39087
Federal
Register
/
Vol.
68,
No.
126
/
Tuesday,
July
1,
2003
/
Notices
http://
www.
epa.
gov/
osp/
spc/
2polprog.
htm.
To
obtain
a
written
copy
of
the
``
Assessment
Factors
Document'',
you
may
contact
either
of
the
individuals
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

Elaine
Stanley,
Director,
Office
of
Information
Analysis
and
Access,
Office
of
Environmental
Information.
[
FR
Doc.
03
 
16328
Filed
6
 
30
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7520
 
7]

Final
National
Pollutant
Discharge
Elimination
System
(
NPDES)
General
Permit
for
Storm
Water
Discharges
From
Construction
Activities
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice
of
final
issuance.

SUMMARY:
EPA
Regions
1,
2,
3,
5,
6,
7,
8,
9,
and
10
today
are
issuing
EPA's
final
NPDES
general
permit
for
discharges
from
large
and
small
construction
activities.
Hereinafter,
the
terms
``
permit''
or
``
construction
general
permit''
or
``
CGP''
will
replace
``
permits.''
Today's
permit
will
replace
the
existing
permit
covering
large
construction
sites
in
EPA
Regions
1,
2,
3,
7,
8,
9
and
10
that
expired
on
February
17,
2003
and
the
permit
covering
large
construction
sites
in
EPA
Region
6
that
expires
July
6,
2003.
Today's
permit
covers
large
construction
sites
in
EPA
Region
5.
In
addition,
today's
permit
incorporates
coverage
of
small
construction
activity
in
EPA
Regions
1,
2,
3,
5,
6,
7,
8,
9,
and
10.
State
Coastal
Zone
Management
Act
(
CZMA)
certification
was
not
received
from
Massachusetts
in
time
for
that
state
to
be
included
in
this
permit.
As
such,
large
construction
activities
in
Massachusetts
covered
under
the
1998
permit
will
continue
to
be
covered
under
that
permit.
Today's
permit
is
similar
to
the
1998
permits
and
will
authorize
the
discharge
of
pollutants
in
storm
water
runoff
associated
with
construction
activities
in
accordance
with
the
terms
and
conditions
described
therein.
DATES:
The
effective
date
of
this
permit
is
July
1,
2003.
The
permit
will
expire
five
years
from
the
effective
date.
ADDRESSES:
The
administrative
record
is
available
for
inspection
and
copying
at
the
Water
Docket,
located
at
the
EPA
Docket
Center
in
the
basement
of
the
EPA
West
Building,
Room
B
 
102,
at
1301
Constitution
Ave.,
NW.,
Washington,
DC.

FOR
FURTHER
INFORMATION
CONTACT:
For
further
information
on
the
final
permit,
the
permit's
Notice
of
Intent
(
NOI)
or
Notice
of
Termination
(
NOT)
requirements,
visit
EPA's
website
at
http://
www.
epa.
gov/
npdes/
stormwater/
cgp,
contact
the
appropriate
EPA
Regional
Office
listed
in
I.
B.,
or
contact
Jack
Faulk,
Office
of
Wastewater
Management,
Office
of
Water,
EPA
Headquarters
at
tel.:
(
202)
564
 
0768
or
email
at
faulk.
jack@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
How
Can
I
Get
Copies
of
This
Document
and
Other
Related
Information?

1.
Permit.
Copies
of
the
permit,
permit
fact
sheet,
and
the
Response
to
Comments
document
may
be
downloaded
from
EPA's
website
at
http://
www.
epa.
gov/
npdes/
stormwater/
cgp.
2.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OW
 
2002
 
0055.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
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
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
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.
3.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
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
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.
B.
Who
Are
the
EPA
Regional
Contacts
for
This
Permit?

For
EPA
Region
1,
contact
Thelma
Murphy
at
tel.:
(
617)
918
 
1615
or
e­
mail
at
murphy.
thelma@
epa.
gov.
For
EPA
Region
2,
contact
Karen
O'Brien
at
tel.:
(
212)
637
 
3717
or
e­
mail
at
obrien.
karen@
epa.
gov
or
for
Puerto
Rico,
Sergio
Bosques
at
tel.:
(
787)
977
 
5838
or
e­
mail
at
bosques.
sergio@
epa.
gov.
For
EPA
Region
3,
contact
William
Toffel
at
tel.:
(
215)
814
 
5706
or
toffel.
william@
epa.
gov.
For
EPA
Region
5,
contact
Brian
Bell
at
tel.:
(
312)
886
 
0981
or
e­
mail
at
bell.
brianc@
epa.
gov.
For
EPA
Region
6,
contact
Brent
Larsen
at
tel.:
(
214)
665
 
7523
or
e­
mail
at
larsen.
brent@
epa.
gov.
For
EPA
Region
7,
contact
Mark
Matthews
at
tel.:
(
913)
551
 
7635
or
email
at
matthews.
mark@
epa.
gov.
For
EPA
Region
8,
contact
Greg
Davis
at
tel.:
(
303)
312
 
6082
or
e­
mail
at
davis.
gregory@
epa.
gov.
For
EPA
Region
9,
contact
Eugene
Bromley
at
tel.:
(
415)
972
 
3510
or
email
at
bromley.
eugene@
epa.
gov.
For
EPA
Region
10,
contact
Misha
Vakoc
at
tel.:
(
206)
553
 
6650
or
e­
mail
at
vakoc.
misha@
epa.
gov.

