[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21328-21335]
[FR Doc No: 2016-08276]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0828; FRL 9944-76-OW]

Draft National Pollutant Discharge Elimination System (NPDES)
General Permit for Stormwater Discharges From Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for public comment.

-----------------------------------------------------------------------

SUMMARY: All 10 EPA Regions are proposing for public comment on the
draft 2017 National Pollutant Discharge Elimination System (NPDES)
general permit for stormwater discharges from construction activities,
also referred to as the ``2017 Construction General Permit (CGP)'' or
the ``draft permit.'' The draft permit, once finalized, will replace
the existing general permit covering stormwater discharges from
construction activities that will expire on February 16, 2017. EPA
proposes to issue this permit for five (5) years, and to provide permit
coverage to eligible operators in all areas of the country where EPA is
the NPDES permitting authority, including Idaho, Massachusetts, New
Hampshire, and New Mexico, Indian country lands, Puerto Rico, the
District of Columbia, and most U.S. territories and protectorates. EPA
seeks comment on the draft permit and on the accompanying fact sheet,
which contains supporting documentation. This Federal Register document
describes the draft permit in general and also includes specific topics
on which the Agency is particularly seeking comment. EPA encourages the
public to read the fact sheet to better understand the draft permit.
The fact sheet and draft

permit can be found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.

DATES: Comments on the draft permit must be received on or before May
26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2015-0828 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For further information on the draft
permit, contact the appropriate EPA Regional office listed in Section
I.F of this action, or Emily Halter, EPA Headquarters, Office of Water,
Office of Wastewater Management; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This section is organized as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of these documents and other related
information?
    C. What should I consider as I prepare my comments for EPA?
    D. Will public hearings be held on this action?
    E. What process will EPA follow to finalize the permit?
    F. Who are the EPA regional contacts for this permit?
II. Background of Permit
III. Summary of the Draft Permit
    A. Technology-Based Effluent Limits
    B. Water Quality-Based Effluent Limits (WQBELS)
    C. Summary of Proposed Permit Changes
    D. Provisions for Which EPA is Soliciting Comment
IV. Analysis of Economic Impacts
V. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
VI. Compliance with the National Environmental Policy Act (NEPA) for
the National Pollutant Discharge Elimination System (NPDES) General
Permit for Discharges From Construction Activities
VII. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
VIII. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments

I. General Information

A. Does this action apply to me?

1. Entities Covered by this Permit
    This draft permit covers the following entities, as categorized in
the North American Industry Classification System (NAICS):

             Table 1--Entities Covered by This Draft Permit
------------------------------------------------------------------------
                                                               North
                                                             American
                                   Examples of affected      Industry
            Category                     entities         Classification
                                                          System (NAICS)
                                                               Code
------------------------------------------------------------------------
Industry.......................   Construction site operators disturbing
                                   1 or more acres of land, or less than
                                    1 acre but part of a larger common
                                    plan of development or sale if the
                                    larger common plan will ultimately
                                  disturb 1 acre or more, and performing
                                         the following activities:
                                ----------------------------------------
                                 Construction of                     236
                                  Buildings.
                                 Heavy and Civil                     237
                                  Engineering
                                  Construction.
------------------------------------------------------------------------

    EPA does not intend the preceding table to be exhaustive, but
provides it as a guide for readers regarding the types of activities
that EPA is now aware of that could potentially be affected by this
action. Other types of entities not listed in the table could also be
affected. To determine whether your site is covered by this action, you
should carefully examine the definition of ``construction activity''
and ``small construction activity'' in existing EPA regulations at 40
CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have
questions regarding the applicability of this action to a particular
entity, consult one of the persons listed for technical information in
the preceding FOR FURTHER INFORMATION CONTACT section.
2. Construction Projects for Which Operators are Eligible for Permit
Coverage
    Coverage under this permit is available to operators of eligible
projects located in those areas where EPA is the permitting authority.
A list of eligible areas is included in Appendix B of the draft permit.
Eligibility for permit coverage is limited to operators of ``new
sites,'' operators of ``existing sites,'' ``new operators of new or
existing sites,'' and operators of ``emergency-related projects.'' A
``new site'' is a site where construction activities commenced on or
after February 16, 2017. An ``existing site'' is a site where
construction activities commenced prior to February 16, 2017. A ``new
operator of a new or existing site'' is an operator that through
transfer of ownership and/or operation replaces the operator of an
already permitted construction site. An ``emergency-related project''
is a project initiated in response to a public emergency (e.g., mud
slides, earthquake, extreme flooding conditions, disruption in
essential public services), for which the related work requires
immediate authorization to avoid imminent endangerment to human health
or the environment, or to reestablish public services.
3. Geographic Coverage
    This draft permit will provide coverage to eligible operators for
stormwater discharges from construction activities that occur in

areas not covered by an approved state NPDES program. The areas of
geographic coverage of this draft permit are listed in Appendix B, and
include the states of New Hampshire, Massachusetts, New Mexico, and
Idaho as well as all Indian country lands,\1\ and areas in selected
states operated by a federal operator. Permit coverage is also provided
to operators in Puerto Rico, the District of Columbia, and the Pacific
Island territories, among others.
---------------------------------------------------------------------------

    \1\ In January 2016, the Interior Board of Indian Appeals upheld
the decision by the Bureau of Indian Affairs to provide federal
recognition to the Pamunkey Tribe of Virginia (see In Re Federal
Acknowledgement of the Pamunkey Indian Tribe, 62 IBIA 122 (1/28/
16)). Following this action, it is likely state reservation land
will be placed into trust. Once this process is completed, the
reservation would be Indian country. EPA would then consult with the
Tribe as to whether the Tribe would like permit coverage for
operators on its reservation, and if so, EPA could then issue the
permit for the Pamunkey Reservation without further notice and
comment.
---------------------------------------------------------------------------

