C. Operators with Control Over a Portion of a Larger Project If an operator is responsible for only a portion of a larger construction project he or she must maintain compliance with all applicable terms and conditions of this general permit for that portion of the project. This includes protection of endangered species and historic properties as well as implementation of BMPs and controls required by the SWPPP. Operators have the option of developing and implementing either a comprehensive SWPPP, that covers all operators at the construction site, or an individual SWPPP, covering only an individual operator's portion of the site ( provided reference is made to the other operators of the site). Operators are encouraged to develop a comprehensive SWPPP to enhance cost sharing and coordination of BMPs. If operators choose to develop individual plans, cooperation between the permittees is encouraged to ensure storm water discharge controls are consistent between the sites. Regardless of development of an individual or comprehensive SWPPP, operators must ensure that individual activities do not negatively impact another operator's pollution controls.

3.3 Pollution Prevention Plan Contents: Site and Activity Description A. Identification of Operators. The SWPPP must identify all operators of the project site, and the areas of the site over which each operator has control. This information should identify clearly the boundaries of each operator's responsibility.

B. Site Description. The SWPPP must be based on an accurate assessment of the potential for generating and discharging pollutants from the site. Hence, the permit requires a description of the site and intended construction activities in the SWPPP ( to provide a better understanding of site runoff characteristics). At a minimum, the SWPPP must describe the nature of the construction activity, including:

  The function of the project ( e. g., low density residential, shopping mall, highway, etc.);

  The intended significant activities, presented sequentially, that disturb soil over major portions of the site ( e. g., grubbing, excavation, grading);

  Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading or other activities, including off site borrow/ fill areas. It may be preferable to separately describe portions of the site as they are disturbed at different stages of the construction process; and Small and Large Construction Activities 25 Fact Sheet   A general location map able to identify the location of the activity and the waters of the United States within one mile of the activity.

C. Legible Site Map. The SWPPP must contain a legible site map indicating: ( 1) Anticipated drainage patterns and slopes after major grading activities; ( 2) areas of soil disturbance and areas that will not be disturbed; ( 3) locations of major structural and nonstructural controls identified in the plan; ( 4) locations of planned stabilization measures; ( 5) off site locations of equipment storage, material storage, waste storage and borrow/ fill areas; ( 6) locations of surface waters ( including wetlands); and ( 7) locations of discharge points to surface waters; and ( 8) if applicable, locations where final stabilization has been accomplished and no further construction phase permit requirements apply. Site maps should also include other major features and potential pollutant sources, such as locations of impervious structures and soil storage piles.

D. Other Industrial Activities. The SWPPP must provide a description of any discharge associated with industrial activity other than construction ( including storm water discharges from dedicated asphalt plants, concrete plants, etc.) and the location of that activity on the construction site.

3.4 Pollution Prevention Plan Contents: Controls to Reduce Pollutants A. The SWPPP must describe the practices that will be used to reduce the pollutants in storm water discharges from the site and assure compliance with the terms and conditions of the permit.

The SWPPP must describe the intended sequence of major storm water control activities and when, in relation to the construction process, they will be implemented. EPA recognizes that many factors can impact the actual construction schedule, so the permittee need not include specific dates ( e. g. plan could say install silt fence for area " A" before rough grading, rather than put up silt fences on August 15). Good site planning and preservation of mature vegetation are imperative for controlling pollution in storm water discharges both during and after construction activities. Properly staging major earth disturbing activities can also dramatically decrease the costs of sediment and erosion controls.

B. Stabilization practices are critical to preventing erosion. The SWPPP must include a description of interim and permanent stabilization practices, including a schedule of their implementation. The permittee should ensure that existing vegetation is preserved wherever possible and that disturbed portions of the site are stabilized as quickly as practicable. Stabilization practices include seeding of temporary vegetation, seeding of permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, preservation of trees and mature vegetative buffer strips, and other appropriate measures. Temporary stabilization can be the single most important factor in reducing erosion at construction sites.

Stabilization also involves preserving and protecting selected trees on the site prior to development. Mature trees have extensive canopy and root systems, which help to hold soil in place. Shade trees also keep soil from drying rapidly and becoming susceptible to erosion. Measures taken to protect trees can vary significantly, from simple ones such as installing tree armoring and fencing around the drip line, to more complex measures such as building retaining walls and tree wells.

C. The SWPPP requires that specific construction dates be documented and maintained as a way for the construction operator as well as EPA to determine applicability and implementation status of SWPPP requirements. Important dates include when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated.

D. The SWPPP must include a description of structures built to divert flows from exposed soils, and store or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Structural controls may be necessary because vegetative controls cannot be employed where soil is continually disturbed and because of the lag time before vegetation becomes effective. Options for such controls include silt fences, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, sediment traps, reinforced soil retaining systems, gabions and temporary or permanent sediment basins. Placement of structural controls in flood plains should be avoided.

E. The SWPPP must include a description of any post construction storm water management measures. This permit, however, addresses only the installation of these measures; not the ongoing operation and maintenance of them after cessation of construction activities and final stabilization. Permittees are responsible only for the installation and maintenance of storm water management measures until final stabilization of the site. When selecting storm water management measures, the operator should consider the amount of required maintenance and whether there will be adequate resources for maintaining them over the longer term.

Small and Large Construction Activities 26 Fact Sheet Some discharges of pollutants from post construction storm water management structures may need to be authorized under an NPDES permit ( e. g., the construction project was an industrial facility in a sector covered by the NPDES multi sector general permit). The owner/ operator of such discharges may ask EPA if this requirement applies to them.

Storm water management measures installed during the construction process can control the volume and velocity of runoff, as well as reduce the quantity of pollutants discharged post construction. Reductions in peak discharge velocity and volume can reduce pollutant loads as well as diminish physical impacts such as stream bank erosion and stream bed scour. Storm water management measures that mitigate changes to pre development runoff characteristics assist in protecting and maintaining the physical and biological characteristics of receiving streams and wetlands.

Structural measures should be installed on upland areas to the extent feasible. The installation of such measures may be subject to section 404 of the CWA if they will be located in wetlands or other waters of the United States.

Options for storm water management measures that should be evaluated when you develop plans include:

  On site infiltration of precipitation;

  Flow attenuation by use of open vegetated swales and natural depressions;

  Storm water retention/ detention structures ( including wet ponds); and   Sequential systems using multiple methods.

The SWPPP should include an explanation of the technical basis used to select control measures, where flows exceed pre development levels. This explanation should address how a number of factors were evaluated, including the pollutant removal efficiencies of the measures, costs of the measures, site specific factors that will affect the utility of the measures, whether the measure is economically achievable at a particular site and any other relevant factors.

Although not a limitation or performance standard in the permit, EPA anticipates that storm water management measures at many sites will be able to achieve removal of at least 80 percent of total suspended solids. A number of storm water management measures can be used to achieve this level of control, including:

  Properly designed and installed wet ponds;

  Infiltration trenches and basins;

  Sand filter systems;

  Manmade storm water wetlands; and   Multiple pond systems.

