62358 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 

percent over the 2007 emissions 

inventory. In the maintenance plan, if 

contingency measures are triggered, the 

State of Tennessee and Metro Nashville/ 

Davidson County Pollution Control 

Division Office are committed to 

implement the measures as 

expeditiously as practicable, including 

adopting one or more contingency 

measures as expeditiously as practical 

and implementing the measures within 

twenty-four months of the triggering 

event. The contingency measures 

include: (1) Expansion of NOX and/or 

VOC control strategies in the Nashville 

Maintenance Area; (2) in conjunction 

with the State of Tennessee, 

implementation of mobile source 

transportation controls such as reduced 

speed limits for heavy duty diesel 

vehicles; (3) lowering major source 

thresholds; (4) expansion of the open 

burning ban in Davidson County to 

include homeowners in the area; (5) 

implementation of anti-idling 

legislation; and/or (6) any other control 

measure determined to be appropriate at 

the time a trigger is exceeded. 

These contingency measures and 

schedules for implementation satisfy 

EPA’s long-standing guidance on the 

requirements of section 110(a)(1) of 

continued attainment. Continued 

attainment of the 1997 8-hour ozone 

NAAQS in the Nashville Area will 

depend, in part, on the air quality 

measures discussed previously (see 

section II). In addition, the State of 

Tennessee and Metro Nashville/ 

Davidson County Pollution Control 

Division Office commit to verify the 

1997 8-hour ozone status in this 

maintenance plan through periodic 

ozone precursor emission inventory 

updates. Emission inventory updates 

will be completed by 18 months 

following the end of the inventory year 

to verify continued attainment of the 

1997 8-hour ozone NAAQS. 

III. Proposed Action 

Pursuant to section 110(a)(1) of the 

CAA, EPA is proposing to approve the 

maintenance plan addressing the 1997 

8-hour ozone standards in the Nashville 

Area, submitted by the State of 

Tennessee, through TDEC, on August 3, 

2010. The maintenance plan ensures 

continued attainment of the 1997 8-hour 

ozone NAAQS through the maintenance 

year 2018. EPA has evaluated 

Tennessee’s submittal and has 

preliminarily determined that it meets 

the applicable requirements of the CAA 

and EPA regulations, and is consistent 

with EPA policy. 

On March 12, 2008, EPA issued 

revised ozone NAAQS. On September 

16, 2009, EPA announced it would 

reconsider the 2008 NAAQS for ozone 

and proposed a new schedule for 

designations for the reconsidered 

NAAQS. The current action, however, is 

being taken to address requirements 

under the 1997 8-hour ozone standards. 

Requirements for the Nashville Area 

under the 2010 reconsidered ozone 

NAAQS will be addressed in the future. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 28, 2010. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2010–25448 Filed 10–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 122 

[FRL–9211–2] 

Stakeholder Input on Stormwater 

Rulemaking Related to the Chesapeake 

Bay; Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of meeting. 

SUMMARY: The purpose of this document 

is to announce EPA’s intent to hold 

several public ‘‘listening sessions’’ in 

October and November 2010 and to 

request input from the public on 

Chesapeake Bay-specific provisions of a 

new stormwater rulemaking. On 

December 28, 2009, EPA issued a 

Federal Register Notice announcing 

EPA’s initiation of a national 

rulemaking to establish a program to 

better protect waterbodies from the 

harmful effects of stormwater discharges 

from new development and 

redevelopment and make other 

regulatory improvements to strengthen 

its stormwater program. A range of 

public and private stakeholders 

provided input through both written 

comments and during a series of public 

listening sessions. 

EPA is now soliciting input 

specifically on potential provisions of 

this stormwater rulemaking with respect 

to the Chesapeake Bay watershed, with 

several public ‘‘listening sessions’’ to be 

held in October and November 2010, 

and an interactive Webcast scheduled 

for November 16, 2010. EPA seeks input 

on whether to consider, among other 

things, the following: Regulating 

additional stormwater discharges not 


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currently regulated that are causing or 

contributing to water quality 

impairments in the Bay watershed; 

requiring additional measures targeting 

pollutants including, but not limited to, 

nitrogen, phosphorus, and sediment in 

the Chesapeake Bay Watershed; 

requiring retrofits of stormwater 

controls for existing development; and 

applying specific performance standards 

to discharges from new and 

redevelopment within the watershed. 

EPA also seeks input on whether to 

consider specific evaluation, tracking, or 

reporting elements. EPA also welcomes 

any other information that may help 

EPA develop regulations to better 

control pollutants in stormwater from 

the built environment to meet water 

quality objectives in the Chesapeake Bay 

Watershed. 

