59672 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 

comments. A fuller description of the 

ICR is given below, including its 

estimated burden and cost to the public. 

An Agency may not conduct or sponsor 

and a person is not required to respond 

to a collection of information unless it 

displays a currently valid OMB control 

number. 

DATES: Additional comments may be 

submitted on or before October 28, 

2013. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OECA–2013–0345, to: (1) EPA 

online, using www.regulations.gov (our 

preferred method), by email to: 

docket.oeca@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460; and (2) OMB via 

email to oira_submission@omb.eop.gov. 

Address comments to OMB Desk Officer 

for EPA. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Learia Williams, Monitoring, 

Assistance, and Media Programs 

Division, Office of Compliance, Mail 

Code 2227A, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–4113; fax number: 

(202) 564–0050; email address: 

williams.learia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain 

in detail the information that the EPA 

will be collecting are available in the 

public docket for this ICR. The docket 

can be viewed online at 

www.regulations.gov or in person at the 

EPA Docket Center, WJC West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The telephone number 

for the Docket Center is 202–566–1744. 

For additional information about EPA’s 

public docket, visit: http:// 

www.epa.gov/dockets. 

Abstract: The affected entities are 

subject to the General Provisions of the 

NESHAP for Metal Can Manufacturing 

Surface Coating at 40 CFR part 63, 

subpart A, and any changes, or 

additions, to the Provisions specified at 

40 CFR part 63, subpart KKKK. Owners 

or operators of the affected facilities 

must submit a one-time-only report of 

any physical or operational changes, 

initial performance tests, and periodic 

reports and results. Owners or operators 

are also required to maintain records of 

the occurrence and duration of any 

startup, shutdown, or malfunction in 

the operation of an affected facility, or 

any period during which the monitoring 

system is inoperative. Reports are 

required semiannually at a minimum. 

Form Numbers: None. 

Respondents/affected entities: Metal 

can manufacturing facilities with 

surface coating operations. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 63, subpart 

KKKK). 

Estimated number of respondents: 71 

(total). 

Frequency of response: Initially, 

occasionally, and semiannually 

Total estimated burden: 27,517 hours 

(per year). ‘‘Burden’’ is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3,258,800 (per 

year), includes $85,200 annualized 

capital or operation & maintenance 

costs. 

Changes in the Estimates: There is no 

change in the labor hours in this ICR 

compared to the previous ICR. This is 

due to two considerations: (1) The 

regulations have not changed over the 

past three years and are not anticipated 

to change over the next three years; and 

(2) the growth rate for the respondents 

is very low, negative or non-existent. 

Therefore, the labor hours in the 

previous ICR reflect the current burden 

to the respondents and are reiterated in 

this ICR. However, there is an 

adjustment increase in the respondent 

cost due to labor rate increases. 

Richard T. Westlund, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. 2013–23569 Filed 9–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2012–0803; FRL–9901–52– 

OW] 

Draft National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Stormwater Discharges 

From Industrial Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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

8, 9, and 10 are today proposing for 

public comment the draft 2013 National 

Pollutant Discharge Elimination System 

(NPDES) general permit for stormwater 

discharges from industrial activity, also 

referred to as the Multi-Sector General 

Permit (MSGP). This draft permit, once 

finalized, will replace the existing 

permit covering stormwater discharges 

from industrial facilities in EPA’s 

Regions 1, 2, 3, 5, 6, 9, and 10 that will 

expire September 29, 2013, and will 

provide coverage for industrial facilities 

in areas where EPA is the NPDES 

permitting authority in EPA’s Regions 7 

and 8. This draft permit is similar to the 

existing permit and will authorize the 

discharge of stormwater in accordance 

with the terms and conditions described 

therein. EPA proposes to issue this 

permit for five (5) years. EPA seeks 

comment on the draft permit and on the 

accompanying fact sheet. 

