5788 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: NESHAP for Primary 

Magnesium Refining (Renewal). 

ICR Numbers: EPA ICR Number 

2098.05, OMB Control Number 2060– 

0536. 

ICR Status: This ICR is scheduled to 

expire on March 31, 2010. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. An Agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

and displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: The affected entities are 

subject to the General Provisions of the 

NESHAP at 40 CFR part 63, subpart A, 

and any changes, or additions to the 

Provisions specified at 40 CFR part 63, 

subpart TTTTT. 

Owners or operators of the affected 

facilities must submit a one-time-only 

report of any physical or operational 

changes, initial performance tests, and 

periodic reports and results. Owners or 

operators are also required to maintain 

records of the occurrence and duration 

of any startup, shutdown, or 

malfunction in the operation of an 

affected facility, or any period during 

which the monitoring system is 

inoperative. Reports, at a minimum, are 

required semiannually. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 153 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Primary magnesium refining facilities. 

Estimated Number of Respondents: 1. 

Frequency of Response: Initially, 

occasionally, and semiannually. 

Estimated Total Annual Hour Burden: 

611. 

Estimated Total Annual Cost: 

$52,991, which is comprised of labor 

costs of $51,791, no annualized capital/ 

startup costs, and operation and 

maintenance (O&M) costs of $1,200. 

Changes in the Estimates: The 

changes in burden from the most 

recently approved ICR are due to an 

adjustment. Calculation errors in the 

previous ICR were corrected, resulting 

in a small decrease to the calculated 

respondent burden hours and cost and 

an increase to the calculated Agency 

burden hours and cost. 

Dated: January 29, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–2387 Filed 2–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9109–2] 

Notice of Availability of Draft National 

Pollutant Discharge Elimination 

System (NPDES) General Permits for 

Small Municipal Separate Storm Sewer 

Systems (MS4) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of draft 

NPDES general permits. 

SUMMARY: The Director of the Office of 

Ecosystem Protection, Environmental 

Protection Agency-Region 1 (EPA), is 

issuing this Notice of Availability of 

Draft NPDES general permits for 

discharges from small MS4s to certain 

waters of the Commonwealth of 

Massachusetts. These draft NPDES 

general permits establish Notice of 

Intent (NOI) requirements, prohibitions, 

and management practices for 

stormwater discharges from small MS4s. 

EPA is proposing to issue three general 

permits. Throughout this document the 

terms ‘‘this permit’’ and ‘‘the permit’’ will 

refer to all three general permits. 

Owner and/or operators of small 

MS4s that discharge stormwater will be 

required to submit a NOI to EPA–Region 

1 to be covered by the general permit. 

Following a review and public notice of 

the NOI, MS4s will receive a written 

notification from EPA regarding permit 

coverage and authorization to discharge 

under the general permit. The eligibility 

requirements are discussed in the draft 

permit. The small MS4 must meet the 

eligibility requirements of the permit 

prior to the submission of the NOI. 

The draft general permit, appendices, 

and fact sheet are available at: http:// 

www.epa.gov/region1/npdes/stormwater 

DATES: The public comment period is 

from the February 4, 2010 to March 31, 

2010. Interested persons may submit 

comments on the draft general permit as 

part of the administrative record to the 

EPA–Region 1, at the address given 

below, no later than midnight March 31, 

2010. The general permit shall be 

effective on the date specified in the 

Federal Register publication of the 

Notice of Availability of the final 

general permit. The final general permit 

will expire five years from the effective 

date. 

ADDRESSES: Submit comments by one of 

the following methods: 

• E-mail: Murphy.thelma@epa.gov. 

• Mail: Thelma Murphy, U.S. EPA— 

Region 1, 5 Post Office Square—Suite 

100, Mail Code—OEP06–4, Boston, MA 

02109–3912. 

No facsimiles (faxes) will be accepted. 

The draft permit is based on an 

administrative record available for 

public review at EPA–Region 1, Office 

of Ecosystem Protection, 5 Post Office 

Square—Suite 100, Boston, 

Massachusetts 02109–3912. The 

following SUPPLEMENTARY INFORMATION

section sets forth principal facts and the 

significant factual, legal, and policy 

questions considered in the 

development of the draft permit. A 

reasonable fee may be charged for 

copying requests. 

Public Meeting Information: EPA— 

Region 1 will hold a public meeting to 

provide information about the draft 

general permit and its requirements. 

