58830 Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices 

plan for the Area for future conformity 

determinations. 

DATES: This adequacy finding for VOC 

and NOX MVEBs is effective October 9, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, U.S. Environmental 

Protection Agency, Region 4, Air 

Planning Branch, Air Quality Modeling 

and Transportation Section, 61 Forsyth 

Street SW., Atlanta, Georgia 30303. Ms. 

Sheckler can also be reached by 

telephone at (404) 562–9222, or via 

electronic mail at 

sheckler.kelly@epa.gov. The finding is 

available at EPA’s conformity Web site: 

http://www.epa.gov/otaq/ 

stateresources/transconf/adequacy.htm. 

SUPPLEMENTARY INFORMATION: Today’s 

notice is simply an announcement of 

findings that EPA has already made. 

EPA Region 4 sent a letter to SC DHEC 

on September 5, 2012, stating that the 

2013 and 2022 VOC and NOX MVEBs in 

the 1997 8-hour ozone maintenance 

plan for the South Carolina portion of 

the bi-state Charlotte Area (also known 

as York County), dated June 1, 2011, are 

adequate. EPA posted the availability of 

these MVEBs on EPA’s Web site on 

October 28, 2011, as part of the 

adequacy process, for the purpose of 

soliciting comments. The comment 

period ran from October 28, 2011, 

through November 28, 2011. EPA did 

not receive any comments in response 

to the adequacy posting. EPA’s findings 

have also been announced on EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

index.htm, (once there, click 

‘‘Transportation Conformity’’ text icon, 

then look for ‘‘Adequacy Review of SIP 

Submissions’’). 

The VOC and NOX MVEBs for York 

County are defined in the following 

table: 

YORK COUNTY VOC AND NOX

MVEBS

[Kilograms per day] 

2013 2022 

NOX MVEBs ............. 11,272 11,368 

VOC MVEBs ............. 3,699 3,236 

Transportation conformity is required 

by section 176(c) of the Clean Air Act, 

as amended in 1990. EPA’s conformity 

rule, 40 CFR part 93, requires that 

transportation plans, programs and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedures for 

determining whether or not they do. 

Conformity to a state implementation 

plan (SIP) means that transportation 

activities will not produce new air 

quality violations, worsen existing 

violations, or delay timely attainment of 

the NAAQS. 

The criteria by which the EPA 

determines whether a SIP’s MVEB are 

adequate for transportation conformity 

purposes are outlined in 40 CFR 

93.118(e) (4). EPA has described the 

process for determining the adequacy of 

submitted SIP budgets in a May 14, 

1999, memorandum entitled 

‘‘Conformity Guidance on 

Implementation of March 2, 1999 

Conformity Court Decision.’’ EPA has 

followed this guidance in making this 

adequacy determination. This guidance 

is incorporated into EPA’s July 1, 2004, 

final rulemaking entitled 

‘‘Transportation Conformity Rule 

Amendments for the New 8-hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards and Miscellaneous Revisions 

for Existing Areas; Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes.’’ See 69 FR 

40004. Please note that an adequacy 

review is separate from EPA’s 

completeness review, and it also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if EPA finds 

the MVEBs adequate, the Agency may 

later disapprove the SIP. 

Within 24 months from the effective 

date of this notice, the transportation 

partners will need to demonstrate 

conformity to the new MVEBs if the 

demonstration has not already been 

made, pursuant to 40 CFR 93.104(e). See 

73 FR 4419 (January 24, 2008). 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 11, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–23493 Filed 9–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9731–4] 

State Program Requirements; 

Application To Administer Partial 

National Pollutant Discharge 

Elimination Program; Oklahoma 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Oklahoma Department of 

Agriculture, Food and Forestry (ODAFF) 

has submitted to the Environmental 

Protection Agency (EPA) an application 

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’’). ODAFF seeks approval to 

administer 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 its 

jurisdiction. Today, EPA is providing 

public notice of ODAFF’s request for 

AgPDES program approval and of both 

a public hearing and public comment 

period on the State’s program approval 

submission. EPA will either approve or 

disapprove authorization of the AgPDES 

program after considering all comments 

received. 

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 official 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 may be obtained from EPA 

Region 6 in Dallas for a cost of $0.15 per 

page. 

DATES: The public comment period on 

the State’s application will run from the 

date of publication until November 8, 

2012. Comments may be submitted in 

paper or electronically and must be 

received or post-marked no later than 

midnight on November 8, 2012. Both an 

informal public meeting and a public 

hearing will be held in Oklahoma City, 

Oklahoma on October 25, 2012. The 

public meeting will include a 

presentation on the AgPDES program 

approval request and a question and 

answer session. Written, but not oral, 

comments for the official record will be 

accepted at the public meeting. The 

public hearing will be conducted in 

accordance with 40 CFR 124.12 and will 

provide interested parties with the 

opportunity to provide written and/or 

oral comments for the official record. 

The public meeting will begin at 6 p.m. 

The public hearing will begin at 7 p.m. 

Both the public meeting and the public 

hearing will be held at the Metro 

Technology Centers, Springlake 

Campus/Business Conference Center, 

Auditorium, 1900 Springlake Drive, 

Oklahoma City, Oklahoma 73111. 

