12286 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

low-cost revolving loans on a 

competitive basis to eligible entities to 

fund the costs of a retrofit technology 

that significantly reduces diesel 

emissions from mobile sources through 

implementation of a certified engine 

configuration, verified technology, or 

emerging technology. Eligible mobile 

sources include buses (including school 

buses), medium heavy-duty or heavy 

heavy-duty diesel trucks, marine 

engines, locomotives, or nonroad 

engines or diesel vehicles or equipment 

used in construction, handling of cargo 

(including at port or airport), 

agriculture, mining, or energy 

production. In addition, eligible entities 

may also use funds awarded for 

programs or projects to reduce longduration idling using verified 

technology involving a vehicle or 

equipment described above. The 

objective of the assistance under this 

program is to achieve significant 

reductions in diesel emissions in terms 

of tons of pollution produced and 

reductions in diesel emissions exposure, 

particularly from fleets operating in 

areas designated by the Administrator as 

poor air quality areas. 

EPA uses approved procedures and 

forms to collect necessary information 

to operate a grant program, and has been 

providing grants under DERA since 

Fiscal Year 2008. EPA is requesting 

approval through this ICR for forms 

needed to collect necessary information 

to operate a rebate program as 

authorized by Congress under the DERA 

program. 

EPA will collect information from 

applicants who wish to apply for a 

rebate under the DERA rebate program. 

Information collected from applicants 

will ensure that they are eligible to 

receive funds under DERA, that funds 

are provided for eligible activities, and 

to calculate estimated and actual 

emissions benefits that result from 

activities funded with rebates as 

required in DERA’s authorizing 

legislation. 

Burden Statement: The annual 

respondent reporting and recordkeeping 

burden for this collection of information 

is estimated to average 7.925 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by respondents to generate, maintain, 

retain, disclose or provide information 

to, or for, a Federal agency. This 

includes the time needed to review 

instructions; develop, acquire, install, 

and utilize technology and systems for 

the purposes of collecting, validating, 

and verifying information, processing 

and maintaining information, and 

disclosing and providing information; 

train personnel to be able to respond to 

a collection of information; search data 

sources; complete and review the 

collection of information; and transmit 

or otherwise disclose the information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 120 rebate applicants. 

Frequency of response: Voluntarily as 

needed. 

Estimated total average number of 

responses for each respondent: 2. 

Estimated total annual burden hours: 

894 hours. 

Estimated total annual costs: $44,547. 

This includes an estimated labor burden 

cost of $44,547 and an estimated cost of 

$0 for capital investment or 

maintenance and operational costs. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend this ICR as 

appropriate. EPA will also revise the 

burden estimates based on the final 

PGP. The final ICR package will then be 

submitted to OMB for review and 

approval pursuant to 5 CFR 1320.12. At 

that time, EPA will issue another 

Federal Register notice pursuant to 5 

CFR 1320.5(a)(1)(iv) to announce the 

submission of the ICR to OMB and the 

opportunity to submit additional 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Dated: February 21, 2012. 

Karl Simon, 

Director, Transportation and Climate 

Division, Office of Transportation and Air 

Quality. 

[FR Doc. 2012–4844 Filed 2–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9640–8; EPA–HQ–OW–2010–0782] 

Final National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Stormwater Discharges from 

Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final permit issuance. 

SUMMARY: EPA’s Regional Offices are 

issuing their final 2012 National 

Pollutant Discharge Elimination System 

general permit for stormwater 

discharges from large and small 

construction activities. This 

construction general permit includes 

new requirements that implement the 

technology-based Effluent Limitation 

Guidelines and New Source 

Performance Standards, which were 

issued by EPA for the construction and 

development industry on December 1, 

2009. The permit also includes new 

water quality-based requirements for 

construction sites discharging 

stormwater to waters requiring 

additional pollutant control. EPA is 

issuing this construction general permit 

for five (5) years, during which time the 

permit will provide coverage to eligible 

existing and new construction projects 

in all areas of the country where EPA is 

the National Pollutant Discharge 

Elimination System permitting 

authority, including Idaho, 

Massachusetts, New Hampshire, and 

New Mexico, Indian Country Lands, 

Puerto Rico, Washington, DC, and U.S. 

territories and protectorates. 

DATES: The permit became effective on 

February 16, 2012. This effective date is 

necessary to provide dischargers with 

the immediate opportunity to comply 

with Clean Water Act requirements in 

light of the expiration of the 2008 CGP 

on February 15, 2012. In accordance 

with 40 CFR part 23, this permit shall 

be considered issued for the purpose of 

judicial review on March 1, 2012. Under 

section 509(b) of the Clean Water Act, 

judicial review of this general permit 

can be had by filing a petition for review 

in the United States Court of Appeals 

within 120 days after the permit is 

considered issued for purposes of 

judicial review. Under section 509(b)(2) 

of the Clean Water Act, the 

requirements in this permit may not be 

challenged later in civil or criminal 

proceedings to enforce these 

requirements. In addition, this permit 

may not be challenged in other agency 

proceedings. Deadlines for submittal of 

notices of intent are provided in Part 

1.4.2 of the permit. This permit also 

provides additional dates for 

compliance with the terms of these 

permits. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the final NPDES 

general permit, contact the appropriate 

EPA Regional office listed in Section 

I.G, or you can send an email to 

cgp@epa.gov. You may also contact Greg 

Schaner, EPA Headquarters, Office of 

Water, Office of Wastewater 

Management at tel.: 202–564–0721, 

Erika Farris, EPA Headquarters, Office 

of Water, Office of Wastewater 

Management at tel.: 202–564–7548, or 

Jeremy Bauer, EPA Headquarters, Office 

of Water, Office of Wastewater 

Management at tel: 202–564–2775. 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12287 

SUPPLEMENTARY INFORMATION: This 

supplementary information is organized 

as follows: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of these documents 

and other related information? 

