11184 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices

SUMMARY: This notice announces EPA’s

receipt of test data on n-amyl acetate

(CAS No. 628–63–7). These data were

submitted pursuant to a neurotoxicity

testing program conducted in rats which

was required under an enforceable

testing consent agreement/order issued

by EPA under section 4 of the Toxic

Substances Control Act (TSCA).

Publication of this notice is in

compliance with section 4(d) of TSCA.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, (202) 554–1404,

TDD (202) 554–0551; e-mail:TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Under 40

CFR 790.60, all TSCA section 4

enforceable consent agreements/orders

must contain a statement that results of

testing conducted pursuant to testing

enforceable consent agreements/orders

will be announced to the public in

accordance with section 4(d).

I. Test Data Submissions

Test data for n-amyl acetate were

submitted by Regnet Environmental

Services, Inc. on behalf of the Union

Carbide Corporation pursuant to a TSCA

section 4 enforceable testing consent

agreement/order at 40 CFR 799.5000.

EPA granted Union Carbide Corporation

a 2-week extension for submission of

this report and received the data on

February 6, 1997. The submission

includes a final report entitled ‘‘An

Acute Neurotoxicity Study of a Single

Inhalation Whole-Body Exposure of nAmyl Acetate Vapor (with a 2-week

observation) in the Albino Rat.’’ n-Amyl

acetate is primarily used as a solvent for

nitrocellulose lacquers and paints.

Other large uses are as extraction

solvents in penicillin manufacture and

electrostatic spray coatings for

automobiles. Miscellaneous uses

include a solvent in photographic film,

leather polishes, dry cleaning

preparations, and as a flavoring agent.

EPA has initiated its review and

evaluation process for this data

submission. At this time, the Agency is

unable to provide any determination as

to the completeness of the submission.

II. Public Record

EPA has established a public record

for this TSCA section 4(d) receipt of

data notice (docket number OPPTS–

44638). This record includes a copy of

the study reported in this notice. The

record is available for inspection from

12 noon to 4 p.m., Monday through

Friday, except legal holidays, in the

TSCA Nonconfidential Information

Center (also known as the TSCA Public

Docket Office), Rm. B–607 Northeast

Mall, e-mail address:

oppt.ncic@epamail.epa.gov., 401 M St.,

SW., Washington, DC 20460.

AUTHORITY: 15 U.S.C. 2603.

List of Subjects

Environmental protection, Test data.

Dated: March 3, 1997.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

[FR Doc. 97–6016 Filed 3–10–97; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5702–4]

Final General NPDES Permit for

Facilities Related to Oil and Gas

Extraction on the North Slope of the

Brooks Range, Alaska (Permit Number

AKG–31–0000)

AGENCY: Environmental Protection

Agency, Region 10.

ACTION: Notice of a final general permit.

SUMMARY: The Director, Office of Water,

EPA Region 10 is issuing a General

NPDES permit for facilities related to

Oil and Gas Extraction on the North

Slope of the Brooks Range in Alaska.

This general permit regulates activities

associated with the extraction of oil and

gas on the North Slope of the Brooks

Range in the North Slope Borough in the

state of Alaska. The activities covered

include sanitary and domestic

discharges from mobile, exploration,

development and production camps;

gravel pit dewatering and the use of this

water for the construction of ice

structures and road watering; and

construction dewatering. The permit

establishes effluent limitations,

standards, prohibitions and other

conditions on discharges from covered

facilities. These conditions are based on

existing national effluent guidelines, the

state of Alaska’s Water Quality

Standards and material contained in the

administrative record. A description of

the basis for the conditions and

requirements of the proposed general

permit were provided in the fact sheet

and changes to the proposed general

permit are documented in the Response

to Comments.

DATES: The general permit will become

effective on April 10, 1997 and will

expire on April 10, 2002.

FOR FURTHER INFORMATION CONTACT:

Copies of the final general NPDES

permit, response to comments, and

today’s publication will be provided

upon request by calling the EPA Region

10, Public Information Office, at (800)

424–4372 or (206) 553–1200 or upon

request by calling Cindi Godsey at (907)

269–7692. Requests may also be

electronically mailed to:

GODSEY.CINDI@EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION: The Office

of Management and Budget has

exempted this action from the review

requirements of Executive Order 12866

pursuant to section 6 of that order.

The state of Alaska, Department of

Environmental Conservation (ADEC),

has certified that the subject discharges

comply with the applicable provisions

of sections 208(e), 301, 302, 306 and 307

of the Clean Water Act. The state of

Alaska, Office of Management and

Budget, Division of Governmental

Coordination (DGC), has certified that

the general NPDES permit is consistent

with the approved Alaska Coastal

Management Program.

Comments were received which

caused changes to the proposed permit.

These are detailed in the Response to

Comments. The following is a summary

of some of the changes:

Discharges to non-frozen tundra will

be authorized but the time a facility can

discharge in one spot to tundra has been

reduced from 7 to 5 days. A request for

coverage shall be submitted at least 45

days prior to discharge rather than 60.

ADEC has authorized a mixing zone for

chlorine for discharges of sanitary

wastewater to the tundra. The basis for

the settleable solids limitation found in

several categories of discharges has been

changed from a technology-based

limitation to a water quality-based one;

this change requires that the effluent

sample be compared to a sample

representative of the natural conditions

of a waterbody. The promulgation of

New Source Performance Standards

(NSPS) for sanitary and domestic

wastewater in 40 CFR part 435, subpart

D caused EPA to reconsider the basis for

the floating solids requirement and it

has been changed from a technology to

a water quality-based limitation. NSPS

also requires new development and

production facilities to comply with the

National Environmental Policy Act

(NEPA) before coverage could be

granted under this general NPDES

permit.

Within 120 days following service of

notice of EPA’s final permit decision

under 40 CFR 124.15, any interested

person may appeal this general NPDES

permit in the Federal Court of Appeal in

accordance with section 509(b)(1) of the

Clean Water Act.
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices 11185

Regulatory Flexibility Act

After review of the facts presented in

the notice printed above, I hereby certify

pursuant to the provision of 5 U.S.C.

605(b) that this general NPDES permit

will not have a significant impact on a

substantial number of small entities.

Moreover, the permit reduces a

significant administrative burden on

regulated sources.

Dated: February 27, 1997.

Philip G. Millam,

Director, Office of Water.

