, CBI or statute. 

Unless restricted as above, 

information submitted on computer 

disks that are mailed or delivered to the 

docket will be transferred to EPA 

Dockets. Physical objects will be 

photographed, where practical, and the 

photograph will be placed in EPA 

Dockets along with a brief description 

written by the docket staff. 

You may submit information 

electronically, by mail, by facsimile or 

by hand delivery/ courier. To ensure 

proper receipt by EPA, include the 

appropriate docket identification 

number with your submission. Please 

adhere to the specified submitting 

period. Information received or 

submitted past the close date will be 

marked ‘‘late’’ and will only be 

considered if time permits. 

If you submit information 

electronically, EPA recommends that 

you include your name, mailing 

address, and an e-mail address or other 

details for contacting you. Also include 

these contact details 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 person submitting 

the information and allows EPA to 

contact you in case the Agency cannot 

read what you submit due to technical 

difficulties or needs to clarify issues 

raised by what you submit. If EPA 

cannot read what you submit due to 

technical difficulties and cannot contact 

you for clarification, this situation may 

delay or prevent the Agency’s 

consideration of the information. 

To access EPA’s electronic public 

docket from the EPA Internet Home 

Page, select ‘‘Information Sources,’’

‘‘Dockets,’’ and ‘‘EPA Dockets.’’ Once in 

the system, select ‘‘search,’’ and then 

key in Docket ID No. ORD–2004–0003. 

The system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address or 

other contact details unless you provide 

it with the information you submit. 

Information may be sent by electronic 

mail (e-mail) to ORD.Docket@epa.gov, 

Attention Docket ID No. ORD–2004–

0003. 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 directly to the 

docket without going through EPA’s 

electronic public docket, EPA’s e-mail 

system automatically captures your email address, and it becomes part of the 

information in the official public docket 

and is made available in EPA’s 

electronic public docket. 

You may submit information on a 

disk or CD ROM that you mail to the 

OEI Docket mailing address. Files will 

be accepted in WordPerfect, Word or 

ASCII file format. Avoid the use of 

special characters and any form of 

encryption. 

If you provide information in writing, 

please submit one unbound original, 

with pages numbered consecutively, 

and three copies. For attachments, 

provide an index, number pages 

consecutively with the main text, and 

submit an unbound original and three 

copies.

Dated: December 2, 2004. 

William H. Farland, 

Acting Deputy Assistant Administrator for 

Science, EPA Office of Research and 

Development.

[FR Doc. 04–26815 Filed 12–6–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7845–7] 

Notice of Proposed NPDES General 

Permit for Discharges From 

Concentrated Animal Feeding 

Operations (CAFOs) in New Mexico, 

Oklahoma, and on Indian Lands in New 

Mexico and Oklahoma (NMG010000 

and OKG010000)

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of draft NPDES general 

permit. 

SUMMARY: EPA Region 6 is proposing to 

reissue NPDES General Permit No. 

NMG010000 and OKG010000 for 

discharges from CAFOs in New Mexico, 

Oklahoma, and on Indian lands in New 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 70685

Mexico and Oklahoma. This permit was 

originally issued in the Federal Register

at 58 FR 7610 with an effective date of 

March 10, 1993, and an expiration date 

of March 10, 1998. The applicable 

requirements from that 1993 permit are 

continued in the current proposal to 

reissue. The current proposal also adds 

additional requirements contained in 

revised CAFO regulations at 40 CFR 

parts 122 and 412 which were 

published in the Federal Register at 68 

FR 7175 on February 12, 2003.

DATES: Comments on this proposed 

permit must be submitted by February 

7, 2005.

ADDRESSES: Comments on this proposed 

permit should be sent to the Regional 

Administrator, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733.

FOR FURTHER INFORMATION CONTACT: Ms. 

Diane Smith, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

telephone (214) 665–2145. The 

complete fact sheet and proposed 

permit can be found on the Internet at 

http://www.epa.gov/earth1r6/6wq/

6wq.htm. Copies of the fact sheet and 

proposed permit may also be obtained 

from Ms. Smith. In addition, the current 

administrative record on the proposal is 

available for examination at the Region’s 

Dallas offices during normal working 

hours after providing Ms. Smith 24 

hours advanced notice.

SUPPLEMENTARY INFORMATION: EPA’s 

comments and public hearing 

procedures may be found at 40 CFR 

124.10 and 124.12 (48 FR 14264, April 

1, 1983, as amended at 49 FR 38051, 

September 26, 1984). The comment 

period during which written comments 

on the draft permit may be submitted 

extends for 60 days from the date of this 

notice. During the comment period, any 

interested person may request a Public 

Hearing by filing a written request 

which must state the issues to be raised. 

