Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 729 

The States of South Dakota and Utah 

have been authorized permitting 

authority for sewage sludge, therefore 

the EPA’s general permits will be 

reissued only for Indian country in 

those States. The general permit for 

Indian country in Utah does not include 

the portions of the Goshute Indian 

Reservation and the Navajo Nation in 

Utah because the permitting activities 

for these reservations are done by 

Region 9 of the EPA. The State of 

Colorado has not been authorized 

permitting authority for Federal 

facilities, so a general permit is 

proposed for Federal facilities not 

located in Indian country. 

Authorization for use/disposal of 

sewage sludge under the general permits 

may be for one of the following three 

categories: Category 1—Facilities/ 

operations that generate and/or partially 

treat sewage sludge, but do not use/ 

dispose of sewage sludge; Category 2— 

Facilities/operations that use/dispose of 

sewage sludge and may also generate 

and/or treat sewage sludge; and 

Category 3—Wastewater lagoon systems 

that need to land apply sewage sludge 

on an occasional, restricted basis. 

Authorization for use/disposal of 

sewage sludge under the general permit 

will be limited to one of the three 

categories, but authorization may be 

granted to one or more subcategories 

under Category 2. In applying for 

authorization for use/disposal of sewage 

sludge under the general permit, the 

applicant will be required to specify 

under which category or subcategory(s) 

authorization is being requested. 

However, the permit issuing authority 

will have the final determination as to 

which category or subcategory(s) the 

authorization will be granted. The 

requirements in the permit for the use/ 

disposal of sewage sludge are based 

primarily on 40 CFR Part 503. 

Other Legal Requirements 

Economic Impact (Executive Order 

12866): The EPA has determined that 

the issuance of this general permit is not 

a ‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735 (October 4, 1993)) and is 

therefore not subject to formal OMB 

review prior to proposal. 

Paperwork Reduction Act: The EPA 

has reviewed the requirements imposed 

on regulated facilities in these proposed 

general permits under the Paperwork 

Reduction Act of 1980, 44 U.S.C. § 501 

et seq. The information collection 

requirements of these permits have 

already been approved by the Office of 

Management and Budget in submissions 

made for the NPDES permit program 

under the provisions of the Clean Water 

Act. 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq., as amended by the 

Small Business regulatory Enforcement 

Fairness Act (SBREFA): The RFA 

requires that the EPA prepare a 

regulatory flexibility analysis for rules 

subject to the requirements of 5 U.S.C. 

553(b) that have a significant impact on 

a substantial number of small entities. 

The permit proposed today, however, is 

not a ‘‘rule’’ subject to the requirements 

of 5 U.S.C. 553(b) and is therefore not 

subject to the RFA. 

Unfunded Mandates Reform Act: 

Section 201 of the Unfunded Mandates 

Reform Act (UMRA), Public Law 104–4, 

generally requires Federal agencies to 

assess the effects of their ‘‘regulatory 

actions’’ defined to be the same as 

‘‘rules’’ subject to the RFA) on tribal, 

state, local governments and the private 

sector. The permit proposed today, 

however, is not a ‘‘rule’’ subject to the 

RFA and is therefore not subject to the 

requirements of the UMRA. 

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

et seq. 

Dated: December 17, 2012. 

Derrith R. Watchman-Moore, 

Assistant Regional Administrator, Office of 

Partnerships and Regulatory Assistance. 

[FR Doc. 2012–31716 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9767–6; CERCLA–04–2012–3780] 

Ellman Battery Superfund Site; 

Orlando, Orange County, FL; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of settlement. 

SUMMARY: Under 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into an Ability To Pay 

settlement to recover outstanding cost 

from two parties concerning a previous 

Removal Action at the Ellman Battery 

Superfund Site located in Orlando, 

Orange County, Florida. 

DATES: The Agency will consider public 

comments on the settlement until 

February 4, 2013. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments by Site name 

Ellman Battery Superfund Site by one of 

the following methods: 

• www.epa.gov/region4/superfund/ 

programs/enforcement/ 

enforcement.html. 

• Email. Painter.Paula@epa.gov. 

• U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: December 10, 2012. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2012–31733 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9767–7; CERCLA–04–2013–3752] 

Leonard Chemical Superfund Site; 

Catawba, York County, SC; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement to recover 

outstanding cost from three parties who 

did not participate in a previous 

Consent Decree to perform a Remedial 

Action at the Leonard Chemical 

Superfund Site located in Catawba, 

York County, South Carolina. 

DATES: The Agency will consider public 

comments on the settlement until 

February 4, 2013. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments by Site name 

Leonard Chemical Superfund Site by 

one of the following methods: 

• www.epa.gov/region4/superfund/ 

programs/enforcement/ 

enforcement.html 

• Email. Painter.Paula@epa.gov 

mstockstill on DSK4VPTVN1PROD with 

730 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

• U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: December 7, 2012. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2012–31731 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9767–1] 

State Program Requirements; 

Approval of Application To Administer 

Partial National Pollutant Discharge 

Elimination Program; Oklahoma 

AGENCY: Environmental Protection 

Agency. 

ACTION: Approval of Oklahoma 

Department of Agriculture, Food and 

Forestry’s (ODAFF) Agricultural 

Pollutant Discharge Elimination System 

program under the Clean Water Act. 

SUMMARY: On December 20, 2012, the 

Regional Administrator for the 

Environmental Protection Agency, 

Region 6 (EPA) approved the request of 

the State of Oklahoma for authorization 

of the Agriculture Pollutant Discharge 

Elimination System (AgPDES) program 

pursuant to Section 402(b) of the Clean 

Water Act (CWA or ‘‘the Act’’). The 

AgPDES program will be administered 

by the Oklahoma Department of 

Agriculture, Food and Forestry (ODAFF) 

and is a major category partial National 

Pollutant Discharge Elimination System 

(NPDES) permit program under Section 

402(n)(3) of the Act for all discharges of 

pollutants into waters of the United 

States within ODAFF’s jurisdiction. 