The public meeting will include a brief 

presentation on the draft general 

permits and a brief question and answer 

session. Written, but not oral, comments 

for the official draft permit record will 

be accepted at the public meeting. The 

public meeting will be held at the 

following time and location: Thursday— 

March 18, 2010, Thomas P. O’Neil, Jr. 

Federal Building, 10 Causeway Street— 

Auditorium First Floor, Boston, MA 

02222, 9 a.m.–10 a.m. 

Public Hearing Information: 

Following the public meeting, a public 

hearing will be conducted in accordance 

with 40 CFR 124.12 and will provide 

interested parties with the opportunity 

to provide written and/or oral 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 5789 

comments for the official draft permit 

record. The public hearing will be held 

at the following time and location: 

Thursday—March 18, 2010, Thomas P. 

O’Neil, Jr. Federal Building, 10 

Causeway Street—Auditorium First 

Floor, Boston, MA 02222, 10:15 a.m. 

FOR FURTHER INFORMATION CONTACT: 

Additional information concerning the 

draft permit may be obtained between 

the hours of 9 a.m. and 5 p.m. Monday 

through Friday excluding holidays from: 

Thelma Murphy, Office of Ecosystem 

Protection, Environmental Protection 

Agency, 5 Post Office Square—Suite 

100, Boston, MA 02109–3912; 

telephone: 617–918–1615; email: 

Murphy.thelma@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background of Proposed Permit 

As stated previously, the Director of 

the Office of Ecosystem Protection, 

EPA—Region 1, is proposing to reissue 

three NPDES general permits for the 

discharge of stormwater from small 

MS4s to certain waters within the 

Commonwealth of Massachusetts. The 

three permits are: 

MAR041A00—Traditional cities and 

towns. 

MAR042A00—Non-traditional state/ 

federal owned systems. 

MAR043A00—Non-traditional 

transportation systems. 

The conditions in the draft permit are 

established pursuant to Clean Water Act 

(CWA) section 402(p)(3)(iii) to ensure 

that pollutant discharges from small 

MS4s are reduced to the maximum 

extent practicable (MEP), protect water 

quality, and satisfy the appropriate 

requirements of the CWA. The 

regulations at 40 CFR 122.26(b)(16) 

define a small municipal separate storm 

sewer system as ‘‘* * * all separate 

storm sewers that are: 

(1) Owned or operated by the United 

States, a State, city, town, borough, 

county, parish, district, association, or 

other public body (created by or 

pursuant to State law) having 

jurisdiction over disposal of sewage, 

industrial wastes, stormwater, or other 

wastes, including special districts under 

State law such as a sewer district, flood 

control district or drainage district, or 

similar entity, or an Indian tribe or an 

authorized Indian tribal organization, or 

a designated and approved management 

agency under section 208 of the CWA 

that discharges to waters of the United 

States. 

(2) Not defined as ‘large’ or ‘medium’ 

municipal separate storm sewer systems 

pursuant to paragraphs (b)(4) or (b)(7) or 

designated under paragraph (a)(1)(v) of 

this section [40 CFR 122.26]. 

(3) This term includes systems similar 

to separate storm sewer systems in 

municipalities such as systems at 

military bases, large hospital or prison 

complexes, and highways or other 

thoroughfares. The term does not 

include separate storm sewers in very 

discrete areas, such as individual 

buildings.’’ 

For example, an armory located in an 

urbanized area would not be considered 

a regulated small MS4. 

The draft general permit sets forth the 

requirements for the small MS4 to 

‘‘reduce the discharge of pollutants to 

the maximum extent practicable, 

including management practices, 

control techniques, and system, design 

and engineering methods * * *’’(See 

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

MEP is the statutory standard that 

establishes the level of pollutant 

reductions that MS4 operators must 

achieve. EPA believes implementation 

of best management practices (BMPs) 

designed to control storm water runoff 

from the MS4 is generally the most 

appropriate approach for reducing 

pollutants to satisfy the MEP standard. 

Pursuant to 40 CFR 122.44(k), the draft 

permit contains BMPs, including 

development and implementation of a 

comprehensive stormwater management 

program (SWMP) as the mechanism to 

achieve the required pollutant 

reductions. 