B. How can I get copies of these documents and other related
information?

    1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OW-2015-0828. 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) WJC West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460.
Although all documents in the docket are listed in an index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available in hard
copy at the EPA Docket Center Public Reading Room, 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<PHONE_NUMBER> and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register notice
electronically through the United States government on-line source for
Federal regulations at http://www.regulations.gov.
    Electronic versions of this draft permit and fact sheet are
available on EPA's NPDES Web site at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.
    An electronic version of the public docket is available through the
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov to submit or 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. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the Docket Facility identified in Section
I.B.1.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
http://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    EPA's policy is that public comments, whether submitted
electronically or in paper, will be made available for public viewing
in EPA's electronic public docket as EPA receives them and without
change, unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. As noted
previously, CBI information should not be submitted through http://www.regulations.gov or by email. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
    2. Tips for Preparing Your Comments.
    When submitting comments, remember to:
     Identify this draft permit by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Where possible, respond to specific questions or organize
comments by referencing a section or part of this draft permit.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     To ensure that EPA can read, understand, and therefore
properly respond to comments, the Agency would prefer that commenters
cite, where possible, the paragraph(s) or section in the draft permit
or fact sheet to which each comment refers.
     Make sure to submit your comments by the comment period
deadline identified.

D. Will public hearings be held on this action?

    EPA has not scheduled any public hearings to receive public comment
concerning the draft permit. All persons will continue to have the
right to provide written comments during the public comment period.
However, interested persons may request a public hearing pursuant to 40
CFR 124.12 concerning the draft permit. Requests for a public hearing
must be sent or delivered in writing to the same address as provided
previously for public comments prior to the close of the comment
period. Requests for a public hearing must state the nature of the
issues proposed to be raised in the hearing. Pursuant to 40 CFR 124.12,
EPA shall hold a public hearing if it finds, on the basis of requests,
a significant degree of public interest in a public hearing on the
draft permit. If EPA decides to hold a public hearing, a public notice
of the date, time and place of the hearing will be made at least 30
days prior to the hearing. Any person may provide written or oral
statements

and data pertaining to the draft permit at the public hearing.

E. What process will EPA follow to finalize the permit?

    After the close of the public comment period, EPA intends to issue
a final permit on or prior to the expiration date of the current 2012
CGP. This permit will not be issued until all significant comments have
been considered and appropriate changes made to the draft permit. EPA's
responses to public comments received will be included in the docket as
part of the final permit issuance. Once the final permit becomes
effective, eligible operators of existing and new sites may seek
authorization under the new CGP. Any construction site operator
obtaining permit coverage prior to the expiration date of the 2012 CGP
will automatically remain covered under that permit until the earliest
of:
     Authorization for coverage under the 2017 CGP following a
timely submittal of a complete and accurate Notice of Intent (NOI);
     Submittal of a Notice of Termination (NOT); or
     EPA issues an individual permit or denies coverage under
an individual permit for the site's stormwater discharges.

F. Who are the EPA regional contacts for this permit?

    For EPA Region 1, contact Suzanne Warner at telephone number: (617)
918-1383 or email at<EMAIL_ADDRESS>    For EPA Region 2, contact Stephen Venezia at telephone number:
(212) 637-3856 or email at<EMAIL_ADDRESS>or for Puerto Rico,
contact Sergio Bosques at tel.:<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    For EPA Region 3, contact Carissa Moncavage at telephone number:
(215) 814-5798 or email at<EMAIL_ADDRESS>    For EPA Region 4, contact Michael Mitchell at telephone number:
(404) 562-9303 or email at<EMAIL_ADDRESS>    For EPA Region 5, contact Brian Bell at telephone number: (312)
886-0981 or email at<EMAIL_ADDRESS>    For EPA Region 6, contact Suzanna Perea at telephone number: (214)
665-7217 or email at<EMAIL_ADDRESS>    For EPA Region 7, contact Mark Matthews at telephone number: (913)
551-7635 or email at<EMAIL_ADDRESS>    For EPA Region 8, contact Amy Clark at telephone number: (303) 312-
7014 or email at<EMAIL_ADDRESS>    For EPA Region 9, contact Eugene Bromley at telephone number: (415)
972-3510 or email at<EMAIL_ADDRESS>    For EPA Region 10, contact Margaret McCauley at telephone number:
(206) 553-1772 or email at<EMAIL_ADDRESS>
II. Background of Permit

