99-1030. Technical Correction; Final National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities

[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Notices]
[Pages 2898-2900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1030]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6220-2]


Technical Correction; Final National Pollutant Discharge 
Elimination System Storm Water Multi-Sector General Permit for 
Industrial Activities

AGENCY: Environmental Protection Agency.

ACTION: Corrections; and notice of final NPDES storm water general 
permit for Alaska.

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SUMMARY: This action corrects a typographical error and inadvertent 
omission in the text of ``Final National Pollutant Discharge 
Elimination System (NPDES) Storm Water Multi-Sector General Permit for 
Industrial Activities'' (MSGP) which was published on Friday, August 7, 
1998.
    This action also provides notice for the final modification to the 
NPDES MSGP for storm water discharges associated with industrial 
activity in the State of Alaska.

DATES: Today's corrections are effective January 19, 1999. In 
accordance with 40 CFR 23.2, the correction and permit modification for 
the State of Alaska shall be considered final for the purposes of 
judicial review at 1 p.m. (Eastern time) on February 2, 1999.

FOR FURTHER INFORMATION CONTACT: Joe Wallace at 206-553-6645.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On August 7, 1998, (63 FR 42534), EPA published a modification to 
the NPDES Multi-Sector General Permits (MSGP) for storm water 
discharges associated with industrial activity, which was originally 
published on September 29, 1995 (60 FR 50804).
    Today's notice corrects typographical errors, and inadvertent 
omissions in the text of the MSGP modification, as well as clarifies 
the fact sheet to the permit.
    Today's notice also notices the modification of the final NPDES 
storm water MSGP for storm water discharges associated with industrial 
activity in the State of Alaska.

II. Technical Correction

    The modification to the permit (related to hard rock mining) 
published on August 7, 1998 (63 FR 42534) contains two inadvertent 
typographical errors. Specifically, in the note to Table G-4 in the 
final clarification published at 63 FR at 42545, in the first column, 
EPA neglected to include one word (``and'') and inadvertently included 
another word (``not''). In the August 7, 1998, notice, the second 
sentence in the note read:

    For such sources, coverage under this permit would be available 
if the discharge is composed entirely of storm water does not 
combine with other sources of mine drainage that are not subject to 
40 CFR Part 440, as well as meeting other eligibility criteria 
contained in Part I.B. of the Permit. (Emphasis added.)

EPA is today correcting those typographical errors so that the sentence 
will read:

    For such sources, coverage under this permit would be available 
if the discharge is composed entirely of storm water and does not 
combine with other sources of mine drainage that are subject to 40 
CFR Part 440, as well as meeting other eligibility criteria 
contained in Part I.B. of the Permit. (Emphasis added.)

Based on the explanation in the fact sheet published on August 7, 1998, 
as well as the other provisions of the Permit at Part I.B., these 
corrections make the intended meaning of the sentence clear.

III. Notice of Modification of NPDES Storm Water Permit in Alaska

    On October 22, 1997 (62 FR 54950), EPA proposed to modify the MSGP 
in

[[Page 2899]]

the State of Alaska. EPA was not able to provide notice of the final 
permit in Alaska on August 7, 1998, when the Agency modified the MSGP 
in other jurisdictions where EPA administers the NPDES permitting 
program, because at that time the State of Alaska had not concluded 
proceedings to certify compliance with Alaska water quality standards 
(pursuant to Clean Water Act section 401) and to determine consistency 
with the State's coastal zone management program. Today's action 
finalizes the modifications to the NPDES MSGP for storm water 
discharges associated with industrial activity in the State of Alaska.

B. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in the final MSGP in Alaska under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. The information collection requirements in 
today's final notice for Alaska have already been approved by the 
Office of Management and Budget in previous submissions made for the 
NPDES permit program under the provisions of the Clean Water Act.

C. 401 Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters, shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of Sections 301, 302, 303, 306, and 307 
of the CWA. The Section 401 certification process has been completed 
for the State of Alaska. The following summary indicates where 
additional permit requirements have been added as a result of the 
certification process and also provides a more detailed discussion of 
additional requirements for Alaska.
    Alaska 401 conditions provide that a copy of the Notice of Intent 
form, in addition to the NOI already required to be submitted to EPA, 
and a copy of the storm water pollution prevention plan (PPP) must be 
sent to the appropriate nearest office listed below prior to 
discharging under the MSGP. Copies of any discharge monitoring reports 
or other reports required under the permit must also be sent to the 
appropriate State office. A copy of any Notice of Termination must be 
submitted to the appropriate State office. The addresses of State 
offices to which copies are to be sent are:
    For projects nearest to Anchorage or Fairbanks, send to the 
attention of Bill Lamoreaux at: Alaska Department of Environmental 
Conservation, Water Quality Permitting Section/Storm Water, 555 Cordova 
Street, Anchorage, AK 99501, [phone], FAX [phone].
    For projects nearest to Juneau, send to the attention of Kenwyn 
George at: Alaska Department of Environmental Conservation, Water 
Quality Permitting Section/Storm Water, 410 Willoughby Avenue, Juneau, 
AK 99801, [phone], FAX [phone].
    Because Alaska DEC has certified the MSGP, authorization under the 
MSGP constitutes authorization under a State permit as a matter of 
Alaska law.