C. Who are the EPA regional contacts for 

this final permit? 

II. Background of Permit 

A. Statutory and Regulatory History 

B. Stay of the C&D Rule Numeric Limit and 

Implications for this Permit 

III. Summary of the Final CGP 

A. Non-Numeric C&D Rule Requirements 

B. Numeric C&D Rule Requirements 

C. Water Quality-Based Effluent Limits 

D. Summary of Significant Changes from 

the 2008 CGP 

E. Construction Projects Eligible for Permit 

Coverage 

F. Geographic Coverage 

IV. Implementation Assistance 

V. National Environmental Review Act 

(NEPA) 

VI. Executive Orders 12866 and 13563 

VII. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

VIII. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

IX. Analysis of Economic Impacts 

I. General Information 

A. Does this action apply to me? 

The final 2012 construction general 

permit (also referred to as ‘‘CGP’’ or 

‘‘2012 CGP’’) applies to the following 

construction activities: 

TABLE 1—ENTITIES POTENTIALLY REGULATED BY THIS PERMIT

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: 

Construction of Buildings ........................................................................................................... 236 

Heavy and Civil Engineering Construction ................................................................................ 237 

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 

regulated 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 one of the 

persons listed for technical information 

in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Coverage under this permit is 

available to operators of eligible projects 

located in those areas where EPA is the 

permitting authority and has opted to 

make this general permit available for 

use. A list of eligible areas is included 

in Appendix B of the final CGP. 

Eligibility for coverage under the 2012 

CGP is limited to operators of 

stormwater discharges from ‘‘new 

projects’’, ‘‘existing projects’’, and ‘‘new 

operators of a new or existing project’’. 

A ‘‘new project’’ is a construction 

project that commenced or will 

commence construction activities on or 

after February 16, 2012. An ‘‘existing 

project’’ is a construction project that 

commenced construction prior to 

February 16, 2012. A ‘‘new operator of 

a new or existing project’’ is an operator 

that replaces an existing operator on a 

construction project through transfer or 

ownership and/or operation. EPA notes 

that the permit also provides coverage 

for ‘‘emergency-related projects’’, which 

are construction projects that are carried 

out in response to a public emergency, 

and that require immediate 

authorization to avoid imminent 

endangerment to human health or the 

environment, or to reestablish essential 

public services. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OW– 

2010–0782. 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 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 United States 

government on-line source for Federal 

regulations at http:// 

www.regulations.gov. 

Electronic versions of this final permit 

and fact sheet are available on EPA’s 

NPDES Web site at http://www.epa.gov/ 

npdes/stormwater/cgp. 

An electronic version of the public 

docket is available through the EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.regulations.gov to 

submit or 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. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/dockets. 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. 

C. Who are the EPA regional contacts 

for this final permit? 

For EPA Region 1, contact Newton 

Tedder at tel.: (617) 918–1038 or email 

at tedder.newton@epa.gov. 

For EPA Region 2, contact Stephen 

Venezia at tel.: (212) 637–3856 or email 

at venezia.stephen@epa.gov, or for 

Puerto Rico, contact Sergio Bosques at 

tel.: (787) 977–5838 or email at 

bosques.sergio@epa.gov. 


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For EPA Region 3, contact Chuck 

Schadel at tel.: (215) 814–5761 or email 

at schadel.chuck@epa.gov. 

For EPA Region 4, contact Michael 

Mitchell at tel.: (404) 562–9303 or email 

at mitchell.michael@epa.gov. 

For EPA Region 5, contact Brian Bell 

at tel.: (312) 886–0981 or email at 

bell.brianc@epa.gov. 

For EPA Region 6, contact Suzanna 

Perea at tel.: (214) 665–7217 or email at 

perea.suzanna@epa.gov. 

For EPA Region 7, contact Mark 

Matthews at tel.: (913) 551–7635 or 

email at matthews.mark@epa.gov. 

For EPA Region 8, contact Greg Davis 

at tel.: (303) 312–6314 or email at 

davis.gregory@epa.gov. 

For EPA Region 9, contact Eugene 

Bromley at tel.: (415) 972–3510 or email 

at bromley.eugene@epa.gov. 

For EPA Region 10, contact Margaret 

McCauley at tel.: (206) 553–1772 or 

email at mccauley.margaret@epa.gov. 

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 

discharges of pollutants from point 

sources through the issuance of National 

Pollutant Discharge Elimination System 

(‘‘NPDES’’) permits. 

The Water Quality Act of 1987 (WQA) 

added section 402(p) to 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 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 

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. It requires NPDES permits for 

discharges from construction sites 

disturbing at least one acre but less than 

five acres, including sites that 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. EPA is proposing to issue 

this final CGP under the statutory and 

regulatory authority cited above. 

NPDES permits issued for 

construction stormwater discharges are 

required under Section 402(a)(1) of the 

CWA to include conditions to meet 

technology-based effluent limits 

established under Section 301 and, 

where applicable, Section 306. Effluent 

limitations guidelines (ELGs) and New 

Source Performance Standards (NSPS) 

are technology-based effluent 

limitations that are based on the degree 

of control that can be achieved using 

various levels of pollutant control 

technology as defined in Subchapter III 

of the CWA. 