The pollutant removal efficiencies of various storm water management measures can be estimated from a number of sources, including " Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices," U. S. EPA, 1992, and " A Current Assessment of Urban Best Management Practices" prepared for U. S. EPA by Metropolitan Washington Council of Governments, March 1992. Additional information on BMPs is available from EPA in an on line document entitled, " National Menu of Best Management Practices for Storm Water Phase II" and found on the Internet at www. epa. gov/ npdes/ menuofbmps/ menu. htm and from an on line database entitled, " National Stormwater Best Management Practices ( BMP) Database" sponsored by EPA and the American Society of Civil Engineers ( ASCE) and available on the Internet at www. bmpdatabase. org .

In selecting storm water management measures, the permittee should consider the impacts of each method on other water resources, such as ground water. Although SWPPPs focus primarily on storm water management of post construction flow, EPA encourages sites to avoid creating groundwater pollution problems. For example, if the water table is high in an area or soils are especially porous, an infiltration pond may contaminate the groundwater unless special preventive measures are taken. In fact, certain storm water control practices may meet EPA's definition of underground injection, triggering responsibilities under the Safe Drinking Water Act, as codified in 40 CFR Parts 144 146. Storm water controls, such as wet ponds, should also be designed to have minimal safety risks, especially to children.

Small and Large Construction Activities 27 Fact Sheet F. Other controls to be addressed in SWPPPs for construction activities are for compliance with the requirement that solid materials, including building material wastes, not be discharged at the site except as authorized by a section 404 permit.

G. The SWPPP must describe measures to minimize vehicular tracking of soil off site to paved surfaces and the generation of dust. Dust and dirt tracking can be minimized by measures such as providing gravel or paving at entrance/ exit drive paths, parking areas and unpaved transit ways on the site carrying significant amounts of traffic ( for example, more than 25 vehicles per day); providing entrance wash racks or stations for trucks; and performing street sweeping.

H. The SWPPP must also contain a description of practices to reduce pollutants from construction related materials which are stored on site, including a description of said construction materials ( with updates as appropriate). The plan should include a description of pollutant sources from areas untouched by construction and a description of controls and measures which will be implemented in those areas.

I. The SWPPP must also contain a description of pollutant sources from areas other than construction ( including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges.

3.5 Non Storm Water Discharge Management The SWPPP must identify appropriate pollution prevention measures for each of the eligible non storm water components of the discharge covered by this permit when combined with storm water discharges associated with construction activity. The eligible non storm water discharges are discussed in section V. 1.3. B. of this Fact Sheet.

3.6 Maintenance of Controls Erosion and sediment controls can become ineffective if they are damaged or not properly maintained. The SWPPP requires all erosion and sediment control measures to be maintained in effective operating condition. If site inspections identify BMPs that are not operating effectively, maintenance must be performed before the next storm event whenever practicable. If maintenance before the next storm event is impracticable, maintenance must be completed as soon as practicable. The permit also requires that the operator remove sediment from sediment traps or sedimentation ponds when design capacity of that device has been reduced by 50 percent or more.

3.7 Documentation of Permit Eligibility Related to Endangered Species An operator's SWPPP must contain documentation of permit eligibility regarding the protection of endangered species and critical habitat. Documentation must include:

  information on whether federally listed or endangered or threatened species or critical habitat are located near the site;

  whether such species or habitat may be adversely affected by the storm water discharges or related activities coming from the site;

  the results of the screening determination from Appendix C of the permit;

  confirmation of delivery of NOI to EPA or to EPA's electronic NOI system. This may include an overnight, express or registered mail receipt acknowledgment, or electronic acknowledgment from EPA's electronic NOI system;

  any correspondence for any stage of project planning between the operator and FWS, EPA, or NMFS regarding listed species and critical habitat, including any notification that delays authorization to discharge; and   a description of any measures necessary to protect endangered or threatened species or critical habitat. Failure to implement these measures will result in ineligibility of coverage under this permit.

3.8 Copy of Permit Requirements Copies of the CGP, the signed and certified NOI submitted to EPA, and a copy of the letter from EPA's Storm Water Notice Processing Center indicating that a complete NOI has been received must be included in the SWPPP. This condition in the permit is intended to stress the importance of these documents for operators to understanding permit responsibilities.

Small and Large Construction Activities 28 Fact Sheet 3.9 Applicable State, Tribal, or Local Programs Many states, tribes, municipalities and counties have developed sediment and erosion control requirements for construction activities. A significant number have also developed storm water management requirements. The CGP requires that SWPPPs for sites that discharge storm water associated with construction activities be consistent with procedures and requirements of state/ tribal and local sediment and erosion control plans and storm water management plans. The construction site's SWPPP may incorporate portions of a state, tribe, or local program's pollution prevention plan if these requirements are at least as strict as the CGP. If a construction site is located in an area covered by such a local program, then compliance with various aspects of the local program would constitute compliance with these aspects of the CGP.

The ability to reference other programs in the SWPPP is intended to reduce confusion between overlapping and similar requirements, while still providing for both local and national regulatory coverage of the construction site.

3.10 Inspections A. Permittees must inspect designated areas on the site regularly. For purposes of this part, EPA defines " regularly" to mean either ( 1) at least once every 7 calendar days or ( 2) at least once every 14 calendar days and within 24 hours after any storm event of 0.5 inches or greater. EPA also recommends that permittees perform a " walk through" inspection of the construction site before anticipated storm events ( or series of events such as intermittent showers over a period of days) that could potentially yield a significant amount of runoff. Depending on local rainfall patterns, it is possible that either more or fewer inspections would be required under the option described in Subpart 3.10. A. 1 as compared to the option provided in Subpart 3.10. A. 2. In exchange for committing to more frequent inspections, the operator could plan and budget for one inspection per week and would not have to deal with uncertainties associated with an unknown number of additional inspections triggered by rain events and the need to have inspectors on standby. This flexibility would be especially valuable for unmanned locations. Proper operation and maintenance of storm water BMPs is independently required by Subpart 3.6 of the permit, so either inspection schedule is expected to provide adequate environmental protection.

B. For sites that have undergone stabilization ( temporary or final) or experience seasonal aridity ( average annual rainfall of 0 to 10 inches) or semi aridity ( annual rainfall of 10 to 20 inches), inspections must be conducted at least once a month. Where construction activity has been halted due to frozen conditions, inspections are not required until one month before thawing is expected ( i. e., snowmelt runoff would commence).

C. In areas of the country where frozen conditions are anticipated to continue for extended periods of time ( i. e., more than one month), and land disturbance activities are suspended during these times, Subpart 3.10. A and 3.10. B requirements are waived. This waiver is granted until one month before thawing conditions are expected to result in a storm water discharge from the site. The beginning and ending dates of the waiver period must be documented in the SWPPP.