Permit No.: AKG–31–0000

United States Environmental Protection

Agency, Region 10, 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

1214

Authorization To Discharge Under the

National Pollutant Discharge

Elimination System (NPDES) for

Facilities Related to Oil and Gas

Extraction

In compliance with the provisions of

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

seq., as amended by the Water Quality

Act of 1987, Public Law 100–4, the

‘‘Act,’’ the following discharges are

authorized in accordance with this

General NPDES Permit:

Discharge name

Discharge

No.

Sanitary Wastewater ..................... 001

Domestic Wastewater ................... 002

Gravel Pit Dewatering ................... 003

Construction Dewatering .............. 004

from facilities listed in Permit Part I.A.

and authorized according to Permit Part

I.C. Discharges of pollutants not

specifically set out in this permit are not

authorized.

The area of coverage is Alaska’s North

Slope Borough (see Attachment C).

This permit shall become effective

April 10, 1997.

This permit and the authorization to

discharge shall expire at midnight, April

10, 2002.

Signed this 27th day of February, 1997.

Philip G. Millam,

Director, Office of Water, Region 10, U.S.

Environmental Protection Agency.

Table of Contents

Cover Sheet—Issuance and Expiration Dates

I. Applicability and Notification

Requirements

A. Applicability

B. Requests for Coverage

C. Authorization to Discharge

D. Notice of Intent to Commence

Discharges

E. Termination of Discharges

F. Submission of Information

G. Changes from a General Permit to an

Individual Permit

II. Effluent Limitations and Monitoring

Requirements

A. Sanitary Wastewater Discharges

B. Domestic Wastewater Discharges

C. Gravel Pit Dewatering

D. Construction Dewatering

E. Best Management Practices Plan

F. Other Discharge Limitations

III. Monitoring, Recording, and Reporting

Requirements

A. Representative Sampling

B. Reporting of Monitoring Results

C. Monitoring Procedures

D. Additional Monitoring by the Permittee

E. Records Contents

F. Retention of Records

G. Notice of Noncompliance Reporting

H. Other Noncompliance Reporting

I. Inspection and Entry

IV. Compliance Responsibilities

A. Duty to Comply

B. Penalties for Violations of Permit

Conditions

C. Need to Halt or Reduce Activity not a

Defense

D. Duty to Mitigate

E. Proper Operation and Maintenance

F. Removed Substances

G. Bypass of Treatment Facilities

H. Upset Conditions

I. Toxic Pollutants

V. General Requirements

A. Changes in Discharge of Toxic

Substances

B. Planned Changes

C. Anticipated Noncompliance

D. Permit Actions

E. Duty to Reapply

F. Duty to Provide Information

G. Other Information

H. Signatory Requirements

I. Availability of Reports

J. Oil and Hazardous Substance Liability

K. Property Rights

L. Severability

M. Transfers

N. State Laws

O. Paperwork Reduction Act

VI. Definitions

I. Applicability and Notification

Requirements

This permit does not authorize the

discharge of pollutants to waters of the

United States until the requirements of

I.B., I.C. and I.D. below, are met.

A. Applicability

Discharges described in the following

table can be authorized by this general

permit:

Outfall Facility

Discharge to

Fresh Marine

Sanitary (001) ..................................... Mobile Camps ................................................................................................. X X1

Domestic (002) .................................... Exploration ...................................................................................................... X X1

Wastewater ......................................... Existing Development and Production ........................................................... X X1

New Source Development and Production .................................................... X X1

Gravel Pit:

Dewatering (002) Direct or Tundra

Discharges ...................................................................................................... X ....................

Ice Structures ................................................................................................. X X2

Road Watering ................................................................................................ X ....................

Construction Direct or

Dewatering ................................... Tundra Discharges ......................................................................................... X

1 In the Coastal Area (defined in Permit Part VI.F.) and in the coverage area Subsequent to the NEPA process identifying the GP as the preferred alternative. 2Any area offshore of the coverage area.

B. Requests for Coverage

Persons requesting coverage under

this general permit shall provide to EPA

a written request to be covered by this

permit at least 45 days prior to initiation

of discharges. The request will be made

in the form of a Notice of Intent (NOI),

Office of Management and Budget

(OMB) approval number 2040–0086. An

NOI information sheet is Attachment A

of this general permit. The NOI shall be

signed by a responsible on-site

representative.

C. Authorization to Discharge

The permittee’s discharges are not

authorized until the permittee receives
11186 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices

written notification that EPA has

assigned a permit number under this

general permit to operations at the

discharge site. A permit number cannot

be assigned unless EPA has a completed

NOI.

D. Notice of Intent to Commence

Discharges

The permittee shall notify EPA,

Region 10, no later than seven days

prior to initiation of discharges from the

facility. The notification shall include

the exact coordinates (latitude and

longitude) of the operation. Mobile

camps may designate an area where

they will be operating and if the

operation takes them outside the

designated area, a new NOI would be

necessary. Notification may be oral or in

writing. The Best Management Practices

(BMP) Plan shall be in place no later

than the notification of commencement

of discharges. If notification is given

orally, written notification must follow

within seven days.

E. Termination of Discharges

The permittee shall notify EPA when

General Permit coverage is no longer

needed at a site or within an area

described by an NOI. This will

terminate permit coverage at the site or

within the area. The notification may be

provided in a Discharge Monitoring

Report (DMR), OMB approval number

2040–0004, or under separate cover.

F. Submission of Information

Reports and notifications required

herein shall be submitted to the

following address: Manager, NPDES

Permits Unit, U.S. Environmental

Protection Agency, 1200 Sixth Avenue,

OW–130, Seattle, WA 98101.

All monitoring reports and

notifications of noncompliance:

Manager, NPDES Compliance Unit, U.S.

Environmental Protection Agency, 1200

Sixth Avenue, OW–133, Seattle, WA

98101.

All of the above information shall also

be sent to: Alaska Department of

Environmental Conservation (ADEC),

Watershed Development Group—

Industrial Permits, 555 Cordova Street,

Anchorage, Alaska 99501.