    The Clean Water Act (``CWA'') establishes a comprehensive program
``to restore and maintain the chemical, physical, and biological
integrity of the Nation's waters.'' 33 U.S.C. 1251(a). The CWA also
includes the objective of attaining ``water quality which provides for
the protection and propagation of fish, shellfish and wildlife and * *
* recreation in and on the water.'' 33 U.S.C. 1251(a)(2)). To achieve
these goals, the CWA requires EPA to control discharges of pollutants
from point sources through the issuance of National Pollutant Discharge
Elimination System (``NPDES'') permits.
    The Water Quality Act of 1987 (WQA) added section 402(p) to the
CWA, which directed EPA to develop a phased approach to regulate
stormwater discharges under the NPDES program. 33 U.S.C. 1342(p). EPA
published a final regulation in the Federal Register, often called the
``Phase I Rule,'' on November 16, 1990, establishing permit application
requirements for, among other things, ``storm water discharges
associated with industrial activity.'' See 55 FR 47990. EPA defines the
term ``storm water discharge associated with industrial activity'' in a
comprehensive manner to cover a wide variety of facilities. See id.
Construction activities, including activities that are part of a larger
common plan of development or sale, that ultimately 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). The second rule implementing
section 402(p), often called the ``Phase II Rule,'' was published in
the Federal Register on December 8, 1999. It requires NPDES permits for
discharges from construction sites disturbing at least one acre but
less than five acres, including sites that are part of a larger common
plan of development or sale that will ultimately disturb at least one
acre but less than five acres, pursuant to 40 CFR 122.26(b)(15)(i). See
64 FR 68722. EPA is proposing to issue this draft permit under the
statutory and regulatory authority cited above.
    NPDES permits for construction stormwater discharges are required
under Section 402(a)(1) of the CWA to include conditions to meet
technology-based effluent limits established under Section 301 and,
where applicable, Section 306. Effluent limitations guidelines (ELGs)
and New Source Performance Standards (NSPS) are technology-based
effluent limitations that are based on the degree of control that can
be achieved using various levels of pollutant control technology as
defined in Subchapter III of the CWA.
    Once a new national standard is established in accordance with
these sections, NPDES permits must incorporate limits based on such
technology-based standards. See CWA sections 301 and 306, 33 U.S.C.
1311 and 1316, and 40 CFR 122.44(a)(1). On December 1, 2009, EPA
published final regulations establishing technology-based Effluent
Limitations Guidelines (ELGs) and New Source Performance Standards
(NSPS) for the Construction & Development (C&D) point source category,
which became effective on February 1, 2010. See 40 CFR part 450, and 74
FR 62996 (December 1, 2009). The Construction & Development Rule, or
``C&D rule,'' was amended on March 6, 2014 to satisfy EPA's agreements
pursuant to a settlement of litigation that challenged the 2009 rule.
See 79 FR 12661. All NPDES construction permits issued by EPA or states
after this date must incorporate the requirements in the C&D rule.

III. Summary of the Draft Permit

    The draft permit is similar to the existing 2012 CGP. It includes
effluent limitations (i.e., requirements for erosion and sediment and
pollutant prevention controls) and requirements for self-inspections,
corrective actions, staff training, development of a stormwater
pollution prevention plan (SWPPP), and permit conditions applicable to
construction sites in specific states, Indian country lands, and
territories. Additionally, the appendices provide forms for the
submittal of an NOI, NOT, Low Erosivity Waiver (LEW), as well as step-
by-step procedures for determining eligibility with respect to the
protection of threatened and endangered species and historic
properties, and for complying with the draft permit's natural buffer
requirements.

A. Technology-Based Effluent Limits

    As stated previously, all NPDES construction permits issued by EPA
or states after March 6, 2014 must incorporate the requirements in the
C&D rule, as amended. The non-numeric effluent limitations in the C&D
rule are designed to prevent the mobilization and discharge of sediment
and sediment-bound pollutants, such as metals and nutrients, and to
prevent or

minimize exposure of stormwater to construction materials, debris, and
other sources of pollutants on construction sites. In addition, these
non-numeric effluent limitations limit the generation of dissolved
pollutants. Soil on construction sites can contain a variety of
pollutants such as nutrients, pesticides, herbicides, and metals. These
pollutants may be present naturally in the soil, such as arsenic or
selenium, or they may have been contributed by previous activities on
the site, such as agriculture or industrial activities. These
pollutants, once mobilized by stormwater, can detach from the soil
particles and become dissolved pollutants. Once dissolved, these
pollutants would not be removed by down-slope sediment controls. Source
control through minimization of soil erosion is therefore the most
effective way of controlling the discharge of these pollutants.
    The non-numeric effluent limits in the C&D rule, upon which certain
technology-based requirements in the draft permit are based, include
the following:
     Erosion and Sediment Controls--Permittees are required to
design, install and maintain effective erosion controls and sediment
controls to minimize the discharge of pollutants. At a minimum, such
controls must be designed, installed and maintained to:
    1. Control stormwater volume and velocity to minimize soil erosion
in order to minimize pollutant discharges;
    2. Control stormwater discharges, including both peak flowrates and
total stormwater volume, to minimize channel and streambank erosion and
scour in the immediate vicinity of discharge points;
    3. Minimize the amount of soil exposed during construction
activity;
    4. Minimize the disturbance of steep slopes;
    5. Minimize sediment discharges from the site. The design,
installation and maintenance of erosion and sediment controls must
address factors such as the amount, frequency, intensity and duration
of precipitation, the nature of resulting stormwater discharge, and
soil characteristics, including the range of soil particle sizes
expected to be present on the site;
    6. Provide and maintain natural buffers around waters of the United
States, direct stormwater to vegetated areas and maximize stormwater
infiltration to reduce pollutant discharges, unless infeasible;
    7. Minimize soil compaction. Minimizing soil compaction is not
required where the intended function of a specific area of the site
dictates that it be compacted; and
    8. Unless infeasible, preserve topsoil. Preserving topsoil is not
required where the intended function of a specific area of the site
dictates that the topsoil be disturbed or removed.
     Soil Stabilization Requirements--Permittees are required
to, at a minimum, initiate soil stabilization measures immediately
whenever any clearing, grading, excavating or other earth disturbing
activities have permanently ceased on any portion of the site, or
temporarily ceased on any portion of the site and will not resume for a
period exceeding 14 calendar days. In arid, semiarid, and drought-
stricken areas where initiating vegetative stabilization measures
immediately is infeasible, alternative stabilization measures must be
employed as specified by the permitting authority. Stabilization must
be completed within a period of time determined by the permitting
authority. In limited circumstances, stabilization may not be required
if the intended function of a specific area of the site necessitates
that it remain disturbed.
     Dewatering Requirements--Permittees are required to
minimize the discharge of pollutants from dewatering trenches and
excavations. Discharges are prohibited unless managed by appropriate
controls.
     Pollution Prevention Measures--Permittees are required to
design, install, implement, and maintain effective pollution prevention
measures to minimize the discharge of pollutants. At a minimum, such
measures must be designed, installed, implemented and maintained to:
    1. Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. Wash waters must be
treated in a sediment basin or alternative control that provides
equivalent or better treatment prior to discharge;
    2. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste and other materials
present on the site to precipitation and to stormwater. Minimization of
exposure is not required in cases where the exposure to precipitation
and to stormwater will not result in a discharge of pollutants, or
where exposure of a specific material or product poses little risk of
stormwater contamination (such as final products and materials intended
for outdoor use); and
    3. Minimize the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response procedures.
     Prohibited Discharges--The following discharges from C&D
sites are prohibited:
    1. Wastewater from washout of concrete, unless managed by an
appropriate control;
    2. Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds and other construction materials;
    3. Fuels, oils, or other pollutants used in vehicle and equipment
operation and maintenance; and
    4. Soaps or solvents used in vehicle and equipment washing.
     Surface Outlets--When discharging from basins and
impoundments, permittees are required to utilize outlet structures that
withdraw water from the surface, unless infeasible.
    The fact sheet details how EPA has incorporated these requirements
into the draft permit. The discussion in the fact sheet includes a
summary of each provision and the Agency's rationale for articulating
the provision in this way.

