9908 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices 

2A Commission order granting a preliminary 

permit is final on the date it is issued unless a party 

to the proceeding petitions for rehearing within 30 

days of issuance. Since no one filed a timely 

rehearing petition, Hydrodynamic’s preliminary 

permit proceeding was closed and the preliminary 

permit became final and unreviewable. 

3Should Hydrodynamics file a development 

application for its proposed project, notice of the 

application will be published, and interested 

entities, including the Friends of East Rosebud will 

have the opportunity to intervene and present its 

views concerning the project. To the extent that the 

Friends of East Rosebud seeks to be kept informed 

of any new activity in the docket, it may register 

and eSubscribe to the docket at https:// 

ferconline.ferc.gov/eSubscription.aspx. 

Friends of East Rosebud submitted its 

motion to intervene.2 Hydrodynamics 

has not submitted a development 

application for its proposed project. 

Therefore, there is no open proceeding 

in which to intervene, and Friends of 

East Rosebud’s motion to intervene 

must be dismissed.3

This notice constitutes final agency 

action. Requests for rehearing by the 

Commission of this dismissal must be 

filed within 30 days of the date of 

issuance of this notice pursuant to 

section 313(a) of the Federal Power Act 

and section 385.713 of the 

Commission’s regulations, 18 CFR 

385.713 (2012). 

Dated: February 6, 2013. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2013–03151 Filed 2–11–13; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–13–006 and 9779–7 ] 

Notice of Availability of the Draft 

Issuance of the Small Municipal 

Separate Storm Sewer System NPDES 

General Permit—New Hampshire 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability of Draft 

NPDES General Permits. 

SUMMARY: The Director of the Office of 

Ecosystem Protection, Environmental 

Protection Agency-Region 1 (EPA), is 

issuing this Notice of Availability of a 

draft National Pollutant Discharge 

Elimination System (NPDES) general 

permit for discharges from small 

Municipal Separate Storm Sewer 

Systems (MS4s) to certain waters of the 

State of New Hampshire. The draft 

NPDES general permit establishes 

Notice of Intent (NOI) requirements, 

prohibitions, and management practices 

for stormwater discharges from small 

MS4s. A prior Notice of Availability of 

a draft general permit was issued by 

EPA in December 2008. EPA has 

substantially modified the draft general 

permit and is issuing a new draft 

general permit pursuant to 40 CFR 

124.6. 

DATES: Comments must be received on 

or before April 15, 2013. The general 

permit shall be effective on the date 

specified in the Federal Register 

publication of the Notice of Availability 

of the final general permit. The final 

general permit will expire five years 

from the effective date. 

Public Hearing Information: EPA will 

hold a public hearing 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 draft permit 

record. The public hearing will be held 

March 14, 2013 from 2:00pm to 5:00pm 

at the following location: NH 

Department of Environmental Services 

Pease Field Office—Pease International 

Tradeport—222 International Drive, 

Suite 175—Portsmouth, New Hampshire 

03801. 

ADDRESSES: Submit comments by one of 

the following methods: 

• Email: Tedder.Newton@epa.gov 

• Mail: Newton Tedder, US EPA— 

Region 1, 5 Post Office Square—Suite 

100, Mail Code—OEP06–4, Boston, MA 

02109–3912. 

No facsimiles (faxes) will be accepted. 

The draft permit is based on an 

administrative record available for 

public review at EPA-Region 1, Office of 

Ecosystem Protection, 5 Post Office 

Square—Suite 100, Boston, 

Massachusetts 02109–3912. A 

reasonable fee may be charged for 

copying requests. The fact sheet for the 

draft permit sets forth principal facts 

and the significant factual, legal, 

methodological and policy questions 

considered in the development of the 

draft permit and is available upon 

request. A brief summary is provided as 

SUPPLEMENTARY INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: 

Additional information concerning the 

draft permit may be obtained between 

the hours of 9:00 a.m. and 5:00 p.m. 