Once a new national standard is 

established in accordance with these 

sections, NPDES permits must 

incorporate limits based on such 

technology-based standards. See CWA 

sections 301 and 306, 33 U.S.C. 1311 

and 1316, and 40 CFR 122.44(a)(1). Prior 

to the issuance of such national 

standards, permitting authorities are 

required to incorporate technologybased limits on a best professional 

judgment basis. CWA section 402(a)(1); 

40 CFR 125.3(a)(2)(ii)(B). On December 

1, 2009, EPA published final regulations 

establishing technology-based Effluent 

Limitations Guidelines (ELGs) and New 

Source Performance Standards (NSPS) 

for the Construction & Development 

(C&D) point source category. See 40 CFR 

Part 450, and 74 FR 62996 (December 1, 

2009). The Construction & Development 

Rule, or ‘‘C&D rule’’, became effective 

on February 1, 2010; therefore, all 

NPDES construction permits issued by 

EPA or states after this date must 

incorporate the C&D rule requirements. 

Because EPA will be issuing its new 

CGP after the effective date of the C&D 

rule, the Agency is required by the CWA 

and 40 CFR 122.44(a)(1) to incorporate 

into its new CGP all applicable C&D rule 

requirements. 

B. Stay of the C&D Rule Numeric Limit 

and Implications for this Permit 

The C&D rule was finalized on 

December 1, 2009, and included nonnumeric requirements for erosion and 

sediment control, stabilization, and 

pollution prevention (see 40 CFR 

450.21(a) thru (f)), and, for the first time, 

a numeric limitation on the discharge of 

turbidity from active construction sites 

(see 40 CFR 450.22). Since its 

promulgation, EPA discovered that the 

data used to calculate the numeric limit 

for turbidity were misinterpreted, and 

that it was necessary to recalculate the 

numeric limit. 

On August 12, 2010, EPA filed a 

motion with the U.S. Court of Appeals 

for the Seventh Circuit, requesting the 

Court issue an order vacating and 

remanding to the Agency limited 

portions of the final C&D rule, 

specifically the numeric turbidity limit. 

To address the specific issues raised by 

petitioners, the motion also provided 

that EPA: 

• ‘‘May address (and if necessary take 

further regulatory action on) certain 

impacts of the final rule specific to 

linear gas and electricity utility 

projects.’’ 

• Will ‘‘solicit site specific 

information regarding the applicability 

of a numeric limit’’ to cold weather sites 

and to small sites that are part of a larger 

plan of development that is subject to 

the numeric limit. 

On August 24, 2010, the U.S. Court of 

Appeals for the Seventh Circuit 

remanded the matter to EPA but did not 

vacate the numeric limit. On September 

9, 2010, the National Association of 

Home Builders (NAHB) filed a motion 

for clarification (which EPA did not 

oppose) asking the Court to (1) vacate 

the limit and (2) hold the case in 

abeyance instead of remanding the 

matter to EPA. On September 20, 2010, 

the Court granted the motion in part by 

ruling to hold the matter in abeyance 

pending EPA consideration of the 

numeric limit and the other remand 

issues, but the Court did not vacate the 

numeric limit. Instead, the Court stated 

that ‘‘EPA may make any changes to the 

limit it deems appropriate, as 

authorized by law.’’ 

On November 5, 2010, EPA issued a 

direct final regulation and a companion 

proposed regulation to stay the numeric 

limitation at 40 CFR 450.22 indefinitely. 

The stay took effect on January 4, 2011, 

resulting in an indefinite postponement 

of the implementation of the 280 NTU 

limit. Since the numeric portion of the 

rule was stayed, EPA and the states are 

no longer required to incorporate the 

numeric turbidity limitation and 

monitoring requirements found at 

§ 450.22(a) and § 450.22(b). However, 

the remainder of the regulation is still 

in effect and must be incorporated into 

newly issued permits. 

EPA notes that it published a Federal 

Register notice on January 3, 2012 


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requesting additional data on the 

performance of technologies in 

controlling turbidity in stormwater 

discharges from construction sites. The 

notice also requests information on 

other topics relevant to establishing 

numeric effluent limitations for 

stormwater discharges from these sites, 

including sample collection, 

applicability to linear electric 

transmission line construction, cold 

weather considerations, and the ability 

of small sites to meet a numeric 

standard. See 77 FR 112 (January 3, 

2012). 

The final CGP is directly affected by 

the stay in that, due to the stay, the 

permit does not need to include the 

numeric turbidity limit. When EPA 

issued the draft permit for public 

comment, the Agency was uncertain 

whether its work to complete the 

recalculation of the numeric turbidity 

limit would be completed in time to 

incorporate into the final permit. To be 

able to implement the yet-to-be 

promulgated turbidity limit in the final 

permit, EPA included in the draft 

permit a placeholder for the effluent 

limit, as well as proposed 

implementation requirements such as 

turbidity monitoring and reporting 

protocols. Because EPA is still in the 

process of collecting data to support the 

recalculation of the numeric turbidity 

limit, and therefore a final numeric 

turbidity limit is not yet available to 

implement, the Agency has finalized the 

CGP without the numeric limit and 

related monitoring and reporting 

requirements. EPA has, however, 

implemented the remaining portion of 

the C&D rule that was not affected by 

the stay of the numeric limit. 

III. Summary of the Final CGP 

Today’s final permit includes new 

requirements that implement the 

portions of the effluent limitations 

guidelines and new source performance 

standards in the C&D rule that are 

unaffected by the stay of the numeric 

turbidity limit. Under these rules, site 

operators are required to install and 

implement stormwater measures to 

accomplish erosion and sediment 

control, pollution prevention, and 

stabilization. For sites that discharge to 

waters where additional controls are 

necessary to ensure compliance with 

applicable water quality standards, the 

final permit includes new water qualitybased effluent limits. This section 

summarizes the C&D rule requirements 

upon which the permit’s technologybased requirements are based, and 

highlights the significant new permit 

provisions included in the final permit. 