DATES: Comments on the draft general 

permit must be received on or before 

November 26, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2012–0803, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. Email: ow-docket@epa.gov 

3. Mail to: Water Docket, U.S. 

Environmental Protection Agency, EPA 

Docket Center, Attention: Docket ID No. 

EPA–HQ–OW–2012–0803, Mail Code: 

28221T, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2012– 

0803. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 59673 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in 

hardcopy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at a docket facility. The 

Office of Water (OW) Docket Center is 

open from 8:30 until 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The OW Docket Center 

telephone number is (202) 566–2426, 

and the Docket address is OW Docket, 

WJC West Building, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC 20004. The Public Reading Room is 

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. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the draft NPDES 

general permit, contact the appropriate 

EPA Regional office listed in Section I.F 

of this notice, or Bryan Rittenhouse, 

EPA Headquarters, Office of Water, 

Office of Wastewater Management at 

tel.: 202–564–0577 or email: 

rittenhouse.bryan@epa.gov. 

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. What should I consider as I prepare my 

comments for EPA? 

D. Will public hearings be held on this 

action? 

E. What process will EPA follow to finalize 

the permit? 

F. Who are the EPA regional contacts for 

this permit? 

II. Background of Permit 

III. Scope and Applicability of the MultiSector General Permit 

A. Geographic Coverage 

B. Categories of Facilities Covered 

C. Summary of Significant Proposed 

Changes From the 2008 Multi-Sector 

General Permit 

IV. Executive Orders 12866 and 13563 

V. Executive Order 13175: Consultation and 

Coordination With Indian Tribal 

Governments 

VI. Analysis of Economic Impacts 

I. General Information 

A. Does this action apply to me? 

This draft MSGP regulates stormwater 

discharges from industrial facilities in 

the 30 sectors shown below: 

Sector A—Timber Products. 

Sector B—Paper and Allied Products 

Manufacturing. 

Sector C—Chemical and Allied Products 

Manufacturing. 

Sector D—Asphalt Paving and Roofing 

Materials Manufactures and Lubricant 

Manufacturers. 

Sector E—Glass, Clay, Cement, Concrete, 

and Gypsum Product Manufacturing. 

Sector F—Primary Metals. 

Sector G—Metal Mining (Ore Mining and 

Dressing). 

Sector H—Coal Mines and Coal MiningRelated Facilities. 

Sector I—Oil and Gas Extraction and 

Refining. 

Sector J—Mineral Mining and Dressing. 

Sector K—Hazardous Waste Treatment 

Storage or Disposal. 

Sector L—Landfills and Land Application 

Sites. 

Sector M—Automobile Salvage Yards. 

Sector N—Scrap Recycling Facilities. 

Sector O—Steam Electric Generating 

Facilities. 

Sector P—Land Transportation. 

Sector Q—Water Transportation. 

Sector R—Ship and Boat Building or 

Repairing Yards. 

Sector S—Air Transportation Facilities. 

Sector T—Treatment Works. 

Sector U—Food and Kindred Products. 

Sector V—Textile Mills, Apparel, and other 

Fabric Products Manufacturing. 

Sector W—Furniture and Fixtures. 

Sector X—Printing and Publishing. 

Sector Y—Rubber, Miscellaneous Plastic 

Products, and Miscellaneous Manufacturing 

Industries. 

Sector Z—Leather Tanning and Finishing. 

Sector AA—Fabricated Metal Products. 

Sector AB—Transportation Equipment, 

Industrial or Commercial Machinery. 

Sector AC—Electronic, Electrical, 

Photographic and Optical Goods. 

Sector AD—Reserved for Facilities Not 

Covered Under Other Sectors and Designated 

by the Director. 

Coverage under this draft MSGP is 

available to operators of eligible 

facilities located in areas where EPA is 

the permitting authority and has made 

this general permit available for use. A 

list of eligible areas is included in 

Appendix C of the draft MSGP. 

Eligibility for coverage is limited to new 

dischargers and existing dischargers, as 

defined in Appendix A of the draft 

permit, and new owner/operators of an 

existing discharger. EPA notes that 

coverage is also available to facilities 

that have commenced discharging prior 

to the date this permit issued, but were 

not covered under the 2008 MSGP or 

another NPDES permit. 

