Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices 27769 

normal clearance procedures under the 

PRA, because either public harm is 

reasonably likely to result if normal 

clearance procedures are followed, an 

unanticipated event has occurred, or the 

use of normal clearance procedures is 

reasonably likely to prevent or disrupt 

the collection of information or is 

reasonably likely to cause a statutory or 

court ordered deadline to be missed. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers for certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Abstract: The Frank R. Lautenberg 

Chemical Safety for the 21st Century 

Act, immediately effective upon its 

enactment on June 22, 2016, made 

significant amendments to TSCA, 

including imposing a number of new 

responsibilities related to new chemical 

reviews. Specifically, TSCA section 5 

requires that EPA now assess a new 

chemical under the ‘‘conditions of use,’’ 

which is defined as the circumstances, 

as determined by the Administrator, 

under which the chemical is intended, 

known or reasonably foreseen to be 

manufactured, processed, distributed in 

commerce, used or disposed of. TSCA 

also now requires that EPA make one of 

five affirmative determinations on the 

new chemical within the statutory 

review period. The new determination 

requirement has resulted in a backlog of 

section 5 submissions awaiting final 

action. 

In an effort to avoid future delays and 

backlogs and to assist respondents in 

preparing a Premanufacture Notice 

(PMN), Significant New Use Notice 

(SNUN), or exemption notice (e.g., Low 

Volume Exemption or LVE) (hereinafter 

collectively referred to as 

‘‘notifications’’) submissions in a 

manner that satisfies the amended 

TSCA section 5 requirements, EPA 

developed a non-binding guidance 

document, entitled ‘‘Points to Consider 

When Preparing TSCA New Chemical 

Notifications’’. To the extent that 

respondents are able to take information 

presented in the Points to Consider 

document into account prior to 

preparing and submitting a PMN, 

SNUN, or exemption notice, EPA also 

anticipates that more robust 

submissions will improve the factual 

bases for determinations on new 

chemical notices, speed review, and 

reduce the frequency of interactions 

with submitters in cases where EPA has 

questions about the submission. The 

Points to Consider document is urgently 

needed for a more timely and efficient 

new chemical review process. 

Complying with the normal clearance 

procedures for approval of the reporting 

guidance provided in the Points to 

Consider document could disrupt the 

collection of information by preventing 

companies from accessing applicable 

and helpful EPA guidance with respect 

to PMNs and SNUNs submitted prior to 

OMB approval of the ICR and cause 

harm due to the ensuing delays in 

marketing new chemical substances 

because companies do not have access 

to the guidance. 

Respondents/affected entities: Entities 

potentially affected by this ICR are 

manufacturers (including importers) 

and processors of new chemical 

substances. 

Respondent’s obligation to respond: 

Mandatory (15 U.S.C. 2604). 

Estimated total number of potential 

respondents: 443. 

Frequency of response: On occasion. 

Estimated total burden: 117,176 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Estimated total costs: $34,389,692 

(per year), includes no annualized 

capital investment or maintenance and 

operational costs. 

Changes in the estimates: There is an 

increase of 1,379 hours in the total 

estimated respondent burden compared 

with that identified in the ICR currently 

approved by OMB. This increase reflects 

the estimated additional time associated 

with reading the new guidance 

document before preparing and 

submitting a PMN, SNUN, or exemption 

notice (about 1.4 hours per response). 

This burden increase is the result of a 

program change. 

Authority: 44 U.S.C. 3501 et seq. 

Dated: June 7, 2018. 

Charlotte Bertrand, 

Acting Principal Deputy Assistant 

Administrator, Office of Chemical Safety and 

Pollution Prevention. 

[FR Doc. 2018–12811 Filed 6–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9979–12—Region 10] 

Approval of the Application by the 

State of Idaho To Administer the 

National Pollutant Discharge 

Elimination System (NPDES) and 

Electronic Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: On June 5, 2018, the 

Administrator for the Environmental 

Protection Agency approved the 

application by the State of Idaho to 

administer and enforce the Idaho 

Pollutant Discharge Elimination System 

(IPDES) program pursuant to the Clean 

Water Act. Concurrent with this 

approval, EPA is also approving IPDES 

program for electronic reporting. The 

Idaho Department of Environmental 

Quality (IDEQ) will administer the 

approved IPDES program regulating 

discharges of pollutants into waters of 

the United States under its jurisdiction 

as described in the state’s program 

application. EPA has approved the 

State’s implementation plan that 

transfers the administration of specific 

program components from EPA to the 

State over a four-year period in 

accordance with the Memorandum of 

Agreement between IDEQ and EPA R10 

(MOA) and subject to EPA oversight and 

enforcement. EPA will suspend 

issuance of NPDES permits in Idaho in 

accordance with the State’s approved 

schedule to transfer NPDES program 

authority. EPA will retain the authority 

to issue NPDES permits for facilities 

located on tribal lands and/or 

discharging to tribal waters. 

