49767 Federal Register / Vol. 68, No. 160 / Tuesday, August 19, 2003 / Notices ENVIRONMENTAL PROTECTION AGENCY [ OECA   2003   0036; FRL   7546   1]

Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for the Secondary Lead Smelter Industry ( 40 CFR Part 63, Subpart X), EPA ICR Number 1686.05, OMB Control Number 2060   0296 AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that an Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2003. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before September 18, 2003.

ADDRESSES: Submit your comments, referencing docket ID number OECA   2003   0036, to ( 1) EPA online using EDOCKET ( our preferred method), by email to docket. oeca@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and ( 2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mari ´ a Malave ´ , Compliance Assessment and Media Programs Division, Mail Code 2223A, Office of Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: ( 202) 564   7027; fax number: ( 202) 564   0050; e mail address: malave. maria@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 19, 2003 ( 68 FR 27059), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA   2003   0036, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566   1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. 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 EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to www. epa. gov/ edocket. Title: NESHAP for the Secondary Lead Smelter Industry ( 40 CFR part 63, subpart X). Abstract: The National Emission Standards for Hazardous Air Pollutants ( NESHAP) for the Secondary Lead Smelter Industry ( 40 CFR part 63, subpart X) were proposed on June 9, 1994 ( 59 FR 29750) and promulgated on June 23, 1995 ( 60 FR 32587). In response to industry petitions to reconsider, the final rule was amended on June 13, 1997 ( 62 FR 32209). Entities potentially affected by this rule are owners or operators of secondary lead smelters that operate furnaces to reduce scrap lead metal and lead compounds to elemental lead. The rule applies to secondary lead smelters that use blast, reverberatory, rotary, or electric smelting furnaces to recover lead metal from scrap lead, primarily from used lead acid automotive type batteries. These sources are emitters of several chemicals identified as hazardous air pollutants, including but not limited to lead compounds, arsenic compounds, and 1,3 butadiene. The rule provides protection to the public by requiring all secondary lead smelters to meet emission standards reflecting the application of the maximum achievable control technology ( MACT). This information is being collected to assure compliance with 40 CFR part 63, subpart X. Owners or operators of the affected facilities described must make one timeonly notifications including: notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate, notification of the initial performance test, including information necessary to determine the conditions of the performance test, and performance test measurements and results. All reports are sent to the delegated State or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office. Owners or operators must maintain records of initial and subsequent compliance tests for lead compounds, and identify the date, time, cause and corrective actions taken for all bag leak detection alarms. Records of continuous monitoring devices, including parametric monitoring, must be maintained and reported semiannually. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the records for at least five years following the date of such measurements and records. At a minimum, records of the previous two years must be maintained on site. Industry and EPA records indicate that 23 sources are subject to the standard, and no additional sources are expected to become subject to the VerDate jul< 14> 2003 16: 58 Aug 18, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 19AUN1. SGM 19AUN1 49768 Federal Register / Vol. 68, No. 160 / Tuesday, August 19, 2003 / Notices standard over the next three years. However, we have assumed that one furnace will be rebuilt per year and that each facility will make a major adjustment once per year which will require revising its operational plan. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 229 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Owners or operators of secondary lead smelters. Estimated Number of Respondents: 23. Frequency of Response: Semiannual and initially. Estimated Total Annual Hour Burden: 16,034 hours. Estimated Total Capital and Operations & Maintenance ( O & M) Annual Costs: $ 150,000 which includes zero annualized capital/ startup costs and $ 150,000 annual O& M costs. Changes in the Estimates: There is an increase of one hour in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens due to the rounding off of the mathematical calculations. There was no increase in the number of new or modified sources. The increase in the annual cost, is due to the use of an updated revised hourly pay rate from the United States Department of Labor. Dated: August 12, 2003.

Doreen Sterling,

Acting Director, Collection Strategies Division. [ FR Doc. 03   21182 Filed 8   18   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7545   9]

Agency Information Collection Activities OMB Responses AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notices.