II.
Background
A.
Statutory
and
Regulatory
History
Section
405
of
the
Water
Quality
Act
of
1987
(
WQA)
added
section
402(
p)
of
the
Clean
Water
Act
(
CWA),
which
directed
EPA
to
develop
a
phased
approach
to
regulate
storm
water
discharges
under
the
NPDES
program.
EPA
published
a
final
regulation
on
the
first
phase
of
this
program
on
November
16,
1990,
establishing
permit
application
requirements
for
``
storm
water
discharges
associated
with
industrial
activity.''
EPA
defined
the
term
``
storm
water
discharge
associated
with
industrial
activity''
in
a
comprehensive
manner
to
cover
a
wide
variety
of
facilities.
Construction
activities
that
disturb
at
least
five
acres
of
land
and
have
point
source
discharges
to
waters
of
the
U.
S.
were
included
in
the
definition
of
``
industrial
activity''
pursuant
to
40
CFR
122.26(
b)(
14)(
x).
Phase
II
of
the
storm
water
program
was
published
in
the
Federal
Register
on
December
8,
1999.
Phase
II
includes
sites
disturbing
equal
to
or
greater
than
one
acre
and
less
than
five
acres
as
well
as
sites
less
than
one
acre
of
total
land
area
that
are
part
of
a
larger
common
plan
of
development
or
sale
if
the
larger
common
plan
will
ultimately
disturb
equal
to
or
greater
than
one
and
less
than
five
acres.
Small
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/
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No.
126
/
Tuesday,
July
1,
2003
/
Notices
construction
activity
is
defined
per
40
CFR
122.26(
b)(
15)(
i).
In
developing
the
Phase
II
storm
water
regulations,
EPA
conducted
an
analysis
of
the
potential
impacts
of
the
regulation
on
the
National
economy
and
also
analyzed
impacts
on
small
businesses.
These
impacts
focused
on
implementation
of
sediment
and
erosion
control
practices
or
best
management
practices
to
reduce
pollutants
commonly
associated
with
construction
storm
water
discharges.
In
performing
these
analyses,
EPA
considered
affected
industrial
sectors,
including
the
oil
and
gas
industry.
Initially,
EPA
determined
that
few,
if
any
oil
and
gas
exploration
sites
would
be
affected
by
Phase
II
and
impacts
on
the
accuracy
of
Phase
II
rule
cost
estimates
were
unlikely
to
be
significant.
Therefore,
EPA
did
not
include
oil
and
gas
exploration
sites
in
the
Final
Draft
of
the
Economic
Analysis
of
the
Phase
II
Final
Rule.
Since
rule
promulgation,
EPA
has
become
aware
that
close
to
30,000
oil
and
gas
sites
may
be
affected
by
the
Phase
II
storm
water
regulations.
On
March
10,
2003
(
68
FR
11325),
EPA
postponed
the
permit
requirement
for
small
oil
and
gas
small
construction
activity
from
March
10,
2003,
to
March
10,
2005.
During
the
two­
year
postponement,
EPA
plans
to
work
with
states,
industry,
and
other
entities
to
gather
and
evaluate
data
on
the
development
and
use
of
appropriate
best
management
practices
for
the
oil
and
gas
industry.