ADDRESSES: Comments should be sent 

to: Ms. Diane Smith (6WQ–NP), U.S. 

Environmental Protection Agency, 


TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices 58831 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733. 

Comments may also be submitted via 

email to the following address: 

smith.diane@epa.gov. 

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. However, ODAFF 

does not have jurisdiction over all 

discharges within the State of 

Oklahoma. A large portion of the State’s 

discharges are within the jurisdiction of 

the Oklahoma Department of 

Environmental Quality (ODEQ) and 

other discharges are within the 

jurisdiction of the Oklahoma 

Corporation Commission. 

The regulatory requirements for state 

program approval are set forth in 40 

CFR part 123. 40 CFR 123.21 lists the 

basic elements of an approvable 

application. EPA Region 6 considers the 

documents submitted by the State of 

Oklahoma administratively complete at 

the time of this document. EPA will 

make a final decision regarding AgPDES 

program approval after completion of a 

public hearing and public comment 

period on the State’s application and 

after consideration of all public 

comments provided during the public 

comment period or at the public 

hearing. 

On August 16, 2012, the Governor of 

Oklahoma requested NPDES major 

category partial permit program 

approval and submitted, in accordance 

with 40 CFR Section 123.21 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 has 

determined that ODAFF’s August 16th 

application for partial program 

approval, as amended September 7, 

2012, constitutes a complete State 

program submission under 40 CFR 

123.21. A letter of completeness was 

sent to ODAFF on September 13, 2012. 

EPA is required to approve ODAFF’s 

application within 90 days of submittal 

of a complete submission unless the 

submittal does not meet the 

requirements of Section 402(b) of the 

Act and EPA regulations, or EPA and 

ODAFF jointly agree to extend this 

deadline. (See 40 CFR 123.21(d)). To 

obtain such approval, ODAFF must 

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. After close of the 

comment period, the Regional 

Administrator for EPA Region 6 will 

make a decision to approve or 

disapprove the AgPDES program for 

implementation by the State. EPA’s final 

decision to approve or disapprove the 

AgPDES program will be based on the 

requirements of Section 402 of the CWA 

and 40 CFR part 123. 

If EPA approves the AgPDES program, 

the Regional Administrator will so 

notify the State and will sign the 

proposed MOA. Notice will be 

published in the Federal Register and, 

as of the date of program approval, EPA 

will transfer to ODAFF NPDES 

permitting authority and primary 

enforcement responsibility for those 

discharges subject to the AgPDES 

program. If EPA’s Regional 

Administrator disapproves the AgPDES 

program, ODAFF will be notified of the 

reasons for disapproval and of any 

revisions or modifications to the 

program which are necessary to obtain 

approval. 

Public Hearing Procedures 

The following procedures will be 

used at the public hearing: 

1. The Presiding Officer will conduct 

the hearing in a manner which will 

allow all interested persons wishing to 

make oral statements an opportunity to 

do so; however, the Presiding Officer 

may inform attendees of any time limits 

during the opening statement of the 

hearing. 

2. Any person may submit written 

statements or documents for the record. 

3. The Presiding Officer may in his 

discretion exclude oral testimony if 

such testimony is overly repetitious of 

previous testimony or is not relevant to 

the decision to approve or require 

revision of ODAFF’s application. 

4. The transcript taken at the hearing, 

together with copies of all submitted 

statements and documents, shall 

become a part of the record submitted 

to the Regional Administrator. 

5. The hearing record will be left open 

until the deadline for receipt of 

comments specified at the beginning of 

this Notice to allow any person time to 

submit additional written statements or 

to present views or evidence tending to 

rebut testimony presented at the public 

hearing. 

6. Hearing statements may be oral or 

written. Written copies of oral 

statements are urged for accuracy of the 

record and for use of the Hearing Panel 

and other interested persons. Persons 

wishing to make oral testimony 

supporting their written comments are 

encouraged to summarize their points 

rather than reading lengthy written 

comments verbatim into the record. All 

comments received by EPA Region 6 by 

the deadline for receipt of comments, or 

presented at the public hearing, will be 

considered by EPA before taking final 

action on ODAFF’s request for AgPDES 

program approval. 

Scope, Transfer of NPDES Authority, 

and Summary of the AgPDES Program 

Documents 

A. Scope of the Partial Program 

The proposed AgPDES program is a 

major category partial permit program in 

conformance with the requirements of 

Section 402(n)(3) of the CWA. The 

proposed program is a complete permit 

program for all discharges under 

ODAFF’s jurisdiction and represents a 

significant and identifiable part of the 

state program required by § 402(b) of the 

CWA. The Oklahoma discharges subject 

to regulation under the federal NPDES 

program and the AgPDES program 

administered by ODAFF are point 

source discharges associated with 

concentrated animal feeding operations 

(‘‘CAFO’’), discharges from the 

application of biological pesticides or 

chemical pesticides that leave a residue, 


TKELLEY on DSK3SPTVN1PROD with NOTICES
58832 Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices 

discharges from silviculture activities, 

and discharges of storm water from 

agricultural activities. 