As part of the listening sessions, EPA 

will also address environmental justice 

considerations and potential impacts 

and benefits that may arise as a 

consequence of the rulemaking. EPA 

invites the public to participate in these 

environmental justice discussions to 

provide feedback and share ideas 

related to stormwater management. 

DATES: Written comments and any 

supporting data must be submitted on or 

before December 7, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2009–0817, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: OW-Docket@epa.gov, 

Attention Docket ID No. EPA–HQ–OW– 

2009–0817. 

• Fax: 202–566–9744. 

• Mail: Water Docket, U.S. 

Environmental Protection Agency, Mail 

code: 4203M, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–OW–2009– 

0817. 

• Hand Delivery: Water Docket, EPA 

Docket Center, EPA West Building 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC, Attention Docket 

ID No. EPA–HQ–OW–2009–0817. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2009– 

0817. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this document, 

contact Rachel Herbert, EPA 

Headquarters, Office of Water, Office of 

Wastewater Management at tel.: 202– 

564–2649 or e-mail: 

herbert.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Public Listening Sessions and 

Webcast: EPA will hold several informal 

public listening sessions in October and 

November 2010 and a Webcast on 

November 3, 2010 to gather input on 

possible Chesapeake Bay provisions of 

the new stormwater rulemaking. The 

public listening sessions will provide a 

review of potential considerations to 

strengthen the stormwater program 

specifically for the Chesapeake Bay 

watershed. Following the review, brief 

oral comments (three minutes or less) 

will be accepted at the sessions, and 

written statements will be accepted. 

EPA is also holding a discussion of 

environmental justice considerations 

related to these potential Chesapeake 

Bay specific provisions. See the 

discussion below for additional 

information on date, time and location 

of the listening sessions and webcast. 

The specific location names and 

addresses will also be posted on the 

Internet at http://www.epa.gov/npdes/ 

stormwater/rulemaking no later than 

October 11, 2010. 

Listening Sessions 

• October 26, 2010, 2 p.m. to 5 p.m. 

for the listening session and 6:30 p.m. 

to 8:30 p.m. for the environmental 

justice discussion at Radisson Plaza 

Lord Baltimore 20 West Baltimore Street 

Baltimore, MD 21201. 

• October 28, 2010, 10 a.m. to 1 p.m. 

for the listening session and 2 p.m. to 

4 p.m. for the environmental justice 

discussion at Hyatt Regency Chesapeake 

Bay 100 Heron Blvd. Cambridge, MD 

21613. 

• November 4, 2010, Washington, DC, 

10 a.m. to 12 p.m. for environmental 

justice discussion and 1 p.m. to 4 p.m. 

for the listening session at 1201 

Constitution Avenue, NW., Washington, 

DC 20004. 

• November 9, 2010, 2 p.m. to 5 p.m. 

for the listening session and 6:30 p.m. 

to 8:30 p.m. for the environmental 

justice discussion at Omni Richmond 

Hotel 100 South 12th Street Richmond, 

VA 23219. 

• November 17, 2010, 2 p.m. to 5 p.m. 

for the listening session and 6:30 p.m. 

to 8:30 p.m. for the environmental 

justice discussion at Forum Building 5th 

& Walnut Harrisburg, PA. 

Webcast 

• November 16, 2010, 1 p.m. to 4 p.m. 

EST, Visit http://www.epa.gov/npdes/ 

stormwater/rulemaking to register to 

participate in the Webcast. 

I. General Information 

A. How can I get copies of this 

document and other related 

information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OW– 

2009–0817. The official public docket is 

the collection of materials that is 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. Although all documents in the 

docket are listed in an index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available in hard copy at the EPA 

Docket Center Public Reading Room, 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Water 

Docket is (202) 566–2426. 

2. Electronic Access. You may access 

this Federal Register document 


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electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr/. Electronic 

versions of this notice and other 

stormwater documents are available at 

EPA’s stormwater Web site http:// 

www.epa.gov/npdes/stormwater/ 

rulemaking. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’ then 

key in the appropriate docket 

identification number. Certain types of 

information will not be placed in the 

EPA Dockets. Information claimed as 

CBI and other information whose 

disclosure is restricted by statute, which 

is not included in the official public 

docket, will not be available for public 

viewing in EPA’s electronic public 

docket. EPA policy is that copyrighted 

material will not be placed in EPA’s 

electronic public docket but will be 

available only in printed, paper form in 

the official public docket. Although not 

all docket materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the docket facility 

identified in Section I.A.1. 

3. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

all of the information that you claim to 

be CBI. For CBI information on 

computer discs mailed to EPA, mark the 

surface of the disc as CBI. Also identify 

electronically the specific information 

contained in the disc or that you claim 

is CBI. In addition to one complete 

version of the specific information 

claimed as CBI, you must submit a copy 

that does not contain the information 

claimed as CBI for inclusion in the 

public document. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. It is important to note 

that EPA’s policy is that public input, 

whether submitted electronically or in 

paper, will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the input 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies any input containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the document that is placed 

in EPA’s electronic public docket. The 

entire printed submittal, including the 

copyrighted material, will be available 

in the public docket. Documents 

submitted on computer disks that are 

mailed or delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Input that is mailed or delivered 

to the Docket will be scanned and 

placed in EPA’s electronic public 

docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

B. How and to whom do I submit input? 

You may submit input electronically, 

by mail, through hand delivery/courier, 

or in person by attending one of the five 

listening sessions. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

input. Please ensure that your input is 

submitted within the specified comment 

period. 

1. Electronically. If you submit 

electronic input as prescribed below, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment. Also include 

this contact information on the outside 

of any disk or CD–ROM you submit, and 

in any cover letter accompanying the 

disk or CD–ROM. This ensures that you 

can be identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your submittal 

due to technical difficulties or needs 

further information on the substance of 

your input. EPA’s policy is that EPA 

will not edit your input, and any 

identifying or contact information 

provided in the body of the text will be 

included as part of the input that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. If EPA cannot read your 

submittal due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

input. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to provide 

input to EPA electronically is EPA’s 

preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket, and 

follow the online instructions for 

submitting input. Once in the system, 

select ‘‘search,’’ and then key in Docket 

ID No. EPA–HQ–OW–2009–0817. The 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it. 

ii. E-mail. Input may be sent by 

electronic mail (e-mail) to 

owdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OW–2009–0817. In 

contrast to EPA’s electronic public 

docket, EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you send 

an e-mail directly to the Docket without 

going through EPA’s electronic public 

docket, EPA’s e-mail system 

automatically captures your e-mail 

address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

submittal that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD–ROM. You may submit 

input on a disk or CD–ROM that you 

mail to the mailing address identified in 

this section. These electronic 

submissions will be accepted in 

Microsoft Word or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 

2. By Mail. Send the original and three 

copies of your input to: Water Docket, 

Environmental Protection Agency, Mail 

code: 4101T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OW–2009– 

0817. 

3. By Hand Delivery or Courier. 

Deliver your input to: Public Reading 

Room, Room B102, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC 20004, Attention 

Docket ID No. EPA–HQ–OW–2009– 

0817. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation (8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays). 

II. Background Statutory and 

Regulatory Overview 

Under section 402(p) of the Clean 

Water Act, the Environmental 

Protection Agency regulates stormwater 

discharges from municipal separate 

storm sewer systems (publicly owned 

conveyances or systems of conveyances 

that discharge to waters of the U.S. and 

are designed or used for collecting or 

conveying stormwater, are not 

combined sewers, and are not part of a 

publicly owned treatment works), 

stormwater discharges associated with 

industrial activity, and stormwater 

discharges from construction sites of 

one acre or larger. See 40 CFR 122.26(a). 

Under EPA’s regulations, these 

stormwater discharges are required to be 

covered by National Pollutant Discharge 

Elimination System (NPDES) permits. 

EPA developed the stormwater 

regulations under section 402(p) in two 


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phases, as directed by the statute. In the 

first phase, under section 402(p)(4), EPA 

promulgated regulations establishing 

application requirements for NPDES 

permits for stormwater discharges from 

medium and large municipal separate 

storm sewer systems (MS4s) (serving 

populations of 100,000 or more) and 

stormwater discharges associated with 

industrial activity. 

EPA published the final Phase I rule 

on November 16, 1990 (55 FR 47990). 

See 40 CFR 122.26. The Phase I rule, 

among other things, defined 

‘‘stormwater discharges associated with 

industrial activity’’ to include 

construction sites of five acres or larger. 

40 CFR 122.26(b)(14)(x). 

In the second phase, under section 

402(p)(5) and (6), EPA was required to 

conduct a study to identify other 

stormwater discharges that needed 

further controls to protect water quality, 

report to Congress on the results of the 

study, and to designate for regulation 

additional categories of stormwater 

discharges not regulated in Phase I. EPA 

promulgated the Phase II rule on 

December 8, 1999, designating small 

MS4s in Census Bureau-defined 

urbanized areas and small construction 

sites (1–5 acres) and requiring NPDES 

permits for these discharges. 64 FR 

68722. 