Monday through Friday excluding legal 

holidays from: Newton Tedder, Office of 

Ecosystem Protection, Environmental 

Protection Agency, 5 Post Office 

Square—Suite 100, Boston, MA 02109– 

3912; telephone: 617–918–1038; email: 

Tedder.Newton@epa.gov 

SUPPLEMENTARY INFORMATION: 

Background of Proposed Permit 

EPA is proposing to reissue three draft 

NPDES general permits for the discharge 

of stormwater from small MS4s to 

certain waters within the State of New 

Hampshire. The three permits are: 

NHR041000—Traditional cities and 

towns 

NHR042000—Non-traditional state, 

federal, county and other publicly 

owned systems 

NHR043000—Non-traditional 

transportation systems 

While these are technically distinct 

permits, for convenience we have 

grouped them together in a single 

document and have provided a single 

fact sheet for all three of them, and this 

document refers to the draft general 

‘‘permit’’ in the singular. The draft 

general permit, appendices, and fact 

sheet are available at: http:// 

www.epa.gov/region1/npdes/ 

stormwater. 

The conditions in the draft permit are 

established pursuant to Clean Water Act 

(CWA) section 402(p)(3)(iii) to ensure 

that pollutant discharges from small 

MS4s are reduced to the Maximum 

Extent Practicable (MEP), protect water 

quality, and satisfy the appropriate 

requirements of the CWA. The 

regulations at 40 CFR 122.26(b)(16) 

define a small municipal separate storm 

sewer system as ‘‘all separate storm 

sewers that are: 

(1) Owned or operated by the United 

States, a State, city, town, borough, 

county, parish, district, association, or 

other public body (created by or 

pursuant to State law) having 

jurisdiction over disposal of sewage, 

industrial wastes, stormwater, or other 

wastes, including special districts under 

State law such as a sewer district, flood 

control district or drainage district, or 

similar entity, or an Indian tribe or an 

authorized Indian tribal organization, or 

a designated and approved management 

agency under section 208 of the CWA 

that discharges to waters of the United 

States. 

(2) Not defined as ‘large’ or ‘medium’ 

municipal separate storm sewer systems 

pursuant to paragraphs (b)(4) or (b)(7) or 

designated under paragraph (a)(1)(v) of 

this section [40 CFR 122.26]. 

(3) This term includes systems similar 

to separate storm sewer systems in 

municipalities such as systems at 

military bases, large hospital or prison 

complexes, and highways or other 

thoroughfares. The term does not 

include separate storm sewers in very 

discrete areas, such as individual 

buildings.’’ 

The draft general permit sets forth the 

requirements for the small MS4 to 

‘‘reduce the discharge of pollutants to 

the maximum extent practicable, 

including management practices, 

control techniques, and system, design 


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Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices 9909 

and engineering methods’’ (See section 

402(p)(3)(B)(iii) of the CWA). MEP is the 

statutory standard that establishes the 

level of pollutant reductions that MS4 

operators must achieve. EPA believes 

that implementation of best 

management practices (BMPs) designed 

to control storm water runoff from the 

MS4 is generally the most appropriate 

approach for reducing pollutants to 

satisfy the MEP standard. Pursuant to 40 

CFR 122.44(k), the draft permit contains 

BMPs, including development and 

implementation of a comprehensive 

stormwater management program 

(SWMP) as the mechanism to achieve 

the required pollutant reductions. 

Section 402(p)(3)(B)(iii) of CWA also 

authorizes EPA to include in an MS4 

permit ‘‘such other provisions as [EPA] 

determine[s] appropriate for control of 

... pollutants.’’ This provision forms a 

basis for imposing water quality-based 

effluent limitations (WQBELs), 

consistent with the authority in Section 

301(b)(1)(C) of the CWA. See Defenders 

of Wildlife v. Browner, 191 F.3d 1159, 

1166–67 (9th Cir. 1999); 64 FR 68722, 

68753, 68788 (Dec. 8, 1999). 

Accordingly, the draft permit contains 

the water quality-based effluent 

limitations, expressed in terms of BMPs, 

which EPA has determined are 

necessary and appropriate under the 

CWA. 

EPA issued a final general permit to 

address stormwater discharges from 

small MS4s on May 1, 2003. The 2003 

general permit required small MS4s to 

develop and implement a SWMP 

designed to control pollutants to the 

maximum extent practicable and protect 

water quality. This draft permit builds 

on the requirements of the previous 

general permit. 