G. Changes From a General Permit to an

Individual Permit

1. The Director may require any

permittee discharging under the

authority of this permit to apply for and

obtain an individual NPDES permit

when any one of the following

conditions exist:

a. The discharge(s) is (are) a

significant contributor of pollution.

b. The permittee is not in compliance

with the conditions of this general

permit.

c. A change has occurred in the

availability of the demonstrated

technology or practices for the control

or abatement of pollutants applicable to

the point source.

d. A Water Quality Management Plan

containing requirements applicable to

such a point source is approved.

e. The point sources covered by this

permit no longer:

(1) Involve the same or substantially

similar types of operations,

(2) Discharge the same types of waste,

(3) Require the same effluent

limitations or operation conditions, or

(4) Require the same or similar

monitoring.

f. In the opinion of the Director, the

discharges are more appropriately

controlled under an individual permit

rather than under a general NPDES

permit.

2. The Director may require any

permittee authorized by this permit to

apply for an individual NPDES permit

only if the permittee has been notified

in writing that an individual permit

application is required.

3. Any permittee authorized by this

permit may request to be excluded from

the coverage of this general permit by

applying for an individual permit. The

owner or operator shall submit an

application together with the reasons

supporting the request to the Director no

later than 90 days after the effective date

of the permit.

4. When an individual NPDES permit

is issued to a permittee otherwise

subject to this general permit, the

authorization to discharge under this

general permit is automatically

terminated on the effective date of the

individual permit.

I. Effluent Limitations and Monitoring

Requirements

During the effective period of this

permit, discharges from the following

outfalls are authorized according to the

terms and conditions of this general

permit:

A. Sanitary Wastewater Discharges—

Discharge 001

Discharges of Sanitary Wastewater

shall be limited and monitored by the

permittee in accordance with Parts III,

IV, V and the following requirements:

1. Specific Limitations

a. The pH shall not be less than 6.5

nor greater than 8.5.

b. The discharge shall not, alone or in

combination with other substances,

cause a film, sheen or discoloration on

the surface of the water or adjoining

shorelines.

c. The following limits shall apply:

EFFLUENT LIMITATIONS

Parameter (units) 7-day average

30-day averageDaily Maximum Units

Flow ........................................................................................................................... .................... .................... 15,000 Gallons/day.

Biochemical Oxygen Demand (BOD5) ...................................................................... 45 30 60 mg/L.

Total Suspended Solids (TSS) .................................................................................. 45 30 60 mg/L.

Fecal Coliform ........................................................................................................... .................... 20 40 #/100 ml.

Total Residual Chlorine (TRC):

Open Waters ...................................................................................................... .................... .................... 12 μg/L.

Frozen Tundra 2 .................................................................................................. .................... .................... 4 mg/L.

Summer Tundra 2 ............................................................................................... .................... .................... 2 mg/L.

1 In water bodies supporting salmonid fish, otherwise 10 μg/L. 2 Discharges for no more than 5 days in one site.

2. Monitoring Requirements
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices 11187

MONITORING REQUIREMENTS

Parameter Sample location Sampling frequency

Type of

sample

Total Flow ..................................................................................................................................... Effluent ............. Daily ................. Estimate.

BOD5 ............................................................................................................................................ Effluent ............. Weekly .............. Grab.

TSS ............................................................................................................................................... Effluent ............. Weekly .............. Grab.

pH ................................................................................................................................................. Effluent ............. Weekly .............. Grab.

Fecal Coliform .............................................................................................................................. Effluent ............. 1/Month ............ Grab.

TRC .............................................................................................................................................. Effluent ............. Weekly .............. Grab.

3. Discharges to Tundra Wetlands

In addition to meeting the above

effluent limitations, the BMP Plan

developed to comply with Permit Part

II.E., below, will address such items as

relocating the discharge point after 5

days of discharge, prevention of

chlorine burn and excessive nutrient

and/or sediment loading of the tundra.

B. Domestic Wastewater Discharges—

Discharge 002

Discharges of Domestic Wastewater

shall be limited and monitored by the

permittee in accordance with Parts III,

IV, V and the following requirements:

1. Specific Limitations

a. The discharge shall not, alone or in

combination with other substances,

cause a film, sheen or discoloration on

the surface of the water or adjoining

shorelines.

b. Kitchen oils from food preparation

shall not be discharged.

2. Monitoring Requirements

MONITORING REQUIREMENTS

Parameter Sample location Sampling frequency Type of sample

Total Flow ............................................................................................................................ Effluent ............. Daily ................. Estimate.

Floating Solids ..................................................................................................................... Effluent ............. Daily ................. Observation.

Foam ................................................................................................................................... Effluent ............. Daily ................. Observation.

Oily Sheen ........................................................................................................................... Effluent ............. Daily ................. Observation.

3. Discharges to Tundra Wetlands

In addition to meeting the effluent

limitations above, the BMP Plan

developed to comply with Permit Part

II.E., below, will address such items as

relocating the discharge point after 5

days of discharge and excessive

sediment loading to the tundra.

C. Gravel Pit Dewatering—Discharge

003

Discharges from Gravel Pits shall be

limited and monitored by the permittee

in accordance with Parts III, IV, V and

the following requirements:

1. Specific Limitations

EFFLUENT LIMITATIONS

Parameter Minimum Maximum Units

Total Flow (MGD) ............................................................................................ 1.5 Million gallons per day.

Settleable Solids (SS) ..................................................................................... No increase above ....

natural conditions.

.................... ml/L.

pH .................................................................................................................... 6.5 ............................. 8.5 Standard Units (S.U.).

Oily Sheen ....................................................................................................... No discharge of floating solids, visible foam or oily wastes which

may cause a film, sheen, or discoloration on the surface or floor of

the water body or adjoining shorelines. Surface waters must be virtually free from floating oils.

2. Monitoring Requirements

MONITORING REQUIREMENTS.

Parameter Sample location Sampling frequency

Type of

sample

Total Flow ................................................................................................................... Effluent ............................... Daily ................. Estimate.

SS ............................................................................................................................... Effluent ............................... Weekly .............. Grab.

Natural conditions 1 ............ Weekly .............. Grab.

pH ............................................................................................................................... Effluent ............................... Weekly .............. Grab.

Oily Sheen .................................................................................................................. Surface of the mine water

and receiving water.

Daily ................. Visual.

