58774 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices 

Confidential Business Information 

Security Manuals. 

ERG, Incorporated shall protect from 

unauthorized disclosure all information 

designated as confidential and shall 

abide by all RCRA CBI requirements, 

including procedures outlined in the 

RCRA CBI Security Manual. 

The U.S. Environmental Protection 

Agency has issued regulations (40 CFR 

Part 2, Subpart B) that outline business 

confidentiality provisions for the 

Agency and require all EPA Offices that 

receive information designated by the 

submitter as CBI to abide by these 

provisions. ERG, Incorporated will be 

authorized to have access to RCRA CBI 

under the EPA ‘‘Contractor 

Requirements for the Control and 

Security of RCRA Confidential Business 

Information Security Manual.’’ 

EPA is issuing this notice to inform 

all submitters of information under all 

sections of RCRA that ERG, 

Incorporated under the contract may 

have access to RCRA CBI. Access to 

RCRA CBI under this contract will take 

place at ERG’s Chantilly, Virginia and 

Prairie View, Kansas offices, and when 

necessary, EPA Headquarters only. 

Contractor personnel at each location 

will be required to sign non-disclosure 

agreements and will be briefed on 

appropriate security procedures before 

they are permitted access to confidential 

information. 

Dated: September 4, 2014. 

Barnes Johnson, 

Director, Office of Resource Conservation & 

Recovery. 

[FR Doc. 2014–22473 Filed 9–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9917–31–Region–1] 

Notice of Availability of Draft NPDES 

General Permit for Stormwater 

Discharges From Small Municipal 

Separate Storm Sewer Systems in 

Massachusetts 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of availability of draft 

NPDES general permit. 

SUMMARY: The Director of the Office of 

Ecosystem Protection, Environmental 

Protection Agency—Region 1 (EPA), is 

providing this Notice of Availability of 

a draft National Pollutant Discharge 

Elimination System (NPDES) general 

permit for stormwater discharges from 

small Municipal Separate Storm Sewer 

Systems (MS4s) to certain waters of the 

Commonwealth of Massachusetts. The 

draft NPDES general permit establishes 

Notice of Intent (NOI) requirements, 

prohibitions, and management practices 

for stormwater discharges from small 

MS4s. EPA has substantially modified 

the previous two draft general permits 

released on February 4, 2010 and March 

18, 2010 and is issuing a new draft 

general permit for all eligible MS4s in 

Massachusetts. 

DATES: Comments must be received on 

or before December 29, 2014. 

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: 

Public Comment Information 

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 

Wednesday, November 19, 2014 from at 

1:00 p.m. at the following location: 

Leominster Public Library (Community 

Room), 30 West Street, Leominster, 

Massachusetts 01453. An Alternate date 

in case of cancelation due to inclement 

weather or other emergency is 

Wednesday, December 3, 2014 at the 

same location. 

The public comment process and the 

public hearing will be conducted in 

accordance with 40 CFR 124, EPA’s 

Procedures for Decision making. EPA 

will consider and respond to all 

significant comments before taking final 

action. 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. 

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. 

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 

commonwealth of Massachusetts. The 

three permits are: 

MAR041000—Traditional cities and 

towns 

MAR042000—Non-traditional state, 

federal, county and other publicly 

owned systems 

MAR043000—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/MS4_MA.html. 

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) 


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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices 58775 

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.’’ 

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 Stormwater 

Management Program (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. 

During 2010 EPA issued two separate 

draft Small MS4 General permits to 

replace the 2003 Small MS4 permit for 

eligible Operators located 

Massachusetts; one for Operators 

located in the North Coastal watershed 

and the other for those located in the 

Interstate, Merrimack and South Coastal 

watersheds. Based on comments and 

information gathered while developing 

responses, EPA has modified the initial 

draft general permits and is issuing a 

single new draft permit covering all 

eligible operators in Massachusetts 

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 with and 

without an approved Total Maximum 

Daily Load and 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. 

Please note that the new Draft Permit 

completely supersedes both 2010 draft 

permits, 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. 

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. 

Non-Numeric Effluent Limitations 

When EPA has not promulgated 

effluent limitation guidelines for a 

category of discharges, or if an operator 

is discharging a pollutant not covered 

by an effluent limitation guideline, 

permit limitations may be based on the 

best professional judgment (BPJ) of the 

agency or permit writer. For this permit, 

effluent limits are based on BPJ. The BPJ 

limits in this permit are in the form of 

non-numeric control measures, 

commonly referred to as best 

management practices (BMPs). Nonnumeric limits are employed under 

limited circumstances, as described in 

40 CFR § 122.44(k). 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 from 

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 purpose of the CWA.’’ The 

permit regulates stormwater discharges 

with BMPs. Due to the variability 

associated with stormwater, EPA 

believes the use of BMPs is currently the 

most appropriate method to regulate 

discharges of stormwater from 

municipal systems in accordance with 

the above referenced regulation. 

Water Quality Based Effluent 

Limitations: Section 402(p)(3)(B)(iii) of 

CWA authorizes EPA to include in an 

MS4 permit ‘‘such other provisions as 

[EPA] determine[s] appropriate for 

control of . . . pollutants.’’ 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 draft general 

permit constitute the water qualitybased effluent limitations of the permit. 