A. Non-Numeric C&D Rule 

Requirements 

The non-numeric effluent limitations 

in the C&D rule are designed to prevent 

the mobilization and discharge of 

sediment and sediment-bound 

pollutants, such as nutrients, and to 

prevent or minimize exposure of 

stormwater to construction materials, 

debris, and other sources of pollutants 

on construction sites. In addition, these 

non-numeric effluent limitations limit 

the generation of dissolved pollutants. 

For background, soil on construction 

sites can contain a variety of pollutants 

such as nutrients, organics, pesticides, 

herbicides, and metals. These pollutants 

may be present naturally in the soil, 

such as arsenic or selenium, or they may 

have been contributed by previous 

activities on the site, such as agriculture 

or industrial activities. These pollutants, 

once mobilized by stormwater, can 

detach from the soil particles and 

become dissolved pollutants. Once 

dissolved, these pollutants would not be 

removed by down-slope sediment 

controls. Source control through 

minimization of soil erosion is therefore 

the most effective way of controlling the 

discharge of these pollutants. 

The non-numeric effluent limits in 

the C&D rule, upon which the 

technology-based requirements in the 

final CGP are based, include the 

following: 

• Erosion and Sediment Controls: 

Permittees are required to design, 

install, and maintain effective erosion 

and sediment controls to minimize the 

discharge of pollutants. At a minimum, 

such controls must be designed, 

installed, and maintained to: 

1. Control stormwater volume and 

velocity within the site to minimize soil 

erosion; 

2. Control stormwater discharges, 

including both peak flowrates and total 

stormwater volume, to minimize erosion 

at outlets and to minimize downstream 

channel and streambank erosion; 

3. Minimize the amount of soil 

exposed during construction activity; 

4. Minimize the disturbance of steep 

slopes; 

5. Minimize sediment discharges from 

the site. The design, installation and 

maintenance of erosion and sediment 

controls must address factors such as 

the amount, frequency, intensity, and 

duration of precipitation, the nature of 

resulting stormwater runoff, and soil 

characteristics, including the range of 

soil particle sizes expected to be present 

on the site; 

6. Provide and maintain natural 

buffers around surface waters, direct 

stormwater to vegetated areas to 

increase sediment removal, and 

maximize stormwater infiltration, 

unless infeasible; and 

7. Minimize soil compaction and, 

unless infeasible, preserve topsoil. 

• Soil Stabilization Requirements: 

Permittees are required to, at a 

minimum, initiate soil stabilization 

measures immediately whenever any 

clearing, grading, excavating, or other 

earth disturbing activities have 

permanently ceased on any portion of 

the site, or temporarily ceased on any 

portion of the site and will not resume 

for a period exceeding 14 calendar days. 

Stabilization must be completed within 

a period of time determined by the 

permitting authority. In arid, semiarid, 

and drought-stricken areas where 

initiating vegetative stabilization 

measures immediately is infeasible, 

alternative stabilization measures must 

be employed and vegetative 

stabilization measures must be initiated 

as soon as practicable. 

• Dewatering Requirements: 

Permittees are required to minimize the 

discharge of pollutants from dewatering 

trenches and excavations. Discharges 

are prohibited unless managed by 

appropriate controls. 

• Pollution Prevention Measures: 

Permittees are required to design, 

install, implement, and maintain 

effective pollution prevention measures 

to minimize the discharge of pollutants. 

At a minimum, such measures must be 

designed, installed, implemented and 

maintained to: 

1. Minimize the discharge of 

pollutants from equipment and vehicle 

washing, wheel wash water, and other 

wash waters. Wash waters must be 

treated in a sediment basin or an 

alternative control that provides 

equivalent or better treatment prior to 

discharge; 

2. Minimize the exposure of building 

materials, building products, 

construction wastes, trash, landscape 

materials, fertilizers, pesticides, 

herbicides, detergents, sanitary waste, 

and other materials present on the site 

to precipitation and to stormwater; and 

3. Minimize the discharge of 

pollutants from spills and leaks and 

implement chemical spill and leak 

prevention and response procedures. 

• Prohibited Discharges: The 

following discharges from regulated 

construction sites are prohibited: 

1. Wastewater from washout of 

concrete, unless managed by an 

appropriate control; 

2. Wastewater from washout and 

cleanout of stucco, paint, form release 

oils, curing compounds, and other 

construction materials; 


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3. Fuels, oils, or other pollutants used 

in vehicle and equipment operation and 

maintenance; and 

4. Soaps or solvents used in vehicle 

and equipment washing. 

• Surface Outlets: When discharging 

from basins and impoundments, 

permittees are required to utilize outlet 

structures that withdraw water from the 

surface, unless infeasible. 

When EPA was writing the C&D rule’s 

final non-numeric effluent limits listed 

above, the Agency intended to provide 

discretion to permitting authorities to 

determine how best to implement these 

provisions with respect to requiring 

controls and measures appropriate for 

the conditions in their permitted areas. 

For example, the preamble to the C&D 

rule explains that ‘‘EPA purposefully 

drafted the non-numeric effluent 

limitations to allow for flexibility in 

how the permitting authority 

implements the requirement in NPDES 

permits.’’ See 74 FR 63016. As the 

permitting authority responsible for 

issuing stormwater permits for 

construction activities in four states, 

Indian Country, construction by Federal 

Operators, Washington, DC, and U.S. 

territories/protectorates, EPA believes 

that it is important in this final permit 

to include requirements that more 

specifically define what EPA believes 

are appropriate to implement each of 

the C&D rule’s non-numeric limits. 