1When discharging to open waters.
11188 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices

3. Ice Structures, Road Watering and

Discharges to Tundra Wetlands

a. The Best Management Practices

(BMP) Plan (the BMP Plan) developed to

comply with Permit Part II.E., below,

will address the methods used to

dewater a gravel pit to meet the effluent

limitations in Permit Part II.C.1. for a

direct discharge.

b. Although effluent limitations will

not be measured, the BMP Plan shall

specify the above methods as the way a

gravel pit will be dewatered when the

water will be discharged to tundra

wetlands or used in ice structures and

road watering.

c. The BMP Plan shall address, when

necessary, the operation and

maintenance of the ice structures

constructed using gravel pit water so

there will be no detrimental effects on

water quality prior to the melting of the

ice road in the spring. The BMP Plan

will also address, when necessary, the

use of gravel pit water for road watering

and outline the measures to prevent

pollutants from the road bed from

reaching waters of the United States.

D. Construction Dewatering—Discharge

004

Construction Dewatering Discharges

shall be limited and monitored by the

permittee in accordance with Parts III,

IV, V and the following requirements:

1. Specific Limitations

EFFLUENT LIMITATIONS

Parameter Minimum Maximum Units

Total Flow (GPD) .......................................................... .................................... ............................................ Gallons per day.

Settleable Solids (SS) ................................................... No increase above ....

natural conditions ......

ml/L..

Turbidity ......................................................................... .................................... 5 NTUs above ....................

natural conditions ...............

Nephelometric Units (NTU).

Monitoring Requirements

MONITORING REQUIREMENTS

Parameter Sample location Sampling frequency

Type of

sample

Total Flow .......................................................................................................... Effluent ........................................ Daily ................. Estimate.

SS ...................................................................................................................... Effluent ........................................ Daily ................. Grab.

Natural conditions 1 ..................... Daily ................. Grab.

Turbidity ............................................................................................................. Effluent ........................................ Daily ................. Grab.

Natural conditions 1 ..................... Daily ................. Grab.

1When discharging to open waters.

3. Discharges to Tundra Wetlands

a. The BMP Plan developed to comply

with Permit Part II.E., below, shall

address the methods used in

construction dewatering to meet the

effluent limitations in Permit Part II.D.1.

for a direct discharge.

b. While effluent limitations will not

be measured, the BMP Plan shall specify

the above methods as the way

construction dewatering will occur

when the water will be discharged to

tundra wetlands.

E. Best Management Practices Plan

1. Development. The permittee shall

during the term of this permit operate

the facility in accordance with the BMP

Plan or in accordance with subsequent

amendments to the BMP Plan. The BMP

Plan shall be ready to implement when

the 7 day notice of discharge is

submitted. The permittee shall also

amend this Plan to incorporate practices

which shall achieve the objectives and

specific requirements listed below. A

copy shall be kept on-site and shall be

made available to EPA and ADEC upon

request.

2. Purpose. Through implementation

of the BMP Plan the permittee shall

prevent or minimize the generation and

the potential for the release of pollutants

from the facility to the waters of the

United States through normal

operations and ancillary activities.

3. Objectives. The permittee shall

develop and amend the BMP Plan

consistent with the following objectives

for the control of pollutants.

a. The number and quantity of

pollutants and the toxicity of the

effluent generated, discharged or

potentially discharged at the facility

shall be minimized by the permittee to

the extent feasible by managing each

influent waste stream in the most

appropriate manner.

b. Under the BMP Plan, and any

Standard Operating Procedures (SOPs)

included in the BMP Plan, the permittee

shall ensure proper operation and

maintenance of the treatment facility.

4. Requirements. The BMP Plan shall

be consistent with the objectives in Part

3 above and the general guidance

contained in the publication entitled

‘‘Guidance Manual for Developing Best

Management Practices’’ (U.S. EPA,

1993) or any subsequent revisions to the

guidance document. The BMP Plan

shall:

a. Be documented in narrative form,

and shall include any necessary plot

plans, drawings or maps, and shall be

developed in accordance with good

engineering practices. The BMP Plan

shall be organized and written with the

following structure:

(1) Name and location of the facility.

(2) A statement of BMP policy.

(3) Structure, functions, and

procedures of the Best Management

Practices Committee.

(4) Specific management practices

and standard operating procedures to

achieve the above objectives, including,

but not limited to, the following:

(a) Modification of equipment,

facilities, technology, processes, and

procedures, and

(b) Improvement in management,

inventory control, materials handling or

general operational phases of the

facility.

(5) Risk identification and assessment.

(6) Reporting of BMP incidents.

(7) Materials compatibility.

(8) Good housekeeping.

(9) Preventative maintenance.

(10) Inspections and records.
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices 11189

(11) Security.

(12) Employee training.

b. Include the following provisions

concerning BMP Plan review:

(1) Be reviewed by appropriate

engineering and managerial staff.

(2) Be reviewed and endorsed by the

permittee’s BMP Committee.

(3) Include a statement that the above

reviews have been completed and that

the BMP Plan fulfills the requirements

set forth in this permit. The statement

shall be certified by the dated signatures

of each BMP Committee member.

c. Establish specific best management

practices to meet the objectives

identified in Part 3 this section,

addressing each component or system

capable of generating or causing a

release of significant amounts of

pollutants, and identifying specific

preventive or remedial measures to be

implemented.

d. Establish specific best management

practices or other measures which

ensure that the following specific

requirements, if necessary, are met:

(1) Provide for dewatering of the

gravel mines.

(2) Provide for the use of diffusers or

other energy-dissipating structures at

the terminus of the discharge pipes to

minimize or abate erosion resulting

from the discharge.

(3) Prevent hydrocarbon

contamination of the gravel mine pits

from equipment, machinery and other

sources.

(4) Provide for the construction and

use of settling ponds or basins as

necessary to comply with the effluent

limits of the permit.

(5) Reflect requirements under CWA

section 402(p) and the storm water

regulations at 40 CFR sections 122.26

and 122.44, and otherwise eliminate, to

the extent practicable, contamination of

storm water runoff.

(6) Require the use of low phosphate

detergents.

5. Documentation. The permittee shall

maintain a copy of the BMP Plan at the

facility and shall make the plan

available to EPA or ADEC upon request.

All offices of the permittee which are

required to maintain a copy of the

NPDES permit shall also maintain a

copy of the BMP Plan.

6. BMP Plan Modification. The

permittee shall amend the BMP Plan

whenever there is a change in the

facility or in the operation of the facility

which materially increases the

generation of pollutants or their release

or potential release to the receiving

waters. The permittee shall also amend

the BMP Plan, as appropriate, when

operations covered by the BMP Plan

change. Any such changes to the BMP

Plan shall be consistent with the

objectives and specific requirements

listed above. All changes in the BMP

Plan shall be reviewed by the

appropriate engineering and managerial

staff.