The purpose of these parts of the permit 

is to establish the broad 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. This 

specifically includes discharges to 

impaired waterbodies with and without 

an approved TMDL. These non-numeric 

effluent limitation requirements of this 

permit are expressed in the form of 

additional control measures and BMPs 

beyond what is required in the MEP 

section of the draft general permit (Part 

2.3). 

Requirements To Reduce Pollutant to 

the Maximum Extent Practicable: The 

draft general permit sets forth the 

requirements for the small MS4 to 

‘‘reduce the discharge of pollutants to 

the maximum extent practicable (MEP), 

including management practices, 

control techniques, and system, design 

and engineering methods’’ (See section 

402(p)(3)(B)(iii) of the CWA). EPA 

believes that implementation of best 

management practices (BMPs) designed 

to control stormwater 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. 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; 


tkelley on DSK3SPTVN1PROD with NOTICES
58776 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices 

construction stormwater management; 

stormwater 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 minimum control measure. 

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 permittee 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. 

Authority: This action is being taken 

under the Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: September 23, 2014. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2014–23262 Filed 9–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

(OMB) 

AGENCY: Federal Communications 

Commission (FCC). 

ACTION: Notice; request for comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burden and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3502– 

3520), the FCC invites the general 

public and other Federal agencies to 

take this opportunity to comment on the 

following information collection. 

Comments are requested concerning: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimates; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

Control Number. 

DATES: Written PRA comments should 

be submitted on or before October 30, 

2014. If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Submit your PRA comments 

to Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at 202–395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Leslie F. Smith, Office of Managing 

Director (OMD), Federal 

Communications Commission (FCC), via 

the Internet at Leslie.Smith@fcc.gov. To 

submit your PRA comments by email, 

please send them to: PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Leslie F. Smith, Office of Managing 

Director (OMD), Federal 

Communications Commission (FCC), at 

202–418–0217, or via the Internet at: 

Leslie.Smith@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0411. 

Title: Procedures for Formal 

Complaints. 

Form Number: FCC Form 485. 

Type of Review: Extension of a 

currently-approved collection. 

Respondents: Individuals or 

households, business or other for-profit 

entities, not-for-profit institutions, 

federal government, and state, local, or 

tribal governments. 

Number of Respondents and 

Responses: 20 respondents; 301 

responses. 

Estimated Time per Response: 1–60 

hours. 

Frequency of Response: 

Recordkeeping requirement, onoccasion reporting requirement, and 

third party disclosure requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 151, 154(i), 

154(j), 206, 207, 208, 209, 301, 303, 304, 

309, 316, 332, and 1302. 

Total Annual Burden: 1,349 hours. 

Total Annual Cost: $1,847,900. 

Nature and Extent of Confidentiality: 

47 CFR Section 1.731 provides for 

confidential treatment of materials 

disclosed or exchanged during the 

course of formal complaint proceedings 

when the disclosing party has identified 

the materials as proprietary or 

confidential. In the rare case in which 

a producing party believes that section 

1.731 will not provide adequate 

protection for its assorted confidential 

material, it may request either that the 

opposing party consent to greater 

protection, or that the staff supervising 

the proceeding order greater protection. 

Privacy Act Impact Assessment: The 

information collection requirements 

may affect individuals or households. 

As required by the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, and OMB 

regulations, M–03–22 (September 22, 

2003), the FCC has completed both a 

system of records, FCC/EB–5, 

‘‘Enforcement Bureau Activity Tracking 

System,’’ and a Privacy Impact 

Assessment (PIA), to cover the 

collection, maintenance, use, and 

disposal of all personally identifiable 

information (PII) that may be submitted 

as part of a formal complaint filed 

against a common carrier: 

(a) The system of records notice 

(SORN), FCC/EB–5, ‘‘Enforcement 

Bureau Activity Tracking System 

(EBATS),’’ was published in the Federal 

Register on December 14, 2010 (75 FR 

77872) and became effective on January 

24, 2011. It is posted on the FCC’s 

Privacy Act Web page at: http://

www.fcc.gov/omd/privacyact/recordssystems.html. 

(b) The initial Privacy Impact 

Assessment (PIA) was completed on 

May 22, 2009. However, with the 

approval of the FCC/EB–5, ‘‘EBATS,’’ on 

January 24, 2011 and supplementation 

expected in Fall 2014, the Commission 

is now updating the PIA to include the 

information that is contained in this 

SORN. Statutory authority for this 

information collection is contained in 

47 U.S.C. 151, 154(i), 154(j), 206, 207, 

208, 209, 301, 303, 304, 309, 316, 332, 

and 1302. 

Needs and Uses: Sections 206–209 of 

the Communications Act of 1934, as 

amended (the ‘‘Act’’), provide the 

statutory framework for adjudicating 

formal complaints against common 

carriers. To resolve complaints between 

providers regarding compliance with 

data roaming obligations, Commission 

Rule 20.12(e) adopts by reference the 

procedures already in place for 


tkelley on DSK3SPTVN1PROD with NOTICES