Accordingly, in translating the C&D rule 

requirements into the final CGP, EPA 

added specificity to many of the C&D 

rule provisions that it believed would 

benefit from further definition, such as 

the requirements to ‘‘provide and 

maintain natural buffers’’ and to 

‘‘minimize soil compaction’’, among 

others. 

B. Numeric C&D Rule Requirements 

As stated above in Section II.B, the 

numeric turbidity limit portion of the 

C&D rule has been indefinitely stayed. 

Because a recalculated numeric limit 

has not yet been promulgated, this 

permit does not include a technologybased numeric turbidity limit, nor does 

it include related monitoring and 

reporting requirements that would 

implement such a limit. 

C. Water Quality-Based Effluent Limits 

Because the C&D rule requirements 

are technology-based, they do not 

account for the level of pollutant control 

that may be necessary in a specific area 

to meet applicable water quality 

standards. CWA Section 301(b)(1)(C) 

and EPA’s regulations at 40 CFR 

122.44(d)(1) require permitting 

authorities to include additional or 

more stringent permit requirements 

when necessary to achieve water quality 

standards. With this requirement in 

mind, the final CGP includes additional 

requirements that apply to those sites 

that discharge to waters impaired for 

sediment, sediment-related parameters, 

or nutrients, including nitrogen and 

phosphorus, which are parameters 

typically associated with stormwater 

discharges from construction sites, and 

to those sites that discharge to waters 

requiring enhanced protection under a 

state or tribe’s antidegradation 

requirements. To assist construction 

operators in determining if their site 

discharges to an impaired water, EPA 

has developed and made available an 

Internet-based tool, which links 

watershed-based geographical mapping 

information with state and tribal lists of 

impaired waters. The mapping tool can 

be accessed through the eNOI system at 

http://cfpub.epa.gov/npdes/stormwater/ 

enoi.cfm. 

D. Summary of Significant Changes 

from the 2008 CGP 

The final permit includes a number of 

new or modified requirements, many of 

which are related to the implementation 

of the new C&D rule effluent limits, and 

thus differ from the 2008 CGP. The 

following list summarizes the changes 

to the CGP: 

1. Structure/Appearance of Permit: 

EPA attempted to restructure its CGP so 

that it would be better organized to 

present requirements in a generally 

more readable manner. It is EPA’s hope 

that this structure will enhance the 

permittees’ understanding of and 

compliance with the permit’s 

requirements. For instance, the permit’s 

stormwater control requirements are 

organized into distinct and related 

categories, such as erosion and sediment 

control requirements, stabilization 

requirements, and pollution prevention 

requirements. 

2. Eligibility for Emergency-Related 

Construction: EPA provides immediate 

authorization for construction activities 

required for response to public 

emergencies (e.g., natural disaster such 

as a tornado or hurricane, widespread 

disruption in essential public services). 

Immediate authorization will enable 

work that is necessary to avoid 

imminent endangerment to human 

health or the environment, or to 

reestablish essential public services, to 

proceed without administrative delay. 

The construction operator must submit 

an NOI and develop a stormwater 

pollution prevention plan (SWPPP) 

within 30 calendar days after 

commencing earth-disturbing activities, 

whereas typically operators must submit 

NOIs 14 days prior to commencing 

earth-disturbing activities. 

3. Eligibility for Use of Treatment 

Chemicals: EPA authorizes the use of 

polymers, flocculants, or other 

treatment chemicals at sites provided 

operators using treatment chemicals 

comply with the requirements in Part 

2.1.3.3 of the permit. The use of cationic 

treatment chemicals is not eligible for 

permit coverage unless the applicable 

EPA Regional Office specifically 

approves its use together with any 

additional controls necessary to ensure 

that the use of such chemicals does not 

result in an exceedance of applicable 

water quality standards. 

4. Endangered Species and Historic 

Properties Requirements: Construction 

operators are required to follow the 

procedures for determining eligibility 

related to the protection of listed 

endangered or threatened species and 

their critical habitat and to the 

consideration of impacts to historic 

properties. See Appendices D and E, 

respectively. 

5. Authorization Process/NOIs: EPA 

has increased the ‘‘waiting period’’ from 

7 days to 14 days for construction site 

operators seeking coverage under this 

permit. This new 14-day timeframe is 

intended to better reflect the endangered 

species-related reviews that must take 

place prior to authorization. EPA also is 

hoping to maximize the use of its 

electronic NOI, or eNOI, process for 

authorizing construction discharges by 

requiring that construction operators 

seek coverage using the eNOI system. A 

‘‘paper NOI’’ will still be allowed, but 

prior approval by the applicable EPA 

Region is necessary. 

