[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53895]
[DOCID:fr17se08-121]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1786-DR]

Louisiana; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-1786-DR), datedSeptember 2, 2008, and
related determinations.

DATES: Effective Date: September 4, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Louisiana is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration ofSeptember 2, 2008.

    St. Tammany and Tangipahoa Parishes for Individual Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters);97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21665 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19768-19769]
[FR Doc No: 2011-8424]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0364; FRL-9292-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Beryllium Rocket Motor
Fuel Firing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before May 9, 2011.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2010-0364, to: (1) EPA online using http://www.regulations.gov
(our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail
to: EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 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: Learia A. Williams, Office of
Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; Mail Code: 2223A; telephone number: (202)
564-4113; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
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 June 2, 2010 (75 FR 30813), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2010-0364, which is available for public viewing
online at http://www.regulations.gov or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 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<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov as EPA receives them and without
change, unless the comment contains copyrighted material, Confidential
Business Information (CBI), or other information whose public
disclosure is restricted by statute. For further information about the
electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for Beryllium Rocket Motor Fuel Firing (Renewal).
    ICR Numbers: EPA ICR Number 1125.06, OMB Control Number 2060-0394.
    ICR Status: This ICR is scheduled to expire on May 31, 2011. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9 and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 61, subpart A, and any changes
or additions to the Provisions are specified at 40 CFR part 61, subpart
D. Owners or operators of the affected facilities must submit a one-
time-only report of any physical or operational changes, initial
performance tests, and periodic reports and results. 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.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 8
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 which have subsequently changed; 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 beryllium
rocket motor fuel firing facilities.
    Estimated Number of Respondents: 1.
    Frequency of Response: Initially and annually.
    Estimated Total Annual Hour Burden: 8.
    Estimated Total Annual Cost: $784, which includes $784 in labor
costs; there are neither capital/startup costs nor operating and
maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the labor hours, or
capital/startup and operation and maintenance costs in this ICR
compared to the previous ICR. This is due to two considerations: (1)
The regulations have not changed over the past three years and are not
anticipated to change over the next three years; and (2) the growth
rate for the industry is very low, negative, or non-existent.
    It should be noted that the wage rates in this ICR have been
updated resulting in an overall increase in the labor cost.

    Dated: April 4, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-8424 Filed 4-7-11; 8:45 am]
BILLING CODE 6560-50-P


     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

                             OFFICE OF CHEMICAL SAFTEY
AND POLLUTION PREVENTION

RE:  	Conference call with Anne Germain of the National Waste and Recycling Association and EPA on Risk Management under TSCA Section 6, Aliphatic Cyclic Bromide Cluster (HBCD)

List of Documents
 Meeting Summary
 Attendees
Meeting Summary
On February 17, 2021, EPA held a conference call with Anne Germain, Chief Operating Officer and Senior Vice President of Technical and Regulatory Affairs of the National Waste and Recycling Association, to discuss the information EPA is seeking for the HBCD rulemaking and the need for input from small businesses. EPA presented an overview of the HBCD Risk Evaluation, an explanation of the planned rulemaking, and technical background.

Attendees
EPA:
Susan Slotnick
Sarah Cox

National Waste and Recycling Association:
Anne Germain


Permit No. MA0000787 Page 1 of 21 7/ 26/ 02 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Clean Water Act as amended,( 33 U. S. C. § § 1251 et seq.;) the " CWA", and the Massachusetts Clean Waters Act, as amended,( MGL Chap. 21, § § 26 53),

Massport and the Co Permittee Tenants of Logan International Airport, Airborne Express, Airtran Airlines, American Airlines, Continental Airlines, Delta Airlines, DHL, East Coast Airport Services, Federal Express, Hudson General, Northwest Airlines, Signature, Swissport, Trans World Airlines, United Airlines, United Express, United Parcel Service, United States Postal Service, USAir and USAir Express are authorized to discharge from all storm drain outfalls listed in Table 1 and from Outfalls 001, 002 003 and 004 to receiving waters named: Boston Harbor and Boston Inner Harbor in accordance with effluent limitations, monitoring requirements and other conditions set forth herein.