A public hearing will be held when EPA 

finds a significant degree of public 

interest. 

Regulated categories and entities 

include:

Category Examples of regulated entities 

Industry ........ Operators of concentrated 

animal feeding operations. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

(facility, company, business, 

organization, etc.) is regulated by this 

action, you should carefully examine 

the applicability criteria in Part I of the 

permit. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Section 301(a) of the Clean Water Act 

(CWA or the Act), 33 U.S.C. 1311(a), 

makes it unlawful to discharge 

pollutants to waters of the United States 

in the absence of authorizing permits. 

CWA section 402, 33 U.S.C. 1342, 

authorizes EPA to issue National 

Discharge Elimination System (NPDES) 

permits allowing discharges on 

condition they will meet certain 

requirements, including CWA sections 

301, 304, and 401 (33 U.S.C. 1331, 1314 

and 1341). Those statutory provisions 

require that NPDES permits include 

effluent limitations requiring that 

authorized discharges: (1) Meet 

standards reflecting levels of 

technological capability, (2) comply 

with EPA-approved state water quality 

standards and (3) comply with other 

state requirements adopted under 

authority retained by states under CWA 

510, 33 U.S.C. 1370.

A. Application for Coverage 

To be covered by this permit, CAFO 

owners/operators must submit a Notice 

of Intent (NOI) for permit coverage. The 

information required in the NOI is listed 

in the permit and is required by Federal 

regulations at 40 CFR 122.21(a)(1). For 

CAFOs that are not new sources, the 

Endangered Species and National 

Historic Preservation Act eligibility 

provisions contained in Appendices A 

and B of the permit must be met. For 

new source CAFOs (Large CAFOs whose 

construction began after April 14, 2003), 

and new source expansions of existing 

CAFOs, the facility must submit an 

Environmental Information Document 

(EID) that must contain information for 

EPA’s use in consultations under the 

Endangered Species Act and National 

Historic Preservation Act. The EID 

enables EPA in performing a National 

Environmental Policy Act (NEPA) 

environmental review. Region 6 must 

have completed the NEPA review and 

issued an Environmental Impact 

Statement (EIS) or Finding of No 

Significant Impact (FNSI) for a new 

source CAFO before the facility is 

eligible for coverage under the general 

permit. 

The permit specifies the deadlines by 

which facilities must apply for permit 

coverage. For facilities that were defined 

as CAFOs under regulations in effect 

prior to April 14, 2003, and are not new 

sources, coverage must be sought within 

30 days after the effective date of this 

permit. For newly defined CAFOs 

(operations defined as CAFOs as of 

April 14, 2003), but not defined as 

CAFOs under regulations in effect prior 

to that date (for example, dry manurehandling poultry operations having as 

many or more than 125,000 birds), 

coverage must be sought no later than 

February 13, 2006. For new sources, 

coverage must be sought at least 30 days 

prior to the time the CAFO commences 

operation. 

B. Limitations on Permit Coverage 

In the proposed permit, certain 

CAFOs are not eligible for coverage 

under this NPDES general permit, but 

must apply for an individual NPDES 

permit:

1. CAFOs that have been notified by EPA 

to apply for an individual NPDES permit in 

accordance with 40 CFR 122.28(b)(3). 

2. CAFOs that have been notified by EPA 

Region 6 that they are ineligible for coverge 

because of a past history of non-compliance. 

3. CAFOs not meeting the Endangered 

Species and/or Historic Properties eligibility 

requirements specified in the permit. 

4. CAFOs commencing operation after June 

25, 1992, discharging to certain waters in 

Oklahoma that are designated as Outstanding 

Resource Waters and/or Scenic Rivers in the 

Oklahoma Water Quality Standards, 

Appendices A and B.

C. Effluent Limitations 

The permit generally requires that 

there shall be no discharge of manure, 

litter or process wastewater pollutants 

into waters of the U.S. from the CAFO 

production area. Whenever 

precipitation causes an overflow of 

manure, litter or process wastewater, 

however, pollutants in the overflow may 

be discharged into U.S. waters provided 

the production area is designed, 

constructed, operated and maintained to 

contain all manure, litter and process 

wastewater, including the runoff and 

direct precipitation from a 25-year, 24-

hour rainfall event. The design standard 

for new source swine, poultry and veal 

calf CAFOs is a 100-year, 24-hour 

rainfall event. The permit requires no 

discharge of manure, litter or process 

wastewater from retention or control 

structures to groundwater with a direct 

hydrologic connection to surface waters 

of the U.S., and no discharge of rainfall 

runoff from manure or litter storage 

piles. The permit also requires no 

discharge of manure, litter or process 

wastewater to waters of the U.S. from 

land application areas under the 

operational control of the CAFO. These 

requirements are contained in the CAFO 

regulations at 40 CFR part 412 and/or 

the previous Region 6 NPDES general 

70686 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 

permit for CAFOs in New Mexico and 

Oklahoma. The permit also contains a 

number of additional requirements, 

which were contained in the previous 

Region 6 CAFO general permit, for a 

CAFO’s animal confinement, storage 

and handling areas, and manure/

wastewater land application areas. 