6. Sediment and Erosion Controls: 

The final permit includes specific 

requirements that implement the C&D 

rule’s sediment and erosion control 

limits. While some of these 

requirements are already included in 

the 2008 CGP, the final permit includes 

more detail and additional requirements 

in order to more closely track the 

language and organization of the C&D 

rule. The following is a list of 

requirements that can be considered 

significant modifications to the 2008 

CGP: 

i. Installation of Sediment Controls 

Prior to Construction—By the time 

earth-disturbing activities in any given 

portion of the site have begun, operators 

must install and make operational any 

downgradient sediment controls for the 

initial site clearing, grading, excavating, 

and other land-disturbing activities, 

unless infeasible. Following the 

installation of these initial controls, all 

other stormwater controls described in 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12291 

the SWPPP must be installed and made 

operational as soon as conditions allow. 

ii. General Maintenance 

Requirements—The final permit 

includes requirements for initiating 

work to fix problems on the same day 

that they are found and completing such 

work by the close of the next work day 

if the problem does not require 

significant repair or replacement, or if 

the problem can be corrected through 

routine maintenance. 

iii. Buffer Compliance Alternatives— 

To implement the C&D rule requirement 

to provide and maintain natural buffers 

around surface waters, unless infeasible, 

sites must ensure that any discharges 

flowing through the area between the 

disturbed portions of the property and 

any surface waters located within 50 

feet of the property on which the 

construction activities will occur are 

treated by an area of undisturbed 

natural vegetation and/or additional 

erosion and sediment controls to 

achieve a reduction in sediment loads 

equivalent to that achieved by 50 feet of 

undisturbed natural vegetation. Certain 

exemptions to this requirement based 

on feasibility considerations are also 

provided. Appendix G of the final 

permit has been added to provide 

guidance to operators in complying with 

this requirement. 

iv. Perimeter Controls—Operators are 

required to install sediment controls 

along those perimeter areas of the site 

that will receive stormwater from earthdisturbing activities. 

v. Exit Points—Operators are required 

to minimize track-out of sediment onto 

streets and other paved areas from 

vehicles exiting the construction site. To 

comply with this requirement, the 

operator must (1) restrict vehicle use to 

properly designated exit points, (2) use 

appropriate stabilization techniques and 

other controls, as necessary, at all points 

that exist onto paved roads, (3) where 

necessary, use additional controls to 

remove sediment from vehicle tires 

prior to exit and (4) remove tracked-out 

sediment from paved surfaces by the 

end of the work day in which the track 

out occurs or by the end of the next 

work day if track-out occurs on a nonwork day. 

vi. Storm Drain Inlets—Controls must 

be installed and maintained to remove 

sediment from the discharge prior to 

entry into any storm drain inlets that 

carry stormwater flow directly from the 

site to a surface water and that are 

accessible to the operator. 

vii. Dewatering Practices—Specific 

controls and discharge restrictions 

apply to sites that will discharge ground 

water or accumulated stormwater 

removed from excavations, trenches, 

foundations, vaults, or other similar 

points of accumulation. 

5. Stabilization Requirements: The 

permit includes modified stabilization 

requirements that define more 

specifically what EPA requires for 

temporary and final stabilization. 

6. Pollution Prevention: Beyond 

adopting the specific C&D rule 

requirements for pollution prevention 

and the prohibition of certain 

discharges, the final permit includes 

specific control requirements that 

ensure pollutant discharges are 

eliminated or minimized, depending on 

the source. The pollution prevention 

requirements restrict the discharge of a 

wide range of construction-related 

chemicals and materials, including 

fertilizers, at construction sites. 

7. Water Quality-Based Effluent 

Limits: In addition to general 

requirements that protect water quality 

in all receiving waters, the final permit 

includes specific requirements that 

apply to sites discharging to waters 

impaired for common pollutants 

associated with construction activities, 

such as sediment and nutrients, and to 

sites discharging to high quality waters. 

For such sites, construction activities 

are subject to additional requirements, 

including tighter stabilization deadlines 

(complete stabilization within 7 

calendar days of the temporary or 

permanent cessation of construction 

activities) and more frequent site 

inspections. The permit also includes 

additional requirements for waters 

identified as Tier 2, Tier 2.5, or Tier 3 

for antidegradation purposes. 

8. Site Inspections: The frequency of 

inspections generally is increased 

relative to the 2008 CGP. EPA believes 

that inspections are a cost-effective 

means of ensuring that controls are 

operating properly and thus protecting 

water quality. The storm event size that 

triggers site inspections for those using 

a storm-based schedule is also 

decreased from a 0.5 inch storm event 

to a 0.25 inch storm event. EPA has 

found that most storm events of 0.25 

inches or greater do lead to discharges, 

so that inspection is warranted if the 

operator is using a storm-based 

inspection schedule. For multi-day 

storms, EPA has also clarified that an 

inspection is required both after the first 

day of the event and after the end of the 

event. As in the 2008 CGP, operators 

may also choose a fixed inspections 

schedule that is not storm dependent. 

EPA makes explicit the requirement for 

permittees to visually assess the quality 

of the discharge (e.g., color, odor, 

floating, settled, or suspended solids) if 

the site inspection occurs during a 

discharge-generating rain event. 

9. Corrective Actions: Although the 

2008 CGP required corrective action, it 

did not include specific requirements 

instructing the permittee as to what 

conditions trigger specific corrective 

actions and what deadlines apply. The 

final permit includes specific triggering 

conditions for corrective action as well 

as deadlines to fix such problems and 

document what was done. 

10. Stormwater Pollution Prevention 

Plan (SWPPP): The SWPPP 

requirements are modified in 

accordance with the changes discussed 

above. In general, the requirements are 

more specific than, but consistent with 

the 2008 CGP. 

11. Notice of Termination: EPA 

includes additional requirements that 

affect when a site may terminate 

coverage under the CGP. For instance, 

beyond enabling sites to terminate 

coverage when earth-disturbing 

activities have stopped and the site is 

stabilized, the permit requires the 

removal of all temporary stormwater 

controls and construction materials, 

waste, and waste handling devices. 

E. Construction Projects Eligible for 

Permit Coverage 

This final permit provides coverage to 

eligible operators of ‘‘new projects’’, 

‘‘existing projects’’, and ‘‘new operators 

of existing or new projects.’’ Operators 

of new projects must submit a Notice of 

Intent (NOI) to EPA 14 days prior to 

commencing earth-disturbing activities 

to obtain coverage under this permit. 