D. Inspections must be performed by qualified personnel; either the operator's own personnel or consultants hired to perform the inspections. The inspectors must be knowledgeable and possess the skills to assess conditions at the construction site that could impact storm water quality and assess the effectiveness of sedimentation and erosion control measure chosen to control the quality of the sites storm water discharges. EPA is not specifying any inspector license or certification requirements at this time.

E. Visual inspections must comprise, at a minimum:

  Disturbed areas;

  Areas used for storage of materials exposed to precipitation;

  Sediment and erosion control measures; and   Locations where vehicles enter or exit the site.

Where discharge points are accessible, they must be inspected to ascertain whether erosion control measures are effective in preventing impacts to waters of the U. S. This can be done by inspecting the waters for evidence of erosion or sediment introduction. If discharge points are inaccessible, the permit requires that nearby downstream locations be inspected, if practicable.

Inspectors must determine whether erosion control measures are effective in preventing impacts to the receiving water and look for evidence of or the potential for pollutants entering the drainage system.

Small and Large Construction Activities 29 Fact Sheet F. For linear construction activities ( e. g., utility line installation, pipeline construction), representative inspections are acceptable and allow for inspection of the project 0.25 miles above and below each access point where a roadway, undisturbed right of way, or other similar feature intersects the construction site and allows access to the construction site. This is to limit additional disturbance to soils that may increase the erosion potential resulting from vehicles compromising stabilized areas.

G. Once an inspection has been performed, a report must be retained with the SWPPP for up to three years after the permit expires or is terminated. The report should include:

  The inspection date,

  Name, title, and qualifications of personnel conducting the inspection,

  Weather information for the period since the last inspection ( or since commencement of construction activity if the first inspection performed) including a best estimate of the beginning of each storm event, the duration of each storm event, and the approximate amount of rainfall for each storm event ( in inches),

  Weather information and a description of any discharges occuring at the time of the inspection,

  Location( s) of discharges of sediment or other pollutants from the site;

  Location( s) of BMPs that need to be maintained;

  Location( s) of BMPs that failed to operate as designed or proved inadequate for a particular location; and   Location( s) where additional BMPs are needed that did not exist at the time of the inspection.

The report must also identify any actions taken in accordance with Part 3 SWPPP requirements and must identify any incidents of non compliance with permit conditions. If no incidents of non compliance were found, the report must contain a certification that the site is in compliance with the SWPPP and this permit. Finally, the report must be signed in accordance with the signatory requirements in section 11 of Appendix G of the CGP.

3.11 Maintaining an Updated Plan Storm water pollution prevention plans must be revised whenever a change in design, construction method, operation, maintenance procedure, etc., may cause a significant effect on the discharge of pollutants to surface waters or municipal separate storm sewer systems.

The plan must also be amended if inspections or investigations by site staff, or by local, state, tribal, or federal officials determine that the discharges are ineffective in eliminating or significantly minimizing pollutants in storm water discharges from the construction site.

Also, if an inspection reveals inadequacies, the site description and pollution prevention measures identified in the SWPPP must be revised. All necessary modifications to the SWPPP must be made within seven calendar days following the inspection. If existing BMPs need to be modified or if additional BMPs are necessary, implementation must be completed consistent with Subpart 3.6. B of the permit. Specifically, these changes must be completed before the next storm event whenever practicable. If implementation before the next storm event is impracticable, this situation should be documented in the SWPPP and the changes must be implemented as soon as practicable.

3.12 Signature, Plan Review, and Making Plans Available A. A copy of the SWPPP must be kept at the construction site from the date of project initiation to the date of final stabilization. Permittees with day to day operational control over the plan's implementation must keep a copy of the plan readily available whenever they are on site ( a central location accessible by all on site operators is sufficient). If an on site location is unavailable to store the SWPPP when no personnel are present, notice of the plan's location must be posted near the main entrance at the construction site. A copy of the SWPPP must be readily available to authorized inspectors during normal business hours.

B. A notice about the permit and SWPPP must be posted conspicuously near the main entrance of the site. If display near the main entrance is infeasible, the notice can be posted in a local public building such as the town hall or public library. For linear projects, the notice must be posted at a publicly accessible location near the active part of the construction project ( e. g., where a pipeline project crosses a public road). The permit notice must include the following information:

Small and Large Construction Activities 30 Fact Sheet   A copy of the completed Notice of Intent as submitted to EPA; The current location of the SWPPP ( if different than that submitted to EPA in the NOI)     The current contact person and telephone number for scheduling times to view the SWPPP ( if different than that submitted to EPA in the NOI).

The permit does not require that the general public have access to the construction site nor does it require that copies of the plan be available or mailed to members of the public. However, EPA strongly encourages permittees to provide public access to SWPPPs at reasonable hours. Upon request, EPA intends to assist members of the public in obtaining access to permitting information, including SWPPPs. EPA believes this approach will create a balance between the public's need for information on projects potentially impacting their water bodies and the site operator's need for safe and unimpeded work conditions.

C. Permittees must make SWPPPs available, upon request, to EPA, state, tribal or local agencies approving sediment and erosion plans, grading plans or storm water management plans; local government officials; the operator of a MS4 receiving discharges from the site; and representatives of the FWS or the NMFS. Also, the operator must make SWPPPs available to EPA or its authorized representative for review and copying during any on site inspection.

D. The SWPPP must be signed and certified in accordance with the signatory requirements in the Standard Permit Conditions section of the permit ( Appendix G).

3.13 Management Practices A. Control measures must be properly selected and installed in accordance with sound engineering practices and relevant manufacturers specifications.

B. Off site accumulations of sediment must be regularly removed to minimize impacts.

C. Litter, construction debris, and construction chemicals must be prevented from entering a receiving water.

D. It is imperative that stabilization be employed as soon as practicable in critical areas. The CGP requires that, except in three situations, stabilization measures must be instituted on disturbed areas as soon as practicable, but no more than 14 days after construction activity has temporarily or permanently ceased on any portion of the site. The three exceptions to this requirement are the following:

  When construction activities will resume on a portion of the site within 14 days from suspension of previous construction activities;

  When the initiation of stabilization measures is precluded by snow cover or frozen ground, in which case they must be initiated as soon as practicable; and   In arid areas ( areas with an average annual rainfall of 0 to 10 inches), semi arid areas ( 10 to 20 inches) and areas experiencing droughts; where the initiation of perennial vegetative stabilization measures is precluded by seasonal arid conditions. In this instance, stabilization measures must be initiated as soon as practicable.

E. A combination of sediment and erosion control measures should be used to achieve maximum pollutant removal.

For sites with more than 10 disturbed acres at a time, all of which are served by a common drainage location, a sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures ( such as suitably sized dry wells or infiltration structures), must be provided where practicable until final stabilization of the site has been accomplished. In lieu of the default 3,600 cubic feet/ acre, the permittee can calculate the basin size based on the expected runoff volume from the local two year, 24 hour storm event and local runoff coefficient. Flows from off site or on site areas that are undisturbed or have undergone final stabilization, may be diverted around both the sediment basin and the disturbed area. These diverted flows can be ignored when designing the sediment basin.