DATES: On June 5, 2018, the 

Administrator approved Idaho’s IPDES 

program including electronic reporting. 

FOR FURTHER INFORMATION CONTACT: Visit 

EPA’s web page at https://www.epa.gov/ 

npdes-permits/idaho-npdes-programauthorization or contact Karen Burgess, 

NPDES Permits Unit, EPA Region 10; 

(206) 553–1644; burgess.karen@epa.gov. 

The State’s application, supporting 

documentation and EPA’s response to 

comments received during the public 

comment period and hearings may be 

viewed or downloaded from EPA’s web 

page. The IDEQ contact is Mary Anne 

Nelson, IPDES Program Manager; 

mary.anne.nelson@deq.idaho.gov; (208) 

373–0291. IDEQ’s application, related 

documents and program development 

documents may be viewed or 

downloaded from the IDEQ website 


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27770 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices 

http://www.deq.idaho.gov/waterquality/ipdes/program-application/. 

SUPPLEMENTARY INFORMATION: 

General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action are: The EPA; tribal programs; 

and the regulated community and 

citizens within the state of Idaho. This 

table is not intended to be exhaustive; 

rather, it provides a guide for readers 

regarding entities that this action is 

likely to regulate. 

TABLE 1—ENTITIES POTENTIALLY AFFECTED BY THIS PROPOSED APPROVAL

Category Examples of potentially affected entities 

State and Indian Tribal Governments .................. States and Indian Tribes that provide certification under section 401 of the CWA; States and 

Indian Tribes that own or operate treatment works. 

Municipalities ........................................................ POTWs required to apply for or seek coverage under an NPDES individual or general permit 

and to perform routine monitoring as a condition of an NPDES permit. 

Industry ................................................................. Facilities required to apply for or seek coverage under an NPDES individual or general permit 

and to perform routine monitoring as a condition of an NPDES permit. 

NPDES Stakeholders ........................................... Any party that may review and provide comments on NPDES permits. 

Citizens of the state of Idaho ............................... Any party that may review and provide comments on NPDES permits. 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What action is EPA taking? 

EPA approved the State of Idaho’s 

IPDES program granting IDEQ the 

authority to administer the NPDES 

program in Idaho to regulate discharges 

of pollutants into waters of the United 

States under its jurisdiction. Concurrent 

with this approval, EPA is also 

approving IPDES program for electronic 

reporting under the NPDES and 

pretreatment programs. 

C. What is EPA’s authority for taking 

this action? 

The CWA created the NPDES program 

under which EPA may issue permits 

authorizing the point source discharge 

of pollutants to waters of the United 

States under conditions required by the 

Act. The CWA provides that EPA shall 

approve a State to administer its own 

permit program, upon the Governor’s 

request, provided that EPA has 

determined that the State has adequate 

authority and a program sufficient to 

meet the Act’s requirements. 33 U.S.C. 

1342(b). The regulatory requirements for 

state program approval are set forth in 

40 CFR part 123 (https:// 

www.ecfr.gov/); subpart B provides the 

requirements of state program 

submissions, which IDEQ refers to as 

the IPDES program application. EPA 

may approve a partial and phased 

program under CWA section 402(n)(4). 

33 U.S.C. 1342(n)(4). 

Pursuant to CWA section 402(d), 33 

U.S.C. 1342(d), EPA can object to draft 

IPDES permits proposed by IDEQ and, 

if the objections are not resolved, the 

authority to issue such permits transfers 

to EPA. EPA retains enforcement 

authorities under CWA sections 308, 

309, 402(i) and 504 and may take 

enforcement actions if EPA determines 

that the State has not taken timely and/ 

or appropriate enforcement actions for 

IPDES program violations as authorized 

under those provisions. 

