
[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]               
[Page 80388-80389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8759-3]

 
Notice of Availability of Preliminary Residual Desigination of 
Certain Storm Water Discharges in the State of Maine Under the National 
Pollutant Discharge Elimination System of the Clean Water Act

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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SUMMARY: The Regional Administrator of the Environmental Protection 
Agency's (EPA) New England Regional Office is providing notice of 
availability of a preliminary determination that certain storm water 
discharges in the Long Creek watershed located in South Portland, 
Westbrook, Scarborough, and Portland, Maine will be required to obtain 
permit coverage under the National Pollutant Discharge Elimination 
System (NPDES) permits under the Clean Water Act. EPA is seeking public 
comment on the nature and scope of this preliminary residual 
designation. The period for comment on this preliminary residual 
designation will remain open until the close of the public comment 
period on any NPDES general or individual permit related to this 
preliminary residual designation. However, EPA strongly encourages 
interested parties to submit their comments within 45 days of the 
commencement of the comment period, after which EPA intends to review 
this preliminary residual designation and to decide whether to make any 
changes to it. It is EPA's intention to make a final residual 
designation following the close of the comment period on any associated 
NPDES permit. Copies of the preliminary residual designation are 
available for inspection online and in hardcopy as described elsewhere 
in this notice document.

DATES: Comments must be submitted on or before February 17, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2008-0910 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: bridge.jennie@epa.gov.
     Mail and hand delivery: U.S. Environmental Protection 
Agency, New England Region, One Congress Street, Suite 1100, Mail code 
CWQ, Boston, MA 02114-2023. Deliveries are only accepted during the 
Regional Office's normal hours of operation (8 a.m. to 5 p.m., Monday 
through Friday, excluding legal holidays), and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2008-0910. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, New England Region, One Congress Street, Suite 1100, 
Boston, Massachusetts. To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jennie Bridge, EPA New England Region, 
One Congress Street, Suite 1100, Mail code CWQ, (617) 918-1685, 
bridge.jennie@epa.gov.

SUPPLEMENTARY INFORMATION: The Regional Administrator of EPA's New 
England Regional Office is providing notice of availability of a 
preliminary determination that certain storm water discharges in the 
Long Creek watershed located in South Portland, Westbrook, Scarborough, 
and Portland, Maine will be required to obtain NPDES permits. Under 
Clean Water Act (CWA) Section 402(p), 33 U.S.C. 1342(p), Congress 
required the EPA to establish permitting requirements for certain storm 
water discharges. In addition, CWA Sections 402(p)(2)(E) and 402(p)(6) 
and implementing regulations at 40 CFR 122.26 (a)(9)(i)(D) provide that 
the EPA Regional Administrator may designate additional storm water 
discharges as requiring NPDES permits where he determines that the 
discharge, or category of discharges within a geographic area, 
contributes to a violation of a water quality standard or is a 
significant contributor of pollutants to waters of the United States.
    The EPA Regional Administrator for the New England Region has made 
a preliminary determination pursuant to Section 402(p) of the Clean 
Water Act and 40 CFR 122.26 (9)(i)(D) that storm water controls and 
NPDES permits are needed for discharges to waters of the United States 
from impervious surfaces equal to or greater than one acre in the Long 
Creek watershed located in South Portland, Westbrook, Scarborough, and 
Portland, Maine. Details of the preliminary determination are available 
in the preliminary residual designation document. This document may be 
viewed on the EPA New England Regional Office's Web page http://
www.epa.gov/region01/npdes/stormwater/assets/pdfs/LongCreekRD.pdf and 
at http://www.regulations.gov. Ancillary materials may be viewed at the 
EPA New England Regional Office's Web page http://www.epa.gov/region01/
npdes/stormwater/index.html.


[[Page 80389]]


    Dated: December 16, 2008.
Robert W. Varney,
Regional Administrator, New England Region.
 [FR Doc. E8-31178 Filed 12-30-08; 8:45 am]

BILLING CODE 6560-50-P