B. Water Quality-Based Effluent Limits (WQBELs)

    EPA's regulations at 40 CFR 122.44(d)(1) require permitting
authorities to include additional or more stringent permit requirements
when necessary to achieve water quality standards. The 2012 CGP
contained several provisions to protect water quality and the draft
permit includes those same provisions. It includes a narrative WQBEL
requiring that discharges be controlled as necessary to meet applicable
water quality standards. Failure to control discharges in a manner that
meets applicable water quality standards will be a violation of the
permit.
    In addition to the narrative WQBEL, the draft permit contains
related provisions that act together to further protect water quality.
These provisions were also included in the 2012 CGP. For example, the
draft permit requires permittees to implement stormwater control
measures and to take corrective action in response to any exceedance of
applicable water quality standards. To provide further protection, the
draft permit requires more stringent site inspection frequencies and
stabilization deadlines for constructions sites that discharge to
sensitive waters, such as those waters that are sediment or nutrient-
impaired, which are parameters typically associated with stormwater
discharges from construction sites, or waters identified by a state,
tribe, or

EPA as requiring enhanced protection under antidegradation
requirements. Additionally, EPA expects that, as with the 2012 CGP, the
Agency will receive CWA Section 401 certifications for the final 2017
CGP. Some of those certifications may include additional conditions
that are required by states, Indian country lands, and territories,
that become legally binding permit limits and conditions in specific
geographic areas where the permit is available.

C. Summary of Proposed Permit Changes

    EPA proposes to make several modifications to the 2012 CGP, which
are summarized below and discussed in more detail in the fact sheet.
EPA also specifically requests comment on several potential permit
modifications, which are summarized in Section III.D below. The fact
sheet for the draft permit explains in more detail each proposed permit
condition and the rationale for including those conditions and any
changes to those conditions. The fact sheet and draft permit can be
found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities. The following list summarizes these specific permit
modifications, and where they are included in the draft permit.
    1. Streamlining of permit--EPA proposes to streamline and simplify
language throughout the draft permit to present requirements in a
generally more clear and readable manner. This structure should enhance
the permittees' understanding of and compliance with the permit's
requirements. For example, EPA moved language that was not necessary in
the permit to the relevant appendix or to the fact sheet. Although the
draft permit has been streamlined from prior permits, many of the
requirements remain unchanged.
    2. Revisions consistent with the C&D ELG, as amended-- EPA proposes
to make minor revisions to the technology-based effluent limits in the
permit to implement the March 6, 2014 amendments to the Construction
and Development Effluent Guidelines and Standards (the ``C&D rule'') at
40 CFR part 450 (see section III.A. of this notice on Technology-Based
Effluent Limits). The 2012 CGP already incorporated the original C&D
rule requirements and the draft permit makes the necessary revisions to
the language based on the rule amendments, but does not add any new
requirements. These revisions include clarifying the applicability of
requirements to control erosion caused by discharges, providing
additional details on areas where buffers are required, and clarifying
requirements for soil stabilization, preservation of topsoil, and
pollution prevention measures.
    3. Authorized non-stormwater discharges--EPA currently authorizes
several non-stormwater discharges associated with construction activity
under the 2012 CGP. EPA proposes in the draft permit to require that
authorized non-stormwater discharges of external building washdown
waters must not contain hazardous substances, such as paint or caulk
containing polychlorinated biphenyls (PCBs). Part 1.2.2.
    4. Public notice of permit coverage--The current 2012 CGP requires
that permittees post a sign or other public notice of permit coverage
at a safe, publicly accessible location in close proximity to the
construction site. EPA proposes in the draft permit that this notice
must also include information informing the public on how to contact
EPA if stormwater pollution is observed in the discharge. EPA is
proposing to require this condition to improve compliance with the
permit. Part 1.5.
    5. Stockpiles and land clearing debris piles--The current 2012 CGP
requires that cover or appropriate temporary stabilization be provided
for any stockpiles ``where practicable.'' EPA proposes in the draft
permit to require cover or appropriate temporary stabilization for all
inactive stockpiles and land clearing debris piles for those piles that
will be unused for 14 or more days. This provision is consistent with
the permit's stabilization requirements in Part 2.2.14 of the draft
permit. EPA is proposing this change to ensure pollutants are minimized
from these piles, but is clarifying that the requirement only applies
where these piles are not actively being used. Part 2.2.5.
    6. Construction and domestic waste--EPA proposes in the draft
permit to require waste container lids to be kept closed when not in
use, or, for waste containers that do not have lids and could leak, EPA
proposes to require cover or a similarly effective means to be provided
to minimize the discharge of pollutants. EPA proposes this change to
make the requirements for construction and domestic waste consistent
with the cover requirements for most other types of materials and
wastes in the 2012 CGP. Part 2.3.3.
    7. Pollution prevention requirements for demolition activities--EPA
proposes in the draft permit a requirement to implement controls to
minimize the exposure of polychlorinated biphenyl- (PCB) containing
building materials to precipitation and stormwater associated with the
demolition of structures with at least 10,000 square feet of floor
space built or renovated before January 1, 1980. In addition, EPA
proposes to require information about the demolition location and
associated pollutants to be documented in the SWPPP. Part 2.3.3.
    8. Reporting information on construction activities--EPA proposes
to require a question on the NOI form asking for the type of
construction activities that will occur on the site. See draft Appendix
J.