B.
Summary
of
Significant
Changes
From
1998
Construction
General
Permit
This
permit
replaces
the
previous
Construction
General
Permits
which
were
issued
for
a
five­
year
term
by
various
EPA
Regions
in
February
1998
(
63
FR
7858)
and
July
1998
(
63
FR
36490).
The
organization
and
numbering
of
today's
CGP
has
been
revised
slightly
from
the
1998
CGP
to
more
clearly
present
permittee
responsibilities.
In
addition,
following
is
a
list
of
significant
changes
included
in
the
CGP
as
compared
to
the
February
1998
CGP.
These
changes
are
discussed
in
more
detail
in
the
CGP
fact
sheet.
1.
Change
in
Permit
Areas
Covered.
i.
Additions.
a.
Indian
Country
within
the
States
of
Michigan,
Wisconsin,
and
Minnesota,
Louisiana,
Oklahoma,
New
Mexico,
and
Texas,
b.
State
of
New
Mexico,
c.
Discharges
in
the
State
of
Oklahoma
that
are
not
under
the
authority
of
the
Oklahoma
Department
of
Environmental
Quality,
including
activities
associated
with
oil
and
gas
exploration,
drilling,
operations,
and
pipelines
(
includes
SIC
Groups
13
and
46,
and
SIC
Codes
492
and
5171),
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
(
includes
SIC
Groups
01,
02,
07,
08,
and
09),
and
d.
Discharges
in
the
State
of
Texas
that
are
not
under
the
authority
of
the
Texas
Commission
on
Environmental
Quality
(
formerly
TNRCC),
including
activities
associated
with
the
exploration,
development,
or
production
of
oil
or
gas
or
geothermal
resources,
including
transportation
of
crude
oil
or
natural
gas
by
pipeline.
ii.
Deletions.
a.
State
of
Maine,
b.
Indian
Country,
including
disputed
areas,
within
the
State
of
Maine,
and
c.
State
of
Arizona.
2.
Permit
coverage
modified
to
include
small
construction
activities
(
those
disturbing
one
to
five
acres),
and
to
provide
waivers
for
small
construction
for
low
rainfall
erosivity,
total
maximum
daily
loads
(
TMDLs),
and
equivalent
analyses.
3.
Uncontaminated
excavation
dewatering
added
as
an
allowable
nonstorm
water
discharge.
4.
Restrictions
and
documentation
requirements
added
for
discharges
to
waters
with
TMDLs,
and
procedures
included
for
addressing
attainment
of
water
quality
standards.
5.
State
and
county
Endangered
Species
Act
(
ESA)
appendix
of
Federally­
listed
or
proposed
species
removed.
6.
Discharge
authorization
procedures
and
NOI
submission
deadlines
altered
to
accommodate
new
seven­
day
ESA
reviews
of
NOIs
by
U.
S.
Fish
&
Wildlife
Service
and
National
Marine
Fisheries
Service,
and
to
account
for
ongoing
projects.
7.
Information
required
on
NOI
form
modified
to
require:
i.
Applicable
permit
number;
ii.
Internal
Revenue
Service
Employer
Identification
Number;
iii.
Methodology
for
determining
latitude
and
longitude;
iv.
Name
of
Indian
reservation
or
affiliated
Tribe;
v.
Address
of
SWPPP
location
(
changed
from
optional
to
required);
vi.
Whether
the
discharge
is
consistent
with
the
assumptions
and
requirements
of
applicable
EPA
approved
or
established
TMDLs;
and
vii.
The
specific
permit
tracking
number
of
an
operator
certifying
under
criterion
F.
8.
Language
added
to
support
the
operator's
ability
to
submit
NOIs
and
NOTs
using
EPA's
electronic
NOI
system
when
available.
9.
Procedure
clarified
for
operator
to
delineate
on
the
SWPPP
areas
of
the
project
where
no
further
requirements
apply
following
earth­
disturbing
activities
and
stabilization.
10.
Requirement
to
provide
an
estimate
of
the
site's
runoff
coefficient
for
pre­
and
post­
construction
conditions
removed.
11.
Documentation
requirements
for
ESA
eligibility
clarified.
12.
Inspection
provisions
modified
to
include
option
for
weekly
site
inspections
rather
than
biweekly
inspections
with
follow­
up
inspections
after
each
rain
event,
and
guidelines
included
for
utility
line
installation,
pipeline
construction,
and
other
linear
construction
activities.
13.
Further
clarification
provided
concerning
stabilization
requirements
for
project
areas
where
construction
has
temporarily
ceased.
14.
Additional
guidance
and
options
provided
for
adjusting
SWPPP
to
address
applicable
water
quality
standards
after
authorization.
15.
Clarification
added
that
coverage
under
an
alternative
NPDES
permit
qualifies
as
a
basis
for
submitting
an
NOT.
16.
Definitions
added
for
the
following
terms:
i.
``
Arid
Areas'';
ii.
``
Eligible'';
iii.
``
Federal
Facility'';
iv.
``
Indian
Country'';
v.
``
Large
Construction
Activity'';
vi.
``
New
Project'';
vii.
``
Ongoing
Project'';
viii.
``
Permitting
Authority'';
ix.
``
Project
Area'';
x.
``
Receiving
Water'';
xi.
``
Semi­
Arid
Areas'';
xii.
``
Site'';
xiii.
``
Small
Construction
Activity'';
xiv.
``
Storm
Water
Discharge­
Related
Activity'';
xv.
``
Total
Maximum
Daily
Load''
or
``
TMDL'';
and
xvi.
``
Wetland''.
17.
Standard
conditions
revised
consistent
with
40
CFR
122.41.

