730 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

• U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: December 7, 2012. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2012–31731 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9767–1] 

State Program Requirements; 

Approval of Application To Administer 

Partial National Pollutant Discharge 

Elimination Program; Oklahoma 

AGENCY: Environmental Protection 

Agency. 

ACTION: Approval of Oklahoma 

Department of Agriculture, Food and 

Forestry’s (ODAFF) Agricultural 

Pollutant Discharge Elimination System 

program under the Clean Water Act. 

SUMMARY: On December 20, 2012, the 

Regional Administrator for the 

Environmental Protection Agency, 

Region 6 (EPA) approved the request of 

the State of Oklahoma for authorization 

of the Agriculture Pollutant Discharge 

Elimination System (AgPDES) program 

pursuant to Section 402(b) of the Clean 

Water Act (CWA or ‘‘the Act’’). The 

AgPDES program will be administered 

by the Oklahoma Department of 

Agriculture, Food and Forestry (ODAFF) 

and is a major category partial National 

Pollutant Discharge Elimination System 

(NPDES) permit program under Section 

402(n)(3) of the Act for all discharges of 

pollutants into waters of the United 

States within ODAFF’s jurisdiction. 

DATES: Effective Date: Pursuant to 40 

CFR 123.61(c), the AgPDES program 

was approved and became effective on 

December 20, 2012. As of the date of 

program approval, NPDES permitting 

authority for those discharges subject to 

the AgPDES program transferred from 

EPA to ODAFF. 

To View or Obtain Copies of 

Documents: Copies of ODAFF’s program 

approval submission (referred to 

throughout this document as ODAFF’s 

application) and all other documents in 

the Administrative Record are available 

for inspection from 9 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays, at EPA Region 6, 1445 Ross 

Ave., Dallas, Texas 75202. 

A copy of ODAFF’s application is 

available online at the EPA Region 6 

web page: http://www.epa.gov/region6/ 

water/npdes/ok-daff/index.html A 

paper copy of part of all of the State’s 

application or any other documents in 

the Administrative Record may be 

obtained from EPA Region 6 in Dallas 

for a cost of .15 cents per page. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Denise Hamilton at the EPA address 

listed above or by calling (214) 665– 

2775, FAX (214) 665–2191, email: 

Hamilton.Denise@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

402 of the CWA created the NPDES 

program under which EPA may issue 

permits for the point source discharge of 

pollutants to waters of the United States 

under conditions required by the Act. 

Section 402(b) requires EPA to authorize 

a State to administer an equivalent state 

program upon the Governor’s request, 

provided the State has appropriate legal 

authority and a program sufficient to 

meet the Act’s requirements. Major 

category partial permit program 

approval is provided for under section 

402(n)(3) of the CWA. Pursuant to that 

Section, EPA may approve a partial 

permit program covering a major 

category of a State’s discharges if the 

program represents a complete permit 

program and covers all of the discharges 

under the jurisdiction of the agency 

seeking approval, and if EPA determines 

that the partial program represents a 

significant and identifiable part of the 

State program required by Section 

402(b) of the Act. The Oklahoma 

discharges subject to regulation under 

the federal NPDES program and the 

AgPDES program administered by 

ODAFF are discharges associated with 

concentrated animal feeding operations 

(‘‘CAFO’’), discharges from the 

application of biological pesticides or 

chemical pesticides that leave a residue, 

discharges from silviculture activities, 

and discharges of storm water from 

agricultural activities. ODAFF does not 

have jurisdiction over all discharges 

within the State of Oklahoma. A large 

portion of the State’s discharges are 

covered by the Oklahoma Department of 

Environmental Quality’s (ODEQ’s) 

approved NPDES program. EPA retains 

jurisdiction over discharges to Indian 

Country, as defined in 18 U.S.C. 1151, 

and over discharges under the 

jurisdiction of the Oklahoma 

Corporation Commission. 