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– 

2012–0803. 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) WJC West Building, 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/msgp. 

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. 


pmangrum on DSK3VPTVN1PROD with NOTICES
59674 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

all of the information that you claim to 

be CBI. For CBI information on 

computer disks mailed to EPA, mark the 

surface of the disk as CBI. Also identify 

electronically the specific information 

contained in the disk or that you claim 

is CBI. In addition to one complete 

version of the specific information 

claimed as CBI, you must submit a copy 

that does not contain the information 

claimed as CBI for inclusion in the 

public document. Information marked 

as CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify this permit by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Where possible, respond to specific 

questions or organize comments by 

referencing a section or part of the 

permit. 

• Explain why you agree or disagree, 

suggest alternatives, and suggest 

substitute language for your requested 

changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• To ensure that EPA can read, 

understand, and therefore properly 

respond to comments, the Agency 

would prefer that commenters cite, 

where possible, the paragraph(s) or 

section in the fact sheet or permit to 

which each comment refers. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. Will public hearings be held on this 

action? 

EPA has not scheduled any public 

hearings to receive public comment 

concerning the draft permit. All persons 

will continue to have the right to 

provide written comments during the 

public comment period. However, 

interested persons may request a public 

hearing pursuant to 40 CFR 124.12 

concerning the draft permit. Requests 

for a public hearing must be sent or 

delivered in writing to the same address 

as provided above for public comments 

prior to the close of the comment 

period. Requests for a public hearing 

must state the nature of the issues 

proposed to be raised in the hearing. 

Pursuant to 40 CFR 124.12, EPA shall 

hold a public hearing if it finds, on the 

basis of requests, a significant degree of 

public interest in a public hearing on 

the draft permit. If EPA decides to hold 

a public hearing, a public notice of the 

date, time and place of the hearing will 

be made at least 30 days prior to the 

hearing. Any person may provide 

written or oral statements and data 

pertaining to the draft permit at the 

public hearing. 

E. What process will EPA follow to 

finalize the permit? 

After the close of the public comment 

period, EPA intends to issue a final 

permit to replace the current 2008 

MSGP, which expires September 29, 

2013. This permit will not be issued 

until all significant comments have been 

considered and appropriate changes 

made to the permit. EPA’s responses to 

public comments received will be 

included in the docket as part of the 

final permit issuance. Once the final 

permit becomes effective, eligible 

operators of industrial facilities may 

seek authorization under the new 

MSGP. Any industrial facility operator 

obtaining permit coverage prior to the 

expiration date of the 2008 MSGP will 

automatically remain covered under 

that permit until the earliest of: 

• The operator is authorized for 

coverage under a reissued permit or a 

replacement version of the permit 

following the timely submittal of a 

complete and accurate NOI requesting 

coverage under the new permit; or 

• The operator submits a Notice of 

Termination; or 

• EPA issues an individual permit for 

the facility’s stormwater discharges; or 

• EPA formally decides not to reissue 

the general permit, at which time EPA 

will identify a reasonable time period 

for covered dischargers to seek coverage 

under an alternative general permit or 

an individual permit. Coverage under 

the permit will cease at the end of this 

time period. 

F. Who are the EPA regional contacts for 

this final permit? 

For EPA Region 1, contact David Gray 

at tel.: (617) 918–1577 or email at 

gray.davidj@epa.gov. 

For EPA Region 2, contact Sergio 

Bosques at tel.: (787) 977–5838 or email 

at bosques.sergio@epa.gov. 