C.
Summary
of
Terms
and
Conditions
of
Final
General
Permit
1.
Discharges
Covered
Operators
of
large
and
small
construction
activities
within
the
areas
listed
below
may
be
eligible
to
obtain
coverage
under
this
permit
for
allowable
storm
water
and
non­
storm
water
discharges:
Region
1:
The
State
of
New
Hampshire;
Indian
Country
in
the
States
of
Rhode
Island
and
Connecticut;
and
Federal
facilities
in
Vermont.
(
State
Coastal
Zone
Management
Act
(
CZMA)
certification
was
not
received
from
Massachusetts
in
time
for
that
state
to
be
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/
Vol.
68,
No.
126
/
Tuesday,
July
1,
2003
/
Notices
included
in
this
permit.
As
such,
large
construction
activities
in
Massachusetts
covered
under
the
1998
CGP
will
continue
to
be
covered
under
that
permit.
EPA
will
reissue
the
CGP
for
Massachusetts
for
large
and
small
construction
activities
at
a
later
date,
and
will
include
any
state­
specific
modifications
or
additions
as
part
of
the
State's
CZMA
certification
process.)
Region
2:
The
Commonwealth
of
Puerto
Rico
and
Indian
Country
in
the
State
of
New
York.
Region
3:
District
of
Columbia;
and
Federal
facilities
in
the
State
of
Delaware.
Region
5:
Indian
Country
in
the
States
of
Michigan,
Minnesota,
and
Wisconsin,
except
the
Sokaogon
Chippewa
(
Mole
Lake)
Community.
Region
6:
The
State
of
New
Mexico;
Indian
Country
in
the
States
of
Louisiana,
Oklahoma,
Texas,
and
New
Mexico
(
except
Navajo
Reservation
Lands
(
see
Region
9)
and
Ute
Mountain
Reservation
Lands
(
see
Region
8));
discharges
in
the
State
of
Oklahoma
that
are
not
under
the
authority
of
the
Oklahoma
Department
of
Environmental
Quality,
including
activities
associated
with
oil
and
gas
exploration,
drilling,
operations,
and
pipelines
(
includes
SIC
Groups
13
and
46,
and
SIC
codes
492
and
5171),
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
(
includes
SIC
Groups
01,
02,
07,
08,
09);
and
discharges
in
the
State
of
Texas
that
are
not
under
the
authority
of
the
Texas
Commission
on
Environmental
Quality
(
formerly
the
Texas
Natural
Resource
Conservation
Commission),
including
activities
associated
with
the
exploration,
development,
or
production
of
oil
or
gas
or
geothermal
resources,
including
transportation
of
crude
oil
or
natural
gas
by
pipeline.
Region
7:
Indian
Country
in
the
States
of
Iowa,
Kansas,
and
Nebraska
(
except
Pine
Ridge
Reservation
Lands
(
see
Region
8)).
Region
8:
Federal
facilities
in
Colorado;
Indian
Country
in
Colorado
(
as
well
as
the
portion
of
the
Ute
Mountain
Reservation
located
in
New
Mexico),
Montana,
North
Dakota
(
as
well
as
that
portion
of
the
Standing
Rock
Reservation
located
in
South
Dakota
and
excluding
the
portion
of
the
lands
within
the
former
boundaries
of
the
Lake
Traverse
Reservation,
which
is
covered
under
the
permit
for
areas
of
South
Dakota),
South
Dakota
(
as
well
as
the
portion
of
the
Pine
Ridge
Reservation
located
in
Nebraska
and
the
portion
of
the
lands
within
the
former
boundaries
of
the
Lake
Traverse
Reservation
located
in
North
Dakota
and
excluding
the
Standing
Rock
Reservation
which
is
covered
under
the
permit
for
areas
of
North
Dakota),
Utah
(
except
Goshute
and
Navajo
Reservation
lands
(
see
Region
9)),
and
Wyoming.
Region
9:
The
Islands
of
American
Samoa
and
Guam,
Johnston
Atoll,
Midway/
Wake
Islands
and
Commonwealth
of
the
Northern
Mariana
Islands;
Indian
Country
in
Arizona
(
as
well
as
Navajo
Reservation
lands
in
New
Mexico
and
Utah),
California,
and
Nevada
(
as
well
as
the
Duck
Valley
Reservation
in
Idaho,
the
Fort
McDermitt
Reservation
in
Oregon,
and
the
Goshute
Reservation
in
Utah).
Region
10:
The
States
of
Alaska
and
Idaho;
Indian
Country
in
Alaska,
Idaho
(
except
Duck
Valley
Reservation
(
see
Region
9)),
Washington,
and
Oregon
(
except
for
Fort
McDermitt
Reservation
(
see
Region
9));
and
Federal
facilities
in
Washington.

