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[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24874-24875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10736]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0782; ER-FRL-8996-7]

Initiation of Scoping for an Environmental Assessment (EA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Initiation of Scoping.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321-4307h), the Council on Environmental Quality's NEPA 
regulations (40 CFR parts 1500-1508), and EPA's regulations for 
implementing NEPA (40 CFR part 6), EPA will prepare an Environmental 
Assessment (EA) to analyze the potential environmental impacts related 
to the reissuance of the National Pollutant Discharge Elimination 
System (NPDES) General Permit for Discharges from Construction 
Activities. The EA will evaluate the potential environmental impacts 
from the discharge of pollutants associated with stormwater runoff from 
construction activities greater than one acre, where EPA is the 
permitting authority. EPA will use the information in the EA to 
determine whether to prepare an Environmental Impact Statement (EIS).
    This notice initiates the scoping process by inviting comments from 
Federal, State, and local agencies, Indian tribes, and the public to 
help identify the environmental issues and reasonable alternatives to 
be examined in the EA. The scoping process will inform the preparation 
of the EA, which will be made available for public comment.

DATES: Comments must be received by May 27, 2011.

ADDRESSES: You may submit scoping comments to the Docket ID No. EPA-HQ-
OW-2010-0782 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments by clicking on ``Help'' or ``FAQs.''
     Mail: Attn: CGP Scoping Comments, U.S. Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Mail Code: 2252A, Washington, DC 20460.
     Courier: Attn: CGP Scoping Comments, U.S. Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Rm. 7241C, Washington, DC 20004, between 9 a.m. and 5 p.m. 
Eastern time, Monday through Friday, except Federal holidays.
     Fax: 202-564-0072, ATTN: CGP Scoping Comments.
    Comments should be received within 30 days of the date of the 
publication of the Proposed Construction General Permit in the Federal 
Register. 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. 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 submit 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 FURTHER INFORMATION CONTACT: Jessica Trice, NEPA Compliance 
Division, Office of Federal Activities, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Mail Code: 2252A, Washington, DC 
20460. Telephone: (202) 564-6646.

SUPPLEMENTARY INFORMATION: EPA is seeking public comment to determine 
the scope of environmental issues and

[[Page 24875]]

reasonable alternatives to be addressed in the EA on the reissuance of 
the National Pollutant Discharge Elimination System (NPDES) general 
permit for stormwater discharges from construction activities that are 
greater than one acre. EPA invites the public to submit comments 
through Regulations.gov or by mail or fax to the address cited in the 
ADDRESSES section during the 30-day comment period following the 
publication of the Proposed Construction General Permit in the Federal 
Register.
    Since 1992, EPA has issued a series of NPDES Construction General 
Permits (CGP) that cover areas where EPA is the permitting authority. 
At present, EPA is the permitting authority in four states (Idaho, 
Massachusetts, New Hampshire, and New Mexico), the District of 
Columbia, Puerto Rico, all U.S. territories with the exception of the 
Virgin Islands, federal facilities in four states (Colorado, Delaware, 
Vermont, and Washington), most Indian lands and a few other 
specifically designated activities in specific states (e.g., oil and 
gas activities in Texas and Oklahoma). EPA's current CGP became 
effective on June 30, 2008 (see 74 FR 40338) and will expire on June 
30, 2011. (Note: On April 25, 2011, EPA proposed extending the 
expiration of the 2008 CGP until January 31, 2012. See 76 FR 22891.) On 
April 25, 2011, EPA proposed for public comment the draft National 
Pollutant Discharge Elimination System general permit for stormwater 
discharges from large and small construction activities. 76 FR 22882. 
The proposed permit would replace the 2008 CGP, as well as the 2003 CGP 
for construction sites still covered under that administratively 
continued permit. EPA proposes to issue the construction general permit 
for five (5) years, and to provide permit coverage to eligible existing 
and new construction projects in all areas of the country where EPA is 
the NPDES permitting authority.
    EPA is currently planning to analyze two alternatives in the EA: No 
Action, that is not issuing the CGP; and the proposed action, which is 
issuing the draft CGP implementing the technology-based Effluent 
Limitation Guidelines and New Source Performance Standards (C&D Rule). 
The C&D Rule was issued by EPA for the construction and development 
industry on December 1, 2009. These requirements include (1) non-
numeric effluent limitations that apply to all permitted discharges 
from construction sites in order to minimize the discharge of 
pollutants, and (2) a numeric effluent limit that applies to sites over 
10 acres. The EA will analyze the potential environmental impacts of 
both alternatives on threatened and endangered species, water quality, 
and historic properties.

    Dated: April 28, 2011.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2011-10736 Filed 5-2-11; 8:45 am]
BILLING CODE 6560-50-P
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