7. Modification for Ineffectiveness. At

any time, if the BMP Plan proves to be

ineffective in achieving the general

objective of preventing and minimizing

the generation of pollutants and their

release and potential release to the

receiving waters and/or the specific

requirements above, the permit and/or

the BMP Plan shall be subject to

modification to incorporate revised

BMP requirements.

F. Other Discharge Limitations

This permit does not authorize the

discharge of any waste streams,

including spills and other unintentional

or non-routine discharges of pollutants,

that are not part of the normal operation

of the facility or any pollutants that are

not ordinarily present in such waste

streams.

II. Monitoring, Recording, and

Reporting Requirements

A. Representative Sampling

All samples for monitoring purposes

shall be representative of the monitored

activity, 40 CFR 122.41(j). To determine

compliance with permit effluent

limitations, ‘‘grab’’ samples shall be

taken as established under Permit Part

II. Effluent samples shall be collected

prior to discharge to the receiving water.

B. Reporting of Monitoring Results

Monitoring results shall be

summarized each month and reported

on EPA Form 3320–1 (Discharge

Monitoring Report) and submitted

annually to the Environmental

Protection Agency, Region 10, 1200

Sixth Avenue, NPDES Compliance Unit

OW–133, Seattle, Washington 98101–

3188, postmarked no later than January

31st for the preceding calendar year. If

there is no wastewater discharge, the

Permittee shall mark the DMR

appropriately and submit the form as

required above. If there is no discharge

from an outfall for several consecutive

months, these months may be combined

on one DMR form (see Attachment B for

an example). Reports shall also be

submitted to ADEC, Watershed

Development Group—Industrial

Permits, 555 Cordova Street, Anchorage,

AK 99501.

C. Monitoring Procedures

Monitoring must be conducted

according to test procedures approved

under 40 CFR part 136, unless other test

procedures have been specified in this

permit.

D. Additional Monitoring by the

Permittee

If the Permittee monitors any

pollutant more frequently than required

by this permit, using test procedures

approved under 40 CFR part 136 or as

specified in this permit, the results of

this monitoring shall be included in the

calculation and reporting of the data

submitted in the DMR. Such increased

frequency shall also be indicated.

E. Records Contents

Records of monitoring information

shall include:

1. The date, exact place, and time of

sampling or measurements;

2. The individual(s) who performed

the sampling or measurements;

3. The date(s) analyses were

performed;

4. The individual(s) who performed

the analyses;

5. The analytical techniques or

methods used; and

6. The results of such analyses.

F. Retention of Records

The Permittee shall retain records of

all monitoring information, including

all calibration and maintenance records

and all original strip chart recordings for

continuous monitoring instrumentation,

copies of all reports required by this

permit, and records of all data used to

complete the application for this permit,

for a period of at least three years from

the date of the sample, measurement,

report or application. This period may

be extended by request of the Regional

Administrator or ADEC at any time.

Data collected on-site, copies of

Discharge Monitoring Reports, and a

copy of this NPDES permit must be

maintained on-site for the duration of

activity at the permitted location.

G. Notice of Noncompliance Reporting

1. Any noncompliance which may

endanger health or the environment

shall be reported as soon as the

Permittee becomes aware of the

circumstance. A written submission

shall also be provided in the shortest

reasonable period of time after the

Permittee becomes aware of the

occurrence.

2. The following occurrences of

noncompliance shall also be reported in

writing in the shortest reasonable period

of time after the Permittee becomes

aware of the circumstances:

a. Any unanticipated bypass which

exceeds any effluent limitation in the

permit (See Permit Part IV.G., Bypass of

Treatment Facilities.); or
11190 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices

b. Any upset which exceeds any

effluent limitation in the permit (See

Permit Part IV.H., Upset Conditions.).

3. The written submission shall

contain:

a. A description of the noncompliance

and its cause;

b. The period of noncompliance,

including exact dates and times;

c. The estimated time noncompliance

is expected to continue if it has not been

corrected; and

d. Steps taken or planned to reduce,

eliminate, and prevent recurrence of the

noncompliance.

4. The Regional Administrator may

waive the written report on a case-bycase basis if an oral report has been

received within 24 hours by the NPDES

Compliance Unit in Seattle,

Washington, by phone, (206) 553–1846.

5. Reports shall be submitted to the

addresses in Permit Part III.B.,

REPORTING OF MONITORING RESULTS.

H. Other Noncompliance Reporting

Instances of noncompliance not

required to be reported in Permit Part

III.G. above shall be reported at the time

that monitoring reports for Permit Part

II.A. are submitted. The reports shall

contain the information listed in Permit

Part III.G.3.

I. Inspection and Entry

The Permittee shall allow the

Regional Administrator, ADEC, or an

authorized representative (including an

authorized contractor acting as a

representative of the Administrator),

upon the presentation of credentials and

other documents as may be required by

law, to:

1. Enter upon the Permittee’s

premises where a regulated facility or

activity is located or conducted, or

where records must be kept under the

conditions of this permit;

2. Have access to and copy, at

reasonable times, any records that must

be kept under the conditions of this

permit;

3. At reasonable times, inspect any

facilities, equipment (including

monitoring and control equipment),

practices, or operations regulated or

required under this permit; and

4. Sample or monitor at reasonable

times, for the purpose of assuring permit

compliance or as otherwise authorized

by the Act, any substances or

parameters at any location.

III. Compliance Responsibilities

A. Duty to Comply

The Permittee must comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the Act and is grounds for

enforcement action; for permit

termination, revocation and reissuance,

or modification; or for denial of a permit

renewal application. The Permittee shall

give advance notice to the Regional

Administrator and ADEC of any

planned changes in the permitted

facility or activity which may result in

noncompliance with permit

requirements.

B. Penalties for Violations of Permit

Conditions

1. Civil and Administrative Penalties

Sections 309(d) and 309(g) of the Act

provides that any person who violates a

permit condition implementing sections

301, 302, 306, 307, 308, 318, or 405 of

the Act shall be subject to a civil

penalty, not to exceed $25,000 per day

for each violation.