2.
Limitations
on
Coverage
The
final
general
permit
includes
a
number
of
eligibility
restrictions
including:
post­
construction
discharges;
discharges
which
may
adversely
affect
endangered
or
threatened
species
and
critical
habitat;
discharges
which
may
cause
or
contribute
to
excursions
above
any
applicable
water
quality
standards;
and
discharges
that
are
inconsistent
with
applicable
approved
TMDLs.
Construction
operators
that
do
not
meet
the
eligibility
requirements
of
the
general
permit
will
be
required
to
submit
an
individual
permit
application
or
seek
coverage
under
any
alternate
general
permit,
if
available.
Eligibility
restrictions
for
discharges
that
adversely
affect
historic
properties
have
been
reserved
pending
ongoing
discussions
with
the
Advisory
Council
on
Historic
Preservation,
State
Historic
Preservation
Officers,
and
Tribal
Historic
Preservation
Officers.
EPA
may
modify
the
permit
at
a
later
date
based
on
those
discussions.

3.
Deadlines
and
Permit
Application
Process
To
obtain
discharge
authorization
under
the
final
general
permit,
dischargers
are
required
to
submit
an
NOI
requesting
discharge
authorization.
The
NOI
must
include
basic
information
about
the
construction
project
(
e.
g.,
operator
name,
site
name,
and
site
address)
and
certification
that
a
storm
water
pollution
prevention
plan
(
SWPPP)
has
been
prepared
for
the
site
describing
the
best
management
practices
that
the
discharger
will
implement
to
control
pollutants
in
the
discharges
in
accordance
with
the
requirements
of
the
CWA.
NOI
due
dates
are
as
follows:
i.
New
Projects:
The
NOI
must
be
submitted
at
least
seven
days
prior
to
commencement
of
construction
activities.
ii.
Permitted
Ongoing
Projects:
If
the
operator
previously
received
authorization
to
discharge
for
an
ongoing
project
under
the
1998
CGP,
the
NOI
must
be
submitted
within
90
days
of
the
effective
date
of
this
permit,
unless
the
permittee
is
eligible
to
submit
a
Notice
of
Termination
(
NOT)
before
the
90th
day,
provided
that
the
NOT
is
submitted
in
compliance
with
the
permit
requirements.
Until
authorized
under
this
permit,
the
operator
must
comply
with
the
terms
and
conditions
of
the
1998
CGP.
iii.
Unpermitted
Ongoing
Projects:
Due
to
the
lack
of
availability
of
this
permit
by
the
March
10,
2003
deadline
for
small
construction
activities
to
apply
for
permit
coverage
and
by
the
February
17,
2003
expiration
of
the
1998
CGP
for
large
construction
activities,
EPA
anticipates
that
a
number
of
otherwise
regulated
construction
projects
were
left
without
the
ability
to
obtain
coverage
under
a
valid
general
permit.
EPA's
Office
of
Enforcement
and
Compliance
Assurance
issued
a
memorandum
on
March
7,
2003
making
administrative
or
civil
enforcement
for
these
activities
a
low
priority
because
a
new
CGP
had
not
been
promulgated,
on
the
condition
that
affected
operators
implement
an
interim
SWPPP
and
associated
best
management
practices
until
the
new
permit
is
available.
For
this
class
of
operators,
which
did
not
previously
receive
authorization
to
discharge
for
an
ongoing
project
under
the
1998
CGP,
the
NOI
must
be
submitted
within
90
days
of
the
effective
date
of
this
permit,
unless
the
permittee
is
eligible
to
submit
a
Notice
of
Termination
(
NOT)
before
the
90th
day.
Until
authorized
under
this
permit,
the
operator
must
comply
with
an
interim
SWPPP
consistent
with
the
1998
CGP.

4.
Storm
Water
Pollution
Prevention
Plans
The
final
general
permit
requires
that
all
operators
covered
by
the
permit
develop
and
implement
a
SWPPP.
The
SWPPP
is
the
principal
means
through
which
dischargers
comply
with
the
CWA's
requirement
to
control
pollutants
in
their
discharges.
All
SWPPPs
are
required
to
be
developed
in
accordance
with
sound
engineering
practices
and
developed
specific
to
the
site.
These
SWPPPs
are
required
to
be
prepared
prior
to
commencement
of
construction
activities
and
then
updated
as
appropriate.
Specific
elements
to
be
addressed
in
the
SWPPP
include:

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/
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1,
2003
/
Notices
i.
Pollution
Prevention
Plan
Contents:
Site
and
Activity
Description,
ii.
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants,
iii.
Non
Storm
Water
Discharge
Management,
iv.
Maintenance
of
Controls,
v.
Documentation
of
Permit
Eligibility
Related
to
Endangered
Species,
vi.
Copy
of
Permit
Requirements,
vii.
Applicable
State,
Tribal,
or
Local
Programs,
viii.
Inspections,
ix.
Maintaining
an
Updated
Plan,
x.
Signature,
Plan
Review
and
Making
Plans
Available,
xi.
Management
Practices,
and
xii.
Documentation
of
Permit
Eligibility
Related
to
Total
Maximum
Daily
Loads.