Section 402(p)(3)(B)(iii) of CWA also 

authorizes EPA to include in an MS4 

permit ‘‘such other provisions as [EPA] 

determine appropriate for control of 

* * * pollutants.’’ EPA believes that 

this provision forms a basis for 

imposing water quality-based effluent 

limitations (WQBELs), consistent with 

the authority in Section 301(b)(1)(C) of 

the CWA. See Defenders of Wildlife v. 

Browner. 191 F.3d 1159 (9th Cir. 1999): 

see also EPA’s preamble to the Phase II 

regulations, 64 FR 68722, 68753, 68788 

(Dec 8, 1999). Accordingly, the draft 

permits contain the water quality-based 

effluent limitations, expressed in terms 

of BMPs, which EPA has determined are 

necessary and appropriate under the 

CWA. 

EPA—Region 1 issued a final general 

permit to address stormwater discharges 

from small MS4s on May 1, 2003. The 

2003 general permit required small 

MS4s to develop and implement a 

SWMP designed to control pollutants to 

the maximum extent practicable and 

protect water quality. This draft permit 

builds on the requirements of the 

previous general permit. 

EPA views the MEP standard in the 

CWA as an iterative process. MEP 

should continually adapt to current 

conditions and BMP effectiveness. EPA 

believes that compliance with the 

requirements of this general permit will 

meet the MEP standard. The iterative 

process of MEP consists of a 

municipality developing a program 

consistent with specific permit 

requirements, implementing the 

program, evaluating the effectiveness of 

the BMPs included as part of the 

program, then revising those parts of the 

program that are not effective at 

controlling pollutants, then 

implementing the revisions, and 

evaluating again. The changes contained 

in the draft general permits reflect the 

iterative process of MEP. Accordingly, 

the draft general permits contain more 

specific tasks and details than the 2003 

general permit. 

Summary of Permit Conditions 

Obtaining Authorization 

In order for a small MS4 to obtain 

authorization to discharge, it must 

submit a complete and accurate NOI 

containing the information in Appendix 

F of the draft general permit. The NOI 

must be submitted within 90 days of the 

effective date of the final permit. The 

effective date of the final permit will be 

specified in the Federal Register 

publication of the Notice of Availability 

of the final permit. A small MS4 must 

meet the eligibility requirements of the 

general permit found in Part 1.2 and 

Part 1.9 prior to submission of its NOI. 

A small MS4 will be authorized to 

discharge under the permit upon the 

effective date of coverage. The effective 

date of coverage is upon receipt of 

written notice from EPA following a 

public notice of the NOI. 

The draft general permit provides 

interim coverage for permittees covered 

by the previous permit and whose 

coverage was effective upon the 

expiration date of that permit (May 1, 

2008). For those discharges covered by 

the previous permit, authorization 

under the previous permit is continued 

automatically on an interim basis for up 

to 180 days from the effective date of the 

final permit. Interim coverage will 

terminate earlier than the 180 days 

when a complete and accurate NOI has 

been submitted by the small MS4 and 

coverage is either granted or denied. If 

a permittee was covered under the 

previous permit and submitted a 

complete and accurate NOI in a timely 

manner, and notification of 

authorization under the final permit has 

not occurred within 180 days of the 

effective date of the final permit, the 

permittee’s authorization under the 

previous permit can be continued 

beyond 180 days on an interim basis. 

Interim coverage will terminate after 


srobinson on DSKHWCL6B1PROD with NOTICES
5790 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 

authorization under this general permit, 

an alternative permit, or denial of 

permit coverage. 

EPA—Region 1 will provide an 

opportunity for the public to comment 

on each NOI that is submitted. 

Following the public notice, EPA— 

Region 1 will either authorize the 

discharge, request additional 

information, or require the small MS4 to 

apply for an alternative permit or an 

individual permit. 

Water Quality-Based Effluent 

Limitations 

The draft permit includes provisions 

to ensure that discharges do not cause 

or contribute to exceedances of water 

quality standards. The provisions in 

Parts 2.1, 2.2, and 2.3 of the general 

permit constitute the water qualitybased effluent limitations of the permit. 

The purpose of this part of the permit 

is to establish the board inclusion of 

water quality-based effluent limitations 

for those discharges requiring additional 

controls in order to achieve water 

quality standards and other water 

quality related objectives, consistent 

with 40 CFR 122.44(d). The nonnumeric effluent limitation 

requirements of this permit are 

expressed in the form of control 

measures and BMPs (see Part 2.4 of the 

general permit). 