D. Provisions for Which EPA is Soliciting Comment

    While EPA encourages the public to review and comment on all
provisions in the draft permit, EPA has included in the body of the
draft permit several provisions on which EPA specifically requests
feedback. The following list summarizes these specific requests for
comment, and where they are included in the permit:
    1. Group SWPPP for multiple operators--Request for comment on
whether the permit should include a provision for sites with multiple
operators requiring those operators to develop a group SWPPP. Part
1.1.1.
    2. Authorized non-stormwater discharges--Request for comment on
whether to require that authorized non-stormwater discharges of
external building washdown waters must not contain hazardous
substances. Part 1.2.2.
    3. Stabilization deadlines--Request for comment on modifying the
deadline to complete stabilization to seven (7) calendar days for all
sites. Part 2.2.14.
    4. Controls for dewatering discharges--Request for comment on
additional controls or requirements EPA should consider to ensure that
discharges of pollutants in construction dewatering discharges are
minimized. Part 2.4.
    5. Site inspection frequency--Request for comment on modifying the
minimum site inspection frequency. Part 4.2.2.
    6. Snowmelt discharge inspection frequency--Request for comment on
the frequency of inspections that should be required for discharge
events with snowmelt runoff. Part 4.2.2.
    7. Availability of Stormwater Pollution Prevention Plan (SWPPP)--
Request for comment on requiring operators to make the SWPPP, or a
portion of the SWPPP, publicly available. Part 7.3.

IV. Analysis of Economic Impacts

    EPA expects the economic impact on entities that will be covered
under this permit, including small businesses, to be minimal. A copy of
EPA's economic analysis, titled ``Cost Impact Analysis for the 2017
Proposed Construction General Permit (CGP),'' is available in the
docket for this draft permit. The economic impact analysis indicates
that while there may be some incremental increase in the costs of
complying with the new permit, these costs will not have a significant
economic impact on a substantial number of small entities.

V. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    The draft permit is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

VI. Compliance with the National Environmental Policy Act (NEPA) for
the National Pollutant Discharge Elimination System (NPDES) General
Permit for Discharges From Construction Activities

    Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C.
4321-4307h), the Council on Environmental Quality's NEPA regulations
(40 CFR part 15), and EPA's regulations for implementing NEPA (40 CFR
part 6), EPA has determined that the 2017 reissuance of the CGP is
eligible for a categorical exclusion requiring documentation under 40
CFR 6.204(a)(1)(iv). This category includes ``actions involving
reissuance of a NPDES permit for a new source providing the conclusions
of the original NEPA document are still valid, there will be no
degradation of the receiving waters, and the permit conditions do not
change or are more environmentally protective.'' EPA completed an
Environmental Assessment/Finding of No Significant Impact (EA/FONSI)
for the existing 2012 CGP. The analysis and conclusions regarding the
potential environmental impacts, reasonable alternatives, and potential
mitigation included in the EA/FONSI are still valid for the 2017
reissuance of the CGP because the proposed permit conditions are either
the same or in some cases are more environmentally protective. Actions
may be categorically excluded if the action fits within a category of
action that is eligible for exclusion and the proposed action does not
involve any extraordinary circumstances. EPA has reviewed the proposed
action and determined that the 2017 reissuance of the CGP does not
involve any extraordinary circumstances listed in 6.204(b)(1) through
(b)(10). Prior to the issuance of the final 2017 CGP, the EPA
Responsible Official will document the application of the categorical
exclusion and will make it available to the public on EPA's Web site at
https://cdxnodengn.epa.gov/cdx-enepa-public/action/nepa/search. If new
information or changes in the draft permit involve or relate to at
least one of the extraordinary circumstances or otherwise indicate that
the permit may not meet the criteria for categorical exclusion, EPA
will prepare an EA or Environmental Impact Statement (EIS).

VII. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (February 16, 1994))
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has determined that this draft permit will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because the requirements
in the draft permit apply equally to all construction projects that
disturb one or more acres in areas where EPA is the permitting
authority, and the erosion and sediment control proposed provisions
increase the level of environmental protection for all affected
populations.

VIII. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    In compliance with Executive Order 13175, EPA has consulted with
tribal officials to gain an understanding of and, where necessary, to
address the tribal implications of the draft permit. In the course of
this consultation, EPA conducted the following activities:
     August 5, 2015--EPA mailed notification letters to all
Tribal leaders, initiating consultation and coordination on the draft
permit. The consultation period was from August 17, 2015 to October 13,
2015.
     August 11, 2015--EPA presented a brief overview of the
current CGP and information regarding the upcoming consultation to the
National Tribal Caucus.
     August 12, 2015--EPA presented a brief overview of the
current CGP and information regarding the upcoming consultation to the
National Tribal Water Council.
     September 22, 2015--EPA held a consultation teleconference
call; 18 Tribes were represented. EPA responded to the general
questions raised on the call.
     On October 14, 2015, EPA received one set of comments from
a Tribe in the State of Washington. EPA has started evaluation of the
comments and will consider them moving forward; EPA will respond to the
formal comments submitted in writing during the comment period in the
Agency's final action.
     EPA will provide email notification to Tribes of today's
proposal of the draft permit, and invite those interested to provide
the Agency with comments.
    EPA also notes that as part of the finalization of this draft
permit, it will complete the Section 401 certification procedures with
all applicable tribes where this permit will apply (see Appendix B).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: March 29, 2016.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.