With respect to MS4s, the Phase I 

regulations are primarily application 

requirements that identify components 

that must be addressed in permit 

applications from large and medium 

MS4s. The regulations require these 

MS4s to develop a stormwater 

management program (SWMP), track 

and oversee industrial facilities 

regulated under the NPDES stormwater 

program, conduct monitoring, and 

submit periodic reports. Under the 

Phase II rule, regulated small MS4s are 

generally defined as any MS4 that is not 

already covered by the Phase I program 

and that are located within the 

urbanized area boundary as determined 

by the U.S. Decennial Census. Separate 

storm sewer systems such as those 

serving military bases, universities, 

large hospital or prison complexes, and 

highways are also included in the 

definition of ‘‘small MS4.’’ 40 CFR 

122.26(b)(16). In addition, a small MS4 

located outside of an urbanized area 

may be designated as a regulated small 

MS4 if the NPDES permitting authority 

determines that its discharges cause, or 

have the potential to cause, an adverse 

impact on water quality. See 40 CFR 

122.32(a)(2), 123.35(b)(3). 

Phase II stormwater regulations also 

require that the MS4, under the permit, 

implement stormwater management 

programs (SWMPs), and require that the 

SWMPs include six minimum control 

measures. The minimum control 

measures are: Public education and 

outreach, public participation and 

involvement, illicit discharge detection 

and elimination, construction site runoff 

control, post construction runoff 

control, and pollution prevention and 

good housekeeping. Regulations 

applicable to Phase II MS4 permits are 

found in 40 CFR 122.30–122.37. In 

general, Phase II MS4 permits are 

general permits, although small MS4s 

may apply for individual permits under 

the Phase I rule’s application provisions 

in 40 CFR 122.26(d). 

Under section 402(p)(6), EPA is 

authorized to designate additional 

stormwater discharges to be regulated 

other than those already regulated, and 

to establish a comprehensive program to 

regulate them. In addition, under EPA’s 

stormwater regulations, EPA (or States 

authorized to administer the NPDES 

program) may require NPDES permits 

for currently unregulated stormwater 

discharges by designating discharges 

pursuant to 40 CFR 122.26(a)(9)(i)(C) or 

(D). 

III. Input on Preliminary 

Considerations for Modifying/ 

Supplementing EPA’s Stormwater 

Regulations in the Chesapeake Bay 

Watershed 

By today’s notice, EPA is informing 

the public of its preliminary 

considerations for modifying or 

supplementing EPA’s stormwater 

regulations to specifically address 

stormwater discharges in the 

Chesapeake Bay Watershed and 

soliciting public input on these 

considerations. EPA is accepting 

information during the listening 

sessions and/or by submission of 

written comments as described above in 

order to gain early public input on 

stormwater practices and regulations 

and to inform the stormwater 

rulemaking. The following are options 

that EPA is considering for 

strengthening the stormwater 

requirements and for which EPA seeks 

input. These options are not mutually 

exclusive and may be considered in 

combination. 

Option 1: Designate Additional 

Discharges to be Regulated. Stormwater 

discharge from large areas of impervious 

cover can be a significant contributor to 

water quality impairments in the 

receiving waters. As part of the national 

rulemaking effort, EPA is considering 

regulating additional discharges that are 

not currently regulated, but are causing 

and/or contributing to the degradation 

of water quality in the Chesapeake Bay 

watershed. This option could be 

achieved in various ways: Expanding 

the area of coverage for currently 

regulated MS4s, regulating currently 

unregulated MS4s, and designating 

discharges that do not flow through 

MS4s, including those that discharge to 

waterbodies directly. EPA is considering 

the need to further expand the scope of 

discharges regulated in the Chesapeake 

Bay watershed beyond those that would 

be regulated as part of the national 

rulemaking effort. EPA requests input 

from the public on (1) How to identify 

the appropriate jurisdictional 

boundaries for permit coverage, 

including the township, county, sewer 

district, or others; (2) how to identify 

areas within the Chesapeake Bay 

watershed that should be covered based 

on development pressures and to 

protect water quality; and (3) whether 

EPA should consider regulating 

stormwater discharges from particular 

types or sizes of development that are 

not covered by an MS4 permit. 

Option 2: Require Additional 

Chesapeake Bay-only MS4 Provisions. 