On August 16, 2012, the Governor of 

Oklahoma requested NPDES major 

category partial permit program 

approval and submitted, in accordance 

with 40 CFR 123.21 a program 

description (including funding, 

personnel requirements and 

organization, and permit and 

enforcement procedures), a Statement of 

Legal Authority, copies of applicable 

State statutes and regulations, and a 

Memorandum of Agreement (MOA) to 

be executed by the Regional 

Administrator of EPA Region 6 and the 

Commissioner of Agriculture for 

ODAFF. ODAFF seeks permitting and 

enforcement authority for all discharges 

within its jurisdiction. At the request of 

EPA, ODAFF made revisions to several 

of the program submittal documents and 

the last of these revisions was received 

by EPA on September 7, 2012. EPA 

determined that ODAFF’s August 16th 

application for partial program 

approval, as amended September 7, 

2012, was complete under 40 CFR 

123.21 and a letter of completeness was 

sent to ODAFF on September 14, 2012. 

On September 24, 2012, notice of the 

State’s application was published in the 

Federal Register (77 FR 58830), 

announcing a 45 day public comment 

period. Notice was also published in the 

Daily Oklahoman and Tulsa World 

newspapers on September 25, 2012. 

Both an informal public meeting and a 

public hearing were held in Oklahoma 

City, Oklahoma on October 25, 2012. 

The public meeting included a 

presentation on Oklahoma’s request for 

AgPDES program approval and a 

question and answer session. Oral and 

written comments for the official record 

were accepted at the public hearing, 

which was held in accordance with 40 

CFR 124.12. 

EPA was required to approve 

ODAFF’s application within 90 days of 

submittal of a complete submission 

unless the submittal did not meet the 

requirements of Section 402(b) of the 

Act and EPA regulations, or EPA and 

ODAFF jointly agreed to extend this 

deadline. (See 40 CFR 123.2l (d). By 

email dated December 4, 2012, EPA and 

ODAFF extended the statutory review 

period until December 20, 2012. 

To obtain program approval, ODAFF 

was required to show among other 

things that it has authority to issue 

permits that comply with the Act, 

authority to impose civil and criminal 

penalties for permit violations, and 

authority to ensure that the public is 

given notice and opportunity for a 

hearing on each proposed permit. 

Authority to approve State programs 

is provided to EPA pursuant to Section 

402(b) of the CWA. The regulatory 

requirements for state program approval 

are set forth in 40 CFR part 123. EPA’s 

decision to approve the AgPDES 

program is based on the requirements of 

CWA § 402 and 40 CFR part 123. In 

making its decision, EPA considered all 

comments and issues raised during the 

public comment period, including those 

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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 731 

raised at the public hearing. A copy of 

the Region’s responses to comments and 

ODAFF’s program submittal documents 

are available on the EPA Region 6 

Internet site: http://www.epa.gov/ 

region6/water/npdes/ok-daff/ 

index.html. The comments and public 

hearing record are contained in the 

administrative record supporting this 

notice. 

Scope, Transfer of NPDES Authority, 

and Summary of the AgPDES Program 

A. Scope of the Partial Program 

The AgPDES program is a major 

category partial permit program in 

conformance with the requirements of 

Section 402(n)(3) of the CWA. The 

program is a complete permit program 

for all discharges under ODAFF’s 

jurisdiction and represents a significant 

and identifiable part of the state 

program required by § 402(b) of the 

CWA. The Oklahoma discharges subject 

to regulation under the federal NPDES 

program and the AgPDES program 

administered by ODAFF are discharges 

associated with concentrated animal 

feeding operations (‘‘CAFO’’), 

discharges from the application of 

biological pesticides or chemical 

pesticides that leave a residue, 

discharges from silviculture activities, 

and discharges of storm water from 

agricultural activities. 