    Dated: March 29, 2016.
Joan Leary Matthews
Director, Clean Water Division, EPA Region 2.

    Dated: March 29, 2016.
Jose C. Font
Director, Caribbean Environmental Protection Division, EPA Region 2.

    Dated: March 29, 2016.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.

    Dated: March 29, 2016.
James D. Giattina,
Director, Water Protection Division, EPA Region 4.

    Dated: March 29, 2016.
Tinka G. Hyde
Director, Water Division, EPA Region 5.

    Dated: March 29, 2016.
David Garcia,
Deputy Director, Water Division, EPA Region 6.

    Dated: March 29, 2016.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides Division, EPA Region 7.

    Dated: March 29, 2016.
Darcy O'Connor,
Acting Assistant Regional Administrator, EPA Region 8.

    Dated: March 29, 2016.
Mike Montgomery
Assistant Director, Water Division, EPA Region 9.

    Dated: March 29, 2016.
Daniel D. Opalski,
Director, Office of Water and Watersheds, EPA Region 10.

[FR Doc. 2016-08276 Filed 4-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87417-87419]
[FR Doc No: 2016-28600]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5466; Directorate Identifier 2015-NM-183-AD;
Amendment 39-18724; AD 2016-24-07]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by
investigation results that determined that a certain thickness of the
fuel tank panels is insufficient to meet the certification
requirements. This AD requires inspecting the thickness of the fuel
tank panels, and repair if necessary. We are issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective January 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 9,
2017.

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet
http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5466.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5466; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 7X airplanes. The NPRM published in the Federal Register
on April 13, 2016 (81 FR 21770) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0216, dated October 28, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Dassault
Aviation Model FALCON 7X airplanes. The MCAI states:

    Several rear fuselage tanks of the Falcon 7X were assembled on
the production line with a lateral panel, which had been excessively
chemically-milled in some areas. Investigation results determined
that the remaining thickness is insufficient to meet the
certification requirements. Dassault Aviation identified the
individual aeroplanes that are potentially affected by this
production deficiency. Due to this reduced thickness, the risk of
damaging and puncturing a fuel tank wall panel as a result of a high
energy lightning strike is increased.
    This condition, if not detected and corrected, could lead to
loss of electrical power and/or other essential functions, possibly
resulting in reduced control of the aeroplane or ignition of a fuel
tank.
    To address this potential unsafe condition, Dassault Aviation
published Service Bulletin (SB) 7X-245 to provide inspection and
repair instructions.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the fuel tank wall panels and, depending on
findings, accomplishment of a repair.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5466.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Dassault Service Bulletin 7X-245, dated June 8, 2015.
The service information describes procedures for measuring fuel tank
panel thickness, and repair if necessary.

This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry. We
also estimate that it will take about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $4,080, or $680 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 20 work-hours and require parts costing $2,244, for a cost
of $3,944 per product. We have no way of determining the number of
aircraft that might need this action.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-24-07 Dassault Aviation: Amendment 39-18724; Docket No. FAA-
2016-5466; Directorate Identifier 2015-NM-183-AD.

(a) Effective Date

    This AD is effective January 9, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, serial numbers (S/Ns) 17 through 21
inclusive, S/Ns 86 through 90 inclusive, S/Ns 115 through 119
inclusive, S/Ns 129 through 138 inclusive, and S/N 155.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by investigation results that determined
that a certain thickness of the fuel tank panels is insufficient to
meet the certification requirements. We are issuing this AD to
detect and correct improper thickness of the fuel tank panels.
Improper thickness increases the risk of damaging and puncturing a
fuel tank wall panel as a result of a high energy lightning strike,
which could lead to loss of electrical power and/or other essential
functions, possibly resulting in reduced control of the airplane or
ignition of a fuel tank.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Repair

    Within 99 months or 4,100 flight cycles, whichever occurs first
since the date of first delivery of the airplane, inspect for
improper thickness of the fuel tank panels, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin 7X-245,
dated June 8, 2015. If improper thickness is found during this
inspection, before further flight, repair the fuel tank panels, in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin 7X-245, dated June 8, 2015.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2015-0216, dated October 28, 2015, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5466.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Service Bulletin 7X-245, dated June 8, 2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28600 Filed 12-2-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Proposed Rules]
[Pages 78949-78951]
[FR Doc No: 2016-27109]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9295; Airspace Docket No. 16-AWP-16]

Proposed Amendment of Class E Airspace, Establishment of Class E
En Route Airspace; Paso Robles, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to modify Class E surface area airspace,
Class E airspace extending upward from 700 feet above the surface, and
establish Class E en route airspace at Paso Robles, CA. After a review
of the airspace, the FAA found redesign necessary to support new
Instrument Flight Rules (IFR) standard instrument approach procedures,
and en route operations where the Federal airway structure is
inadequate, for the safety and management of aircraft operations at the
airport. The geographic coordinates of the airport also would be
adjusted.

DATES: Comments must be received on or before December 27, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2016-9295; Airspace Docket No. 16-AWP-16, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Paso Robles Municipal Airport,
Paso Robles, CA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above.