EPA views the MEP standard in the 

CWA as an iterative process. MEP 

should continually adapt to current 

conditions and BMP effectiveness. 

Compliance with the requirements of 

this general permit will meet the MEP 

standard. The iterative process of MEP 

consists of a municipality developing a 

program consistent with specific permit 

requirements, implementing the 

program, evaluating the effectiveness of 

the BMPs included as part of the 

program, then revising those parts of the 

program that are not effective at 

controlling pollutants, then 

implementing the revisions, and 

evaluating again. The changes contained 

in the draft general permit reflect the 

iterative process of MEP. Accordingly, 

the draft general permit contains more 

specific tasks and details than the 2003 

general permit. 

EPA initially proposed a draft permit 

in December 2008. Based on comments 

and information gathered while 

developing responses, EPA has 

modified the initial draft general permit 

and is issuing a new draft permit 

pursuant to 40 CFR 124.6. The changes 

to the draft general permit include, but 

are not limited to: provisions addressing 

discharges to impaired waters without a 

Total Maximum Daily Load, including 

requirements related to discharges to the 

Great Bay watershed and chloridesimpaired waters; provisions related to 

Total Maximum Daily Loads that have 

been approved since December 2008; 

illicit discharge detection elimination 

and monitoring provisions. The draft 

general permit has also been revised to 

provide for coverage to MS4s that 

became subject to NPDES permit 

requirements with the issuance of 

updated urbanized area delineations 

based on the results of the 2010 Census. 

The 2008 draft general permit also 

addressed certain areas outside of New 

Hampshire. This revised draft general 

permit applies only to New Hampshire 

EPA is specifically seeking public 

comment on the specific permit Parts 

listed above, but will accept comment 

on all permit provisions. Please note 

that the new Draft Permit completely 

supersedes the 2008 draft permit, and 

EPA is providing an entirely new 

comment period under 40 CFR 124.10. 

Consequently, all persons who believe 

any condition of the new Draft Permit 

is inappropriate must raise all 

reasonably ascertainable issues and 

submit all reasonably available 

arguments supporting their position 

during this public comment period, 

which includes the public hearing. 

Summary of Permit Conditions 

Obtaining Authorization 

In order for a small MS4 to obtain 

authorization to discharge, it must 

submit a complete and accurate NOI 

containing the information in Appendix 

E of the draft general permit. The NOI 

must be submitted within 90 days of the 

effective date of the final permit. The 

effective date of the final permit will be 

specified in the Federal Register 

publication of the Notice of Availability 

of the final permit. A small MS4 must 

meet the eligibility requirements of the 

general permit found in Part 1.2 and 

Part 1.9 prior to submission of its NOI. 

A small MS4 will be authorized to 

discharge under the permit upon receipt 

of written notice from EPA following a 

public notice of the submitted NOI. EPA 

will authorize the discharge, request 

additional information, or require the 

small MS4 to apply for an alternative 

permit or an individual permit. 

Water Quality Based Effluent 

Limitations 

The draft permit includes provisions 

to ensure that discharges do not cause 

or contribute to exceedances of water 

quality standards. The provisions in 

Parts 2.1 and 2.2 of the general permit 

constitute the water quality-based 

effluent limitations of the permit. The 

purpose of these parts of the permit is 

to establish the board inclusion of water 

quality-based effluent limitations for 

those discharges requiring additional 

controls in order to achieve water 

quality standards and other water 

quality related objectives, consistent 

with 40 CFR 122.44(d). The nonnumeric effluent limitation 

requirements of this permit are 

expressed in the form of control 

measures and BMPs (see Part 2.3 of the 

general permit). 

Non-Numeric Effluent Limitations 

When EPA has not promulgated 

effluent limitations for a category of 

discharges, or if an operator is 

discharging a pollutant not covered by 

an effluent limitation guideline, effluent 

limitations may be based on the best 

professional judgment (BPJ) of the 

agency or permit writer. The BPJ limits 

in the general permit are in the form of 

non-numeric control measures, 

commonly referred to as best 

management practices (BMPs). EPA has 

interpreted the CWA to allow BMPs to 

take the place of numeric effluent 

limitations under certain circumstances. 