EPA is considering adding new 

minimum measures or more specificity 

to the six existing minimum control 

measures to reduce the discharge of 

pollutants. The additional minimum 

measures could include requiring 

controls related to turf management, 

pesticide usage, fertilizer usage, and 

buffer widths. These additional 

minimum measures could be applied to 

all MS4s, to selected MS4s using a 

tiered approach based on the size of the 

MS4, or focused in those subwatershed 

or tributaries where these additional 

controls that are determined to be 

necessary to protect water quality. More 

specificity of the minimum control 

measures could include considerations 

for nitrogen, phosphorus and sediment, 

to strengthen the stormwater 

management programs in the 

Chesapeake Bay watershed and to 

further the implement of the 

Chesapeake Bay TMDL. 

Option 3: Require Retrofitting of 

Stormwater Management Controls with 

Improved Stormwater Control Measures. 

EPA is considering adding a 

requirement that would make 

retrofitting structural stormwater 

controls mandatory for existing 

development that discharges through an 

MS4 and/or for large-scale development 

that does not discharge through an MS4. 

In its national stormwater rulemaking, 

EPA is considering a retrofit component 

that would apply nationally to MS4s. 

However, EPA seeks public input on 

whether to consider establishing either 

more stringent requirements for MS4s in 

the Chesapeake Bay watershed or a 

specific retrofit provision for discharges 


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that discharge directly to waterbodies 

within the Chesapeake Bay watershed. 

Additionally, EPA requests information 

related specifically to stream and 

floodplain restoration as well as buffer 

requirements so that the rulemaking can 

address the physical impacts of 

stormwater to streams to improve 

overall stream functionality. 

Option 4: Establish New and 

Redevelopment Standards. As part of 

the national stormwater rulemaking, 

EPA is considering a number of options 

to improve stormwater quality through 

standards for newly developed and 

redeveloped sites. In the Federal 

Register Notice published December 28, 

2009, EPA had requested comments on 

what standard(s) could be applied to 

new development and redevelopment 

that would promote sustainable 

practices and mimic natural processes 

through (1) Infiltration and recharge, 

(2) evapotranspiration, and/or 

(3) precipitation harvesting and reuse. 

With respect to the Chesapeake Bay 

watershed, EPA is considering whether 

to set distinct parameters to these 

standards for discharges from newly 

developed and redeveloped sites. For 

example, if EPA promulgates a rule with 

a national standard, one option could be 

to apply that standard to more sites than 

would be regulated under a national 

rule, such as sites smaller than the 

minimum size that may be specified in 

the national rule. Another option could 

be a Chesapeake Bay watershed-specific 

performance standard that differs from 

the national standard. 

IV. Environmental Justice 

Considerations 

As part of the listening sessions, EPA 

will also address environmental justice 

considerations and potential impacts 

that may arise as a consequence of the 

Chesapeake Bay watershed provisions 

under consideration in the new 

rulemaking. Executive Order (EO) 12898 

(59 FR 7629 (Feb. 16, 1994)) establishes 

federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Environmental justice is the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies. To help 

achieve EPA’s goals for environmental 

justice, EPA places particular emphasis 

on the public health of and 

environmental conditions affecting 

minority, low-income, and indigenous 

populations. 

EPA solicits comment for these 

preliminary Chesapeake Bay watershed 

specific provisions to assess whether 

they will have a disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations. The Agency 

plans to discuss ways that local 

communities can identify areas of 

concern and incorporate ‘‘low impact 

development’’ (LID) or ‘‘green 

infrastructure’’ practices into their 

stormwater management regimes. These 

practices, such as rain gardens, 

bioswales, green roofs, and pervious 

pavements, use infiltration, 

evapotranspiration, and stormwater 

capture and reuse to maintain or restore 

natural hydrologies, in order to lessen 

the environmental impacts of 

stormwater and improve public access 

to clean waters to improve livability. 

EPA is working with all stakeholders to 

strengthen its stormwater program and 

support communities in efforts to 

restore and maintain their urban 

waterbodies. Priorities for this effort 

include helping communities— 

especially underserved communities— 

access, improve, and benefit from their 

waters and the surrounding land. 

EPA requests that participants in the 

listening sessions’ environmental justice 

component share their ideas on the 

following questions focusing on 

stormwater issues: 

• Stormwater Benefits and 

Challenges—What do you see as 

effective and ineffective strategies for 

managing stormwater in communities? 

• Federal Government Role—How 

can the federal government be a more 

effective partner in helping to manage 

stormwater in your community? 

• Tools—What additional tools and 

resources would help your efforts to 

successfully address the impact of 

stormwater in your community? 

Dated: October 1, 2010. 

Deborah Nagle, 

Associate Director Water Permits Division. 

[FR Doc. 2010–25318 Filed 10–7–10; 8:45 am] 

BILLING CODE 6560–50–P 


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