Persons wishing the FAA to acknowledge receipt of their comments on
this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2016-9295/Airspace Docket No. 15-ANM-6.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2015, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E surface area
airspace, Class E airspace extending upward from 700 feet above the
surface, and establishing Class E en route airspace upward from 1,200
feet above the surface at Paso Robles Municipal Airport, Paso Robles,
CA. The FAA is transitioning from a system of ground based navigational
aids, which are being decommissioned, to Global Navigation Satellite
System (GNSS) for navigation and found airspace redesign necessary to
support new GNSS standard instrument approach procedures and en route,
point-to-point clearances for which the Federal airway structure is
inadequate. The Class E surface area airspace would be slightly
increased to contain arrival aircraft using IFR standard instrument
approach procedures as they descend below 1,000 feet above the surface,
and the language in the regulatory text excluding the Hunter Low A,
Hunter Low B, and Roberts Military Operations Areas would be removed
since exclusion is not necessary nor currently shown on published
aeronautical charts. Also, the Class E airspace upward from 700 feet
above the surface would be slightly enlarged north and southeast, and
reduced southwest, to only that area necessary to contain IFR arrival
aircraft as they descend below 1,500 feet above the surface, and IFR
departure aircraft as they climb to 1,200 feet above the surface.
Additionally, Class E en route airspace upward from 1,200 feet above
the surface would be established to adjoin the Monterey, Lemoore,
Bakersfield, and Santa Barbara Class E airspace areas upward from 1,200
feet above the surface, to provide en route controlled airspace where
the Federal airway structure is inadequate. Also, this action would
remove the existing Class E transitional airspace upward from 1,200
feet above the surface since this would no longer be necessary and
would be redundant with the establishment of the larger en route
airspace, described above. The geographic coordinates of the airport
would be adjusted to be in concert with the FAA's aeronautical
database.
    Class E airspace designations are published in paragraph 6002,
6005, and 6006, respectively, of FAA Order 7400.11A, dated August 3,
2016 and effective September 15, 2016, which is incorporated by
reference in 14 CFR 71.1. The Class D and Class E airspace designations
listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA E2 Paso Robles, CA [Modified]

Paso Robles Municipal Airport, CA
    (Lat. 35[deg]40'22'' N., long. 120[deg]37'38'' W.)

    That airspace within a 5.7-mile radius of Paso Robles Municipal
Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Paso Robles, CA [Modified]

Paso Robles Municipal Airport, CA

    (Lat. 35[deg]40'22'' N., long. 120[deg]37'38'' W.)

    That airspace extending upward from 700 feet above the surface
within a 10.5-mile radius of Paso Robles Municipal Airport from the
351[deg] bearing of the airport clockwise to the 040[deg] bearing,
and within a 5.7-mile radius from the 040[deg] bearing of the
airport clockwise to the 128[deg] bearing, and within a 9-mile
radius from the 128[deg] bearing of the airport clockwise to the
168[deg] bearing, and within a 7-mile radius from the 168[deg]
bearing of the airport clockwise to the 209[deg] bearing, and within
a 5.7-mile radius from the 209[deg] bearing of the airport clockwise
to the 323[deg] bearing, and within 1.8 miles each side of the
341[deg] bearing from the airport extending to 9.6 miles northwest
of the airport.

Paragraph 6006 Class E En Route Airspace.

* * * * *

AWP CA E6 Paso Robles, CA [New]

Paso Robles Municipal Airport, CA
    (Lat. 35[deg]40'22'' N., long. 120[deg]37'38'' W.)

    That airspace extending upward from 1,200 feet above the surface
within the area bounded by lat. 35[deg]34'54'' N., long.
120[deg]4'52'' W.; to lat. 35[deg]43'55'' N., long. 120[deg]4'52''
W.; to lat. 35[deg]43'58'' N., long. 120[deg]20'49'' W.; to lat.
36[deg]8'51'' N., long. 120[deg]39'41'' W.; to lat. 36[deg]23'8''
N., long. 120[deg]42'26'' W.; to lat. 36[deg]23'13'' N., long.
121[deg]3'25'' W.; to lat. 36[deg]0'42'' N., long. 121[deg]33'30''
W.; to lat. 35[deg]37'48'' N., long. 121[deg]21'48'' W.; to lat.
35[deg]25'55'' N., long. 121[deg]2'47'' W.; to lat. 35[deg]32'43''
N., long. 121[deg]2'47'' W.; to lat. 35[deg]32'52'' N., long.
120[deg]40'42'' W.; to lat. 35[deg]22'10'' N., long. 120[deg]32'00''
W; to lat. 35[deg]31'44'' N., long. 120[deg]14'50'' W.; to lat.
35[deg]35''25'' N., long. 120[deg]17'41'' W.; to the point of
beginning.

    Issued in Seattle, Washington, on November 1, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-27109 Filed 11-9-16; 8:45 am]
 BILLING CODE 4910-13-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0794; FRL-         ]

Approval and Promulgation of Air Quality Implementation Plans; Maryland;
Amendments to the Control of VOC Emissions from Consumer Products

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland.  This SIP revision pertains to the
control of volatile organic compound (VOC) emissions from consumer
products based on the 2006 Ozone Transport Commission (OTC) model rule
for consumer products.  Maryland’s amendments to the consumer products
rule include fourteen categories that are new, including subcategories
with new product category definitions and VOC limits; one previously
regulated category with a more restrictive VOC limit; and two previously
regulated categories with additional requirements.  EPA is approving
this SIP revision in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0794.  All documents in the docket are listed
in the www.regulations.gov website.  Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and

will be publicly available only in hard copy form.  Publicly available
docket materials are

available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland.