ODAFF has jurisdiction over all 

matters affecting agriculture that have 

not been expressly delegated to another 

state or federal agency, as set out in the 

Oklahoma Agriculture Code, and is 

responsible for fully implementing and 

enforcing the laws and rules within its 

jurisdictional areas of environmental 

responsibility. The Oklahoma 

Environmental Quality Act gives 

ODAFF environmental jurisdiction over 

point source discharges from 

agricultural crop production and 

agricultural services. It also gives the 

Agency environmental jurisdiction 

specific to the application of pesticides. 

ODAFF does not have jurisdiction over 

storm water discharges associated with 

industrial activity (as defined at 40 CFR 

122.26(b)(14) at facilities whose primary 

industrial activity is storage of grain, 

feed seed, fertilizer, and agriculture 

chemicals (e.g., SIC code 4121) and are 

thus required by federal regulations to 

have a storm water permit. However, 

ODAFF’s jurisdiction includes all 

discharges at facilities regulated by 

ODAFF that only incidentally store 

grain, feed seed, fertilizer, and 

agriculture chemicals to support the 

primary activity of the facility (e.g., feed 

storage at a CAFO). ODAFF has 

jurisdiction to regulate discharges 

resulting from agricultural and nonagricultural applications of pesticides; 

except for discharges from industrial 

processes, municipal treatment works, 

and municipal and industrial storm 

water, for which the Oklahoma 

Environmental Quality Act has 

expressly delegated jurisdiction to the 

Oklahoma Department of Environmental 

Quality (ODEQ). ODAFF also has 

jurisdiction to regulate discharges 

resulting from silvicultural discharges 

related to tree growing, planting 

management, log transport and log 

storage, and other activities, except 

those related to wood preservation and 

processing regulated pursuant to 40 CFR 

part 429 (Timber Products Processing) 

and part 436 (Mineral Mining and 

Processing), which are regulated by 

ODEQ. 

Activities that are not within 

ODAFF’s environmental jurisdiction 

include commercial manufacturers of 

fertilizers, grain and feed products, and 

chemicals; manufacturing of food and 

kindred products, tobacco, paper, 

lumber, wood, textile mill and other 

agricultural products; slaughterhouses, 

except for feedlots at those facilities; 

and aquaculture and fish hatcheries. 

These exceptions to the Agency’s 

jurisdiction include, but are not limited 

to, discharges of pollutants and storm 

water to waters of the state, surface 

impoundments and land application of 

wastes and sludge, and other pollution 

originating at these facilities. 

ODAFF did not seek authority to 

regulate discharges to Indian Country, 

as defined in 18 U.S.C. 1151. EPA 

retains NPDES permitting authority over 

Indian Country in the State of 

Oklahoma. 

B. Transfer of NPDES Authority and 

Pending Actions 

Authority for all NPDES permitting 

activities within the scope of ODAFF’s 

jurisdiction have been transferred to the 

State. EPA retains on a permanent basis 

its authority under section 402(d) of the 

CWA to object to AgPDES permits 

proposed by ODAFF, and if the 

objections are not resolved, to issue 

federal NPDES permits for those 

discharges. EPA also retains on a 

permanent basis independent 

enforcement authority to address civil 

and/or criminal CWA violations under 

§§ 309 and 402(i) of the Act and to file 

federal enforcement actions in those 

instances in which EPA determines the 

State has not taken timely or 

appropriate enforcement action. 

Pursuant to the MOA between EPA 

and ODAFF, ODAFF has taken over 

administration of EPA-issued general 

permits for those discharges under its 

jurisdiction while EPA retains 

administration of general permits for 

those discharges remaining under EPA 

jurisdiction. Dischargers remaining 

under EPA jurisdiction include those 

discharges to waters in Indian Country 

and those discharges under the 

jurisdiction of the Oklahoma 

Corporation Commission. The transfer 

of EPA-issued permits is described in 

Section IV.B of the MOA. 