The exception is for operators of 

emergency-related projects, which may 

commence construction activities 

immediately provided they submit an 

NOI within 30 days of commencing 

such activities. For existing projects, 

although the existing 2008 CGP has 

expired, operators are authorized under 

the expired permit until they are 

provided coverage under today’s permit, 

in accordance with EPA’s regulations at 

40 CFR 122.6. A similar approach also 

applies to new projects that commence 

construction on or after February 16, 

2012, but no later than March 1, 2012. 

Within 90 days of the issuance of this 

final permit, operators of existing 

projects must complete an NOI for 

coverage under the new permit. If a 

permitted operator is transferring 

control of a construction project to a 

new operator, the new operator must 

submit an NOI 14 days prior to the date 

of transfer. 

F. Geographic Coverage 

This permit provides coverage for 

stormwater discharges from 

construction activities that occur in 

areas where EPA is the permitting 


tkelley on DSK3SPTVN1PROD with NOTICES
12292 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

authority. The areas of geographic 

coverage of this permit are listed in 

Appendix B, and include the states of 

New Hampshire, Massachusetts, New 

Mexico, and Idaho as well as all Indian 

Country lands, and construction by 

Federal Operators in selected states. 

Permit coverage is also provided in 

Puerto Rico, the District of Columbia, 

and the Pacific Island territories. The 

only changes to the 2008 CGP’s area of 

coverage is that Indian Country lands in 

Region 4 are now added to the final 

permit’s area of coverage, and due to a 

phased delegation of the NPDES 

program to the state of Alaska starting 

in late 2008, EPA now retains NPDES 

permitting authority only for discharges 

occurring within the Denali National 

Park and Preserve, and in Indian 

Country located within the state of 

Alaska. 

In addition, because certifications 

required by Section 401 of the Clean 

Water Act, and for a few states 

certifications required by the Coastal 

Zone Management Act, were not 

received in time, new and existing 

construction projects in the following 

areas are not yet eligible for coverage 

under this permit: 

• The State of Idaho; 

• Construction in the State of 

Washington by Federal Operators; 

• The Fond Du Lac Band and Grand 

Portage Band of Lake Superior 

Chippewa in Minnesota; and 

• Bad River, Lac Du Flambeau, and 

Sokaogon Chippewa (Mole Lake) 

Community in Wisconsin. 

EPA will announce the availability of 

coverage under the CGP for these areas 

in separate Federal Register notice(s) as 

soon as possible after the certifications 

are completed. In the meantime, 

operators of new construction projects 

in these areas may apply for coverage 

with their EPA Regional Office under an 

individual NPDES permit. For operators 

of existing projects that are currently 

covered under either the 2003 or 2008 

CGPs, their coverage will continue 

under those permits. If the project will 

continue after the date that the 2012 

CGP becomes available in the applicable 

area, the operator will be given 90 days 

to file an NOI for coverage under this 

permit. 

IV. Webcasts, Guidance, and Other 

Implementation Assistance 

Following issuance of this permit, 

EPA plans to provide further assistance 

to construction operators, state 

permitting authorities, and other 

interested parties on various aspects of 

this new permit. The following 

activities or documents are already 

planned: 

• National Webcast: EPA will host a 

webcast on March 15, 2012 that will 

provide an overview of the new permit 

and an opportunity for participants to 

ask questions. EPA anticipates that more 

webcasts will be offered covering the 

same material or more specific aspects 

of the permit. The Agency will 

announce any future webcasts on the 

CGP Web site at http://cfpub.epa.gov/ 

npdes/stormwater/cgp.cfm. 

• SWPPP Template, SWPPP Guide 

and Sample SWPPPs: EPA has provided 

an updated SWPPP Template that can 

be used by construction operators to put 

together their site-specific SWPPP 

document. The SWPPP Template, 

which is available at http:// 

cfpub.epa.gov/npdes/stormwater/ 

cgp.cfm, has been updated to include 

the new requirements of the 2012 CGP. 

EPA is also in the process of updating 

its SWPPP guide, Developing Your 

Stormwater Pollution Prevention Plan: 

A Guide for Construction Sites. While 

EPA plans to make the updated SWPPP 

guide available in the next few months, 

construction operators may still find the 

guide useful as an overall planning 

document and for specific components 

of the SWPPP, to the extent that they are 

consistent with the new permit’s 

requirements. Additionally, EPA also 

plans to provide in the near future 

updated, sample SWPPPs, which will 

illustrate examples of what the Agency 

believes to be documents that comply 

with the Part 7 SWPPP requirements of 

the new permit. 

• Inspection Report Template: EPA 

will also be providing an updated 

template form that can be used by 

construction operators to document 

inspections completed pursuant to the 

new permit’s requirements in Part 4. 

EPA will consider additional outreach 

to support the new permit based on the 

level of interest and demand. 

V. National Environmental Policy Act 

(NEPA) 

Pursuant to the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321–4307h), the Council on 

Environmental Quality’s NEPA 

regulations (40 CFR part 15), and EPA’s 

regulations for implementing NEPA (40 

CFR part 6), EPA has prepared an 

Environmental Assessment (EA) that 

analyzed the potential environmental 

impacts of issuing the new CGP. The EA 

considered the potential environmental 

impacts from the discharge of pollutants 

in stormwater discharges associated 

with construction activity where EPA is 

the permitting authority. The 

environmental review process, which is 

documented by the EA, indicated that 

no significant environmental impacts 

are anticipated from the issuance of the 

new CGP. The EA was posted on the 

docket for this permit at http:// 

www.regulations.gov/ 

#!documentDetail;D=EPA-HQ-OW-2010- 

0782-0173 for public review and 

comment. Accordingly after evaluating 

comments received on the EA, EPA 

issued a Finding of No Significant 

Impact (FONSI) to document this 

determination. 