FOR FURTHER INFORMATION CONTACT:  Rose Quinto,<PHONE_NUMBER>, or by
e-mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

I.  Background

On October 4, 2007 (72 FR 56707), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland.  The NPR proposed approval
of amendments to the control of VOC emissions from consumer products.
The formal SIP revision (#07-08) was submitted by the Maryland
Department of the Environment (MDE) on June 18, 2007.  Maryland’s
consumer products rule incorporates the changes made by the California
Air Resources Board (CARB) in 2005 that the OTC developed as a model
rule for consumer products in 2006.  These

amendments affect 18 categories of consumer products.  Fourteen
categories are new, including subcategories with new product category
definitions and VOC limits; one previously regulated category with a
more restrictive VOC limit; and two previously regulated categories with
additional requirements.  The compliance date for these categories is
January 1, 2009.

The new categories are:  (1) Adhesive remover with four subcategories:
floor or wall covering, gasket or thread locking, general purpose and
specialty; (2) anti-static product; (3) electrical cleaner; (4)
electronic cleaner; (6) fabric refresher; (7) footwear or leather care
product; (8) hair styling product that will incorporate hair styling gel
and include additional forms of hair styling products (i.e.; liquid,
semi-solid, and pump spray) but does not include hair spray product or
hair mousse; (9) graffiti remover; (10) shaving gel; (11) toilet/urinal
care product; and (12) wood cleaner.  The previously regulated category
with a more restrictive limit is contact adhesive that has been
separated into two subcategories:  general purpose and special purpose.
The previously regulated categories with additional requirements are air
fresheners and general purpose degreasers.

The rationale for EPA's proposed action are explained in the NPR and
will not be restated here.  No public comments were received on the NPR.

II.  Final Action

EPA is approving the amendments to the control of VOC emissions from
consumer products as a revision to the Maryland SIP.  This SIP revision
was submitted by MDE on June 18, 2007.

III.  Statutory and Executive Order Reviews

A.  General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because

this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by state
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104-4).  This rule also does not have
tribal implications

because it will not have a substantial direct effect on one or more
Indian tribes, on the

relationship between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).  This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999).  This action merely approves a state rule
implementing a Federal requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
CAA.  This rule also is not subject to Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks( (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the CAA.  In this context, in
the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), EPA has no authority to disapprove
a SIP submission for failure to use VCS.  It would thus be inconsistent
with applicable law for EPA, when it reviews a SIP submission, to use
VCS in place of a SIP submission that otherwise satisfies the provisions
of the CAA.  Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.  This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  This rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [insert date 60 days from date of publication of
this document in the Federal Register].  Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action pertaining to the amendments of Maryland’s consumer
products rule, may not be challenged later in proceedings

to enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR part 52

Environmental protection, Air pollution control, Incorporation by
reference ,Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

__November 20, 2007
_____/s/__________________________

Dated:                            				Donald S. Welsh,
              								Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows:

PART 52 - [AMENDED]

1.  The authority citation for part 52 continues to read as follows:

               Authority:  42 U.S.C. 7401 et seq.

Subpart V( Maryland

2.  In ( 52.1070, the table in paragraph (c) is amended by adding and
revising entries for COMAR 26.11.32 to read as follows:

( 52.1070  		Identification of plan.

*		*		*		*		*

(c) * * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP

Code of Maryland administrative regulations (COMAR) citation

Title/subject

State effective date

EPA approval date

Additional explanation/

citation at 40 CFR 52.1100

          *            *               *              *              *
              *             *

26.11.32	Control of Emissions of Volatile Organic Compound Emissions
from Consumer Products

<IP_ADDRESS>	Applicability and Exemptions

	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]

	<IP_ADDRESS>	Incorporation by Reference	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]

	<IP_ADDRESS>	Definitions	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	<IP_ADDRESS>	Standards - General	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]

<IP_ADDRESS>	Standards- Requirements for Charcoal Lighter Materials
08/18/03	12/09/03

68 FR 68523

	(c)(185)

<IP_ADDRESS>	Standards – Requirements for Aerosol Adhesives	06/18/07
[Insert Federal Register publication date]

[Insert page number where the document begins]

	<IP_ADDRESS>	Standards - Requirements for Floor Wax Strippers	08/18/03
12/09/03

68 FR 68523

	(c)(185)

<IP_ADDRESS>	Requirements for Contact Adhesives, Electronic Cleaners,
Footwear, or Leather Care Products, and General Purpose Cleaners
06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

<IP_ADDRESS>	Requirements for Adhesive Removers, Electrical Cleaners, and
Graffiti Removers	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

<IP_ADDRESS>	Requirements for Solid Air Fresheners and Toilet and Urinal
Care Products	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

<IP_ADDRESS>	Innovative Products – CARB Exemption	06/18/07	[Insert
Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .08

<IP_ADDRESS>	Innovative Products – Department Exemption	06/18/07
[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .09

<IP_ADDRESS>	Administrative Requirements	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .10;  Amended

<IP_ADDRESS>	Reporting Requirements	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .11;  Amended

<IP_ADDRESS>	Variances	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .12;  Amended

<IP_ADDRESS>	Test Methods	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .13;  Amended

<IP_ADDRESS>	Alternative Control Plan (ACP)	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing  Regulation .14;  Amended

<IP_ADDRESS>	Approval of an ACP Application	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .15;  Amended

<IP_ADDRESS>	Record Keeping and Availability of Requested Information
06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .16

<IP_ADDRESS>	Violations	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .17

<IP_ADDRESS>	Surplus Reduction and Surplus Trading	06/18/07	[Insert
Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .18;  Amended

<IP_ADDRESS>	Limited-use surplus reduction credits for early formulations
of ACP Products	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .19;  Amended

<IP_ADDRESS>	Reconciliation of Shortfalls	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .20;  Amended

<IP_ADDRESS>	Modifications to an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .21;  Amended

<IP_ADDRESS>	Cancellation of an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .22;  Amended

<IP_ADDRESS>	Transfer of an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .23

 *             *               *                *                *
        *           *

*		*		*		*		*

 PAGE  6

 PAGE  13