For the drainage locations that serve more than 10 disturbed acres at a time and where a sediment basin designed according to the above guidelines is not feasible, smaller sediment basins or traps should be used. At a minimum, silt fences, vegetative buffer strips or equivalent sediment controls are required for all down slope and appropriate mid slope boundaries of the construction area. Diversion structures should be used on upland boundaries of disturbed areas to prevent run on from impacting disturbed areas. EPA does not intend to imply that silt fences or vegetative buffer strips on down slope boundaries are the only BMPs that need to Small and Large Construction Activities 31 Fact Sheet be used to protect water quality. EPA encourages the use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal.

For drainage locations serving 10 or less acres, smaller sediment basins or sediment traps should be used and, at a minimum, silt fences or equivalent sediment controls are required for all down slope and appropriate mid slope boundaries of the construction area. Alternatively, the permittee may install a sediment basin providing storage for 3,600 cubic feet ( or the alternative calculated volume) of storage per acre drained. Diversion structures should be installed on upland boundaries of disturbed areas to prevent run on. EPA does not intend to imply that silt fences or vegetative buffer strips on down slope boundaries are the only BMPs that need to be used to protect water quality. EPA encourages the use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal.

F. Land development can significantly increase storm water runoff volume and peak velocity if appropriate storm water management measures are not implemented. In addition, post development storm water discharges will typically contain higher levels of pollutants, including total suspended solids ( TSS), heavy metals, nutrients and high oxygen demand components.

The evaluation of whether the pollutant loadings and the hydrologic conditions ( the volume of discharge) of flows exceed pre development levels can be based on hydrologic models that consider conditions such as the natural vegetation endemic to the area.

Increased discharge velocities can greatly accelerate erosion near the outlet of structural measures. To mitigate these effects, velocity dissipation devices should be placed at discharge points and along the length of a runoff conveyance, as necessary, to provide a non erosive flow. Velocity dissipation devices help protect a water body's natural, pre construction physical and biological uses and characteristics ( e. g., hydrologic conditions such as the hydro period and hydrodynamics).

3.14 Documentation of Permit Eligibility Related to Total Maximum Daily Loads Subpart 1.3. C. 5 of the CGP requires that operators determine if any discharges from the site are consistent with the assumptions and requirements of applicable EPA established or approved TMDLs for the receiving water into which they discharge. To make such a determination, operators can access EPA's NPDES website at www. epa. gov/ npdes/ stormwater/ cgp or contact the state environmental agency directly. Subpart 3.14 of the permit requires documentation of this determination.

If EPA has approved or established a TMDL for the waterbody into which you discharge, you must document if the TMDL requires actions on your part, over and above any requirements of the CGP, necessary to be consistent with the assumptions and requirements of such TMDL. In certain instances, the TMDL may specifically identify each discharger contributing ( or that will be contributing) pollutants to the receiving stream and the controls that are necessary for each discharger to meet the established waste load allocation. More likely for construction activities, the TMDL will identify a category of dischargers ( e. g., construction activity or new development) and will identify the types of controls necessary to meet the cumulative waste load allocation for the group of dischargers. If the TMDL specifically identifies measures or controls, the operator must incorporate these in to its SWPPP. If specific measures or controls are not rquired in the TMDL, the operator should document this in the SwPPP. Operators should access EPA's website at www. epa. gov/ npdes/ stormwater/ cgp to find CGP specific TMDL information for all states and EPA regions covered by the CGP. This approach should identify any BMPs and/ or other controls that ensure those discharges will be consistent with the provisions of the EPA approved or established TMDL. The operator must document the rationale for the selected approach.

4. Special Conditions, Management Practices and Other Non numeric Limitations 4.1 Continuation of the Expired General Permit The permit specifies procedures for continued coverage under a general permit if the permit expires prior to a replacement permit being issued. In short, the expired permit would remain in full force and effect in accordance with the Administrative Procedures Act. Any permittee granted coverage prior to the permit's expiration date will automatically remain covered by the continued permit until the earliest of:

  The permit being reissued or replaced;

  The permittee terminating coverage by submitting a Notice of Termination;

  Issuance of an individual permit for the permittee's discharges; or Small and Large Construction Activities 32 Fact Sheet   A formal decision by EPA not to reissue the general permit, at which time the permittee must seek coverage under an alternative general permit or an individual permit.

However, should the permit expire prior to a replacement permit being issued, the existing permit will only cover those operators that submitted a complete and accurate NOI and met all the eligibility requirements prior to the expiration date of the permit. New construction projects requiring permit coverage after the expiration date of this permit are not eligible for coverage until a replacement permit is issued.

4.2 Requiring an Individual Permit or an Alternative General Permit Based upon a number of different situations ( e. g., applicable numeric effluent limitations resulting from a TMDL, or a determination that the operator has the potential to cause or contribute to a water quality standard excursion), EPA may determine that coverage under an individual permit is necessary. If a permittee is currently discharging under this general permit and EPA determines that individual coverage is required, written notification of this required change in permit coverage, including reasoning for this decision, an application form, and a deadline for filing the application, will be provided to the permittee by EPA.

Additionally, any permittee may apply for an individual permit rather than apply for coverage under this general permit. An individual application must be submitted for coverage under such a permit with reasoning supporting the request. If such reasoning is considered adequate by EPA, the request will be granted and an individual permit issued. If an individual permit or alternative NPDES permit is issued to the permittee currently covered under this general permit, coverage under the general permit is terminated on the effective date of the new permit. Alternatively, if a permittee, currently covered under the general permit, seeks coverage under an individual or alternative NPDES permit and is denied, coverage under the general permit is terminated on the date of such denial, unless otherwise specified by EPA.

4.3 Releases in Excess of Reportable Quantities The construction general permit requires the operator to prevent the discharge of hazardous substances or oil from a site in accordance with the SWPPP. Furthermore, if a permitted discharge contains a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under 40 CFR 110, 40 CFR 117, or 40 CFR 302, during a 24 hour period, the National Response Center ( NRC) must be notified ( dial 800 424 8802 or 202 426 2675 in the Washington, DC area). Also, within 14 calendar days of knowledge of the release, the SWPPP must be modified to include the date and description of the release, the circumstances leading to the release, responses to be employed for such releases, and measures to prevent the reoccurrence of such releases. This approach is necessary because of statutory requirements that make a clear distinction between hazardous substances typically found in storm water discharges and spilled hazardous substances that are not ( See 40 CFR § 117.12( d)( 2)( i)).

4.4 Spills Discharge of a hazardous substance or oil caused by a spill ( e. g., a spill of oil into a separate storm sewer) are not authorized by this permit. The construction site must have the capacity to control, contain, and remove such spills if they are to occur. Spills in excess of reportable quantities, as described in Subpart 4.3, must still be reported as required under 40 CFR 110. Also Section 311 of the CWA and certain provisions of Sections 301 and 402 of the CWA are also applicable.