For EPA Region 3, contact Kaitlyn 

Bendik at tel.: 215–814–2709 or email at 

bendik.kaitlyn@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 Nelly 

Smith at tel.: (214) 665–7109 or email at 

smith.nelly@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 Gregory 

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 

Section 405 of the Water Quality Act 

of 1987 (WQA) added section 402(p) of 

the Clean Water Act (CWA), which 

directed the Environmental Protection 

Agency (EPA) to develop a phased 

approach to regulate stormwater 

discharges under the National Pollutant 

Discharge Elimination System (NPDES) 

program. EPA published a final 

regulation on the first phase on this 

program on November 16, 1990, 

establishing permit application 

requirements for ‘‘stormwater 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 59675 

discharges associated with industrial 

activity.’’ See 55 FR 48063. EPA defined 

the term ‘‘stormwater discharge 

associated with industrial activity’’ in a 

comprehensive manner to cover a wide 

variety of facilities. See 40 CFR 

122.26(b)(14). EPA proposes to issue the 

MSGP under this statutory and 

regulatory authority. This draft permit, 

once finalized, will replace the existing 

permit covering stormwater discharges 

from industrial facilities in EPA’s 

Regions 1, 2, 3, 5, 6, 9 and 10 that will 

expire September 29, 2013, and will 

provide coverage for industrial facilities 

in areas where EPA is the NPDES 

permitting authority in EPA’s Regions 7 

and 8. 

III. Scope and Applicability of the 

Multi-Sector General Permit 

A. Geographic Coverage 

This draft permit provides coverage 

for sectors of industrial point source 

discharges that occur in areas not 

covered by an approved state NPDES 

program. The geographic coverage of 

this permit is listed in Appendix C of 

the permit. EPA notes that, unlike the 

2008 MSGP, facilities located in EPA 

Regions 7 and 8 will be covered by the 

permit. 

B. Categories of Facilities Covered 

This permit regulates stormwater 

discharges from industrial facilities in 

30 sectors, as shown above in section 

I.A. 

C. Summary of Significant Proposed 

Changes From the 2008 Multi-Sector 

General Permit 

The proposed MSGP, once finalized, 

will replace the 2008 MSGP, which was 

issued for a five-year term on September 

29, 2008 (see 73 FR 56572). The draft 

permit is similar to the existing permit, 

and is structured in nine (9) parts: 

General requirements that apply to all 

facilities (e.g., eligibility of discharges, 

effluent limitations, stormwater 

pollution prevention plan (SWPPP) 

requirements, monitoring and reporting 

requirements) (Parts 1–7), industrial 

sector-specific conditions (Part 8), and 

specific requirements applicable to 

facilities within individual states or 

Indian Country (Part 9). Additionally, 

the appendices provide draft forms for 

the Notice of Intent (NOI), the Notice of 

Termination (NOT), the Conditional No 

Exposure Exclusion, Discharge 

Monitoring Report (DMR), and the 

annual report, as well as step-by-step 

procedures for determining eligibility 

with respect to protecting historic 

properties and endangered species, and 

for calculating site-specific, hardnessdependent benchmarks. 

This draft MSGP includes several new 

or modified requirements from the 2008 

MSGP. These proposed changes are 

summarized below and are discussed in 

more detail in the draft MSGP fact sheet. 

1. NEPA Review for Dischargers 

Subject to any New Source Performance 

Standards (NSPS). Previous versions of 

the MSGP required those facilities 

constructed after the promulgation of 

their industry’s New Source 

Performance Standards (NSPS) to 

determine and document in their 

SWPPP either ‘‘No Significant Impact’’ 

under the National Environmental 

Policy Act (NEPA), or to complete an 

Environmental Impact Statement in 

accordance with an environmental 

review conducted by EPA. For the 2013 

MSGP, EPA plans to prepare an 

Environmental Assessment (EA) to 

analyze the potential environmental 

impacts of the permit. The EA will 

consider the potential environmental 

impacts from the discharge of pollutants 

in stormwater discharges from new 

sources associated with industrial 

facilities where EPA is the permitting 

authority to determine whether to 

prepare an Environmental Impact 

Statement (EIS). Therefore, under the 

proposed 2013 MSGP, industrial 

discharges subject to NSPS do not have 

to independently make such a 

determination. 