Non-Numeric Effluent Limitations 

When EPA has not promulgated 

effluent limitations for a category of 

discharges, or if an operator is 

discharging a pollutant not covered by 

an effluent limitation guideline, effluent 

limitations may be based on the best 

professional judgment (BPJ) of the 

agency or permit writer. The BPJ limits 

in the general permit are in the form of 

non-numeric control measures, 

commonly referred to as best 

management practices (BMPs). Nonnumeric limits are employed under 

limited circumstances, as described in 

40 CFR 122.44(k). EPA has interpreted 

the CWA to allow BMPs to take the 

place of numeric effluent limitations 

under certain circumstances. 40 CFR 

122.44(k) provides that permits may 

include BMPs to control or abate the 

discharge of pollutants when: ‘‘(1) 

[a]uthorized under section 304(e) of the 

CWA for the control of toxic pollutants 

and hazardous substances form 

ancillary industrial activities; (2) 

[a]uthorized under section 402(p) of the 

CWA for the control of stormwater 

discharges; (3) [n]umeric effluent 

limitations are infeasible; or (4) [t]he 

practices are reasonable to achieve 

effluent limitations and standards or to 

carry out the purposes and intent of the 

CWA.’’ The permit regulates stormwater 

discharges using BMPs. Due to the 

variability associated with stormwater, 

EPA believes the use of BMPs is the 

most appropriate method to regulate 

discharges of stormwater from 

municipal systems in accordance with 

the above referenced regulation. 

The draft permit requires small MS4s 

to continue to control stormwater 

discharges from the municipal system in 

a manner designed to reduce the 

discharge of pollutant to the maximum 

extent practicable and to protect water 

quality. The small MS4s are required to 

implement a SWMP consisting of 

control measures. These control 

measures include the following: public 

education and outreach; public 

participation; illicit discharge detection 

and elimination; construction 

stormwater management; stormwater 

management in new development and 

redevelopment; and good housekeeping 

in municipal operations. 

Implementation of the SWMP involves 

the identification of BMPs and 

measurable goals for BMPs. The draft 

permit identifies an objective for each 

control measure. The small MS4 must 

implement the control measures 

required by the general permit and 

document actions in the SWMP that 

demonstrate progress toward 

achievement of the objective of the 

control measure. The permit also 

contains outfall monitoring 

requirements that are associated with 

implementation of the illicit discharge 

detection and elimination program, 

recordkeeping and reporting. 

Dated: January 25, 2010. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2010–2399 Filed 2–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9110–5] 

Good Neighbor Environmental Board; 

Notification of Public Advisory 

Committee Teleconference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of Public Advisory 

Committee Teleconference. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, Public Law 

92–463, notice is hereby given that the 

Good Neighbor Environmental Board 

(GNEB) will hold a public 

teleconference on February 25, 2010 

from 1 p.m. to 3 p.m. Eastern Standard 

Time. The meeting is open to the public. 

For further information regarding the 

teleconference and background 

materials, please contact Dolores 

Wesson at the number listed below. 

Background: GNEB is a Federal 

advisory committee chartered under the 

Federal Advisory Committee Act, PL 

92463. GNEB provides advice and 

recommendations to the President and 

Congress on environmental and 

infrastructure issues along the U.S. 

border with Mexico. 

Purpose of Meeting: The purpose of 

this teleconference is to continue 

discussion on the Good Neighbor 

Environmental Board’s Thirteenth 

Report. 

SUPPLEMENTARY INFORMATION: If you 

wish to make oral comments or submit 

written comments to the Board, please 

contact Dolores Wesson at least five 

days prior to the meeting. 

General Information: Additional 

information concerning the GNEB can 

be found on its Web site at http:// 

www.epa.gov/ocem/gneb. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Dolores 

Wesson at (202) 564–1351 or e-mail at 

wesson.dolores@epa.gov. To request 

accommodation of a disability, please 

contact Dolores Wesson at least 10 days 

prior to the meeting to give EPA as 

much time as possible to process your 

request. 

Dated: January 29, 2010. 

Dolores Wesson, 

Designated Federal Officer. 

[FR Doc. 2010–2384 Filed 2–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0045; FRL–8807–5] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several initial filings 

of pesticide petitions proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before March 8, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 


srobinson on DSKHWCL6B1PROD with NOTICES