Public notice of the application: On 

August 11, 2017, EPA initiated the 

public comment period for the IPDES 

program application in the Federal 

Register (82 FR 37583) pursuant to 40 

CFR 123.61. The public process 

included informational meetings and 

public hearings in the following five 

Idaho cities on the dates set forth: 

September 11, 2017 at Central Public 

Library in Idaho Falls. 

September 12, 2017 at Twin Falls Public 

Library. 

September 13, 2017 at Boise Public 

Library. 

September 14, 2017 at Lewiston 

Community Center. 

September 15, 2017 at Coeur d’Alene 

Public Library. 

These meetings included an overview 

of both the federal and state programs 

and provided an opportunity for 

question and answer. Each 

informational meeting was immediately 

followed by a public hearing in 

accordance with 40 CFR 124.12 and 

provided interested parties with the 

opportunity to give written and/or oral 

testimony into the official record. All 

comments received by EPA were 

considered and responded to by EPA 

with the final IPDES program approval. 

Information about the IPDES Program 

Application is available in the Federal 

Register document for the application 

and the response to comments is 

available from EPA’s web page https:// 

www.epa.gov/npdes-permits/idahonpdes-program-authorization. 

IPDES program summary: As required 

under section 402(b) of the CWA, 33 

U.S.C. 1342(b), and 40 CFR 123.22, the 

IPDES program description specifies 

how IDEQ will administer the NPDES 

program. IDEQ will issue IPDES permits 

under their jurisdiction; conduct 

compliance and enforcement activities; 

gather and maintain NPDES records and 

report to EPA; and oversee the regulated 

activities of all IPDES-permitted 

facilities. EPA will retain the authority 

to issue NPDES permits for facilities 

located on tribal lands and/or 

discharging to tribal waters. The scope 

of IDEQ permitting authority includes 

individual and general permits for 

discharges to waters of the United States 

from facilities or activities, including 

industrial (e.g., commercial, mining, oil 

and gas, and silviculture discharges; 

animal feeding operations; and aquatic 

animal production facilities) and 

municipal wastewater treatment 

facilities (e.g., publicly and privately 

owned treatment works); discharges to 

waters of the United States from federal 

facilities; storm water discharges, 

including municipal separate storm 

sewer systems, construction and 

industrial storm water general permits, 

and individual permits for storm water 

discharges; sewage sludge (biosolids) 

program under 40 CFR part 503; and the 

pretreatment program under 40 CFR 

part 403. IDEQ will not have authority 

to regulate discharges incidental to the 

normal operation of a non-military, nonrecreational vessel operating in a 

capacity as a means of transportation. 

Instead, EPA has the authority under 

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

regulate those discharges from nonmilitary, non-recreational vessels and 

all ballast water discharges. 

IDEQ will assume permitting and 

compliance authority for the NPDES 

program in four phases. EPA will retain 

full permitting and compliance 

authority for the relevant major 

component(s) until that authority is 

transferred to IDEQ in accordance with 


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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices 27771 

the following schedule of anticipated 

transfer dates: 

Phase I—Individual Municipal Permits and 

Pretreatment on July 1, 2018. 

Phase II—Individual Industrial Permits on 

July 1, 2019. 

Phase III—General Permits (Aquaculture, 

Pesticide, CAFO, Suction Dredge, 

Remediation) on July 1, 2020. 

Phase IV—Federal Facilities, General and 

Individual Stormwater Permits and Biosolids 

on July 1, 2021. 

Public process and tribal 

consultation: EPA opened a 60-day 

public comment period that ended on 

October 10, 2017. In addition, EPA held 

public hearings during the week of 

September 11, 2017, to accept 

comments on the IPDES program 

application. The Response to Comments 

and Testimony compiles all comments 

and testimony submitted to EPA during 

the public comment period and 

provides EPA’s response to those 

comments available at EPA’s website. 

A total of 18 comment letters and 

testimonials were received during the 

comment period. Of those 18, 10 

commenters expressed support for the 

transfer of NPDES authority to IDEQ. 

One commenter expressed a general 

concern about IDEQ’s ability to 

adequately run a program that 

sufficiently protects the environment. 

The remaining 7 commenters provided 

specific comments about the IPDES 

program application or IPDES program. 

EPA provided responses to all 

comments. No comments resulted in 

changes to the IPDES program 

application as provided with the 

Federal Register document for the 

IPDES program application. 