5.
Permit
Appeal
Procedures
Within
120
days
following
notice
of
EPA's
final
decision
for
the
general
permit
under
40
CFR
124.15,
any
interested
person
may
appeal
the
permit
in
the
Federal
Court
of
Appeals
in
accordance
with
Section
509(
b)(
1)
of
the
CWA.
Persons
affected
by
a
general
permit
may
not
challenge
the
conditions
of
a
general
permit
as
a
right
in
further
Agency
proceedings.
They
may
instead
either
challenge
the
general
permit
in
court,
or
apply
for
an
individual
permit
as
specified
at
40
CFR
122.21
(
and
authorized
at
40
CFR
122.28),
and
then
petition
the
Environmental
Appeals
Board
to
review
any
conditions
of
the
individual
permit
(
40
CFR
124.19
as
modified
on
May
15,
2000,
65
FR
30886).

III.
Executive
Order
12866
Under
Executive
Order
12866
(
58
FR
51735
(
October
4,
1993))
the
Agency
must
determine
whether
the
regulatory
action
is
``
significant''
and
therefore
subject
to
OMB
review
and
the
requirements
of
the
Executive
Order.
The
Order
defines
``
significant
regulatory
action''
as
one
that
is
likely
to
result
in
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
Tribal
governments
or
communities;
(
2)
create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
OMB
has
exempted
review
of
NPDES
general
permits
under
the
terms
of
Executive
Order
12866.

IV.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
(
RFA)
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedures
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
Issuance
of
an
NPDES
general
permit
is
not
subject
to
rulemaking
requirements,
under
APA
section
553
or
any
other
law,
and
is
thus
not
subject
to
the
RFA
requirements.
The
APA
defines
two
broad,
mutually
exclusive
categories
of
agency
action
 
`
`
rules''
and
``
orders.''
Its
definition
of
``
rule''
encompasses
``
an
agency
statement
of
general
or
particular
applicability
and
future
effect
designed
to
implement,
interpret,
or
prescribe
law
or
policy
or
describing
the
organization,
procedure,
or
practice
requirements
of
an
agency
*
*
*''
APA
section
551(
4).
Its
definition
of
``
order''
is
residual:
``
a
final
disposition
*
*
*
of
an
agency
in
a
matter
other
than
rule
making
but
including
licensing.''
APA
section
551(
6)
(
emphasis
added).
The
APA
defines
``
license''
to
``
include
*
*
*
an
agency
permit
*
*
*''
APA
section
551(
8).
The
APA
thus
categorizes
a
permit
as
an
order,
which
by
the
APA's
definition
is
not
a
rule.
Section
553
of
the
APA
establishes
``
rule
making''
requirements.
The
APA
defines
``
rule
making''
as
``
the
agency
process
for
formulating,
amending,
or
repealing
a
rule.''
APA
section
551(
5).
By
its
terms,
then,
section
553
applies
only
to
``
rules''
and
not
also
to
``
orders,''
which
include
permits.

V.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
``
regulatory
actions''
on
State,
local,
and
tribal
governments
and
the
private
sector.
UMRA
uses
the
term
``
regulatory
actions''
to
refer
to
regulations.
(
See,
e.
g.,
UMRA
section
201,
``
Each
agency
shall
*
*
*
assess
the
effects
of
Federal
regulatory
actions
*
*
*
(
other
than
to
the
extent
that
such
regulations
incorporate
requirements
specifically
set
forth
in
law)''
(
emphasis
added)).
UMRA
section
102
defines
``
regulation''
by
reference
to
2
U.
S.
C.
658
which
in
turn
defines
``
regulation''
and
``
rule''
by
reference
to
section
601(
2)
of
the
Regulatory
Flexibility
Act
(
RFA).
That
section
of
the
RFA
defines
``
rule''
as
``
any
rule
for
which
the
agency
publishes
a
notice
of
proposed
rulemaking
pursuant
to
section
553(
b)
of
(
the
Administrative
Procedure
Act
(
APA)),
or
any
other
law.
*
*
*''
As
discussed
in
the
RFA
section
of
this
notice,
NPDES
general
permits
are
not
``
rules''
under
the
APA
and
thus
not
subject
to
the
APA
requirement
to
publish
a
notice
of
proposed
rulemaking.
NPDES
general
permits
are
also
not
subject
to
such
a
requirement
under
the
CWA.
While
EPA
publishes
a
notice
to
solicit
public
comment
on
draft
general
permits,
it
does
so
pursuant
to
the
CWA
section
402(
a)
requirement
to
provide
``
an
opportunity
for
a
hearing.''
Thus,
NPDES
general
permits
are
not
``
rules''
for
RFA
or
UMRA
purposes.

