Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53493 

1The Commission’s establishment of a comment 

and briefing period in the above captioned 

proceedings does not prejudge how the Commission 

may ultimately rule on the Settlement Agreement 

pending before us. 

Power Corporation d/b/a National Grid 

(National Grid), and the New York 

Municipal Power Agency (NYMPA) 

(collectively, settling parties) filed a 

partial offer of settlement (Settlement 

Agreement) in Docket Nos. EL09–26– 

000 and EL09–26–001. The Settlement 

Agreement seeks to resolve several 

issues arising out of NYSEG’s December 

23, 2008 petition for a declaratory order 

regarding invoices issued by the New 

York Independent System Operator 

(NYISO) between 1999 and 2008 to 

market participants, in certain NYSEG 

and National Grid metering subzones 

that were affected by metering errors. 

The invoices at issue are identified in 

Appendices 5 and 6 of the Joint 

Stipulation of Facts Not in Dispute 

which is attached to the Settlement 

Agreement. The settling parties assert 

that they were unable to reach an 

agreement on whether the Commission 

should order NYISO to correct the 

invoices affected by the metering errors 

during the period in question (reserved 

issue). 

The settling parties have agreed to 

present the reserved issue to the 

Commission for determination and have 

also requested that the Commission 

allow comments on the Settlement 

Agreement and permit briefs to be filed 

on the reserved issue. 

Parties may submit comments on the 

Settlement Agreement within 30 days of 

the date of the issuance of this Notice 

and parties may submit reply comments 

within 40 days of the date of the 

issuance of this Notice.1

Parties may submit initial briefs on 

the reserved issue within 45 days of the 

date of the issuance of this Notice and 

parties may submit reply briefs within 

15 days of the submission of initial 

briefs. 

The Commission encourages 

electronic submission of filings in lieu 

of paper using the ‘‘eFiling’’ link at 

http://www.ferc.gov. Those unable to 

file electronically should submit an 

original and 14 copies of all filings to 

the Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–25096 Filed 10–16–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8969–6] 

Cross-Media Electronic Reporting Rule 

State Authorized Program Revision/ 

Modification Approvals: State of 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of Minnesota’s request to revise/modify 

programs to allow electronic reporting 

for certain of their EPA-authorized 

programs under title 40 of the CFR. 

DATES: EPA’s approval is effective on 

October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR, requires that State, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and get EPA approval. Subpart 

D provides standards for such approvals 

based on consideration of the electronic 

document receiving systems that the 

State, tribe, or local government will use 

to implement the electronic reporting. 

Additionally, in § 3.1000(b) through (e) 

of 40 CFR part 3, subpart D provides 

special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the State, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the State, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of its 

authorized programs covered by the 

application and will use electronic 

document receiving systems that meet 

the applicable subpart D requirements. 

On December 23, 2008, the State of 

Minnesota Pollution Control Agency 

(MPCA) submitted an application for its 

CROMERR Online Services (MPCA– 

CROMERR) electronic document 

receiving system for revision or 

modification of multiple EPAauthorized programs under title 40 CFR. 

EPA reviewed MPCA’s request to revise/ 

modify their EPA-authorized programs 

and, based on this review, determined 

the application met the standards for 

approval of authorized program 

revisions/modifications set out in 40 

CFR part 3, subpart D. In accordance 

with 40 CFR 3.1000(d), this notice of 

EPA’s decision to approve Minnesota’s 

request for revision/modification to 

certain of their authorized programs is 

being published in the Federal Register. 

Specifically, EPA has approved 

MPCA’s request for revisions/ 

modifications to the following of their 

authorized programs to allow electronic 

reporting under 40 CFR parts 51, 60–61, 

70–71, 122–123, 262, 264–265, and 403: 

• Part 52—Approval and 

Promulgation of Implementation Plans; 

• Part 60—Standards of Performance 

for New Stationary Sources; 

• Part 61—National Emission 

Standard for Hazardous Air Pollutants; 

• Part 70—State Operating Permit 

Programs; 

• Part 123—State Program 

Requirements; 

• Part 271—Requirements for 

Authorization of State Hazardous Waste 

Programs; and 

• Part 403—General Pretreatment 

Regulations for Existing and New 

Sources of Pollution. 

MPCA was notified of EPA’s 

determination to approve its application 

with respect to the authorized programs 

listed above. 


sroberts on DSKD5P82C1PROD with NOTICES
53494 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

Dated: October 8, 2009. 

Lisa Schlosser, 

Director, Office of Information Collection. 

[FR Doc. E9–25124 Filed 10–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8970–1, EPA–HQ–OW–2008–0238] 

Modification to 2008 National Pollutant 

Discharge Elimination System 

(NPDES) General Permit for 

Stormwater Discharges From 

Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 

8, 9, and 10 today are proposing for 

public comment a modification to the 

2008 National Pollutant Discharge 

Elimination System (NPDES) general 

permits for stormwater discharges 

associated with construction activity in 

order to extend by one-year 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.’’ The 2008 CGP was 

originally issued for a period not to 

exceed two (2) years. Today, EPA 

proposes to modify the CGP in order to 

extend the 2 year term of the 2008 CGP 

by one year so that it expires on June 30, 

2011, instead of June 30, 2010. If EPA 

finalizes this action, the 2008 CGP will 

be in effect for a period of three (3) 

years. By Federal law, no NPDES permit 

may be issued for a period that exceeds 

five (5) years. 

DATES: Comments on EPA’s proposal, 

including the draft permit, must be 

postmarked by November 18, 2009. If 

finalized as proposed, EPA would be 

extending the expiration date of the 

2008 CGP until midnight June 30, 2011. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. To send 

comments directly to the docket for this 

notice, go to the Federal Docket 

Management System (FDMS) at http:// 

www.Regulations.gov and enter Docket 

ID No. EPA–HQ–OW–2008–0238 in the 

Search Box under ‘‘Comment or 

Submission.’’ Comments may be sent by 

electronic mail (e-mail) to owdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OW–2008–0238. To send 

comments by mail in hard copy or via 

a Disk or CD/ROM, use the following 

address: Water Docket, Environmental 

Protection Agency, mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OW–2008– 

0238. To send comments by hand 

delivery or courier, deliver your 

comments to: Public Reading Room, 

Room B102, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC 20004, Attention Docket ID No. 

EPA–HQ–OW–2008–0238. Further 

instructions for submitting comments 

are provided in Section I.C. 

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; e-mail address: 

schaner.greg@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

If a discharger chooses to apply to for 

coverage under the 2008 CGP, the 

permit provides specific requirements 

for preventing contamination of 

stormwater discharges from the 

following construction activities: 

Category Examples of affected entities 

North American 

Industry Classification 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 and General Contracting .............................................................................. 233 

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. This permit 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 


sroberts on DSKD5P82C1PROD with NOTICES