Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 / Notices 23285

lead-based paint, lead-contaminated

dust, and lead-contaminated soils.

III. Federal Overfiling

TSCA section 404(b) makes it

unlawful for any person to violate, or

fail, or refuse to comply with any

requirement of an approved State or

Tribal program. Therefore, EPA reserves

the right to exercise its enforcement

authority under TSCA against a

violation of, or a failure, or refusal to

comply with any requirement of an

authorized State or Tribal program.

IV. Public Record and Electronic

Submissions

The official record for this action, as

well as the public version, has been

established under docket control

number ‘‘PB–402404–LA.’’ Copies of

this notice, the State of Louisiana’s

authorization application, and all

comments received on the application

are available for inspection in the

Region 6 office, from 7:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The docket is located at EPA

Region 6 Library, Environmental

Protection Agency, 1445 Ross Ave.,

Suite 1200, Dallas, TX.

Electronic comments can be sent

directly to EPA at:

robinson.jeffrey@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on disks in

WordPerfect in 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number ‘‘PB–

402404–LA.’’ Electronic comments on

this document may be filed online at

many Federal Depository Libraries.

Authority: 15 U.S.C. 2682, 2684.

List of Subjects

Environmental protection, Hazardous

substances, Lead, Reporting and

recordkeeping requirements.

Dated: April 17, 1998.

Robert E. Hanneschlager,

Acting Division Director, Multimedia

Planning and Permitting, Region VI.

[FR Doc. 98–11270 Filed 4–27–98; 8:45 a.m.]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6004–6]

Notice of Proposed Revisions to

Approved Programs To Administer the

National Pollutant Discharge

Elimination System Permitting

Program in Illinois and Minnesota

Resulting in Part From Adoption of the

Water Quality Guidance for the Great

Lakes System

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Environmental Protection Agency

(EPA) has received for review and

approval revisions to the National

Pollutant Discharge Elimination System

(NPDES) programs in Illinois and

Minnesota. Most of the proposed

revisions were adopted to comply with

section 118(c) of the Clean Water Act

and 40 CFR 132.4, although in some

cases, the State has also proposed

revisions that are not related to those

required by section 118(c) of the CWA

and 40 CFR 132.4. EPA invites public

comment on whether EPA should

approve these revisions pursuant to 40

CFR 123.62 and 132.5.

DATES: Comments on whether EPA

should approve the revisions to Illinois’

and Minnesota’s NPDES programs must

be received in writing by May 28, 1998.

ADDRESSES: Written comments on these

documents may be submitted to Jo Lynn

Traub, Director, Water Division, Attn:

GLI Implementation Procedures, U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604–3590. In the alternative,

EPA will accept comments

electronically. Comments should be sent

to the following Internet E-mail address:

karnauskas.joan@epamail.epa.gov.

Electronic comments must be submitted

in an ASCII file avoiding the use of

special characters and any form of

encryption. EPA will print electronic

comments in hard-copy paper form for

the official administrative record. EPA

will attempt to clarify electronic

comments if there is an apparent error

in transmission. Comments provided

electronically will be considered timely

if they are submitted electronically by

11:59 p.m. (Central Daylight Saving

time) May 28, 1998.

FOR FURTHER INFORMATION CONTACT:

Mery Jackson-Willis, Standards and

Applied Sciences Branch, Water

Division, U.S. Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604–

3590, or telephone her at (312) 886–

3717.

Copies of the rules adopted by the

States, and other related materials

submitted by the States in support of

these revisions, are available for review

at: EPA, Region 5, 77 West Jackson

Boulevard, 15th Floor, Chicago, Illinois;

Illinois Environmental Protection

Agency, Library, 1021 North Grand

Avenue East, Springfield, Illinois;

Minnesota Pollution Control Agency,

520 Lafayette Road North, St. Paul,

Minnesota. To access the docket

material in Chicago, call (312)886–3717

between 8 a.m. and 4:30 p.m. (Central

Daylight Saving Time) (Monday-Friday);

in Illinois, call (217) 782–9691; and in

Minnesota, call (612) 296–7398.