This permit shall become effective ( See ** below)

This permit and the authorization to discharge expire at midnight, five ( 5) years from the effective date.

This permit consists of XXX pages and Attachments A and B in Part I, including monitoring requirements, etc., and 35 pages in Part II including General Conditions and Definitions.

Signed this day of _______________________ _______________________ Director Director Office of Ecosystem Protection Division of Watershed Management Environmental Protection Agency Department of Environmental Protection Region I Commonwealth of Massachusetts Boston, MA Boston, MA ** This permit will become effective on the date of signature if no comments are received during public notice. If comments are received during public notice, this permit will become effective 60 days after signature. Permit No. MA0000787 Page 2 of 21 PART I. A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS  WET WEATHER 1. During the period beginning on the effective date and lasting through the expiration date, the permittees are authorized to discharge storm water associated with industrial activity from vehicle maintenance areas, equipment cleaning areas and deicing activities from outfalls 001A ( North Outfall) and 002A ( West Outfall). Such discharges shall be limited and monitored by Massport as specified below:

Effluent Characteristic Discharge Limitations Monitoring Requirements Average Monthly Maximum Daily Measurement Frequency Sample Type Flow, MGD   2/ Month Estimate 1 pH, Range, standard units 4 See Page 6 2/ Month Grab TSS, mg/ l Report Report 1/ Month 2 Grab Fecal Coliform 3, #/ 100 ml Report Report 1/ Month Grab Enterococcus 3, #/ 100 ml Report Report 1/ Month Grab Oil & Grease, mg/ l  15 2/ Month 4 Grab Semi volatile organics, ug/ l  Report 1/ Quarter 4 Grab Extractable and Volatile Petroleum Hydrocarbons, ( EPH/ VPH), ug/ l  Report 1/ Month 4 Grab Monitor December through March only: ( Footnotes are listed on Pages 5 and 6)

BOD5, mg/ l  Report 1/ Month 5 8 hour composite 6 Ethylene Glycol, Total, mg/ l  Report 1/ Month 5 8 hour composite 6 Propylene Glycol, Total, mg/ l  Report 1/ Month 5 8 hour composite 6 Permit No. MA0000787 Page 3 of 21 Total Ammonia Nitrogen, mg/ l of N  Report 1/ Month 5 8 hour composite 6 * Footnotes are listed on Pages 6 and 7 *

All samples shall be taken after treatment ( oil/ water separator), upstream of tide gates and prior to mixing with any other water.

Sampling should be conducted within 1 hour after the tide gates open and taken during wet weather conditions, as defined in Footnote 7.

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS  WET WEATHER 2. During the period beginning on the effective date and lasting through the expiration date, the permittees are authorized to discharge storm water associated with industrial activity from vehicle maintenance areas, equipment cleaning areas and deicing activities from Outfall 003A ( Porter Street Outfall) and 004A ( Maverick Street Outfall). Such discharges shall be limited and monitored by Massport as specified below:

Effluent Characteristic Discharge Limitations Monitoring Requirements Average Monthly Maximum Daily Measurement Frequency Sample Type Flow, MGD   2/ Month Estimate 1 pH, Range, standard units 4 See Page 6 2/ Month Grab TSS, mg/ l Report Report 1/ Month 2 Grab Fecal Coliform 3, #/ 100 ml Report Report 1/ Month Grab Enterococcus 3, #/ 100 ml Report Report 1/ Month Grab Oil & Grease, mg/ l  Report 2/ Month 4 Grab Semi volatile organics, ug/ l  Report 1/ Quarter 4 Grab Permit No. MA0000787 Page 4 of 21 Effluent Characteristic Discharge Limitations Monitoring Requirements Average Monthly Maximum Daily Measurement Frequency Sample Type Extractable and Volatile Petroleum Hydrocarbons, ( EPH/ VPH), ug/ l  Report 1/ Month 4 Grab All samples shall be taken upstream of the tide gates and prior to mixing with any other water. Sampling should be conducted within one ( 1) hour after the tide gates open and taken during wet weather conditions, as defined in Footnote 7. If there is found to be influence from the adjacent CSO outfall, the permittee may take effluent samples for these outfalls at an access point further upstream of the outfall, if feasible. * Footnotes are listed on Pages 6 and 7 *