SUMMARY: This document announces the Office of Management and Budget's ( OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Susan Auby ( 202) 566   1672, or e mail at auby. susan@ epa. gov and please refer to the appropriate EPA Information Collection Request ( ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests OMB Approvals EPA ICR No. 2088.01; Reporting and Recordkeeping Requirements under EPA's Hospitals for a Healthy Environment ( H2E) Program; was approved 07/ 14/ 2003; OMB Number 2070   0166; expires 07/ 31/ 2006.

Dated: August 7, 2003.

Doreen Sterling,

Acting Director, Collection Strategies Division. [ FR Doc. 03   21183 Filed 8   18   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ RCRA   2003   0008; FRL   7545   8]

Agency Information Collection Activities; Submission of EPA ICR No. 1381.07 ( OMB No. 2050   0122) to OMB for Review and Approval; Comment Request; Recordkeeping and Reporting for 40 CFR Part 258   Solid Waste Disposal Facilities and Practices AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Recordkeeping and Reporting for 40 CFR Part 258   Solid Waste Disposal Facilities and Practices ( OMB Control No. 2050   0122, EPA ICR No. 1381.07) This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before September 18, 2003. ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Municipal Information and Analysis Branch, Office of solid Waste, mailcode 5306W, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 308   9037; fax number: ( 703) 308   8686; e mail address: dufficy. craig@ epa. gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 19, 2003 ( 53 FR 13299), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. RCRA   2003   0008, which is available for public viewing at the Resource Conservation and Recovery Act ( RCRA) Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566   1744, and the telephone number for the RCRA VerDate jul< 14> 2003 16: 58 Aug 18, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 19AUN1. SGM 19AUN1


[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37583-37586]
[FR Doc No: 2017-16822]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9965-41-Region 10]

Public Notice of State of Idaho National Pollutant Discharge
Elimination System (NPDES) Program Submission for EPA Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment; notice of public
hearing.

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SUMMARY: The United States Environmental Protection Agency (EPA) is
requesting comments on and will hold public hearings for the State of
Idaho's National Pollutant Discharge Elimination System (NPDES) program
application (to be referred to as the ``IPDES program application'' or
the ``application''). The Governor of the State of Idaho submitted the
application to the EPA Region 10 Administrator pursuant to section 402
of the Clean Water Act (CWA or `the Act'). With this submission, the
Idaho Department of Environmental Quality (IDEQ) seeks approval to
administer the Idaho Pollutant Discharge Elimination System (IPDES)
program regulating discharges of pollutants into waters of the United
States under its jurisdiction. The State's request includes an
implementation plan to transfer from the EPA to IDEQ the administration
of specific program components in four phases over a four-year period
beginning July 1, 2018, or upon program approval, whichever is later.
If the EPA approves the IPDES program, IDEQ will administer this
program, subject to continuing EPA oversight and enforcement authority,
in place of the NPDES program now administered by the EPA. The EPA will
retain permitting authority over all facilities that are located within
a tribal reservation and/or facilities that discharge to tribal waters.
Today, the EPA is requesting comments on the State's application and
providing notice of public hearings that will be held at locations
throughout the state. At the close of the public comment period, the
EPA will review all the public comments received and will either
approve or disapprove the State's request for program approval. If
approved, the NPDES program authority will begin to transfer from the
EPA to IDEQ on or after July 1, 2018, with the final program phase
being transferred to IDEQ on or after July 1, 2021.

DATES: Comments must be received on or before October 10, 2017.

ADDRESSES: Location of Informational Meetings and Public Hearings: EPA
Region 10 will hold five information meetings, with each followed by a
public hearing on the following dates and times. Please check the Web
site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization prior to the scheduled dates for any updates to this
information.