2. Criminal Penalties

a. Negligent Violations. The Act

provides that any person who

negligently violates a permit condition

implementing sections 301, 302, 306,

307, 308, 318, or 405 of the Act shall be

punished by a fine of not less than

$2,500 nor more than $25,000 per day

of violation, or by imprisonment for not

more than one year, or by both.

b. Knowing Violations. The Act

provides that any person who

knowingly violates a permit condition

implementing sections 301, 302, 306,

307, 308, 318, or 405 of the Act shall be

punished by a fine of not less than

$5,000 nor more than $50,000 per day

of violation, or by imprisonment for not

more than three years, or by both.

c. Knowing Endangerment. The Act

provides that any person who

knowingly violates a permit condition

implementing sections 301, 302, 306,

307, 308, 318, or 405 of the Act, and

who knows at that time that he thereby

places another person in imminent

danger of death or serious bodily injury,

shall, upon conviction, be subject to a

fine of not more than $250,000 or

imprisonment of not more than 15

years, or both. A person that is an

organization shall, upon conviction of

violating this subparagraph, be subject

to a fine of not more than $1,000,000.

d. False Statements. The Act provides

that any person who knowingly makes

any false material statement,

representation, or certification in any

application, record, report, plan, or

other document filed or required to be

maintained under this Act or who

knowingly falsifies, tampers with, or

renders inaccurate any monitoring

device or method required to be

maintained under this Act, shall upon

conviction, be punished by a fine of not

more that $10,000, or by imprisonment

for not more than 2 years, or by both.

Except as provided in permit

conditions in Permit Part IV.G., BYPASS

OF TREATMENT FACILITIES and Permit Part

IV.H., UPSET CONDITIONS, nothing in this

permit shall be construed to relieve the

Permittee of the civil or criminal

penalties for noncompliance.

C. Need to Halt or Reduce Activity Not

a Defense

It shall not be a defense for a

Permittee in an enforcement action that

it would have been necessary to halt or

reduce the permitted activity in order to

maintain compliance with the

conditions of this permit.

D. Duty to Mitigate

The Permittee shall take all

reasonable steps to minimize or prevent

any discharge in violation of this permit

which has a reasonable likelihood of

adversely affecting human health or the

environment.

E. Proper Operation and Maintenance

The Permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed or used by the

Permittee to achieve compliance with

the conditions of this permit. Proper

operation and maintenance also

includes adequate laboratory controls

and appropriate quality assurance

procedures. This provision requires the

operation of back up or auxiliary

facilities or similar systems which are

installed by a Permittee only when the

operation is necessary to achieve

compliance with the conditions of the

permit.

F. Removed Substances

Solids, sludges, or other pollutants

removed in the course of treatment or

control of wastewaters shall be disposed

of in a manner so as to prevent any

pollutant from such materials from

entering navigable waters.

G. Bypass of Treatment Facilities

1. Bypass Not Exceeding Limitations

The Permittee may allow any bypass

to occur which does not cause effluent

limitations to be exceeded, but only if

it also is for essential maintenance to

assure efficient operation. These

bypasses are not subject to the

provisions of paragraphs 2 and 3 of this

section.

2. Notice

a. Anticipated bypass. If the

Permittee knows in advance of the need
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices 11191

for a bypass, it shall submit prior notice,

if possible at least 10 days before the

date of the bypass.

b. Unanticipated bypass. The

Permittee shall submit notice of an

unanticipated bypass as required under

Permit Part III.G., NOTICE OF

NONCOMPLIANCE REPORTING.

3. Prohibition of Bypass

a. Bypass is prohibited and the

Regional Administrator or ADEC may

take enforcement action against a

Permittee for a bypass, unless:

(1) The bypass was unavoidable to

prevent loss of life, personal injury, or

severe property damage;

(2) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back up equipment

should have been installed in the

exercise of reasonable engineering

judgment to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and

(3) The Permittee submitted notices as

required under paragraph 2 of this

section.

b. The Regional Administrator and

ADEC may approve an anticipated

bypass, after considering its adverse

effects, if the Regional Administrator

and ADEC determine that it will meet

the three conditions listed above in

paragraph 3.a. of this section.

H. Upset Conditions

Effect of an Upset

An upset constitutes an affirmative

defense to an action brought for

noncompliance with such technologybased permit effluent limitations if the

requirements of paragraph 2 of this

section are met. No determination made

during administrative review of claims

that noncompliance was caused by

upset, and before an action for

noncompliance, is final administrative

action subject to judicial review.

2. Conditions Necessary for a

Demonstration of Upset

A Permittee who wishes to establish

the affirmative defense of upset shall

demonstrate, through properly signed,

contemporaneous operating logs, or

other relevant evidence that:

a. An upset occurred and that the

Permittee can identify the cause(s) of

the upset;

b. The permitted facility was being

properly operated at the time;

c. The Permittee submitted notice of

the upset as required under Permit Part

III.G., NOTICE OF NONCOMPLIANCE

REPORTING; AND

d. The Permittee complied with any

remedial measures required under

Permit Part III.D., DUTY TO MITIGATE.

3. Burden of Proof

In any enforcement proceeding, the

Permittee seeking to establish the

occurrence of an upset has the burden

of proof.

I. Toxic Pollutants

The Permittee shall comply with

effluent standards or prohibitions

established under Section 307(a) of the

Act for toxic pollutants within the time

provided in the regulations that

establish those standards or

prohibitions, even if the permit has not

yet been modified to incorporate the

requirement.

IV. General Requirements

A. Changes in Discharge of Toxic

Substances

Notification shall be provided to the

Regional Administrator and ADEC as

soon as the Permittee knows of, or has

reason to believe:

1. That any activity has occurred or

will occur which would result in the

discharge, on a routine or frequent basis,

of any toxic pollutant which is not

limited in the permit, if that discharge

will exceed the highest of the following

‘‘notification levels’’:

a. One hundred micrograms per liter

(100 μg/l);

b. Two hundred micrograms per liter

(200 μg/l) for acrolein and acrylonitrile;

five hundred micrograms per liter (500

μg/l) for 2,4-dinitrophenol and for 2-

methyl-4, 6-dinitrophenol; and one

milligram per liter (1 mg/l) for

antimony;

c. Five (5) times the maximum

concentration value reported for that

pollutant in the permit application in

accordance with 40 CFR 122.21(g)(7); or

d. The level established by the

Regional Administrator in accordance

with 40 CFR 122.44(f).