40 CFR 122.44(k) provides that permits 

may include BMPs to control or abate 

the discharge of pollutants when: ‘‘(1) 

[a]uthorized under section 304(e) of the 

CWA for the control of toxic pollutants 

and hazardous substances form 

ancillary industrial activities; (2) 

[a]uthorized under section 402(p) of the 

CWA for the control of stormwater 

discharges; (3) [n]umeric effluent 

limitations are infeasible; or (4) [t]he 

practices are reasonable to achieve 

effluent limitations and standards or to 

carry out the purposes and intent of the 

CWA.’’ The permit regulates stormwater 

discharges using BMPs. Due to the 

variability associated with stormwater, 

EPA believes the use of BMPs is the 

most appropriate method to regulate 

discharges of stormwater from 

municipal systems in accordance with 

the above referenced regulation. 

The small MS4s are required to 

implement a SWMP that includes the 

following control measures: public 

education and outreach; public 

participation; illicit discharge detection 

and elimination; construction 

stormwater management; stormwater 


tkelley on DSK3SPTVN1PROD with NOTICES
9910 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices 

management in new development and 

redevelopment; and good housekeeping 

in municipal operations. 

Implementation of the SWMP involves 

the identification of BMPs and 

measurable goals for BMPs. The draft 

permit identifies an objective for each 

control measure. 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. The public 

comment process and the public hearing 

will be conducted in accordance with 

40 CFR 124, EPA’s Procedures for 

Decisionmaking. EPA will consider and 

respond to all significant comments 

before taking final action. All persons, 

including applicants, who believe any 

condition of the draft permit is 

inappropriate must raise all reasonably 

ascertainable issues and submit all 

reasonably available arguments 

supporting their position by the close of 

the public comment period, either by 

submitting written comments to the 

EPA New England Regional Office listed 

in the ADDRESSES section of this Federal 

Register, or by submitting written or 

oral comments at the public hearing. 

Any supporting materials which are 

submitted shall be included in full and 

may not be incorporated by reference, 

unless they are already part of the 

administrative record in this 

proceeding, or consist of State or 

Federal statutes and regulations, EPA 

documents of general applicability, or 

other generally available reference 

materials. 

Other Legal Requirements 

A. Endangered Species Act 

The provisions related to the ESA 

have not been changed from those in the 

2008 draft permit. However, the Atlantic 

Sturgeon (Acipenser oxyrinchus) has 

been added to the list of species of 

concern for this draft permit. EPA 

requested concurrence from the 

appropriate Federal services (U.S. Fish 

and Wildlife Service and National 

Marine Fisheries Service) in connection 

with the 2008 draft and has renewed 

this request for the new Draft Permit. 

B. Executive Order 12866 

EPA has determined that this general 

permit is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 and is therefore not subject 

to OMB review. 

C. Paperwork Reduction Act 

The information collection 

requirements of this permit were 

previously approved by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and assigned OMB control number 

2040–0004. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., requires that 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. However, general NPDES 

permits are not ‘‘rules’’ subject to the 

requirements of 5 U.S.C. 553(b) and are 

therefore not subject to the RFA. 

E. 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, and local governments and 

the private sector. However, general 

NPDES permits are not ‘‘rules’’ subject 

to the requirements of 5 U.S.C. 553(b) 

and are therefore not subject to the RFA 

or the UMRA. 

Authority: This action is being taken under 

the Clean Water Act, 33 U.S.C. 1251 et seq. 

Dated: February 5, 2013. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2013–03055 Filed 2–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9778–8; CERCLA–04–2012–3777] 

Circle Environmental #1 and #2 Sites; 

Dawson, Terrell County, GA; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of settlement. 

SUMMARY: Under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA), the United 

States Environmental Protection Agency 

has entered into a settlement with 

thirty-four (34) parties to recover past 

cost resulting from a removal action at 

the Circle Environmental #1 and #2 

Superfund Sites located in Dawson, 

Terrell County, Georgia. 

DATES: The Agency will consider public 

comments on the settlement until March 

14, 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 

Circle Environmental # 1 and #2 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: January 15, 2013. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2013–03252 Filed 2–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being 

Submitted to the Office of Management 

and Budget for Review and Approval 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and 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. 3501– 

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 estimate; 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 burden 

for 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 


tkelley on DSK3SPTVN1PROD with NOTICES