D. Nutrient Management Plan (NMP) 

The permit requires each CAFO 

covered by the permit to develop and 

implement a site-specific NMP, as 

required by Federal regulations at 40 

CFR parts 122 and 412. The permit gives 

the schedule for developing and 

implementing an NMP. New source 

CAFOs are required to develop and 

implement an NMP upon the date of 

permit coverage. The requirement for 

other than new source CAFOs is to 

develop and implement an NMP no 

later than December 31, 2006.

Other Legal Requirements 

A. State/Tribal Certification 

Under section 401(a)(1) of the Act, 

EPA may not issue an NPDES permit 

until the State or Tribe in which the 

discharge will originate grants or waives 

certification to ensure compliance with 

appropriate requirements of the Act, 

state or tribal law. The Region has 

solicited certification from the States of 

New Mexico and Oklahoma, and the 

Pueblos of Acoma, Isleta, Nambe, 

Picuris, Pojoaque, Sandia, San Juan, 

Santa Clara and Tesuque. 

B. National Environmental Policy Act 

With the exception of issuance of a 

permit to a ‘‘new source’’, section 

511(c)(1) of the Clean Water Act 

exempts EPA NPDES permit actions 

from the requirements of the National 

Environmental Policy Act of 1969 

(NEPA). New source CAFOs are Large 

CAFOs on which construction began 

after April 13, 2003. EPA anticipates 

that relatively few CAFOs seeking 

coverage under the general permit will 

be such ‘‘new sources’’. In the proposed 

CAFO general permit, a new source 

CAFO must go through the NEPA 

environmental review process prior to 

applying for coverage under the permit. 

A similar NEPA review procedure was 

used under the previous Region 6 CAFO 

general permit issued in 1993. 

C. Endangered Species Act 

The Endangered Species Act (ESA) 

requires federal agencies, in 

consultation with the U.S. Fish and 

Wildlife Service (FWS), to insure that 

any action they authorize is not likely 

to jeopardize the continued existence of 

any listed species or result in the 

destruction or adverse modification of 

critical habitat. In order to fulfill it’s 

obligations under ESA, Region 6 has 

begun consultation with FWS regarding 

reissuance of this general permit. 

EPA proposes use of an eligibility 

screening mechanism to ensure 

protection of listed species and their 

critical habitat. It is designed to allow 

coverage under this general permit only 

to those existing CAFOs that (1) have no 

listed species or critical habitat in their 

county or in proximity to their CAFO or 

discharge locations; or (2) have 

completed an ESA section 7 

consultation that considered all 

currently listed species and critical 

habitat and which resulted in either a 

‘‘no jeopardy’’ opinion by FWS or FWS 

concurrence that the CAFO’s permitrelated activities are ‘‘unlikely to 

adversely affect’’ listed species or 

critical habitat; or (3) have an ESA 

section 10 permit which considers all 

currently listed species and critical 

habitat; or (4) can document that the 

CAFO’s permit-related activities are 

‘‘not likely to adversely affect’’ listed 

species or critical habitat, or has 

reached agreement with FWS on 

measures to avoid or eliminate adverse 

effects. Existing CAFOs that do not 

certify compliance with one or more of 

those criteria cannot obtain coverage 

under the general permit and must 

submit an individual permit 

application. This eligibility screening 

mechanism is similar to that included in 

several previously issued and proposed 

NPDES general permits, including the 

proposed NPDES general permit for 

Small Municipal Separate Storm Sewer 

Systems in New Mexico and in other 

areas where Region 6 retains NPDES 

permitting authority, and the Multisector Stormwater General NPDES 

Permit and the Construction Stormwater 

NPDES General Permit for those same 

areas in Region 6.

Note: As a possible alternative to the ESA 

eligibility screening mechanism requirements 

(1) and (4), above, EPA Region 6 is currently 

working with the U.S. Fish and Wildlife 

Service (FWS), as a part of its ESA 

consultation on the general permit, to 

geographically designate areas of concern for 

endangered species and critical habitat. 