4.5 Attainment of Water Quality Standards After Authorization NPDES regulations at 40 CFR § 122.44( d) state that permits must contain conditions to achieve water quality standards. When EPA determines a discharge will cause or contribute to an excursion above WQS, including failure to protect and maintain existing designated uses of receiving waters, EPA will require the operator to take one of three actions:

Develop a supplemental BMP action plan describing SWPPP modifications to respond to the identified water quality concerns;

  Submit to EPA valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining WQS; or Cease discharges from construction activity and apply for an individual permit according to Subpart 4.2 of the permit.

Small and Large Construction Activities 33 Fact Sheet If a supplemental BMP aciton plan is required, EPA expects the operator to vigilantly and in good faith follow and document the process for BMP selection, installation, implementation and maintenance, and cooperate to eliminate the identified problem within a time frame stipulated by EPA.

EPA does not typically review information and data about specific discharges prior to authorization under the CGP. Instead, a general permittee determines whether its discharges are eligible for authorization under the general permit and, if so, certifies to that determination and develops a SWPPP according to requirements in the general permit. The permit language is included to ensure that those seeking coverage under this general permit select, install, implement, and maintain BMPs at their construction site that will be adequate and sufficient to meet water quality standards for all pollutants of concern. Based on EPA's 1996 Interim Permitting Approach for Water Quality Based Effluent Limitations in Storm Water Permits ( EPA 833 D 96 001), EPA has determined that BMPs, when properly selected, installed, implemented, and maintained do provide effluent quality that can meet WQS. However, because proper selection, installation, implementation, and maintenance are so critical to the success of BMP effectiveness, simply " installing BMPs" at a construction site will often not provide adequate water quality protection. Therefore the CGP requires operators to select, install, implement, and maintain BMPs that minimize pollutants in the discharge. Unless notified otherwise by EPA, compliance with this requirement will be assumed to be as stringent as necessary to ensure that discharges do not cause or contribute to an excursion above any applicable water quality standard.

5. Termination of Coverage Permittees must submit a completed Notice of Termination ( NOT) that is signed and certified according to Appendix G, Section 11 of the permit when one or more of the conditions contained in Subpart 5.1 of the permit have been met. NOTs must be submitted using the form provided by EPA ( found in Appendix F of the permit), or a photocopy thereof, and sent to the address specified in the CGP. NOTs provide EPA with a useful mechanism to track the status of projects which are actively covered by the permit.

The NOT includes:

Your NPDES permit tracking number for the storm water discharge;

  Your basis for submission of the NOT, including: final stabilization has been achieved on all portions of the site for which you are responsible; another operator/ permittee has assumed control over all areas of the site that have not been finally stabilized; coverage under an alternative NPDES permit has been obtained; or, for residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner; Your name, address, telephone number and U. S. Internal Revenue Service ( IRS) Employer Identification Number ( EIN); The name of the project and street address ( or a description of location if no street address is available) of the construction site for which the notification is submitted; and A certification statement, signed and dated by an authorized representative as defined in Appendix G, Section 11 and the name and title of that authorized representative.

The NPDES permit tracking number is not the same number that was reported on the NOI form. The NOI contains the NPDES permit number as identified in the CGP ( e. g., NHR100000) while the NPDES permit tracking number is that number provided by the EPA Storm Water Notice Processing Center acknowledging receipt of a complete NOI. The permit tracking numbers are assigned sequentially as NOIs are received by the EPA Storm Water Notice Processing Center ( e. g., NHR1000001, NHR1000002, etc).

The NOI also requests that the operator provide a fax number and an E mail address. While these two fields are not required to be completed, EPA anticipates that this information provides the most efficient means for corresponding with permittees. Finally, EPA is in the process of developing an electronic NOT system that will allow you to complete and submit your NOT to EPA electronically. If EPA makes that, or other NOT options available, you may take advantage of those options to satisfy the NOT use requirements. Information on the availability of that system is found at www. epa. gov/ npdes/ stormwater/ cgp .

The NOT must be filed within 30 days after cessation of construction activities and final stabilization of the permittee's portion of the site ( or temporary stabilization for residential construction where a homeowner is assuming control of a property). You must submit an NOT within 30 days after another operator assumes your liabilities. That new operator must submit an NOI for coverage consistent with Subpart 2.2. D. If you submit and are covered by a low erosion potential or TMDL waiver, continued compliance with the permit is not necessary nor is submittal of an NOT.

Small and Large Construction Activities 34 Fact Sheet You may face enforcement action if an NOT is submitted without meeting one of the requirements in Subpart 5.1 of the permit unless there has been authorization under an alternative permit or a waiver for coverage under this permit has been approved.

The NOT must be submitted to the address listed in Subpart 5.3 of the permit.

6. Retention of Records The permit requires that all records and reports required by the CGP be retained, including SWPPPs and information used to complete the NOI, for at least three years from the termination of coverage or expiration of the permit. This period may be extended by request of EPA.

7. Re opener Clause This permit contains a re opener clause allowing the permit to be re opened and modified during the term of the permit consistent with the Federal regulations at 40 CFR § 122.62, § 122.63, § 122.64, and § 124.5. Generally, this would be triggered by a water quality concern, a change in NPDES statutes, or to incorporate new procedures or requirements developed by the EPA regarding such things as endangered and threatened species and critical habitat protection ( e. g., based on consultation with FWS or NMFS) or historic preservation requirements to provide for additional consideration of effects to properties either listed or eligible for listing in the National Register of Historic Places. Indication that a permittee is contributing to a water quality concern or generally not fulfilling his or her obligations under this permit, may result in a review of the permit and requirement to obtain an individual permit or alternative general permit, or have the limitations and/ or requirements under this permit be modified.

8. Standard Permit Conditions The Federal regulations require all NPDES permits to contain the standard conditions specified at 40 CFR § 122.41. This section of the permit references those conditions in Appendix G of the CGP.

9. Permit Conditions Applicable to Specific States, Indian Country or Territories Section 401 of the CWA ( See also 40 CFR § 122.44( d)( 3)) and § 124.53( a)) 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/ Tribe 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 this permit. Similarly, the Coastal Zone Management Act ( CZMA) ( See 40 CFR § 122.49( d)) requires that all Federal licensing and permitting actions be reviewed for consistency with each approved State coastal zone management plan. This permit also includes the results of that effort.

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 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.

Permit conditions that apply only to construction projects located in a specific state, Indian country or other area are in Part 9 of the permit. These conditions are modifications or additions to analogous conditions in Parts 1 through 8 of the CGP, and reflect additional requirements arising from the state section 401 or CZMA certification processes.