The CAFO general permit OKG010000 

(discharges from CAFOs) is being 

transferred to ODAFF with no 

discharges authorized by that permit 

remaining under EPA jurisdiction. 

OKR12000F (Construction General 

Permit—storm water discharges 

associated with industrial activity), 

OKR05000F (Multi-Sector General 

Permit—storm water associated with 

construction activities), and OKG87#### 

(Pesticides General Permit—discharges 

associated with application of pesticides 

to waters of the United States) are being 

partially transferred to ODAFF with 

EPA retaining the permits for discharges 

remaining under EPA jurisdiction. For 

general permits OKR05000F and 

OKR12000F, EPA will continue to 

administer the permit for discharges 

under the jurisdiction of the OCC. For 

general permit OKG87####, EPA will 

continue to administer the permit for 

discharges to Indian Country. 

Descriptions of the scope of coverage in 

general permits OKG87####, 

OKR05000F and OKR12000F are being 

changed to reflect the discharges still 

being permitted by EPA. ODAFF is 

modifying the permit scope of coverage, 

Notice of Intent, and reporting 

requirements to reflect their assumption 

of these permits for those discharges 

under the new AgPDES program. 

Responsiveness Summary 

On September 24, 2012, notice of the 

State’s application was published in the 

Federal Register (77 FR 58830), 

announcing a 45 day public comment 

period. EPA Region 6 has considered 

and prepared written responses to all 

comments received. In response to 

comments received and for the sake of 

clarification, several wording changes 

have been to the Memorandum of 

Agreement between EPA and ODAFF. A 

revision to Table 3–1 of the Enforcement 

Management System, Chapter 3, has 

also been made for the sake of 

clarification. A copy of the Region’s 

responses to comments and the program 

documents may be obtained from the 

EPA Region 6 Internet site: http:// 

www.epa.gov/region6/water/npdes/okdaff/index.html Changes made to the 

MOA and to Table 3–1 of the 

Enforcement Management System as a 

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732 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

result of comments are marked in 

redline/strikeout. 

I hereby provide public notice of 

EPA’s approval of the State of 

Oklahoma’s request for authorization for 

ODAFF to administer the AgPDES 

program for discharges into navigable 

waters within its jurisdiction in 

accordance with Section 402(b) of the 

CWA and 40 CFR Part 123. 

Dated: December 20, 2012. 

Ron Curry, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2012–31715 Filed 1–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Advisory Board on Radiation and 

Worker Health (ABRWH or Advisory 

Board), National Institute for 

Occupational Safety and Health 

(NIOSH) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC), 

announces the following meeting of the 

aforementioned committee: 

Time and Date: 11:00 a.m.–3:00 p.m., 

February 7, 2013. 

Place: Audio Conference Call via FTS 

Conferencing. The USA toll-free, dial-in 

number is 1–866–659–0537 and the pass 

code is 9933701. 

Status: Open to the public, but without a 

verbal public comment period. Written 

comment should be provided to the contact 

person below in advance of the meeting. 

Background: The Advisory Board was 

established under the Energy Employees 

Occupational Illness Compensation Program 

Act of 2000 to advise the President on a 

variety of policy and technical functions 

required to implement and effectively 

manage the new compensation program. Key 

functions of the Advisory Board include 

providing advice on the development of 

probability of causation guidelines, which 

have been promulgated by the Department of 

Health and Human Services (HHS) as a final 

rule; advice on methods of dose 

reconstruction, which have also been 

promulgated by HHS as a final rule; advice 

on the scientific validity and quality of dose 

estimation and reconstruction efforts being 

performed for purposes of the compensation 

program; and advice on petitions to add 

classes of workers to the Special Exposure 

Cohort (SEC). 

In December 2000, the President delegated 

responsibility for funding, staffing, and 

operating the Advisory Board to HHS, which 

subsequently delegated this authority to the 

CDC. NIOSH implements this responsibility 

for CDC. The charter was issued on August 

3, 2001, renewed at appropriate intervals, 

most recently, August 3, 2011, and will 

expire on August 3, 2013. 