VI.
Paperwork
Reduction
Act
EPA
has
reviewed
the
requirements
imposed
on
regulated
facilities
resulting
from
the
final
construction
general
permit
under
the
Paperwork
Reduction
Act
of
1980,
44
U.
S.
C.
3501
et
seq.
The
information
collection
requirements
of
the
construction
general
permit
for
large
construction
activities
have
already
been
approved
by
the
Office
of
Management
and
Budget
(
OMB)
(
OMB
Control
No.
2040
 
0188)
in
previous
submissions
made
for
the
NPDES
permit
program
under
the
provisions
of
the
Clean
Water
Act.
Information
collection
requirements
of
the
construction
general
permit
for
small
construction
activities
were
submitted
to
OMB
(
OMB
Control
No.
2040
 
0211)
for
review
and
approval
and
will
be
published
in
a
separate
Federal
Register
Notice.

1.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
24,
2003.
Linda
M.
Murphy,
Director,
Office
of
Ecosystem
Protection,
Region
1.
2.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Kevin
Bricke,
Acting
Director,
Division
of
Environmental
Planning
and
Protection,
Region
2.
3.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
20,
2003.
Carlos
E.
O'Neill,
Acting
Division
Director,
Caribbean
Environmental
Protection
Division,
Region
2.
4.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Jon
M.
Capacasa,

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/
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1,
2003
/
Notices
Director,
Water
Protection
Division,
Region
3.
5.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Rebecca
L.
Harrvey,
Chief,
NPDES
Programs
Branch,
Region
5.
6.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
20,
2003.
Miguel
I.
Flores,
Director,
Water
Quality
Protection
Division,
Region
6.
7.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Leo
J.
Alderman,
Director,
Water,
Wetlands,
and
Pesticides
Division,
Region
7.
8.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Stephen
S.
Tuber,
Assistant
Regional
Administrator,
Office
of
Partnerships
and
Regulatory
Assistance,
Region
8.
9.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
20,
2003.
Nancy
Woo,
Acting
Director,
Water
Division,
Region
9.
10.
Authority:
Clean
Water
Act,
33
U.
S.
C.
1251
et
seq.
Dated:
June
23,
2003.
Randall
F.
Smith,
Director,
Office
of
Water,
Region
10.
[
FR
Doc.
03
 
16575
Filed
6
 
26
 
03;
2:
11
pm]

BILLING
CODE
6560
 
50
 
P
EXPORT­
IMPORT
BANK
Sunshine
Act
Meeting
ACTION:
Notice
of
a
partially
open
meeting
of
the
Board
of
Directors
of
the
Export­
Import
Bank
of
the
United
States.

TIME
AND
PLACE:
Thursday,
July
3,
2003
at
9:
30
a.
m.
The
meeting
will
be
held
at
Ex­
Im
Bank
in
Room
1143,
811
Vermont
Avenue,
NW.,
Washington,
DC
20571.

OPEN
AGENDA
ITEM:
Transportation
Security
Export
Program.

PUBLIC
PARTICIPATION:
The
meeting
will
be
open
to
public
participation
for
Item
No.
1
only.

FOR
FURTHER
INFORMATION
CONTACT:
For
further
information,
contact:
Office
of
the
Secretary,
811
Vermont
Avenue,
NW.,
Washington,
DC
20571
(
Telephone
No.
202
 
565
 
3957).

Peter
B.
Saba,
General
Counsel.
[
FR
Doc.
03
 
16729
Filed
6
 
27
 
03;
2:
04
pm]