2. That any activity has occurred or

will occur which would result in any

discharge, on a non-routine or

infrequent basis, of a toxic pollutant

which is not limited in the permit, if

that discharge will exceed the highest of

the following ‘‘notification levels’’:

a. Five hundred micrograms per liter

(500 μg/l);

b. One milligram per liter (1 mg/l) for

antimony;

c. Ten (10) times the maximum

concentration value reported for that

pollutant in the permit application in

accordance with 40 CFR 122.21(g)(7); or

d. The level established by the

Regional Administrator in accordance

with 40 CFR 122.44 (f).

B. Planned Changes

The Permittee shall give notice to the

Regional Administrator and ADEC as

soon as possible of any planned

physical alterations or additions to the

permitted facility. Notice is required

only when:

1. The alteration or addition to a

permitted facility may meet one of the

criteria for determining whether a

facility is a new source as determined in

40 CFR 122.29(b); or

2. The alteration or addition could

significantly change the nature or

increase the quantity of pollutants

discharged. This notification applies to

pollutants which are subject neither to

effluent limitations in the permit, nor to

notification requirements under Permit

Part V.A.1.

C. Anticipated Noncompliance

The Permittee shall also give advance

notice to the Regional Administrator

and ADEC of any planned changes in

the permitted facility or activity which

may result in noncompliance with

permit requirements.

D. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the Permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance, does not

stay any permit condition.

E. Duty to Reapply

If the Permittee wishes to continue an

activity regulated by this permit after

the expiration date of this permit, the

Permittee must apply for and obtain a

new permit. The application should be

submitted at least 180 days before the

expiration date of this permit.

F. Duty to Provide Information

The Permittee shall furnish to the

Regional Administrator and ADEC,

within a reasonable time, any

information which the Regional

Administrator or ADEC may request to

determine whether cause exists for

modifying, revoking and reissuing, or

terminating this permit, or to determine

compliance with this permit. The

Permittee shall also furnish to the

Regional Administrator or ADEC, upon

request, copies of records required to be

kept by this permit.

G. Other Information

When the Permittee becomes aware

that it failed to submit any relevant facts
11192 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices

in a permit application, or submitted

incorrect information in a permit

application or any report to the Regional

Administrator or ADEC, it shall

promptly submit such facts or

information.

H. Signatory Requirements

All applications, reports or

information submitted to the Regional

Administrator and ADEC shall be signed

and certified.

1. All permit applications shall be

signed as follows:

a. For a corporation: by a responsible

corporate officer.

b. For a partnership or sole

proprietorship: By a general partner or

the proprietor, respectively.

c. For a municipality, state, federal,

or other public agency: by either a

principal executive officer or ranking

elected official.

2. All reports required by the permit

and other information requested by the

Regional Administrator or ADEC shall

be signed by a person described above

or by a duly authorized representative of

that person. A person is a duly

authorized representative only if:

a. The authorization is made in

writing by a person described above and

submitted to the Regional Administrator

and ADEC, and

b. The authorization specified either

an individual or a position having

responsibility for the overall operation

of the regulated facility or activity, such

as the position of plant manager,

operator of a well or a well field,

superintendent, position of equivalent

responsibility, or an individual or

position having overall responsibility

for environmental matters for the

company. (A duly authorized

representative may thus be either a

named individual or any individual

occupying a named position.)

3. Changes to authorization. If an

authorization under paragraph IV.H.2. is

no longer accurate because a different

individual or position has responsibility

for the overall operation of the facility,

a new authorization satisfying the

requirements of paragraph IV.H.2. must

be submitted to the Regional

Administrator and ADEC prior to or

together with any reports, information,

or applications to be signed by an

authorized representative.

4. Certification. Any person signing a

document under this section shall make

the following certification: ‘‘I certify

under penalty of law that this document

and all attachments were prepared

under my direction or supervision in

accordance with a system designed to

assure that qualified personnel properly

gather and evaluate the information

submitted. Based on my inquiry of the

person or persons who manage the

system, or those persons directly

responsible for gathering the

information, the information submitted

is, to the best of my knowledge and

belief, true, accurate, and complete. I am

aware that there are significant penalties

for submitting false information,

including the possibility of fine and

imprisonment for knowing violations.’’

I. Availability of Reports

Except for data determined to be

confidential under 40 CFR part 2, all

reports prepared in accordance with the

terms of this permit shall be available

for public inspection at the offices of the

Regional Administrator and ADEC. As

required by the Act, permit

applications, permits and effluent data

shall not be considered confidential.

J. Oil and Hazardous Substance Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the Permittee

from any responsibilities, liabilities, or

penalties to which the Permittee is or

may be subject under section 311 of the

Act.

K. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

or any exclusive privileges, nor does it

authorize any injury to private property

or any invasion of personal rights, nor

any infringement of federal, state or

local laws or regulations.

L. Severability

The provisions of this permit are

severable, and if any provision of this

permit, or the application of any

provision of this permit to any

circumstance, is held invalid, the

application of such provision to other

circumstances, and the remainder of

this permit, shall not be affected

thereby.

M. Transfers

This permit may be automatically

transferred to a new Permittee if:

1. The current Permittee notifies the

Regional Administrator at least 30 days

in advance of the proposed transfer

date;

2. The notice includes a written

agreement between the existing and new

Permittees containing a specific date for

transfer of permit responsibility,

coverage, and liability between them;

and

3. The Regional Administrator does

not notify the existing Permittee and the

proposed new Permittee of his or her

intent to modify, or revoke and reissue

the permit. If this notice is not received,

the transfer is effective on the date

specified in the agreement mentioned in

paragraph 2 above.

N. State Laws

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the Permittee

from any responsibilities, liabilities, or

penalties established pursuant to any

applicable state law or regulation under

authority preserved by section 510 of

the Act.

O. Paperwork Reduction Act

EPA has reviewed the requirements

imposed on regulated facilities in this

final general permit under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq. The information

collection requirements of this permit

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. No comments from

OMB or the public were received on the

information collection requirements in

this permit.

V. Definitions

A. ADEC means the Alaska

Department of Environmental

Conservation.

B. Average Monthly discharge

limitation means the highest allowable

average of ‘‘daily discharges’’ over a

calendar month, calculated as the sum

of all ‘‘daily discharges’’ measured

during a calendar month divided by the

number of ‘‘daily discharges’’ measured

during that month.

C. Average weekly discharge

limitation means the highest allowable

average of a minimum of seven

consecutive days of samples.

D. BOD5 means Biochemical Oxygen

Demand.