SUPPLEMENTARY INFORMATION: On March

23, 1995, EPA published the Final

Water Quality Guidance for the Great

Lakes System (Guidance) pursuant to

section 118(c)(2) of the Clean Water Act,

33 U.S.C. 1268(c)(2). (March 23, 1995,

60 FR 15366). The Guidance, which was

codified at 40 CFR Part 132, requires the

Great Lakes States to adopt and submit

to EPA for approval, water quality

criteria, methodologies, policies and

procedures that are consistent with the

Guidance. 40 CFR 132.4 & 132.5. EPA is

required to approve of the State’s

submission within 90 days or notify the

State that EPA has determined that all

or part of the submission is inconsistent

with the Clean Water Act or the

Guidance and identify any necessary

changes to obtain EPA approval. If the

State fails to make the necessary

changes within 90 days, EPA must

publish a notice in the Federal Register

identifying the approved and

disapproved elements of the submission

and a final rule identifying the

provisions of Part 132 that shall apply

for discharges within the State.

On February 13 and 20, 1998, EPA

Region 5 received submissions from

Minnesota and Illinois, respectively.

The bulk of these submissions consist of

new, revised or existing water quality

standards which EPA is reviewing for

consistency with the Guidance in

accordance with 40 CFR 131 and 132.5.

EPA is not soliciting comment on those

portions of these submissions relating to

the water quality criteria and

methodologies, use designations or

antidegradation. EPA also is not

soliciting comment on the Guidance

itself.

Instead, EPA is only requesting

comment on whether it should approve,

pursuant to 40 CFR 123.62, and

132.5(g), those portions of these

submissions that revise the States’

approved National Pollutant Discharge
23286 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 / Notices

Elimination System (NPDES) permitting

program. In most cases these revisions

relate to the following provisions of 40

CFR part 132, Appendix F: Procedure 3

(‘‘Total Maximum Daily Loads,

Wasteload Allocations for Point

Sources, Load Allocations for Nonpoint

Sources, Wasteload Allocations in the

Absence of a TMDL, and Preliminary

Wasteload Allocations for Purposes of

Determining the Need for Water Quality

Based Effluent Limits’’); Procedure 4

(‘‘Additivity’’); Procedure 5

(‘‘Reasonable Potential’’); Procedure 6

(Whole Effluent Toxicity’’); Procedure 7

(‘‘Loading Limits’’); Procedure 8:

(‘‘Water Quality-based Effluent

Limitations Below the Quantification

Level); Procedure 9 (‘‘Compliance

Schedules’’). EPA is not soliciting

comment on the States’ adoption of

requirements pertaining to

Implementation Procedures 1 (‘‘Site

Specific Modifications’’) or 2

(‘‘Variances’’) because those

requirements constitute parts of the

States’ water quality standards, not its

NPDES program.

Under 40 CFR 123.62(b)(2) and

132.5(e), whenever EPA determines that

a proposed revision to a State NPDES

program is substantial, EPA must

provide notice and allow public

comment on the proposed revisions.

The extent to which the States have

modified their NPDES programs to be

consistent with the Guidance varies

significantly, depending on the extent to

which their existing programs already

were ‘‘as protective as’’ the

implementation procedures in the

Guidance. EPA has not conducted a

State-by-State review of the submissions

to ascertain for each State individually

whether their changes constitute

substantial program modifications.

However, in light of the fact that the

States have modified these programs in

response to the explicit statutory

mandate contained in section 118(c) of

the Clean Water Act, EPA believes that

it is appropriate to consider the NPDES

component of the States’ submissions to

be substantial program modifications,

and therefore has decided to solicit

public comment regarding those

provisions.

Interested persons may request a

public hearing regarding whether EPA

should approve, pursuant to 40 CFR

123.62, and 132.5(g), those portions of

the States’ submissions that revise the

States’ approved NPDES permitting

program. EPA will determine, based

upon requests received, if there is

significant interest to warrant a public

hearing.