Small and Large Construction Activities 35 Fact Sheet VI. Appendices 1. Definitions and Acronyms The permit contains definitions of statutory, regulatory and other terms important for understanding the permit and its requirements. Several definitions were added to this permit that were not included in the 1998 permit. In addition, several terms that were defined in the body or one of the appendices of the 1998 permit were moved to the definition section. New terms defined in this permit include: eligible, federal facility, Indian country, large construction activity, municipal separate storm sewer system, new project, ongoing project, project area, receiving water, site, small construction activity, storm water discharge related activity, and total maximum daily load. Definitions of these terms were added for clarity of permit conditions. The permit also contains a list of acronyms found in the permit which aids in the understanding of the permit and its requirements.

2. Small Construction Waivers and Instructions Regulations for Phase II of the NPDES Storm Water Program were published on December 8, 1999 ( 64 FR 68722). Phase II was in response to the Congressional mandate at Clean Water Act § 402( p)( 6) that the Agency "... shall issue regulations... which designate storm water discharges... to be regulated to protect water quality and ... establish a comprehensive program to regulate such designated sources." Under Phase II, EPA designated small construction projects disturbing at least one but less than five acres, but by providing for two types of waivers acknowledged that not every construction project in the 1 5 acre range would pose a potential threat to water quality4.

EPA adopted two types of waivers within the definition of small construction at 40 CFR § 122.26( b)( 15). The Rainfall Erosivity Waiver at 40 CFR § 122.26( b)( 15)( i)( A) is based on the " R" factor from the Revised Universal Soil Loss Equation ( RUSLE) and applies to projects where ( and when) negligible rainfall/ runoff erosivity is expected. The Water Quality Waivers at 40 CFR § 122.26( b)( 15)( i)( B) are essentially based on an analysis that storm water discharges from small construction activities would not be expected to cause or contribute to exceedances of WQS. The water quality waivers anticipated that the analysis would demonstrate that storm water controls for small construction were not needed based on 1) a Total Maximum Daily Load for impaired waters or 2) for non impaired waters that do not require a TMDL, an equivalent analysis that either determined pollutant load allocations for small construction or determined that such load allocations were not necessary.

While the criteria for the Rainfall Erosivity Waiver were built into the definition of " storm water discharge associated with small construction activity" itself, only the broad outline of the Water Quality Waivers was included in the rule. The details of the Water Quality Waivers were expected to be included in a water quality analysis that would take place independently. Information on use of the waivers is presented in Appendix D of the CGP.

3. Standard Permit Conditions Duty To Comply The operator must comply with all conditions of this permit. An operator not fulfilling his or her obligations, as agreed upon by signing the NOI, is considered in violation of the Clean Water Act and is grounds for injunctive relief, substantial monetary penalties, incarceration, changes or terminations to the permit, or denial of permit renewal.

Duty to Reapply The operator, after expiration of the permit, must reapply for and obtain a new permit to continue activities. For general permit coverage, this requires the operator to comply with the terms of the reissued permit regarding follow on permit coverage.

Need to Halt or Reduce Activity Not a Defense The operator may not use as a defense for an enforcement action the reasoning that compliance could only be achieved by halting or reducing the permitted activity.

4For more background on designation of small construction activity and available waivers, see discussion on " Discharges Associated with Small Construction Activity" starting on page 68771 of the December 8, 1999, Federal Register ( 64 FR 68771)

Small and Large Construction Activities 36 Fact Sheet Duty to Mitigate The operator must take all reasonable steps to prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

Proper Operation and Maintenance The operator must properly operate and maintain all equipment and treatment systems used for compliance with the terms of the permit. This includes sediment and erosion controls installed at the site used to achieve compliance with the terms of the permit and the SWPPP. The operator must provide appropriate laboratory controls and quality assurance procedures as necessary. Backup systems are required when needed to ensure compliance.

Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. Filing of a request for a permit modification, revocation, reissuance, termination, or a notification of planned changes or anticipated noncompliance does not halt any permit condition.

Property Rights The operator does not convey any property rights or privileges through issuance of this permit or coverage of activity under this permit. Injury to private property or invasion of personal rights are also not authorized under this permit nor any infringement of Federal, State, or local laws or regulations.

Duty to Provide Information The operator must transmit any information needed to determine compliance with the permit or to modify the permit.

Inspection and Entry The operator must, upon presentation of valid credentials by EPA or its representative, allow entry into the premises where the regulated activity and/ or records are present. EPA must have access to view and to be able to make copies of any required records, inspect facilities, practices, operations, and equipment, and sample or monitor at reasonable times.

Monitoring and Records Samples must be representative of the monitored activity. Records must be retained for 3 years subject to extension by EPA. Monitoring records must identify the sampling dates and personnel, the sample location and time, the analytical techniques used, and corresponding results. Wastewater and sludge measurements must be conducted in accordance with 40 CFR Parts 136 or 503 or other specified procedures. Falsification of results is a violation.

Signatory Requirements Applications, reports, NOIs, NOTs, or other information submitted to EPA must be signed and certified by a responsible officer, a general partner or proprietor of a partnership, or a principal executive officer or ranking elected official for a municipality, state, federal, or other public agency. Knowingly making false statement, representations, or certifications is subject to penalties. Other than for applications and NOIs, these reports may be signed by a duly authorized representative. A person is considered a duly authorized representative only if the authorization is made in writing by such person and submitted to EPA. A duly authorized representative may be either a named individual or any individual occupying a named position. The duly authorized representative is not the same as an operator, but the legally bound representative of the operator.

Reporting Requirements   Planned changes. Notice must be given to EPA as soon as possible of any planned physical alterations and/ or additions to the site. This notice is required if the site changes to meet the criteria for a new source or the nature and concentration of pollutants are affected.

  Anticipated noncompliance. The operator must give advance notice of any conditions that may result in noncompliance.

  Permit Transfers. The permit is not transferable except after written notice to EPA. EPA may require modification or revocation and reissuance as necessary.

Small and Large Construction Activities 37 Fact Sheet Small and Large Construction Activities 38   Monitoring reports. Reports must be submitted on a DMR or on an EPA specified form. In addition, more frequent monitoring must be reported. Calculations requiring averaging must use an arithmetic mean, except for fecal coliform. Monitoring results must be reported at the frequency specified in the permit.

  Compliance schedules. Reports required by a compliance schedule in the permit must be submitted within 14 days of the due date.

  Twenty four hour reporting. The operator must report any noncompliance that may endanger human health or the environment within 24 hours after becoming aware of the circumstance. Within 5 days, you must provide a written submission containing the information outlined in 40 CFR § 122.41( l)( 6)( ii) unless the requirement is waived by EPA.

  Other noncompliance. The operator must report all instances of noncompliance not reported under other specific reporting requirements at the time monitoring reports are submitted.

  Other information. Where the operator becomes aware of a failure to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to EPA, the operator must promptly submit such facts or information.

Bypass Intentional diversions of untreated waste streams from any portion of a treatment facility are prohibited unless ( 1) the bypass does not cause effluent to exceed limits, and ( 2) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, and there was no feasible alternative, and the proper notification was submitted.