E. Bypass means the intentional

diversion of waste streams from any

portion of a treatment facility.

F. Coastal means any location in or on

a water of the United States landward of

the inner boundary of the territorial

seas.

G. Daily discharge means the

discharge of a pollutant measured

during a calendar day or any 24-hour

period that reasonably represents the

calendar day for purposes of sampling.

For pollutants with limitations

expressed in units of mass, the ‘‘daily

discharge’’ is calculated as the total

mass of the pollutant discharged over

the day. For pollutants with limitations

expressed in other units of

measurement, the ‘‘daily discharge’’ is
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Notices 11193

calculated as the average measurement

of the pollutant over the day.

H. Domestic Wastewater means

materials discharged from showers,

sinks, safety showers, eye-wash stations,

hand-wash stations, fish-cleaning

stations, galleys and laundries.

I. EPA means the Environmental

Protection Agency.

J. GPD means Gallons per day.

K. A Grab sample is a single sample

or measurement taken at a specific time

or over as short a period of time as is

feasible.

L. Maximum daily discharge

limitation means the highest allowable

‘‘daily discharge.’’

M. mg/L means milligram per liter.

N. ml/L means milliliter per liter.

O. Natural condition means any

physical, chemical, biological, or

radiological condition existing in a

waterbody before any human-caused

influence on, discharge to, or addition

of material to, the waterbody.

P. The Plan means the Best

Management Practices Plan.

Q. Salmonid fish means fish in the

family Salmonidae including but not

limited to salmon, grayling, whitefish,

char, trout, ciscoe, and inconnu.

R. Sanitary wastewater means human

body waste discharge from toilets and

urinals.

S. Severe property damage means

substantial physical damage to property,

damage to the treatment facilities which

causes them to become inoperable, or

substantial and permanent loss of

natural resources which can reasonably

be expected to occur in the absence of

a bypass. Severe property damage does

not mean economic loss caused by

delays in production.

T. SS means settleable solids.

U. Territorial seas means the belt of

the seas measured from the line of

ordinary low water along that portion of

the coast which is in direct contact with

the open sea and the line marking the

seaward limit of inland waters, and

extending seaward a distance of three

miles.

V. TSS means Total Suspended

Solids.

W. μg/L means microgram per liter.

X. Upset means an exception incident

in which there is unintentional and

temporary noncompliance with

technology-based permit effluent

limitations because of factors beyond

the reasonable control of the permittee.

An upset does not include

noncompliance to the extent caused by

operational error, improperly designed

treatment facilities, inadequate

treatment facilities, lack of preventive

maintenance, or careless or improper

operation.

Attachment A

Company Name, Address, Phone

Number

Facility Name, Location

Type of Facility, Is it a new source?

Type of wastewater

Receiving Water

Expected daily volume

Signature of responsible on-site official

Date

ATTACHMENTS B and C are available

upon request.

[FR Doc. 97–6020 Filed 3–10–97; 8:45 am]

BILLING CODE 6560–50–P

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Agency Information Collection

Activities; Submission for OMB

Review; Comment Request

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Notice of Extension Request—

No change.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995,

agencies are required to submit

proposed information collection

requests to OMB for review and

approval, and to publish a notice in the

Federal Register notifying the public

that the agency has made such a

submission. The Commission

announces that it has submitted to the

Office of Management and Budget

(OMB) a request for an extension of the

existing collection requirements under

29 CFR Part 1602 et seq., Recordkeeping

and Reporting Requirements under Title

VII and the ADA. The Commission has

requested an extension of an existing

collection as listed below.

DATES: Written comments on this notice

must be submitted on or before April 10,

1997.

ADDRESS: The Request for Clearance (SF

83–I), supporting statement, and other

documents submitted to OMB for

review may be obtained from: Margaret

Ulmer Holmes, EEOC Clearance Officer,

1801 L Street, N.W., Washington, D.C.

20507. Send comments regarding any

aspect of the information collection to

Frances M. Hart, Executive Officer,

Executive Secretariat, Equal

Employment Opportunity Commission,

10th Floor, 1801 L Street, N.W.,

Washington, D.C. 20507 and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

EEOC, 725 17th Street, N.W.,

Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Nicholas M. Inzeo, Deputy Legal

Counsel, Thomas J. Schlageter, Assistant

Legal Counsel or Stephanie D. Garner,

Senior Attorney, at (202) 663–4670 or

TDD (202) 663–7026. This notice is also

available in the following formats: large

print, braille, audio tape and electronic

file on computer disk. Requests for this

notice in an alternative format should be

made to the Publications Center at 1–

800–669–3362.

SUPPLEMENTARY INFORMATION:

Type of Review: Extension—No

change.

Collection Title: Recordkeeping and

Reporting under Title VII and the ADA..

Form No.: None.

Frequency of Report: Other.

Type of Respondent: Employers with

15 or more employees are subject to

Title VII and the ADA.

Description of Affected Public:

Responses: 627,000.

Reporting Hours: None.

Federal Cost: None.

Number of Forms: None.

Abstract: The Equal Employment

Opportunity Commission (EEOC)

enforces Title I of the Americans with

Disabilities ACt (ADA) which prohibits

discrimination against qualified

individuals with disabilities and Title

VII of the Civil Rights Act of 1964, as

amended, which prohibits

discrimination against individuals on

the basis of race, sex, religion or

national origin. Section 107(a) of the

ADA, 42 U.S.C. 12117 and section 709

of Title VII, 42 U.S.C. 2000e authorize

the EEOC to issue recordkeeping and

reporting regulations that are deemed

reasonable, necessary or appropriate to

the enforcement of the Acts. The

Commission’s recordkeeping

requirements appear at 29 CFR 1602.

They require employers who are subject

to those Acts shall to and preserve

certain records to assist the EEOC in

assuring compliance with the Acts’

nondiscrimination requirements in

employment.

This is a recordkeeping requirement.

Any of the records maintained which

are subsequently disclosed to the EEOC

during an investigation are protected

from public disclosure by the

confidentiality provisions of section

706(b) and 709(e) of Title VII which are

incorporated by reference into the ADA

at section 107(a).

All employers subject to Title VII are

subject to the ADA, and the same EEOC

records retention requirements are

applicable to both.

Burden Statement: The EEOC

estimates that the number of

respondents is approximately 627,000

employers. As the recordkeeping

requirement does not require reports or