BILLING
CODE
6690
 
01
 
M
FEDERAL
RESERVE
SYSTEM
Formations
of,
Acquisitions
by,
and
Mergers
of
Bank
Holding
Companies
The
companies
listed
in
this
notice
have
applied
to
the
Board
for
approval,
pursuant
to
the
Bank
Holding
Company
Act
of
1956
(
12
U.
S.
C.
1841
et
seq.)
(
BHC
Act),
Regulation
Y
(
12
CFR
Part
225),
and
all
other
applicable
statutes
and
regulations
to
become
a
bank
holding
company
and/
or
to
acquire
the
assets
or
the
ownership
of,
control
of,
or
the
power
to
vote
shares
of
a
bank
or
bank
holding
company
and
all
of
the
banks
and
nonbanking
companies
owned
by
the
bank
holding
company,
including
the
companies
listed
below.
The
applications
listed
below,
as
well
as
other
related
filings
required
by
the
Board,
are
available
for
immediate
inspection
at
the
Federal
Reserve
Bank
indicated.
The
application
also
will
be
available
for
inspection
at
the
offices
of
the
Board
of
Governors.
Interested
persons
may
express
their
views
in
writing
on
the
standards
enumerated
in
the
BHC
Act
(
12
U.
S.
C.
1842(
c)).
If
the
proposal
also
involves
the
acquisition
of
a
nonbanking
company,
the
review
also
includes
whether
the
acquisition
of
the
nonbanking
company
complies
with
the
standards
in
section
4
of
the
BHC
Act
(
12
U.
S.
C.
1843).
Unless
otherwise
noted,
nonbanking
activities
will
be
conducted
throughout
the
United
States.
Additional
information
on
all
bank
holding
companies
may
be
obtained
from
the
National
Information
Center
Web
site
at
www.
ffiec.
gov/
nic/.
Unless
otherwise
noted,
comments
regarding
each
of
these
applications
must
be
received
at
the
Reserve
Bank
indicated
or
the
offices
of
the
Board
of
Governors
not
later
than
July
25,
2003.
A.
Federal
Reserve
Bank
of
Philadelphia
(
Michael
E.
Collins,
Senior
Vice
President)
100
North
6th
Street,
Philadelphia,
Pennsylvania
19105­
1521:
1.
Pebblespring
Holding
Company,
Berwyn,
Pennsylvania;
to
become
a
bank
holding
company
by
acquiring
100
percent
of
the
voting
shares
of
Eagle
National
Bank,
Upper
Darby,
Pennsylvania.
B.
Federal
Reserve
Bank
of
Atlanta
(
Sue
Costello,
Vice
President)
1000
Peachtree
Street,
N.
E.,
Atlanta,
Georgia
30303:
1.
The
Desjardins
Group,
Montreal,
Quebec,
Canada;
Desjardins
FSB
Holdings,
Inc.,
Wilmington,
Delaware;
La
Caisse
centrale
Desjardins
de
Quebec,
Montreal,
Canada;
Federation
de
caisses
Desjardins
du
Quebec,
Levis,
Quebec,
Canada;
to
become
bank
holding
companies
by
acquiring
100
percent
of
the
voting
shares
of
Desjardins
Bank,
N.
A.,
Hallandale,
Florida,
upon
is
conversion
from
a
federal
savings
bank,
Desjardins
Federal
Savings
Bank,
Hallandale,
Florida.
C.
Federal
Reserve
Bank
of
Minneapolis
(
Richard
M.
Todd,
Vice
President
and
Community
Affairs
Officer)
90
Hennepin
Avenue,
Minneapolis,
Minnesota
55480­
0291:
1.
Allied
Equity
Holding
Corporation,
Denver,
Colorado;
to
become
a
bank
holding
company
by
acquiring
100
percent
of
the
voting
shares
of
Western
Dakota
Holding
Company,
Timber
Lake,
South
Dakota,
and
thereby
indirectly
acquire
Western
Dakota
Bank,
Timber
Lake,
South
Dakota.
D.
Federal
Reserve
Bank
of
Dallas
(
W.
Arthur
Tribble,
Vice
President)
2200
North
Pearl
Street,
Dallas,
Texas
75201­
2272:
1.
Industry
Bancshares,
Inc.,
Industry,
Texas;
to
acquire
100
percent
of
the
voting
shares
of
Fayetteville
Bancshares,
Inc.,
Fayetteville,
Texas,
and
thereby
indirectly
acquire
voting
shares
of
Fayetteville
Bank,
Fayetteville,
Texas.

Board
of
Governors
of
the
Federal
Reserve
System,
June
25,
2003.
Robert
deV.
Frierson,
Deputy
Secretary
of
the
Board.
[
FR
Doc.
03
 
16526
Filed
6
 
30
 
03;
8:
45
am]

BILLING
CODE
6210
 
01
 
S
FEDERAL
RESERVE
SYSTEM
Notice
of
Proposals
to
Engage
in
Permissible
Nonbanking
Activities
or
to
Acquire
Companies
that
are
Engaged
in
Permissible
Nonbanking
Activities
The
companies
listed
in
this
notice
have
given
notice
under
section
4
of
the
Bank
Holding
Company
Act
(
12
U.
S.
C.
1843)
(
BHC
Act)
and
Regulation
Y
(
12
CFR
Part
225)
to
engage
de
novo,
or
to
acquire
or
control
voting
securities
or
assets
of
a
company,
including
the
companies
listed
below,
that
engages
either
directly
or
through
a
subsidiary
or
other
company,
in
a
nonbanking
activity
that
is
listed
in
§
225.28
of
Regulation
Y
(
12
CFR
225.28)
or
that
the
Board
has
determined
by
Order
to
be
closely
related
to
banking
and
permissible
for
bank
holding
companies.
Unless
otherwise
noted,
these
activities
will
be
conducted
throughout
the
United
States.
Each
notice
is
available
for
inspection
at
the
Federal
Reserve
Bank
indicated.
The
notice
also
will
be
available
for
inspection
at
the
offices
of
the
Board
of
Governors.
Interested
persons
may
express
their
views
in
writing
on
the
question
whether
the
proposal
complies
with
the
standards
of
section
4
of
the
BHC
Act.
Additional
information
on
all
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16:
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