Under this geographic alternative, the 

eligibility requirement (1) would be met if a 

CAFO, or the point(s) where authorized 

discharges reach waters of the U.S., is outside 

of any designated areas of concern. Where a 

CAFO, or the point(s) where authorized 

discharges reach waters of the U.S., is located 

within a designated area of concern, the 

eligibility requirement (4) would require the 

CAFO to meet conditions and measures to 

avoid or eliminate adverse effects to listed 

species or critical habitat that were caused by 

authorized discharges.

New source CAFOs and new source 

expansions of existing CAFOs must 

include analysis of their potential 

effects on federally listed species and 

critical habitat in their EIDs. If the 

CAFO may affect listed species or 

critical habitat, EPA will integrate the 

required ESA consultation with its 

NEPA review. 

D. National Historic Preservation Act

Section 6 of the National Historic 

Preservation Act (NHPA) requires that 

federal agencies consider the effects of 

their undertakings (such as issuance of 

an NPDES permit) on properties listed 

or eligible for listing in the National 

Register of Historic Places. Prior to 

completion of such an undertaking, the 

Federal agency shall provide the 

Advisory Council on Historic 

Preservation a reasonable opportunity to 

comment on the undertaking. To fulfill 

its NHPA obligations, Region 6 is 

initiating consultation with the 

Oklahoma Historical Commission, the 

New Mexico Historical Commission and 

Indian tribes in New Mexico and 

Oklahoma. 

EPA proposes an eligibility screening 

mechanism designed to minimize harm 

to any properties listed or eligible for 

listing on the National Register of 

Historic Places that may be directly and 

adversely affected by the reissuance of 

this general permit. This mechanism is 

designed to allow coverage under this 

general permit only to those existing 

CAFOs (i.e., those on which 

construction commenced prior to April 

13, 2003) that (1) document that their 

permit-related activities do not affect 

properties listed or eligible for listing on 

the National Register of Historic Places; 

or (2) have obtained and are in 

compliance with a written agreement 

with the appropriate State Historic 

Preservation Officer and/or Tribal 

Historic Preservation Officer that 

outlines measures to be taken to 

mitigate or prevent adverse effects to 

historic properties. Existing CAFOs that 

do not certify compliance with one of 

these criteria cannot obtain coverage 

under the general permit and must 

submit an individual permit 

application. This eligibility screening 

mechanism is similar to that included in 

several issued and proposed NPDES 

general permits, including the proposed 

NPDES general permit for Small 

Municipal Separate Storm Sewer 

Systems in New Mexico and in other 

areas where Region 6 retains NPDES 

permitting authority, and the Multisector Stormwater General NPDES 

Permit and the Construction Stormwater 

NPDES General Permit for those same 

areas in Region 6. 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 70687

New source CAFOs must include an 

analysis of their potential effects on 

properties listed or eligible for listing on 

the National Register of Historic Places 

in their EIDs. If the CAFO may affect 

eligible properties, EPA will integrate 

the required section 106 consultation 

with its NEPA review.

Dated: November 30, 2004. 

Jane B. Watson, 

Acting Director, Water Quality Protection 

Division, EPA Region 6.

[FR Doc. 04–26817 Filed 12–6–04; 8:45 am] 

BILLING CODE 6560–50–P

EXPORT-IMPORT BANK OF THE U.S.

[Public Notice 68] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request

AGENCY: Export-Import Bank of the U.S.

ACTION: Notice and request for 

comments. 

SUMMARY: The Export-Import Bank, as a 

part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995.

DATES: Written comments should be 

received on or before January 6, 2005.

ADDRESSES: Direct all comments to 

David Rostker, Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, NEOB, Room 10202, 

Washington, DC 20503 (202) 395–3897.

SUPPLEMENTARY INFORMATION: 

Title and Form Number: Ex-Im Bank 

Letter of Interest Application, EIB Form 

95–9. 

OMB Number: 3048–0005. 

Need and Use: The information 

requested enables the applicant to 

provide Ex-Im Bank with the 

information necessary to determine 

eligibility for an indicative offer of 

support under the loan and guarantee 

programs. 

Affected Public: Business and other 

for-profit institutions. 

Respondents: Entities involved in the 

provision of financing or arranging of 

financing for foreign buyers of U.S. 

exports. 

Estimated Annual Respondents: 500. 

Estimated Time per Respondent: 20 

Minutes. 

Estimated Annual Burden: 165. 

Frequency of Response: When 

applying for a Letter of Interest.

Dated: November 30, 2004. 

Solomon Bush, 

Agency Clearance Officer.

BILLING CODE 6690–01–M