Upset An upset can be used as an affirmative defense in actions brought to the permittee for noncompliance. The operator ( who has the burden of proof) must have operational logs or other evidence that shows ( 1) when the upset occurred and its cause, ( 2) that the facility was being operated properly, ( 3) proper notification was made, and ( 4) remedial measures were taken.


[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47222-47225]
[FR Doc No: 2022-16485]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2258]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The currently effective community

number is shown in the table below and must be used for all new
policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                                            Chief executive officer of                                    Online location of letter of map                            Community
         State and county          Location and case No.             community              Community map  repository                 revision                Date of modification       No.
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Arizona:
    Maricopa.....................  City of Surprise, (22- The Honorable Skip Hall,        Public Works, Department       https://msc.fema.gov/portal/        Nov. 14, 2022.........       040053
                                    09-0029P).             Mayor, City of Surprise,        Engineering, Development       advanceSearch.msc.fema.gov/portal/
                                                           16000 North Civic Center        Services, 16000 North Civic    advanceSearch.
                                                           Plaza, Surprise, AZ 85374.      Center Plaza, Surprise, AZ
                                                                                85374.
    Maricopa.....................  City of Surprise, (22- The Honorable Skip Hall,        Public Works, Department       https://msc.fema.gov/portal/        Oct. 28, 2022.........       040053
                                    09-0374P).             Mayor, City of Surprise,        Engineering, Development       advanceSearch.msc.fema.gov/portal/
                                                           16000 North Civic Center        Services, 16000 North Civic    advanceSearch.
                                                           Plaza, Surprise, AZ 85374.      Center Plaza, Surprise, AZ
                                                                                85374.
    Maricopa.....................  Unincorporated Areas   The Honorable Bill Gates,       Flood Control District of      https://msc.fema.gov/portal/        Oct. 28, 2022.........       040037
                                    of Maricopa County,    Chair, Board of Supervisors,    Maricopa County, 2801 West     advanceSearch.msc.fema.gov/portal/
                                    (22-09-0374P).         Maricopa County, 301 West       Durango Street, Phoenix, AZ    advanceSearch.
                                                           Jefferson Street, 10th Floor,   85009.
                                                           Phoenix, AZ 85003.
California:
    Riverside....................  City of San Jacinto,   The Honorable Crystal Ruiz,     Tri-Lake Consultants, 24       https://msc.fema.gov/portal/        Nov. 9, 2022..........       065056
                                    (21-09-1682P).         Mayor, City of San Jacinto,     South D Street, Suite 100,     advanceSearch.msc.fema.gov/portal/
                                                           595 South San Jacinto Avenue,   Perris, CA 92570.              advanceSearch.
                                                           San Jacinto, CA 92583.
    Riverside....................  Unincorporated Areas   The Honorable Jeff Hewitt,      Riverside County, Flood        https://msc.fema.gov/portal/        Nov. 9, 2022..........       060245
                                    of Riverside County,   Chair, Board of Supervisors,    Control and Water              advanceSearch.msc.fema.gov/portal/
                                    (21-09-1682P).         Riverside County, 4080 Lemon    Conservation District, 1995    advanceSearch.
                                                           Street, 5th Floor, Riverside,   Market Street, Riverside, CA
                                                           CA 92502.                       92501.

    San Diego....................  City of Poway, (21-09- The Honorable Steve Vaus,       City Hall, 13325 Civic Center  https://msc.fema.gov/portal/        Nov. 4, 2022..........       060702
                                    1484P).                Mayor, City of Poway, 13325     Drive, Poway, CA 92064.        advanceSearch.msc.fema.gov/portal/
                                                           Civic Center Drive, Poway, CA                                  advanceSearch.
                                                           92064.
Illinois:
    Cook.........................  Village of Western     The Honorable Alice Gallagher,  Village Hall, Community        https://msc.fema.gov/portal/        Oct. 28, 2022.........       170171
                                    Springs, (21-05-       Village President, Village of   Development Department, 740    advanceSearch.msc.fema.gov/portal/
                                    1260P).                Western Springs, Village        Hillgrove Avenue, Western      advanceSearch.
                                                           Hall, 740 Hillgrove Avenue,     Springs, IL 60558.
                                                           Western Springs, IL 60558.
    Will.........................  Village of             The Honorable Mary Alexander-   Village Hall, 375 West         https://msc.fema.gov/portal/        Oct. 24, 2022.........       170812
                                    Bolingbrook, (22-05-   Basta, Mayor, Village of        Briarcliff Road,               advanceSearch.msc.fema.gov/portal/
                                    1649P).                Bolingbrook, 375 West           Bolingbrook, IL 60440.         advanceSearch.
                                                           Briarcliff Road, Bolingbrook,
                                                           IL 60440.
Indiana:
    Morgan.......................  City of Martinsville,  The Honorable Kenneth Costin,   City Hall, 59 South Jefferson  https://msc.fema.gov/portal/        Sep. 28, 2022.........       180177
                                    (22-05-1449P).         Mayor, City of Martinsville,    Street, Martinsville, IN       advanceSearch.msc.fema.gov/portal/
                                                           P.O. Box 1415, Martinsville,    46151.                         advanceSearch.
                                                           IN 46151.
    Morgan.......................  Unincorporated Areas   Commissioner Don Adams, Morgan  Morgan County, Administration  https://msc.fema.gov/portal/        Sep. 28, 2022.........       180176
                                    of Morgan County,      County Board of                 Building, 180 South Main       advanceSearch.msc.fema.gov/portal/
                                    (22-05-1449P).         Commissioners, 180 South Main   Street, Martinsville, IN       advanceSearch.
                                                           Street, Suite 112,              46151.
                                                           Martinsville, IN 46151.
Michigan:
    Ingham.......................  Charter Township of    Supervisor Maggie Sanders,      Township Hall, 3209 West       https://msc.fema.gov/portal/        Oct. 27, 2022.........       260632
                                    Lansing, (22-05-       Charter Township of Lansing,    Michigan Avenue, Lansing, MI   advanceSearch.msc.fema.gov/portal/
                                    1554P).                3209 West Michigan Avenue,      48917.                         advanceSearch.
                                                           Lansing, MI 48917.
    Ingham.......................  City of East Lansing,  The Honorable Ron Bacon,        City Hall, 410 Abbott Road,    https://msc.fema.gov/portal/        Oct. 27, 2022.........       260089
                                    (22-05-1554P).         Mayor, City of East Lansing,    East Lansing, MI 48823.        advanceSearch.msc.fema.gov/portal/
                                                           410 Abbot Road, Room 100,                                      advanceSearch.
                                                           East Lansing, MI 48823.
    Ingham.......................  City of Lansing, (22-  The Honorable Andy Schor,       City Hall, 124 West Michigan   https://msc.fema.gov/portal/        Oct. 27, 2022.........       260090
                                    05-1554P).             Mayor, City of Lansing, 124     Avenue, Lansing, MI 48933.     advanceSearch.msc.fema.gov/portal/
                                                           West Michigan Avenue, 9th                                      advanceSearch.
                                                           Floor, Lansing, MI 48933.
Nebraska:
    Saline.......................  City of Crete, (20-07- The Honorable Dave Bauer,       City Hall, 241 East 13th       https://msc.fema.gov/portal/        Oct. 27, 2022.........       310186
                                    0590P).                Mayor, City of Crete, 243       Street, Crete, NE 68333.       advanceSearch.msc.fema.gov/portal/
                                                           East 13th Street, Crete, NE                                    advanceSearch.
                                                           68333.
    Saline.......................  Unincorporated Areas   Commissioner Russ Karpisek,     Saline County Courthouse, 215  https://msc.fema.gov/portal/        Oct. 27, 2022.........       310472
                                    of Saline County,      Chair, Saline County, 315       South Court Street, Wilber,    advanceSearch.msc.fema.gov/portal/
                                    (20-07-0590P).         North Shimerda, Wilber, NE      NE 68465.                      advanceSearch.
                                                           68465.
Nevada: Clark....................  City of Henderson,     The Honorable Debra March,      Public Works Department, 240   https://msc.fema.gov/portal/        Oct. 24, 2022.........       320005
                                    (22-09-0379P).         Mayor, City of Henderson, 240   South Water Street,            advanceSearch.msc.fema.gov/portal/
                                                           South Water Street,             Henderson, NV 89015.           advanceSearch.
                                                           Henderson, NV 89015.
New York:
    Montgomery...................  City of Amsterdam,     The Honorable Michael           City Hall, 61 Church Street,   https://msc.fema.gov/portal/        Dec. 1, 2022..........       360440
                                    (21-02-0893P).         Cinquanti, Mayor, City of       Amsterdam, NY 12010.           advanceSearch.msc.fema.gov/portal/
                                                           Amsterdam, 61 Church Street,                                   advanceSearch.
                                                           Amsterdam, NY 12010.
    Montgomery...................  Town of Amsterdam,     Supervisor Thomas Dimezza,      Office Building, 283 Manny's   https://msc.fema.gov/portal/        Dec. 1, 2022..........       360441
                                    (21-02-0893P).         Town of Amsterdam, 283          Corners Road, Amsterdam, NY    advanceSearch.msc.fema.gov/portal/
                                                           Manny's Corners Road,           12010.                         advanceSearch.
                                                           Amsterdam, NY 12010.
    Montgomery...................  Town of Florida, (21-  Supervisor Eric Mead, Town of   Office Building, 214 Fort      https://msc.fema.gov/portal/        Dec. 1, 2022..........       360445
                                    02-0893P).             Florida, 214 Fort Hunter        Hunter Road, Amsterdam, NY     advanceSearch.msc.fema.gov/portal/
                                                           Road, Amsterdam, NY 12010.      12010.                         advanceSearch.