DATES: Effective Date: Pursuant to 40 

CFR 123.61(c), the AgPDES program 

was approved and became effective on 

December 20, 2012. As of the date of 

program approval, NPDES permitting 

authority for those discharges subject to 

the AgPDES program transferred from 

EPA to ODAFF. 

To View or Obtain Copies of 

Documents: Copies of ODAFF’s program 

approval submission (referred to 

throughout this document as ODAFF’s 

application) and all other documents in 

the Administrative Record are available 

for inspection from 9 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays, at EPA Region 6, 1445 Ross 

Ave., Dallas, Texas 75202. 

A copy of ODAFF’s application is 

available online at the EPA Region 6 

web page: http://www.epa.gov/region6/ 

water/npdes/ok-daff/index.html A 

paper copy of part of all of the State’s 

application or any other documents in 

the Administrative Record may be 

obtained from EPA Region 6 in Dallas 

for a cost of .15 cents per page. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Denise Hamilton at the EPA address 

listed above or by calling (214) 665– 

2775, FAX (214) 665–2191, email: 

Hamilton.Denise@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

402 of the CWA created the NPDES 

program under which EPA may issue 

permits for the point source discharge of 

pollutants to waters of the United States 

under conditions required by the Act. 

Section 402(b) requires EPA to authorize 

a State to administer an equivalent state 

program upon the Governor’s request, 

provided the State has appropriate legal 

authority and a program sufficient to 

meet the Act’s requirements. Major 

category partial permit program 

approval is provided for under section 

402(n)(3) of the CWA. Pursuant to that 

Section, EPA may approve a partial 

permit program covering a major 

category of a State’s discharges if the 

program represents a complete permit 

program and covers all of the discharges 

under the jurisdiction of the agency 

seeking approval, and if EPA determines 

that the partial program represents a 

significant and identifiable part of the 

State program required by Section 

402(b) of the Act. The Oklahoma 

discharges subject to regulation under 

the federal NPDES program and the 

AgPDES program administered by 

ODAFF are discharges associated with 

concentrated animal feeding operations 

(‘‘CAFO’’), discharges from the 

application of biological pesticides or 

chemical pesticides that leave a residue, 

discharges from silviculture activities, 

and discharges of storm water from 

agricultural activities. ODAFF does not 

have jurisdiction over all discharges 

within the State of Oklahoma. A large 

portion of the State’s discharges are 

covered by the Oklahoma Department of 

Environmental Quality’s (ODEQ’s) 

approved NPDES program. EPA retains 

jurisdiction over discharges to Indian 

Country, as defined in 18 U.S.C. 1151, 

and over discharges under the 

jurisdiction of the Oklahoma 

Corporation Commission. 

On August 16, 2012, the Governor of 

Oklahoma requested NPDES major 

category partial permit program 

approval and submitted, in accordance 

with 40 CFR 123.21 a program 

description (including funding, 

personnel requirements and 

organization, and permit and 

enforcement procedures), a Statement of 

Legal Authority, copies of applicable 

State statutes and regulations, and a 

Memorandum of Agreement (MOA) to 

be executed by the Regional 

Administrator of EPA Region 6 and the 

Commissioner of Agriculture for 

ODAFF. ODAFF seeks permitting and 

enforcement authority for all discharges 

within its jurisdiction. At the request of 

EPA, ODAFF made revisions to several 

of the program submittal documents and 

the last of these revisions was received 

by EPA on September 7, 2012. EPA 

determined that ODAFF’s August 16th 

application for partial program 

approval, as amended September 7, 

2012, was complete under 40 CFR 

123.21 and a letter of completeness was 

sent to ODAFF on September 14, 2012. 

On September 24, 2012, notice of the 

State’s application was published in the 

Federal Register (77 FR 58830), 

announcing a 45 day public comment 

period. Notice was also published in the 

Daily Oklahoman and Tulsa World 

newspapers on September 25, 2012. 

Both an informal public meeting and a 

public hearing were held in Oklahoma 

City, Oklahoma on October 25, 2012. 

The public meeting included a 

presentation on Oklahoma’s request for 

AgPDES program approval and a 

question and answer session. Oral and 

written comments for the official record 

were accepted at the public hearing, 

which was held in accordance with 40 

CFR 124.12. 

EPA was required to approve 

ODAFF’s application within 90 days of 

submittal of a complete submission 

unless the submittal did not meet the 

requirements of Section 402(b) of the 

Act and EPA regulations, or EPA and 

ODAFF jointly agreed to extend this 

deadline. (See 40 CFR 123.2l (d). By 

email dated December 4, 2012, EPA and 

ODAFF extended the statutory review 

period until December 20, 2012. 

To obtain program approval, ODAFF 

was required to show among other 

things that it has authority to issue 

permits that comply with the Act, 

authority to impose civil and criminal 

penalties for permit violations, and 

authority to ensure that the public is 

given notice and opportunity for a 

hearing on each proposed permit. 

Authority to approve State programs 

is provided to EPA pursuant to Section 

402(b) of the CWA. The regulatory 

requirements for state program approval 

are set forth in 40 CFR part 123. EPA’s 

decision to approve the AgPDES 

program is based on the requirements of 

CWA § 402 and 40 CFR part 123. In 

making its decision, EPA considered all 

comments and issues raised during the 

public comment period, including those 

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