ODAFF has jurisdiction over all 

matters affecting agriculture that have 

not been expressly delegated to another 

state or federal agency, as set out in the 

Oklahoma Agriculture Code, and is 

responsible for fully implementing and 

enforcing the laws and rules within its 

jurisdictional areas of environmental 

responsibility. The Oklahoma 

Environmental Quality Act gives 

ODAFF environmental jurisdiction over 

point source discharges from 

agricultural crop production and 

agricultural services. It also gives the 

Agency environmental jurisdiction 

specific to the application of pesticides. 

ODAFF does not have jurisdiction over 

storm water discharges associated with 

industrial activity (as defined at 40 CFR 

122.26(b)(14)) at facilities whose 

primary industrial activity is storage of 

grain, feed seed, fertilizer, and 

agriculture chemicals (e.g., SIC code 

4121) and are thus required by federal 

regulations to have a storm water 

permit. However, ODAFF’s jurisdiction 

includes all discharges at facilities 

regulated by ODAFF that only 

incidentally store grain, feed, seed, 

fertilizer, and agriculture chemicals to 

support the primary activity of the 

facility (e.g., feed storage at a CAFO). 

ODAFF has the necessary jurisdiction to 

regulate discharges resulting from 

agricultural and non-agricultural 

applications of pesticides; except for 

discharges from industrial processes, 

municipal treatment works, and 

municipal and industrial storm water, 

for which the Oklahoma Environmental 

Quality Act has expressly delegated 

jurisdiction to the Oklahoma 

Department of Environmental Quality 

(ODEQ). ODAFF also has jurisdiction to 

regulate discharges resulting from 

silvicultural discharges related to tree 

growing, planting management, log 

transport and log storage, and other 

activities, except those related to wood 

preservation and processing regulated 

pursuant to 40 CFR part 429 (Timber 

Products Processing) and part 436 

(Mineral Mining and Processing), which 

are regulated by ODEQ. 

Activities that are not within 

ODAFF’s environmental jurisdiction 

include commercial manufacturers of 

fertilizers, grain and feed products, and 

chemicals; manufacturing of food and 

kindred products, tobacco, paper, 

lumber, wood, textile mill and other 

agricultural products; slaughterhouses, 

except for feedlots at those facilities; 

and aquaculture and fish hatcheries. 

These exceptions to the Agency’s 

jurisdiction include, but are not limited 

to, discharges of pollutants and storm 

water to waters of the state, surface 

impoundments and land application of 

wastes and sludge, and other pollution 

originating at these facilities. 

ODAFF is not seeking authority to 

regulate discharges to Indian Country, 

as defined in 18 U.S.C. 1151. EPA 

retains NPDES permitting authority and 

primary enforcement responsibility over 

Indian Country in the State of 

Oklahoma. 

B. Transfer of NPDES Authority and 

Pending Actions 

Upon approval of the AgPDES 

program, authority for all NPDES 

permitting activities, as well as primary 

responsibility for NPDES enforcement 

activities, within the scope of ODAFF’s 

jurisdiction, would be transferred to the 

State. EPA would retain on a permanent 

basis its authority under section 402(d) 

of the CWA to object to AgPDES permits 

proposed by ODAFF, and if the 

objections are not resolved, to issue 

federal NPDES permits for those 

discharges. EPA would also retain on a 

permanent basis its authority under 

sections 402(I) and 309 of the CWA to 

file federal enforcement actions in those 

instances in which EPA determines the 

State has not taken timely or 

appropriate enforcement action. 

Upon program authorization, ODAFF 

will take over administration and 

enforcement of EPA-issued general 

permits for those discharges under its 

jurisdiction while EPA will retain 

administration of the general permits for 

those discharges remaining under EPA 

jurisdiction. Dischargers remaining 

under EPA jurisdiction include those 

discharges to waters in Indian Country 

and those discharges under the 

jurisdiction of the Oklahoma 

Corporation Commission. The transfer 

of EPA-issued permits is described in 

Section IV.B of the MOA. A Table 

outlining jurisdiction over general 

permits after program authorization has 

been prepared and is available on EPA’s 

Web site. This notice also serves as 

notice that the permits will be modified 

by EPA and ODAFF as necessary to 

reflect the transfer of jurisdiction 

pursuant to 40 CFR 123.1(d)(1) and 

123.24(b)(1)(i). 

I hereby provide public notice of the 

application by the State of Oklahoma for 

approval to administer the AgPDES 

program for discharges into navigable 

waters within its jurisdiction in 

accordance with Section 402(b) of the 

CWA and 40 CFR part 123. 

Dated: September 13, 2012. 

Samuel Coleman, 

Acting Regional Administrator, EPA Region 

6. 

[FR Doc. 2012–23489 Filed 9–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection(s) Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

(OMB) 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; request for comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burden and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3502– 

3520), the Federal Communications 

Commission invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collection(s). 

Comments are requested concerning: 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimates; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid OMB control 

number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before October 24, 

2012. If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Submit your PRA comments 

to Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 


TKELLEY on DSK3SPTVN1PROD with NOTICES