[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Pages 5390-5391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1862]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5144-5]
State Program Requirements; Application to Administer the
National Pollutant Discharge Elimination System (NPDES) Program;
Florida
AGENCY: Environmental Protection Agency.
ACTION: Public notice of application for NPDES program approval.
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SUMMARY: The State of Florida has submitted a request to the
Environmental Protection Agency (EPA) for approval to administer the
National Pollutant Discharge Elimination System (NPDES) program for
regulating discharges of pollutants into waters of the State of
Florida. The NPDES program would be administered by the Florida
Department of Environmental Protection (FDEP). FDEP has requested a
phased NPDES program encompassing permitting for: (1) Domestic
discharges; (2) industrial discharges, including those which also have
storm water discharges; and (3) pretreatment. Storm water discharges
from municipal separate storm sewer systems (MS4's), individual storm
water-only discharges, storm water general permits, and federal
facility dischargers are to be phased in by the year 2000 for
administration by the State. This notice provides for public hearing
and a comment period on Florida's request. Under EPA regulations,
Regional Administrators will approve or disapprove this request after
taking into consideration all comments received.
DATES: Comments must be received on or before March 13, 1995. Public
hearings have been scheduled for:
March 7, 1995, 10 a.m.-1 p.m. and 7 p.m.-10 p.m., Civic Convention
Center, 9800 International Drive, Orlando, Florida 32819, Orange County
March 9, 1995, 10 a.m.-1 p.m. and 7 p.m.-10 p.m., Leon County Civic
Center, 505 W. Pensacola Street, Tallahassee, Florida 32301, Leon
County
Part or all of the submittal (which comprises approximately 1500
pages) may be copied at any FDEP office, or EPA office in Atlanta, at a
minimal cost per page. A copy of the entire submittal may be obtained
from the FDEP office in Tallahassee for a fee.
FOR FURTHER INFORMATION CONTACT: Ms. Dee Stewart, Environmental
Engineer, Permits Section, U.S. EPA Region IV, 345 Courtland Street,
NE., Atlanta, Georgia, 30365, 404/347-3012, ext. 2928, or Mr. Daryll
Joyner, FDEP, Suite 202, Twin Towers Office Building, 2600 Blair Stone
Road, Tallahassee, Florida, 32301, 904/488-4520.
SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act
(Act) created the NPDES program under which the Administrator of the
United States Environmental Protection Agency (EPA) may issue permits
for the discharge of pollutants into waters of the United States under
conditions required by the Act. The Act also provides that a State may
be authorized to administer the NPDES program upon request and showing
that the State has authority and a program sufficient to meet
requirements of the Act. The Governor of Florida has requested NPDES
program approval and on November 21, 1994, submitted a complete program
description (including funding, personnel requirements and
organization, and enforcement procedures), an Independent Counsel's
statement, copies of applicable State statutes and regulations, and a
Memorandum of Agreement (MOA) to be executed by the EPA, Region IV,
Regional Administrator, and the Secretary, FDEP. The EPA Regional
Administrator is required to approve the submitted program within 90
days of submittal unless it does not meet the requirements of section
402(b) of the Act and EPA regulations, which include, among other
things, authority to issue permits which 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 NPDES permit issuance. At the close of the
comment period (including the public hearing), the EPA Regional
Administrator will decide to approve or disapprove Florida's NPDES
program. In accordance with EPA regulations, EPA and FDEP have agreed
to extend the review period beyond the ninety (90) day statutory period
until April 30, 1995.
The decision to approve or disapprove Florida's NPDES program will
be based on the requirements of section 402 of the CWA and 40 CFR Part
123. If the Florida NPDES program is approved, the EPA Regional
Administrator will so notify the State. Notice will be published in the
Federal Register and, as of the date of program approval, EPA will
suspend issuance of NPDES permits in Florida, except for: federal
facilities, municipal separate storm sewer systems, storm water general
permits, and individual storm water permits, until FDEP assumes
permitting and enforcement authorities for these categories in the year
2000. The State's program will implement federal law and operate in
lieu of the EPA administered program. However, EPA will retain the
right to object to NPDES permits proposed to be issued by the FDEP. If
the EPA Regional Administrator disapproves Florida's NPDES program, the
Regional Administrator will notify the FDEP of the reasons for
disapproval and of any revisions or modification to the program which
are necessary to obtain approval.
The Florida submittal may be reviewed during normal business hours,
Monday through Friday, excluding holidays, by the public at the Florida
FDEP and EPA offices at the address appearing earlier in this Notice
and at the following FDEP District offices: Northwest District Office,
160 Governmental Center, Pensacola, Florida, 32501-5794; Southwest
District, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8218;
Northeast District, 7825 Baymeadows Way, Suite 200B, Jacksonville,
Florida, 32256-7577; Central District, 3319 Maguire Blvd., Suite 232,
Orlando, Florida, 32803-3767; South District, 2295 Victoria Ave., Suite
364, Fort Myers, Florida, 33901, and the Southeast District, 1900 S.
Congress Ave., Suite A, West Palm Beach, Florida, 33406. [[Page 5391]]
Public hearings to consider Florida's request to administer the
NPDES permit program have been scheduled as shown at the beginning of
this Notice. The Hearing Panel will include representatives of EPA
Region IV and the Florida FDEP.
The following are policies and procedures which shall be observed
at the public hearings:
1. The Presiding Officer shall conduct the hearing in a manner
which will allow all interested persons wishing to make oral statements
an opportunity to do so; however, the Presiding Officer may inform
attendees of any time limits during the opening statement of the
hearings.
2. Any person may submit written statements or documents for the
record.
3. The Presiding Officer may, in his discretion, exclude oral
testimony if such testimony is overly repetitious of previous testimony
or is not relevant to the decision to approve or require revision of
the submitted State program.
4. The transcript taken at the hearing, together with copies of all
submitted statements and documents, shall become a part of the record
submitted to the Regional Administrator.
5. The hearing record shall be left open until the deadline for
receipt of comments specified at the beginning of this Notice to allow
any person time to submit additional written statement or to present
views or evidence tending to rebut testimony presented at the public
hearing.
Hearing statements may be oral or written. Written copies of oral
statements are urged for accuracy of the record and for use of the
Hearing Panel and other interested persons. Statements should summarize
any extensive written materials. All comments received by EPA Region IV
by the deadline for receipt of comments, or presented at the public
hearing, will be considered by EPA before taking final action on the
Florida request for NPDES program approval.
Regulatory Flexibility Act
After review of the facts presented in this document, I hereby
certify, pursuant to the provisions of 5 U.S.C. 605(b), that this
notice of Florida's application to administer the NPDES program will
not have a significant impact on a substantial number of small
entities. The approval of the Florida NPDES permit program would merely
transfer responsibilities for administration of the NPDES permit
program from Federal to State government.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-1862 Filed 1-26-95; 8:45 am]
BILLING CODE 6560-5O-P