       Table I-1--Locations for Informational and Public Meetings
------------------------------------------------------------------------
    Informational meeting and public
  hearing city/location/address/phone             Date and time
                 number
------------------------------------------------------------------------
Idaho Falls............................
    Central Public Library, 457 W        September 11, 2017: Duration:
     Broadway St., Idaho Falls, ID        4:00 p.m. until no later than
     83402,<PHONE_NUMBER>.               8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Twin Falls.............................
    Twin Falls Public Library, 201       September 12, 2017: Duration:
     Fourth Avenue East, Twin Falls, ID   4:00 p.m. until no later than
     83301,<PHONE_NUMBER>.               8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Boise..................................
    Boise Public Library, 715 S Capitol  September 13, 2017: Duration:
     Blvd., Boise, ID 83702, (208) 972-   4:00 p.m. until no later than
     8200.                                8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Lewiston...............................
    Lewiston Community Center, 1424      September 14, 2017: Duration:
     Main St., Lewiston, ID 83501,        4:00 p.m. until no later than
<PHONE_NUMBER>.                      8:00 p.m. (PT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Coeur d'Alene..........................
     Coeur d'Alene Public Library, 702   September 15, 2017: Duration:
     E Front Ave., Coeur d'Alene, ID      2:00 p.m. until no later than
     83814,<PHONE_NUMBER>.               6:00 p.m. (PT).
                                         Information meeting at 2:00
                                          p.m. until 3:30 p.m.
                                         Hearing will begin promptly at
                                          4:00 p.m., until testimony is
                                          complete.
------------------------------------------------------------------------

    Providing Comments. The EPA will consider comments on the IPDES
program application before making a final decision. You may submit
comments by any of the following methods:
    By Email: Send comments by email to<EMAIL_ADDRESS>    By Mail/Hand Delivery/Courier: Deliver comment to U.S. EPA, Attn:
Idaho NPDES Comments, Office of Water and Watersheds, Mail Stop OWW-
191, 1200 Sixth Ave., Suite 900, Seattle, WA 98101-3140.
    Viewing and/or Obtaining Copies of Documents. A copy of the
application and related documents may be viewed or downloaded, at no
cost, from the EPA Web site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization. Copies of documents are also available for
viewing or copying at the EPA Region 10 Library, 1200 Sixth Avenue,
Suite 900 M/S OMP-0102, Seattle, WA 98101 and at the EPA Idaho
Operations Office, 950 W Bannock, Suite 900, Boise, ID 83702 or call
208-378-5746. The R10 library is open Monday through Friday, excluding
federal holidays, 9:00 a.m.-12:00 p.m., and 1:00 p.m.-4:00 p.m. For
information about the cost of obtaining a copy or other information
refer to EPA's Web page at https://www.epa.gov/libraries/region-10-library-services or call<PHONE_NUMBER>. IDEQ will provide copies of
the application available for viewing at their Boise office and on
their Web site. The application, related documents and program
development documents can be viewed or downloaded, at no cost, from the
IDEQ Web site http://www.deq.idaho.gov/water-quality/ipdes/program-application/. The IDEQ contact is Mary Anne Nelson, IPDES Program
Manager<EMAIL_ADDRESS>(208) 373-0291.

FOR FURTHER INFORMATION CONTACT: Visit https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization or contact Karen Burgess,
NPDES Permits Unit, EPA Region 10;<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA;
territorial, and tribal programs; and the regulated community and
citizens within the state of Idaho. This table is not intended to be
exhaustive; rather, it provides a guide for readers regarding entities
that this action is likely to regulate.

   Table I-2--Entities Potentially Affected by This Proposed Approval
------------------------------------------------------------------------
                                      Examples of potentially affected
             Category                             entities
------------------------------------------------------------------------
State, Territorial, and Indian      States, Territories, and Indian
 Tribal Governments.                 Tribes that provide certification
                                     under section 401 of the CWA;
                                     States, Territories, and Indian
                                     Tribes that own or operate
                                     treatment works.
Municipalities....................  POTWs required to apply for or seek
                                     coverage under an NPDES individual
                                     or general permit and to perform
                                     routine monitoring as a condition
                                     of an NPDES permit.
Industry..........................  Facilities required to apply for or
                                     seek coverage under an NPDES
                                     individual or general permit and to
                                     perform routine monitoring as a
                                     condition of an NPDES permit.
NPDES Stakeholders................  Any party that may review and
                                     provide comments on NPDES permits.
Citizens of the state of Idaho....  Any party that may review and
                                     provide comments on NPDES permits.
------------------------------------------------------------------------

    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. What action is the EPA taking?