2. Electronic Reporting. The draft 

MSGP requires that all NOIs, NOTs, 

annual reports, Discharge Monitoring 

Reports (DMRs), and certain other 

reporting information be submitted 

electronically, unless the operator has 

received one of the following waivers 

from the EPA Regional office: (1) The 

operator’s headquarters is physically 

located in a geographic area (i.e., zip 

code or census tract) that is identified as 

under-served for broadband Internet 

access in the most recent report from the 

Federal Communications Commission; 

or (2) the industrial owner/operator has 

limitations regarding available computer 

access or computer capability. An 

operator who wishes to use paper 

submittals must contact the appropriate 

EPA Region to obtain a waiver from 

submitting reports electronically. 

Waivers are only granted for a one-time 

use for a single information submittal, 

i.e., an initial waiver does not apply for 

the entire term of the permit. If 

information needs to submit 

information on paper after the first 

waiver, the operator must apply for a 

new waiver. 

3. Allowable Non-Stormwater 

Discharges. Previous MSGP versions 

authorized any washwater to be 

discharged as long as there were no 

detergents or toxic/hazardous spill 

material present in the discharge. In 

addition to detergents, hazardous 

cleaning products have been specifically 

prohibited from being discharged under 

the 2013 MSGP. The 2013 draft permit 

also prohibits the discharge of wash 

waters that have come into contact with 

oil and grease deposits or any other 

toxic or hazardous materials, unless the 

deposits have been cleaned up using dry 

clean-up methods. Additionally, 

because the act of washing (especially 

power washing) by its very nature tends 

to mobilize particulates and other 

potential pollutants present on 

pavement, specific effluent limits have 

been included to ensure particulates 

and other potential pollutants mobilized 

by pavement washing are controlled via 

treatment controls before they are 

discharged, unless the pavement wash 

waters were treated by the control 

measures in Part 2.1.2. 

4. Endangered Species Requirements. 

The draft 2013 MSGP incorporates 

changes to the procedures operators are 

required follow to establish their 

eligibility with regard to protection of 

threatened and endangered species and 

critical habitat (Appendix E and Part 

1.1.4.5) as a result of EPA’s consultation 

under Section 7 of the Endangered 

Species Act. These changes are to better 

ensure that the criteria chosen are 

adequately protective of threatened and 

endangered species and their critical 

habitats and consistent with the 

Endangered Species Act. Using the same 

decision making process to determine 

the operator’s eligibility criteria when 

threatened and endangered species are 

in proximity to the industrial facility 

(i.e., its ‘‘action area), EPA is now 

requiring the process be documented by 

filling out and submitting a worksheet. 

Because the criteria and the procedures 

operators are required to follow in 

making their eligibility determination in 

Appendix E have changed, all operators 

seeking coverage under the 2013 MSGP 

must make their Part 1.1.4.5 eligibility 

determination in accordance with the 

requirements in the new permit (i.e., 

operators cannot check the same criteria 

they selected in the 2008 MSGP without 

following the procedures in Appendix 

E). 

5. Historic Properties Preservation. 

The procedures for determining 

operator eligibility regarding historic 

properties were also revised in the draft 

2013 MSGP Appendix F as a result of 

EPA’s consultation under Section 106 of 

the National Historic Preservation Act. 

EPA has included a more detailed set of 

steps to help operators more 

conclusively determine whether historic 


pmangrum on DSK3VPTVN1PROD with NOTICES
59676 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 

properties are within the industrial 

facility’s ‘‘area of potential effect’’. This 

may include greater interaction with 

knowledgeable sources such as state or 

tribal historic preservation authorities or 

a qualified consultant in the historical 

or archeological fields. The eligibility 

criteria were also slightly revised for the 

proposal. All operators seeking coverage 

under the 2013 MSGP must make their 

Part 1.1.4.6 eligibility determination in 

accordance with the requirements in the 

new permit (i.e., operators cannot check 

the same criteria they selected in the 

2008 MSGP without following the 

procedures in Appendix F). 