IV. Signatures

Region X

    Signed this 6th day of October, 1998.
Philip G. Millam,
Director, Office of Water.

------------------------------------------------------------------------
             Areas of coverage                       Permit No.
------------------------------------------------------------------------
Alaska....................................  AKR05*###
------------------------------------------------------------------------

    Accordingly, I hereby find consistent with the provisions of the 
Regulatory Flexibility Act, that these final permit modifications will 
not have a significant impact on a substantial number of small 
entities. Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: October 7, 1998.
Jane S. Moore,
Acting Regional Administrator, Region 10.

    For the reasons set forth in this preamble, Table G-4, Parts VIII 
and XII of the NPDES Storm Water Multi-Sector General Permit 
Modification (63 FR 42534) are amended as follows:

Table G-4--[Amended]

    1. The Note following Table G-4 is amended to insert the word 
``and'' and delete the word ``not'' to read as follows:

    Note: Discharges from overburden/waste rock and overburden/waste 
rock-related areas are not subject to 40 CFR Part 440 unless: (1) it 
drains naturally (or is intentionally diverted) to a point source; 
and (2) combines with ``mine drainage'' that is otherwise regulated 
under the Part 440 regulations. For such sources, coverage under 
this permit would be available if the discharge is composed entirely 
of storm water and does not combine with other sources of mine 
drainage that are subject to 40 CFR Part 440, as well as meeting 
other eligibility criteria contained in Part I.B. of the permit. 
Permit applicants bear the initial responsibility for determining 
the applicable technology-based standard for such discharges. EPA 
recommends that permit applicants contact the relevant NPDES permit 
issuance authority for assistance to determine the nature and scope 
of the ``active mining area'' on a mine-by-mine basis, as well as to 
determine the appropriate permitting mechanism for authorizing such 
discharges.

Part VIII--[Amended]

    1. Part VIII is amended by revising paragraph D. Paperwork 
Reduction Act, Region X to include ``Alaska'' above ``Alaska Indian 
Country'' in the Areas of Coverage table on page 42544, and to include 
``AKR05*###'' above ``AKR05*##F'' in the Permit No. column of the same 
table.

Part XII--[Amended]

    Alaska 401 certification adds special permit conditions to the 
permit modification as follows:

Part XII. Coverage Under This Permit

* * * * *

Region X

    The State of Alaska, except Indian Country Lands (AKR05*###)
    Part IV. F. is added to the Permit as follows:
    1. Storm Water Pollution Prevention Plans are to be submitted to 
the Department prior to discharging under this permit. Plans are to be 
submitted to the same Department of Environmental Conservation office 
the notice of intent is sent to.
    2. Any project within the Matanuska-Susitna Borough (MSB) Coastal 
District must comply with the following conditions:
    a. Within the 75-foot shoreline setback, all areas not occupied by 
allowed development must minimize disturbance of natural vegetation. 
The intent is to provide natural filtering of surface water runoff, 
minimize erosion, and provide separation between the water body and 
potential sources of pollutants.
    b. A MSB Development Permit is required for any project located in 
a federally-designated Flood Hazard Area.
    c. The MSB should be contacted to insure that projects comply with 
local rules applicable to special land use districts or geographic 
areas affected.
    Part IX. B. 1. is added to the Permit as follows:
    1. A copy of the Notice of Termination is to be sent to the same 
Department of Environmental Conservation office the Notice of Intent is 
sent to.
* * * * *

Part II. Notification Requirements

* * * * *
    Alaska 401 conditions provide that a copy of the Notice of Intent 
form, in addition to the NOI already required to be submitted to EPA, 
and a copy of the storm water pollution prevention plan

[[Page 2900]]

(PPP) must be sent to the appropriate nearest office listed below prior 
to discharging under the MSGP. Copies of any discharge monitoring 
reports or other reports required under the permit must also be sent to 
the appropriate State office. A copy of any Notice of Termination must 
be submitted to the appropriate State office. The addresses of State 
offices to which copies are to be sent are:
    For projects nearest to Anchorage or Fairbanks, send to the 
attention of Bill Lamoreaux at: Alaska Department of Environmental 
Conservation, Water Quality Permitting Section/Storm Water, 555 Cordova 
Street, Anchorage, AK 99501, [phone], FAX [phone].
    For projects nearest to Juneau, send to the attention of Kenwyn 
George at: Alaska Department of Environmental Conservation, Water 
Quality Permitting Section/Storm Water, 410 Willoughby Avenue, Juneau, 
AK 99801, [phone], FAX [phone].
* * * * *
[FR Doc. 99-1030 Filed 1-15-99; 8:45 am]
BILLING CODE 6560-50-P