Based on General Counsel Opinion

78–7 (April 18, 1978), EPA has long

considered a determination to approve

or deny a State NPDES program

submission to constitute an adjudication

because an ‘‘approval’’, within the

meaning of the APA, constitutes a

‘‘license’’, which, in turn, is the product

of an ‘‘adjudication’’. For this reason,

the statutes and Executive Orders that

apply to rulemaking action are not

applicable here. Among these are

provisions of the Regulatory Flexibility

Act (RFA), 5 U.S.C. 601 et seq. Under

the RFA, whenever a Federal agency

proposes or promulgates a rule under

section 553 [of the Administrative

Procedures Act (APA)], after being

required by that section or any other law

to publish a general notice of proposed

rulemaking, the Agency must prepare a

regulatory flexibility analysis for the

rule, unless the Agency certifies that the

rule will not have a significant

economic impact on a substantial

number of small entities. If the Agency

does not certify the rule, the regulatory

flexibility analysis must describe and

assess the impact of a rule on small

entities affected by the rule.

Even if the NPDES program

modification were a rule subject to the

RFA, the Agency would certify that

approval of the State’s modified

program would not have a significant

economic impact on a substantial

number of small entities. EPA’s action

to approve an NPDES program

modification merely recognizes

revisions to the program which have

already been enacted as a matter of State

law; it would, therefore, impose no

additional obligations upon those

subject to the State’s program.

Accordingly, the Regional

Administrator would certify that this

program modification, even if a rule,

would not have a significant economic

impact on a substantial number of small

entities.

Dated: April 15, 1998.

Michelle D. Jordan,

Acting Regional Administrator, Region 5.

[FR Doc. 98–11258 Filed 4–27–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

[CC Docket No. 92–237; DA 98–782]

Conference Call Meeting of the North

American Numbering Council

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: On April 23, 1998, the

Commission released a public notice

announcing the May 8, 1998, conference

call meeting of the North American

Numbering Council (NANC). The

intended effect of this action is to make

the public aware of the NANC’s next

meeting and its agenda.

FOR FURTHER INFORMATION CONTACT:

Jeannie Grimes at (202) 418–2313. The

address is: Network Services Division,

Common Carrier Bureau, Federal

Communications Commission, 2000 M

Street, NW, Suite 235, Washington, DC

20554. The fax number is: (202) 418–

7314. The TTY number is: (202) 418–

0484.

SUPPLEMENTARY INFORMATION: Released

April 23, 1998.

The North American Numbering

Council (NANC), has scheduled a

meeting to be held by conference call on

May 8, 1998, from 1:00 p.m. until 3:30

p.m. EST. The conference bridge

number is 1–888–582–4100, PIN

3531542. Due to limited port space,

NANC members and Commission staff

will have first priority on the call.

Members of the public may join the call

as remaining port space permits.

This notice of the May 8, 1998, NANC

conference call meeting is being

published in the Federal Register less

than 15 calendar days prior to the

meeting due to NANC’s need to discuss

and finalize its recommendation and

report on Local Number Portability

Administration Wireless Wireline

Integration, before the next scheduled

meeting. This statement complies with

the General Services Administration

Management Regulations implementing

the Federal Advisory Committee Act.

See 41 CFR § 101–6.1015(b)(2).

This meeting is open to the members

of the general public. The FCC will

attempt to accommodate as many

participants as possible. Participation

on the conference call is limited. The

public may submit written statements to

the NANC, which must be received two

business days before the meeting. In

addition, oral statements at the meeting

by parties or entities not represented on

the NANC will be permitted to the

extent time permits. Such statements

will be limited to five minutes in length

by any one party or entity, and requests

to make an oral statement must be

received two business days before the

meeting. Requests to make an oral

statement or provide written comments

to the NANC should be sent to Jeannie

Grimes at the address under FOR

FURTHER INFORMATION CONTACT, stated

above.

Proposed Agenda

1. Local Number Portability

Administration Working Group Report

on Wireless Wireline Integration.