6. SWPPP and Its Availability. To 

provide greater access to the SWPPP to 

the public and other stakeholders, the 

draft MSGP requires that permittees 

either provide a uniform resource 

locator (URL) for the SWPPP on the NOI 

form, or provide selected information 

from the SWPPP on the NOI form. The 

information from the SWPPP that would 

have to be added to the NOI includes: 

A description of onsite industrial 

activities exposed to stormwater, 

including potential spill and leak areas; 

the pollutants associated with each 

industrial activity exposed to 

stormwater and/or authorized nonstormwater; a description of control 

measures employed to comply with the 

non-numeric technology-based effluent 

limits in Part 2.1.2 and Part 8, and any 

other measures taken to comply with 

the requirements in Part 2.2; and a 

schedule for good housekeeping and 

maintenance and schedule for all 

inspections required in Part 4. EPA has 

also identified certain effluent limit 

requirements that can be copied 

verbatim into the SWPPP without 

providing additional documentation 

because they do not involve the sitespecific selection of a control measure 

or are specific activity requirements. 

7. Effluent Limit Clarifications. 

Several of the effluent limits in Part 2 

of the draft MSGP include a greater level 

of specificity in order to make the 

requirements more clearly articulated, 

transparent, and enforceable. EPA 

believes that these clarifications will 

help permittees to better understand 

how to comply with the effluent limits. 

The effluent limits in Part 2 for which 

EPA has made clarifications include 

requirements for minimizing exposure, 

good housekeeping, maintenance, spill 

prevention and response procedures, 

and employee training. 

8. Corrective Action. The draft MSGP 

includes additional specificity with 

regard to what is considered to be an 

adequate corrective action. The 

corrective action deadlines in the 

proposed MSGP are similar to the 

corresponding deadlines in Part 3.3 of 

the 2008 MSGP, but have been modified 

to further specify what actions must be 

taken by the deadlines. The draft permit 

now requires that corrective action steps 

be taken immediately (i.e., on the same 

day the condition was found) in order 

to ensure that pollutant discharges are 

minimized and that a permanent 

solution is implemented expeditiously. 

The draft MSGP also requires that 

subsequent action must be taken to 

install a new or modified control and 

make operational, or complete the 

repair, before the next storm event if 

possible, and within 14 calendar days 

from the discovery of the condition. 

9. Annual Reports and Routine 

Inspections. Annual reporting in the 

draft MSGP has been changed to 

submitting a summary of the past year’s 

routine facility inspections and 

quarterly visual assessments of 

discharges, instead of a summary of the 

results of the single comprehensive site 

assessment, as required in the previous 

permit. EPA has eliminated the 

comprehensive site assessment 

requirement and instead will rely on the 

four required routine facility 

inspections, which are similar to the 

comprehensive site assessment 

requirements in the 2008 MSGP. 

Corrective action reporting in the draft 

permit remains unchanged from the 

2008 MSGP. 

10. Benchmark Values for Saline 

Waters. The draft MSGP has included 

additional non-hardness dependent 

metals benchmarks for facilities that 

discharge into saline waters. The 

addition of these benchmarks was 

necessary to provide an appropriate 

indicator of the performance of the 

measures undertaken to meet the 

effluent limitations contained in the 

permit where stormwater is discharged 

into saline waters. Benchmark values in 

the 2008 MSGP for these metals were 

based on acute or chronic aquatic life 

freshwater criteria. These additional 

saline benchmark values are based on 

available acute ambient water quality 

criteria for arsenic, cadmium, copper, 

cyanide, lead, mercury, nickel, 

selenium, silver and zinc. 

11. Industry Sector-specific 

Requirements. The draft MSGP includes 

changes to the several of the sectorspecific requirements in Part 8 as 

summarized below. 