Purpose: This Advisory Board is charged 

with (a) providing advice to the Secretary, 

HHS, on the development of guidelines 

under Executive Order 13179; (b) providing 

advice to the Secretary, HHS, on the 

scientific validity and quality of dose 

reconstruction efforts performed for this 

program; and (c) upon request by the 

Secretary, HHS, advising the Secretary on 

whether there is a class of employees at any 

Department of Energy facility who were 

exposed to radiation but for whom it is not 

feasible to estimate their radiation dose, and 

on whether there is reasonable likelihood 

that such radiation doses may have 

endangered the health of members of this 

class. 

Matters To Be Discussed: The agenda for 

the conference call includes: General Steel 

Industries SEC Petition Board 

Recommendation; Review of Responses to 

Public Comments from the September 2012 

Advisory Board Meeting; Subcommittee and 

Work Group Updates; SEC Petition 

Evaluations Update for the March 2013 

Advisory Board Meeting; Plans for the March 

2013 Advisory Board Meeting; and Advisory 

Board Correspondence. 

The agenda is subject to change as 

priorities dictate. 

Because there is not an oral public 

comment period, written comments may be 

submitted. Any written comments received 

will be included in the official record of the 

meeting and should be submitted to the 

contact person below in advance of the 

meeting. Contact Person for More 

Information: Theodore M. Katz, M.P.A., 

Executive Secretary, NIOSH, CDC, 1600 

Clifton Road NE., Mailstop: E–20, Atlanta, 

Georgia 30333, Telephone: (513) 533–6800, 

Toll Free 1–800–CDC–INFO, Email 

ocas@cdc.gov. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both the Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Dana Redford, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention. 

[FR Doc. 2012–31689 Filed 1–3–13; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control Special 

Emphasis Panel (SEP): Initial Review 

The meeting announced below 

concerns Identification, Surveillance, 

and Control of Vector-Borne and 

Zoonotic Infectious Diseases in Uganda, 

Funding Opportunity Announcement 

(FOA) CK13–001, initial review. 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting: 

Time and Date: 1:00 p.m.–3:00 p.m., 

February 19, 2013. 

Place: Teleconference. 

Status: The meeting will be closed to the 

public in accordance with provisions set 

forth in Section 552b(c)(4) and (6), Title 5 

U.S.C., and the Determination of the Director, 

Management Analysis and Services Office, 

CDC, pursuant to Public Law 92–463. 

Matters to be Discussed: The meeting will 

include the initial review, discussion, and 

evaluation of applications received in 

response to ‘‘Identification, Surveillance, and 

Control of Vector-Borne and Zoonotic 

Infectious Diseases in Uganda, FOA CK13– 

001.’’ 

Contact Person for More Information: 

Gregory Anderson, M.S., M.P.H., Scientific 

Review Officer, CDC, 1600 Clifton Road NE., 

Mailstop E60, Atlanta, Georgia 30333, 

Telephone: (404) 718–8833. 

The Director, Management Analysis and 

Services Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both the Centers for Disease Control and 

Prevention, and the Agency for Toxic 

Substances and Disease Registry. 

Dana Redford, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention. 

[FR Doc. 2012–31692 Filed 1–3–13; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Subcommittee on Procedures Review, 

Advisory Board on Radiation and 

Worker Health (ABRWH), National 

Institute for Occupational Safety and 

Health (NIOSH) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the following meeting for the 

aforementioned subcommittee: 

Time and Date: 9:00 a.m.–5:00 p.m., 

February 5, 2013. 

Place: Cincinnati Airport Marriott, 2395 

Progress Drive, Hebron, Kentucky 41018, 

Telephone: (859) 334–4611, Fax: (859) 334– 

4619. 

Status: Open to the public, but without an 

oral public comment period. To access by 

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