Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 727 

making comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

docket, submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed, and according to the 

procedures set forth in 40 CFR part 2. 

If no claim of confidentiality 

accompanies the submission when EPA 

receives it, EPA will make it available 

to the public without further notice to 

the person making comments. 

Dated: December 26, 2012. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2012–31719 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9006–9] 

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 12/24/2012 through 12/28/2012. 

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. 

SUPPLEMENTARY INFORMATION: As of 

October 1, 2012, EPA will not accept 

paper copies or CDs of EISs for filing 

purposes; all submissions on or after 

October 1, 2012 must be made through 

e-NEPA. 

While this system eliminates the need 

to submit paper or CD copies to EPA to 

meet filing requirements, electronic 

submission does not change 

requirements for distribution of EISs for 

public review and comment. To begin 

using e-NEPA, you must first register 

with EPA’s electronic reporting site— 

https://cdx.epa.gov/epa_home.asp 

EIS No. 20120402, Draft EIS, FHWA, 

CA, State Route 58 (SR–58) Hinkley 

Expressway Project, Grade Separate, 

Widen, and Realign, San Bernardino 

County, CA, Comment Period Ends: 

02/19/2013, Contact: James Shankel 

909–383–6379. 

EIS No. 20120403, Draft EIS, FHWA, ID, 

US–95 Thorncreek Road to Moscow, 

from Milepost 337.67 to Milepost 

344.00, Latah County, ID, Comment 

Period Ends: 02/22/2013, Contact: 

John A. Perry 208–334–9180 

extension 116. 

EIS No. 20120404, Draft EIS, BLM, WA, 

Vantage to Pomona Heights 230 kV 

Transmission Line Project, Grant, 

Brenton, Kittitas, and Yakima 

Counties, WA, Comment Period Ends: 

02/19/2013, Contact: William 

Schurger 509–665–2100. 

EIS No. 20120405, Revised Draft EIS, 

USACE, LA, Morganza to the Gulf of 

Mexico, Hurricane and Storm Damage 

Risk Reduction System Project, 

Improvements and Changes, 

Terrebonne Parish and Lafourche 

Parish, LA, Comment Period Ends: 

02/19/2013, Contact: Nathan Dayan 

504–862–2530. 

EIS No. 20120406, Final EIS, USFWS, 

DE, Prime Hook National Wildlife 

Refuge, Development of a 

Comprehensive Conservation Plan, 

Milton, DE, Review Period Ends: 02/ 

04/2013, Contact: Thomas Bonetti 

413–253–8307. 

Amended Notices 

EIS No. 20120395, Draft EIS, USFS, SC, 

AP Loblolly Pine Removal and 

Restoration Project, Andrew Pickens 

Ranger District, Sumter National 

Forest, Oconee County, SC, Comment 

Period Ends: 02/13/2013, Contact: 

Victor Wyant 864–638–9568 Revision 

to FR Notice Published 12/31/2012; 

Correcting Project State Location from 

CA to SC. 

Dated: December 31, 2012. 

Dawn Roberts, 

Management Analyst, NEPA Compliance 

Division, Office of Federal Activities. 

[FR Doc. 2012–31744 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9765–7] 

Public Notice of Proposed Reissuance 

of the NPDES General Permits for 

Facilities/Operations That Generate, 

Treat, and/or Use/Dispose of Sewage 

Sludge by Means of Land Application, 

Landfill, and Surface Disposal in the 

EPA Region 8 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of intent to reissue 

NPDES general permits and request for 

comments. 

SUMMARY: Region 8 of the EPA is hereby 

giving notice of its tentative 

determination to reissue National 

Pollutant Discharge Elimination System 

(NPDES) general permits for facilities or 

operations that generate, treat, and/or 

use/dispose of sewage sludge by means 

of land application, landfill, and surface 

disposal in the States of CO, MT, ND, 

and WY and in Indian country in the 

States of CO, MT, ND, SD, WY and UT 

(except for the Goshute Indian 

Reservation and the Navajo Indian 

Reservation). 

DATES: Public comments on this 

proposal must be received, in writing, 

on or before February 19, 2013. 

ADDRESSES: Public comments should be 

sent to: WASTEWATER UNIT (8P–W– 

WW); ATTENTION: BIOSOLIDS 

PROGRAM; U.S. EPA, REGION 8; 1595 

WYNKOOP STREET; DENVER, CO 

80202–1129. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the draft permit and Fact 

Sheet may be downloaded from the EPA 

Region 8 web page at http:// 

www.epa.gov/region8/water/biosolids/ 

documents.html. For a printed copy of 

the draft permit and Fact Sheet, please 

write Bob Brobst at the above address or 

telephone (303) 312–6129. Questions 

regarding the specific permit 

requirements may be directed to Bob 

Brobst, telephone (303) 312–6129. 

Public Comment Period: Public 

comments are invited. Comments must 

be written and must be received by no 

later than February 19, 2013. Comments 

should be sent to: WASTEWATER UNIT 

(8P–W–WW); ATTENTION: BIOSOLIDS 

PROGRAM; U.S. EPA, REGION 8; 1595 

WYNKOOP STREET; DENVER, CO 

80202–1129. Each comment should cite 

the page number and, where possible, 

the section(s) and/or paragraph(s) in the 

draft permit or Fact Sheet to which each 

comment refers. Commenters should 

use a separate paragraph for each issue 

discussed. 

mstockstill on DSK4VPTVN1PROD with 

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

SUPPLEMENTARY INFORMATION: On June 

21, 2000 and September 21, 2000, U.S. 