EPA engaged with all five federallyrecognized Idaho tribes (ShoshoneBannock Tribe, Shoshone-Paiute Tribe, 

Nez Perce Tribe Council, Coeur d’Alene 

Tribe and the Kootenai Tribe) and two 

federally-recognized Eastern 

Washington tribes (Kalispell Tribe and 

Spokane Tribes). EPA participated in 

several meetings with the Tribes that 

were held before and after the public 

comment period. The primary outcome 

of the tribal meetings was the 

development of IDEQ’s IPDES Tribal 

Participation Process. This document 

establishes the process by which IDEQ 

will provide early notification of and 

participation in permit issuance 

activities with interested tribes, 

available at IDEQ’s website http://

www.deq.idaho.gov/media/60181337/ 

ipdes-tribal-participation-process.pdf. 

CROMERR: On October 13, 2005, the 

final Cross-Media Electronic Reporting 

Rule (CROMERR) was published in the 

Federal Register (70 FR 59848) and 

codified under 40 CFR part 3. 

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. 

Per the requirements of 40 CFR 

3.2(b)(2), ‘‘A state, tribe, or local 

government that is applying for initial 

delegation, authorization, or approval to 

administer a federal program or a 

program in lieu of the federal program, 

and that will allow document 

submission requirements under the 

program to be satisfied with an 

electronic document, must use the 

procedures for obtaining delegation, 

authorization, or approval under the 

relevant part of Title 40 and may not use 

the procedures set forth in 40 CFR 

3.1000; but the application must contain 

the information required by 40 CFR 

3.1000(b)(1) and the state, tribe, or local 

government must meet the requirements 

of 40 CFR 3.2000.’’ 

IDEQ will implement the National 

Network Discharge Monitoring Report 

System (National NetDMR) and Shared 

CROMERR Services (SCS) electronic 

document receiving system in 

accordance with the application 

submitted by IDEQ to EPA on March 26, 

2018. The application anticipated 

concurrent approval with the State’s 40 

CFR part 123 (NPDES State Program 

Requirements) and part 403 (General 

Pretreatment Regulations for Existing 

and New Source of Pollution) programs 

to allow electronic reporting under 40 

CFR parts 122, 125, and 403–471. EPA 

has reviewed IDEQ’s application and 

determined both that the application 

contains the information required 40 

CFR 3.1000(b)(1) and that IDEQ’s 

National NetDMR and SCS systems 

comply with the requirements for 

electronic document receiving systems 

in 40 CFR 3.2000. This approval is 

effective upon the date of this 

publication in the Federal Register. 

Decision process: The State of Idaho 

submitted the IPDES program 

application to EPA on August 31, 2016. 

EPA reviewed the application pursuant 

to 40 CFR part 123, subpart B and the 

application was deemed complete by 

EPA on September 30, 2016. In 

accordance with 40 CFR 123.21(d), 

IDEQ requested and EPA agreed to 

extend the statutory review period for 

the application until June 30, 2018. 

Pursuant to 40 CFR 123.61, on August 

11, 2017, EPA initiated the 60-day 

public comment period as noticed in the 

Federal Register (82 FR 37583). After 

the close of the public comment period, 

completion of the required tribal 

consultation and responding to 

comments, the EPA Administrator 

approved the IPDES program based on 

the requirements of section 402 of the 

CWA, 33 U.S.C. 1342, and 40 CFR part 

123. IDEQ and the Regional 

Administrator signed the MOA prior to 

final IPDES program approval on June 5, 

2018. Upon approval, the Administrator 

notified the State of Idaho. 

Authority: This action is taken under 

the authority of section 402 of the Clean 

Water Act as amended, 33 U.S.C. 1342. 

I hereby provide public notice of EPA’s 

final action authorizing the State of 

Idaho through IDEQ to administer the 

approval IPDES program regulating 

discharges of pollutants to waters of the 

U.S. under its jurisdiction. 

Dated: June 5, 2018. 

E. Scott Pruitt, 

Administrator. 

[FR Doc. 2018–12806 Filed 6–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2018–0007; FRL–9978–34] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before July 16, 2018. 

ADDRESSES: Submit your comments, 

identified by the Docket Identification 

(ID) Number and the File Symbol of 

interest as shown in the body of this 

document, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 


daltland on DSKBBV9HB2PROD with NOTICES