• Sector G, Metal Mining; Sector H, 

Coal Mining; and Sector J, Mineral 

Mining and Dressing—Consistent with 

the 2008 MSGP, the draft 2013 MSGP 

enables operators for these sectors to 

include coverage for construction and 

exploration activities under this permit, 

instead of being separately covered 

under the Construction General Permit 

(CGP). The draft MSGP includes 

updated sector-specific requirements for 

these sectors that are consistent with the 

reissued 2012 CGP. 

• Sector S, Air Transportation—The 

draft MSGP includes added sectorspecific requirements for Sector S that 

are based on the final Effluent 

Limitation Guidelines (ELG) for airplane 

and airport deicing operations. 

12. Discharges to a CERCLA Site. The 

draft MSGP makes facilities discharging 

to CERCLA sites as defined in Appendix 

A and listed in Appendix P ineligible 

for coverage under the permit unless the 

applicable EPA Regional Office is first 

notified and has determined that the 

facility is eligible for permit coverage. In 

determining eligibility for coverage, the 

EPA Regional Office may evaluate 

whether the facility has included 

appropriate controls and 

implementation procedures designed to 

ensure that the discharge will not lead 

to recontamination of aquatic media at 

the CERCLA Site. 

EPA has also included in the fact 

sheet a request for comment on 

potential permit requirements for 

certain toxic pollutants in industrial 

stormwater discharges. EPA is 

concerned that current 2008 and draft 

2013 Multi-Sector General Permit 

requirements may not adequately 

prevent certain, particularly problematic 

toxic pollutants in stormwater 

discharges from causing sediment 

contamination and recontamination of 

Superfund cleanup sites and/or 

presenting an imminent and substantial 

endangerment to human health or 

welfare or the environment. One 

approach under consideration is to 

identify and list in the permit certain 

toxic pollutants of concern that are 

especially problematic and to make 

ineligible under the MSGP any 

discharge of these pollutants above the 

detection limit. The industrial operator 

would have to either eliminate such 

discharges or apply for an individual 

permit. EPA requests comment on this 

approach where highly toxic pollutants 

in stormwater discharges are linked to 

sediment contamination that may 

recontaminate or over time create future 

Superfund sites or that present or may 

present an imminent and substantial 

endangerment to human health, or 

welfare, or the environment. EPA also 

solicits comment on what criteria 

should be used to identify the toxic 

pollutants that would be subject to such 

a provision. Additionally, EPA solicits 

comments on alternative approaches to 

address this problem. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 59677 

IV. 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 and 

any changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

V. 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 tribal 

implications of the draft MSGP. In the 

course of this consultation, EPA 

undertook the following activities: 

• December 11, 2012—EPA presented 

an overview of the current MSGP and 

potential changes in the draft 2013 

MSGP to the National Tribal Caucus. 

• December 12, 2012—EPA presented 

an overview of the current MSGP and 

potential changes in the draft 2013 

MSGP to the National Tribal Water 

Council. 

• December 12, 2012—EPA mailed 

out notification letters out to Tribal 

Leaders initiating consultation and 

coordination on the renewal of the 

MSGP. The initiation letter was posted 

on the tribal portal Web site at http://

www.epa.gov/tribal/consultation. 

• January 15, 2013—EPA held an 

informational teleconference open to all 

tribal representatives, and reserved the 

last part of the teleconference for official 

consultation comments. EPA also 

invited tribes to submit written 

comments on the permit renewal. The 

presentation was posted on the tribal 

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

tribal/consultation. 

EPA also encourages tribes to 

participate in the public review process 

by submitting comments through 

regulations.gov. 

VI. 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, ‘‘Cost Impact Analysis 

for the Multi-Sector General Permit 

(MSGP)’’ 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. 

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

et seq. 

Dated: September 17, 2013. 

Michael Kenyon, 

Acting Deputy Regional Administrator, EPA 

Region 1. 

Dated: September 17, 2013. 

Jose C. Font, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Dated: September 17, 2013. 

Jon M. Capacasa, 

Director, Water Protection Division, EPA 

Region 3. 

Dated: September 17, 2013. 