    The State of Idaho submitted a complete description of their IPDES
program and associated documents to the EPA. In accordance with CWA
section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR part
123, the EPA shall approve a submitted program unless adequate
authority does not exist as required by the CWA.

C. What is the EPA's authority for taking this action?

    CWA section 402 established the NPDES permitting program and gives
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
    State Permit Program Approval: Section 402 of the CWA, 33 U.S.C.
1342, created the NPDES program under which the EPA may issue permits
authorizing the point source discharge of pollutants to waters of the
United States under conditions required by the Act. The CWA Section
402(b), 33 U.S.C. 1342(b), provides that the EPA shall approve a State
to administer its own permit program, upon the Governor's request,
provided the State has appropriate legal authority and a program
sufficient to meet the Act's requirements. The regulatory requirements
for state program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/), and subpart B provides the requirements of state
program submissions, which IDEQ refers to as the IPDES program
application.
    Decision Process: Pursuant to 40 CFR 123.21 and 123.61(b), the EPA
must approve or disapprove the submitted IPDES program, which has been
determined to be complete, within 90 days of receipt, unless this
review period is extended by mutual agreement between the EPA and the
State. The State must show, among other things that it has the
authority to issue permits which comply with the Act, authority to
impose civil and criminal penalties for permit violations, and
authority to ensure that the public is given notice and an opportunity
for a hearing on each proposed permit. After the close of the public
comment period and completion of the required consultations, the
Regional Administrator for EPA Region 10 will make a decision to
approve or disapprove the IPDES program based on the requirements of
section 402 of the CWA and 40 CFR part 123. If the Regional
Administrator approves the IPDES program, the Regional Administrator
will so notify the State and sign the proposed Memorandum of Agreement
between the EPA and IDEQ (MOA). Notice would be published in the
Federal Register and, as of the date of program approval, the EPA would
suspend issuance of NPDES permits in Idaho in accordance with the
State's approved schedule to transfer NPDES program authority in
accordance with the phased implementation plan. If the Regional
Administrator disapproves the IPDES program, IDEQ will be notified of
the reasons for disapproval and of any revisions or modifications to
the program that are necessary to obtain approval. The EPA will not
make a final decision on IPDES program approval until after: (1)
Considering all public comments provided during the public comment
period and from the public hearings, and preparing a responsiveness
summary and (2) completion of government to government tribal
consultations, as requested, with federally recognized tribes in Idaho.
    Informational Meetings: Informational meetings will include a
technical overview of both the federal and state programs and provide
an opportunity for question and answer. IDEQ will participate with EPA
during these meetings. Questions and answers following the
informational meeting will not be entered into the official record.
Comments for the official record must be made in accordance with the
public hearings procedures and/or submitted as written comments before
the end of the comment period.
    Public Hearing Procedures. The public hearings will be conducted in
accordance with 40 CFR 124.12 and will provide interested parties with
the opportunity to give written and/or oral testimony into the official
record. The following procedures will be used at the public hearings.
(1) The Presiding Officer shall conduct the hearing in a manner which
will allow all interested persons wishing to make oral statements an
opportunity to do so; however, the Presiding Officer may inform
attendees of any time limitations during the opening statement of the
hearing. (2) Any person may submit written statements or documents for
the hearing record. (3) The transcript taken at the hearing, together
with copies of all submitted statements and documents, shall become a
part of the record submitted to the Regional Administrator. (4) The
hearing record shall be left open until the deadline for receipt of
comments specified at the beginning of this Notice to allow any person
time to submit additional written statements or to present views or
evidence tending to rebut testimony presented at the public hearing.
(5) Hearing statements may be oral or written. Written copies of oral
statements are urged for accuracy of the record and for use of the
Hearing Panel and other interested persons. Persons wishing to make
oral testimony supporting their written comments are encouraged to give
a summary of their points rather than reading lengthy written comments
verbatim into the record. All comments received by the EPA in
accordance with the instructions for `Providing Comments' by the ending
date of the comment period and/or presented at the public hearing, will
be considered by the EPA before final IPDES program approval.
    IPDES Program Application Summary: By letter dated, and received by
the EPA on August 31, 2016, the Governor of Idaho submitted the IPDES
program application for program approval. The application consisted of
five main components required under 40 CFR 123.21: (1) A letter from
the governor requesting approval of the state's application, (2) a
program description that describes how the state will issue IPDES
permits, ensure compliance with permit conditions, conduct enforcement,
as well as fund and manage the program including programmatic
information and data, (3) a statement from the Attorney General's
office certifying that the state's laws and regulations provide
sufficient authority to the state to implement the discharge,
pretreatment, and biosolids components of the NPDES program, (4) a
Memorandum of Agreement (MOA) between the state and EPA which
establishes, in part, timeframes for a phased approach for the state to
assume authority, (5) copies of all applicable statutes and regulations
including those that govern the state administrative procedures, which
the state adopted to ensure the necessary authority for implementing
the IPDES program, including Idaho House Bill 406 directing IDEQ to
pursue permitting authority. IDEQ submitted their Continuing Planning
Process (CPP) as required under 40 CFR 130.5 for program approval.
Appendices to the Program Description include other IPDES program
documents including guidance, forms and templates that IDEQ will use to
implement their program.
    The EPA deemed the application complete on September 30, 2016, in a
letter that also identified initial issues to be addressed before
program approval. In accordance with 40 CFR 123.21(d), IDEQ requested
to extend the statutory review period for the application until June
30, 2018. The EPA and IDEQ will use the period of time until program
approval to address issues, complete the public process, develop the
IPDES