District Judge Donald W. Molloy issued 

orders stating that until all necessary 

total maximum daily loads under 

Section 303(d) of the Clean Water Act 

are established for a particular water 

quality limited segment, the EPA is not 

to issue any new permits or increase 

permitted discharges under the NPDES 

program. (The orders were issued in the 

lawsuit Friends of the Wild Swan, Inc., 

et al., v. U.S. E.P.A., et al., CV 97–35– 

M–DWM, District of Montana, Missoula 

Division.) The EPA finds that the 

reissuance of this proposed general 

permit does not conflict with this order, 

because (1) the proposed permit would 

not authorize any point source 

discharges and (2) as discussed under 

the ‘‘Protection of Public Health and 

The Environment’’ section of the Fact 

Sheet for the general permits, the use 

and/or disposal of sewage sludge in 

compliance with the conditions of this 

permit is not likely to have any adverse 

effect on any waterbody in Montana that 

has been listed under Section 303(d) of 

the Clean Water Act. If any member of 

the public believes that the EPA should 

interpret the District Court’s decision 

otherwise, the EPA requests that this 

issue be brought to its attention during 

the public comment period on this 

proposed permit. 

Since these permits do not involve 

discharges to waters of the United 

States, certification under § 401(a)(1) of 

the Clean Water Act is not necessary for 

the issuance of these permits and 

certification will not be requested. 

Region 8 is proposing to continue to 

use general permits instead of 

individual permits for permitting such 

sewage sludge related activities in order 

to reduce the Region’s administrative 

burden of issuing separate individual 

permits. The renewal permits and fact 

sheets are very similar to the previous 

permits and fact sheets. Minor editing 

was done throughout the permits and 

fact sheets to correct typographic errors, 

update the list of the tribal 

environmental contacts, and some 

wording changes were made to provide 

clarification. The only significant 

changes made to the permits and fact 

sheets were: (1) References to Biosolids 

Data Management System (BDMS) was 

removed as it is no longer compatible 

with current computer systems; (2) In 

Table 12 several antiquated analytical 

methods were removed from the list of 

acceptable analytical methods to be 

used in the analysis of sewage sludge. 

These methods may still be used with 

permission of the permitting authority; 

and (3) In Part 5.1.1.2.8 of the 

landfilling part of the permit, the 

requirement to do Part 4.1.4 of the 

permit was added for when sewage 

sludge is used in the final cover of the 

landfill. The purpose is to require 

agronomic soil sampling for calculating 

the proper amount of sewage sludge to 

be utilized in the establishment/ 

maintenance of vegetation on the final 

cover of the landfill. The administrative 

burden for most of the regulated sources 

is expected to be less under the general 

permits than with individual permits, 

and it will be much quicker to obtain 

permit coverage with general permits 

than with individual permits. The 

substantive permit requirements would 

be essentially the same with an 

individual permit or under the general 

permit. Facilities or operations that 

incinerate sewage sludge are not eligible 

for coverage under these general permits 

and must apply for an individual 

permit. Wastewater lagoon systems that 

are not using/disposing of sewage 

sludge do not need to apply for permit 

coverage unless notified by the permit 

issuing authority. The deadlines for 

applying for coverage under the general 

permits are given in the permits and the 

Fact Sheet. Facilities/operations that 

had coverage under the previous general 

permit and have submitted a timely 

request for coverage under this renewal 

permit are covered automatically under 

this permit unless the permit issuing 

authority requires the submittal of a 

new notice of intent (NOI). 

On February 19, 1993, (58 FR 9248,) 

the EPA promulgated ‘‘Standards for the 

Use or Disposal of Sewage Sludge’’ (40 

CFR part 503) and made revisions to the 

NPDES regulations to include the 

permitting of facilities/operations that 

generate, treat, and/or use/dispose of 

sewage sludge. The 503 regulations 

were amended on August 4, 1999 (64 FR 

42551). 

The States of South Dakota and Utah 

currently are the only States in Region 

8 that have been authorized to 

administer the biosolids (sludge) 

program. It is proposed that the EPA 

general permits be reissued for facilities 

or operations that generate, treat, and/or 

use/dispose of sewage sludge by means 

of land application, landfill, and surface 

disposal within the following areas: 

State Permit No. Area covered by the general permit 

Colorado ................................................... COG650000 State of Colorado except for Federal Facilities and Indian country. 

COG651000 Indian country within the State of Colorado and the portions of the Ute Mountain Indian Reservation located in New Mexico and in Utah. 

COG652000 Federal Facilities in the State of Colorado, except those located in Indian country, 

which are covered under permit COG51000. 

Montana .................................................... MTG650000 State of Montana except for Indian country. 

MTG651000 Indian country in the State of Montana. 

North Dakota ............................................. NDG650000 State of North Dakota except for Indian country. 

NDG651000 Indian country within the State of North Dakota (except for Indian country located 

within the former boundaries of the Lake Traverse Indian Reservation, which are 

covered under permit SDG651000) and that portion of the Standing Rock Indian 

Reservation located in South Dakota. 

South Dakota ............................................ SDG651000 Indian country within the State of South Dakota (except for the Standing Rock Indian Reservation, which is covered under permit NDG651000), that portion of the 

Pine Ridge Indian Reservation located in Nebraska, and Indian country located in 

North Dakota within the former boundaries of the Lake Traverse Indian Reservation. 

Utah .......................................................... UTG651000 Indian country within the State of Utah except for the Goshute Indian Reservation, 

Navajo Nation, and Ute Mountain Indian Reservation (which is covered under 

permit COG651000). 

Wyoming ................................................... WYG650000 State of Wyoming except for Indian country. 

WYG651000 Indian country within the State of Wyoming. 

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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 

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