For further information regarding 

NEPA contact: Jessica Trice, NEPA 

Compliance Division, Office of Federal 

Activities, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Mail Code: 2252A, 

Washington, DC 20460. Telephone: 

(202) 564–6646. 

VI. Executive Orders 12866 and 13563 

Under Executive Order (EO) 12866 

(58 FR 51735 (October 4, 1993)) this 

action is a ‘‘significant regulatory 

action.’’ Accordingly, EPA submitted 

this action to the Office of Management 

and Budget (OMB) for review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011) and any 

changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12293 

VII. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this permit 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. The provisions 

in this permit include new requirements 

for erosion and sediment control and 

pollution prevention, and result in an 

increase in the level of environmental 

protection. For sites covered under the 

new permit, the requirements in this 

permit apply equally to all construction 

projects that disturb one or more acres 

in areas where EPA is the permitting 

authority, and therefore do not 

disproportionately and adversely affect 

minority or low-income populations. 

VIII. Executive Order 13175: 

Consultation and Coordination With 

Indian Tribal Governments 

In compliance with Executive Order 

13175, EPA has consulted with tribal 

officials to gain an understanding of 

and, where necessary, to address the 

tribal implications of the final CGP. In 

the course of this consultation, EPA 

undertook the following activities: 

• December 15, 2010—EPA presented 

an overview of the current CGP and the 

requirements in the C&D rule to the 

National Tribal Water Council. The 

presentation was posted on the 

Council’s portal Web site at http:// 

www.epa.gov/tp/consultation/calendararch.htm. 

• March 16, 2011—EPA presented 

additional information to the Council 

related to the CGP and the C&D rule 

requirements that would be 

incorporated into the proposed permit. 

This presentation, as well as a 

document providing written answers to 

questions, was posted on the Council’s 

portal Web site at http://www.epa.gov/ 

tp/pdf/meeting-qa-031611.pdf. 

• April 26, 2011—EPA provided 

email notification to Tribes of the April 

25, 2011 proposal of the draft CGP, and 

invited those interested to provide the 

Agency with comments. EPA notes that 

during the public comment period on 

the proposed CGP, EPA received written 

comments from one tribe. The tribe 

provided specific comments requesting 

modifications or clarification for 

provisions in several permit sections, 

including erosion and sediment control, 

pollution prevention, water qualitybased requirements, inspections, 

corrective action, and permit 

termination. EPA addressed many of the 

tribe’s concerns in the final permit, and 

responded to each of the tribe’s 

comments in the Response to Comment 

Document located in the docket. 

• January 19, 2012—EPA provided an 

overview to Tribal Historic Preservation 

Officials (THPOs) of the screening 

process to be used in the new permit for 

determining whether stormwater control 

activities authorized under the permit 

could affect historic properties. 

EPA also notes that as part of the 

finalization of this permit it has 

completed Section 401 certification 

procedures with all applicable tribes 

where this permit will apply (see 

Appendix B), with the exception of 

tribes in Region 5, which, as noted 

above, are still in the process of 

completing such certification. 

IX. Analysis of Economic Impacts 

EPA expects the economic impact on 

entities covered under this permit, 

including small businesses, to be 

minimal. A copy of EPA’s economic 

analysis, titled, ‘‘Economic Analysis: 

Cost Implications of the 2012 CGP’’ is 

available in the docket for this permit. 

The economic impact analysis indicates 

that while there will be some 

incremental increase in the costs of 

complying with the new permit, these 

costs will not have a significant 

economic impact on a substantial 

number of small entities. The economic 

impact analysis is included in the 

administrative record for this permit. 

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

et seq. 

Dated: February 16, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

Dated: February 19, 2012. 

Jose ́ C. Font, 

Acting Division Director, Caribbean 

Environmental Protection Division, EPA 

Region 2. 

Dated: February 16, 2012. 

John Filippelli, 

Director, Division of Environmental Planning 

& Protection, EPA Region 2. 

Dated: February 16, 2012. 

Catherine A. Libertz, 

Assistant Director, Water Protection Division, 

EPA Region 3. 

Dated: February 16, 2012. 

James D. Giattina, 

Director, Water Protection Division, EPA 

Region 4. 

Dated: February 16, 2012. 

Tinka G. Hyde, 

Director, Water Division, EPA Region 5. 

Dated: February 16, 2012. 

William K. Honker, 

Acting Director, Water Quality Protection 

Division, EPA Region 6. 

Dated: February 16, 2012. 

Karen Flournoy, 

Director, Water, Wetlands and Pesticides 

Division, EPA Region 7. 

Dated: February 16, 2012. 

Melanie L. Pallman, 

Acting Assistant Regional Administrator, 

Office of Partnerships and Regulatory 

Assistance, EPA Region 8. 

Dated: February 16, 2012. 

Nancy Woo, 

Deputy Director, Water Division, EPA Region 

9. 

Dated: February 16, 2012. 

Michael J. Lidgard, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2012–4822 Filed 2–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2011–0847; FRL–9641–2] 

PCBs Bulk Product v. Remediation 

Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for Public Comment. 

SUMMARY: EPA is seeking comment on a 

proposed reinterpretation of its position 

regarding the polychlorinated biphenyl 

(PCB) disposal regulations regarding 

PCB bulk product and PCB remediation 

waste. The proposed reinterpretation is 


tkelley on DSK3SPTVN1PROD with NOTICES