program and build capacity for both permitting and enforcement
functions.
    IPDES Program Summary: As required under section 402(b) of the CWA,
33 U.S.C. 1342(b), and 40 CFR 123.22, the IPDES program description
specifies how IDEQ will administer the NPDES program. IDEQ will issue
IPDES permits under their jurisdiction; conduct compliance and
enforcement activities; gather and maintain NPDES records and report to
the EPA; and oversee the regulated activities of all IPDES-permitted
facilities. The EPA will retain the authority to issue NPDES permits
for facilities located on tribal lands and/or discharging to tribal
waters. The scope of IDEQ permitting authority includes individual and
general permits for discharges to waters of the United States from
facilities or activities, including industrial (e.g., commercial,
mining, oil and gas, and silviculture discharges; animal feeding
operations; and aquatic animal production facilities) and municipal
wastewater treatment facilities (e.g., publicly and privately owned
treatment works); discharges to waters of the United States from
federal facilities; storm water discharges, including municipal storm
sewer systems (combined and separate); construction and industrial
storm water general permits; and individual permits for storm water
discharges; sewage sludge (biosolids) under 40 CFR part 503 and the
pretreatment program under 40 CFR part 403. IDEQ's program will not
include permitting of discharges incidental to the normal operation of
a non-military, non-recreational vessel operating in a capacity as a
means of transportation; the EPA will continue to issue permits under
CWA section 402 to regulate such discharges from non-military, non-
recreational vessels greater than 79 feet in length and all ballast
water discharges.
    IDEQ will assume permitting and compliance authority for the NPDES
program in four phases. The EPA will retain full permitting and
compliance authority over facilities until that authority is
transferred to IDEQ in accordance with the following schedule:
    Phase I--Individual Municipal Permits and Pretreatment upon gaining
program authority (anticipated July 1, 2018).
    Phase II--Individual Industrial Permits, one year after program
authorization (anticipated July 1, 2019).
    Phase III--General Permits (Aquaculture, Pesticide, CAFO, Suction
Dredge, Remediation), two years after program authorization
(anticipated July 1, 2020).
    Phase IV--Federal Facilities, General and Individual Stormwater
Permits and Biosolids, three years after program authorization
(anticipated July 1, 2021).