Tinka G. Hyde, 

Director, Water Division, EPA Region 5. 

Dated: September 16, 2013. 

William K. Honker, 

Director, Water Quality Protection Division, 

EPA Region 6. 

Dated: September 16, 2013. 

Karen Flournoy, 

Director, Water, Wetlands, and Pesticides 

Division, EPA Region 7. 

Dated: September 16, 2013. 

Derrith R. Watchman-Moore, 

Assistant Regional Administrator, Office of 

Partnerships and Regulatory Assistance, EPA 

Region 8. 

Dated: September 13, 2013. 

John Kemmerer, 

Acting Director, Water Division, EPA 

Region 9. 

Dated: September 17, 2013. 

Daniel D. Opalski, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2013–23660 Filed 9–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9011–4] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7146 or http://www.epa.gov/

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements. 

Filed 09/16/2013 Through 09/20/2013. 

Pursuant to 40 CFR 1506.9. 

Notice 

Section 309(a) of the Clean Air Act 

requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: http://

www.epa.gov/compliance/nepa/

eisdata.html 

EIS No. 20130278, Final EIS, EPA, LA, 

Designation of the Atchafalaya River 

Bar Channel Ocean Dredged Material 

Disposal Site, Review Period Ends: 

10/28/2013, Contact: Jessica Franks 

214–665–8335. 

EIS No. 20130279, Draft EIS, BLM, ND, 

North Dakota Greater Sage-Grouse 

Draft Resource Management Plan 

Amendment, Comment Period Ends: 

12/26/2013, Contact: Ruth Miller 406– 

896–5023. 

EIS No. 20130280, Draft EIS, BLM, NV, 

3 Bars Ecosystem and Landscape 

Restoration Project, Comment Period 

Ends: 11/12/2013, Contact: Chad 

Lewis 775–635–4000. 

EIS No. 20130281, Final EIS, USFS, MT, 

Kootenai National Forest Land 

Management Plan Revision, Review 

Period Ends: 11/26/2013, Contact: 

Paul Bradford 406–293–6211. 

EIS No. 20130282, Final EIS, USFS, WY, 

Clinker Mining Addition Project, 

Medicine Bow-Routt National Forests 

and Thunder Basin National 

Grassland, Review Period Ends: 11/

04/2013, Contact: Misty Hays 307– 

358–4690. The above project was 

inadvertently omitted from the 

Federal Register Notice published on 

09/20/2013. 

EIS No. 20130283, Draft EIS, WAPA, 

USFS, 00, Reauthorization of Permits, 

Maintenance, and Vegetation 

Management on Western Area Power 

Administration Transmission Lines 

on Forest Service Lands, Comment 

Period Ends: 11/12/2013, Contact: Jim 

Hartman 720–962–7255. The U.S. 

Department of Energy’s Western Area 

Power Administration and the U.S. 

Department of Agriculture’s Forest 

Service are joint lead agencies for the 

above project. 

EIS No. 20130284, Draft Supplement, 

GSA, CA, San Ysidro Land Port of 

Entry Improvements Project, 

Comment Period Ends: 11/12/2013, 

Contact: Osmahn Kadri 415–522– 

3617. 

EIS No. 20130285, Final EIS, FHWA, FL, 

St. Johns River Crossing, Review 

Period Ends: 10/28/2013, Contact: 

Cathy Kendal 850–553–2225. 

EIS No. 20130286, Final EIS, FHWA, FL, 

US 301 (SR 200) from CR 227 to CR 

233, Review Period Ends: 10/29/2013, 

Contact: Joseph Sullivan 850–553– 

2248. 

Amended Notices 

EIS No. 20130148, Draft Supplement, 

USACE, FL, Jacksonville Harbor 

Navigation, Comment Period Ends: 

10/24/2013, Contact: Paul Stodola 

904–232–3271 Revision to FR Notice 

Published 08/09/2013; Extending 


pmangrum on DSK3VPTVN1PROD with NOTICES