    Montgomery...................  Town of Mohawk, (21-   Supervisor Ed Bishop, Town of   Town of Mohawk, Richard A.     https://msc.fema.gov/portal/        Dec. 1, 2022..........       360452
                                    02-0893P).             Mohawk, P.O. Box 415, Fonda,    Papa Office Building, 2-4      advanceSearch.msc.fema.gov/portal/
                                                           NY 12068.                       Park Street, Fonda, NY         advanceSearch.
                                                                                12068.
    Montgomery...................  Village of Fort        The Honorable Michael Simmons,  Fort Johnson Municipal         https://msc.fema.gov/portal/        Dec. 1, 2022..........       360447
                                    Johnson, (21-02-       Mayor, Village of Fort          Building, 1 Prospect Street,   advanceSearch.msc.fema.gov/portal/
                                    0893P).                Johnson, P.O. Box 179, Fort     Fort Johnson, NY 12070.        advanceSearch.
                                                           Johnson, NY 12070.
South Carolina: Spartanburg......  Unincorporated Areas   Chair A. Manning Lynch,         Spartanburg County,            https://msc.fema.gov/portal/        Oct. 3, 2022..........       450176
                                    of Spartanburg         Spartanburg County, 366 North   Administration Building, 366   advanceSearch.msc.fema.gov/portal/
                                    County, (21-04-        Church Street, Main Level,      North Church Street,           advanceSearch.
                                    4426P).                Suite 1000, Spartanburg, SC     Spartanburg, SC 29303.
                                                           29303.
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[FR Doc. 2022-16485 Filed 8-1-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67810-67811]
[FR Doc No: 2012-27615]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2719-010; ER10-2718-010; ER10-2578-012; ER10-
2633-010; ER10-2570-010; ER10-2717-010; ER10-3140-009.
    Applicants: East Coast Power Linden Holding, L.L.C., Cogen
Technologies

Linden Venture, L.P., Fox Energy Company LLC, Birchwood Power Partners,
L.P., Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC,
Inland Empire Energy Center, LLC.
    Description: Notice of Non-Material Change in Status of East Coast
Power Linden Holding, L.L.C., et al.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5075.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER12-2694-001.
    Applicants: Northern States Power Company, a Minnesota corporation,
Northern States Power Company, a Wisconsin corporation.
    Description: Northern States Power Company, a Minnesota corporation
submits tariff filing per: 20121106 Modified Transmittal Ltr to be
effective N/A.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5055.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER12-2696-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits tariff
filing per: 11-6-12--SPS MBR-Supp Filing to be effective N/A.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5043.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER13-28-001.
    Applicants: Chesapeake Renewable Energy LLC.
    Description: Chesapeake Renewable Energy LLC submits tariff filing
per 35.17(b): Amendment of Pending Filing 1 to be effective 12/1/2012.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5002.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER13-81-001.
    Applicants: Frontier Utilities New York LLC.
    Description: Frontier Utilities New York LLC submits tariff filing
per 35.17(b): Amendment of Pending Filing 1 to be effective 10/12/2012.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5034.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER13-320-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: Amended IFA with Cabazon Wind Partners, LLC
to be effective 1/6/2013.
    Filed Date: 11/6/12.
    Accession Number: 20121106-5001.
    Comments Due: 5 p.m. ET 11/27/12.

    Docket Numbers: ER13-321-000.
    Applicants: Fairless Energy, LLC.
    Description: Fairless Energy, LLC submits tariff filing per 35.1:
New Baseline and Amended Single Market-Based Rate Tariff to be
effective 11/6/2012.
    Filed Date: 11/5/12.
    Accession Number: 20121105-5155.
    Comments Due: 5 p.m. ET 11/26/12.

    Take notice that the Commission received the following qualifying
facility filings:
    Docket Numbers: QF13-69-000.
    Applicants: Calgren Renewable Fuels, LLC.
    Description: Form 556--Notice of Self-certification of Qualifying
Cogeneration Facility Status of Calgren Renewable Fuels, LLC.
    Filed Date: 11/5/12.
    Accession Number: 20121105-5029.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 6, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-27615 Filed 11-13-12; 8:45 am]
BILLING CODE 6717-01-P