    Authority: This action is taken under the authority of section
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by the State of Idaho for
approval to administer the State NPDES program, in accordance with
40 CFR 123.61.

    Dated: July 17, 2017.
Daniel D. Opalski,
Acting Deputy Regional Administrator, EPA, Region 10.
[FR Doc. 2017-16822 Filed 8-10-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57828-57830]
[FR Doc No: 2017-26476]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1064]
RIN 1625-AA00

Safety Zone; Ohio River, Ironton, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters on the Ohio River from mile marker (MM) 326.5 to
MM 327.5. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
demolition of the Ironton-Russell Bridge. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.

DATES: This rule is effective without actual notice from December 8,
2017 through December 22, 2017. This rule will be enforced from
December 8, 2017 through December 4, 2017, unless the demolition is
postponed because of adverse weather, in which case this rule will be
enforced from 10 a.m. to 3 p.m. on December 5, 2017, December 11-15,
2017, and December 18-22, 2017.
    For the purposes of enforcement, actual notice will be used from
December 4, 2017 until December 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1064 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Robert Miller, Marine Safety Unit
Huntington, U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because impracticable.
    We must establish this safety zone by December 4, 2017 and lack
sufficient time to provide responsible comment period and then consider
those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date to
provide a full 30 days' notice is contrary to public interest because
immediate action is needed to protect persons and vessels from safety
hazards associated with the Ironton-Russell Bridge demolition.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the bridge demolition taking
place on or over this section of the navigable waterway will be a
safety concern for anyone within the area designated as the safety
zone. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
bridge demolition.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 10 a.m. on
December 4, 2017 through 3 p.m. on December 22, 2017 for all navigable
waters of the Ohio River from mile marker (MM) 326.5 to MM 327.5, for
the Ironton-Russell Bridge demolition in Ironton, OH. This

rule will be enforced on from 10 a.m. to 3 p.m. on December 4, 2017,
unless the demolition is postponed because of adverse weather, in which
case this rule will be enforced from 10 a.m. to 3 p.m. on December 5,
2017, December 11-15, 2017, and December 18-22, 2017.
    All potential work delay dates are necessary due to inclement
weather, river conditions or mechanical issues that could occur
preventing the scheduled demolition on December 4, 2017. The waterway
users have been briefed on the procedures to be taken in the event of
inclement weather or mechanical issues, and are aware that the project
dates may be changed. This safety zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the bridge demolition. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will not be able to safely transit through this safety zone, which will
impact a small designated area of the Ohio River from MM 326.5 through
MM 327.5 for five hours on December 4, 2017, during a time of year when
vessel traffic is normally low. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting only five hours that will prohibit
entry on one day, with alternate work delay dates, that will prohibit
entry within MM 326.5 through MM 327.5 on the Ohio River due to
demolition project of the Ironton-Russell Bridge. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-1064 to read as follows:

Sec.  165.T08-1064  Safety zone; Ohio River, MM 326.5 through MM 327.5,
Ironton, OH.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River from mile marker (MM) 326.5 through MM 327.5.
    (b) Enforcement period. This rule will be enforced 10 a.m. through
3 p.m. on December 4, 2017, unless the demolition is postponed because
of adverse weather, in which case this rule will be enforced from 10
a.m. to 3 p.m. on December 5, 2017, December 11-15, 2017, and December
18-22, 2017.
    (c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Sector Ohio Valley in the enforcement of the
safety zone.
    (d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a
designated representative.
    (2) To seek permission to enter, contact the COTP or designated
representative via radio on channel 16.
    (3) All persons and vessels shall comply with the instruction of
the COTP and designated on-scene personnel.
    (e) Information broadcasts. The COTP or a designated representative
will inform the Public through Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information Broadcasts as
appropriate of the enforcement period for each safety zone as well as
any changes in the planned and published dates and times of
enforcement.

    Dated: December 4, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-26476 Filed 12-7-17; 8:45 am]
 BILLING CODE 9110-04-P