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS  DRY WEATHER 3. During the period beginning on the effective date and lasting through the expiration date, the permittees are authorized to discharge certain non storm water discharges as listed separately on Pages 7 and 8. Outfalls 001B, 002B, 003B and 004B shall be limited and monitored by Massport as specified below and taken during dry weather8:

Effluent Characteristic Discharge Limitations Monitoring Requirements Average Monthly Maximum Daily Measurement Frequency Sample Type 1 Flow, MGD   2/ Month Estimate pH, Range, standard units See Page 5 2/ Month Grab TSS, mg/ l Report Report 1/ Month Grab Fecal Coliform3, #/ 100 ml Report  1/ Month Grab Fecal Coliform3, #/ 100 ml ( 001B only) 88 260 1/ Month Grab Permit No. MA0000787 Page 5 of 21 Effluent Characteristic Discharge Limitations Monitoring Requirements Average Monthly Maximum Daily Measurement Frequency Sample Type 1 Enterococcus, #/ 100 ml Report Report 1/ Month Grab Oil & Grease, mg/ l  15 2/ Month 4 Grab Semi volatile organics, ug/ l  Report 1/ Quarter 4 Grab Extractable and Volatile Petroleum Hydrocarbons, ( EPH/ VPH), ug/ l  Report 1/ Month Grab * Footnotes are listed on Pages 6 and 7 *

Monitor December through March only:

BOD5, mg/ l  Report 1/ Month 5 8 hour composite 6 Ethylene Glycol, Total, mg/ l  Report 1/ Month 5 8 hour composite 6 Propylene Glycol, Total, mg/ l  Report 1/ Month 5 8 hour composite 6 Total Ammonia Nitrogen, mg/ l of N  Report 1/ Month 5 8 hour composite 6 Whole Effluent Toxicity Testing,

LC50 9 , %  Report 2/ Year 10 8 hour composite 6 All samples shall be taken after treatment ( oil/ water separator), upstream of tide gates and prior to mixing with any other water.

Sampling should be conducted within 1 hour after the tide gates open. For Outfalls 003B and 004B, an alternative effluent sampling location would be allowed as explained on Page 3. * Footnotes are listed on Pages 6 and 7 *

Conditions applicable to all discharges: Permit No. MA0000787 Page 6 of 21 a. The discharges shall not cause a violation of the water quality standards of the receiving waters.

b. The pH of the effluent for dry weather discharges, Outfalls 001B, 002B, 003B and 004B, shall be in the range of 6.5 through 8.5 standard units and not more than 0.2 units outside of the normally occurring range. For wet weather discharges, Outfalls 001A, 002A, 003A and 004A, the pH shall be monitored with no limited range.

c. The discharge shall not cause objectionable discoloration of the receiving waters.

d. The effluent shall contain neither a visible oil sheen, foam, nor floating solids at any time.

e. All samples shall be tested using the analytical methods found in 40 CFR § 136, or alternative methods approved by EPA in accordance with the procedures in 40 CFR § 136. All samples shall be 24 hour composites unless specified as a grab sample in 40 CFR § 136.

Footnotes:

1. For flow, estimates shall be made bi monthly with pH and oil & grease monitoring.

2. It is acknowledged in the latest multi sector general permit for storm water, issued on October 30, 2000, that 100 mg/ l as a monthly average for TSS is a benchmark which should not be exceeded for a storm water discharge if a facility has a properly implemented storm water pollution prevention plan ( SWPPP). If Massport reports TSS results approaching or exceeding 100 mg/ l, Massport and the co permittee tenants should evaluate what is causing such levels, review the SWPPP and revise it as necessary to minimize solids runoff.

3. Fecal coliform and enterococcus monitoring will be conducted year round. This is a State certification requirement. For Outfall 001B only, fecal coliform discharges shall not exceed a monthly geometric mean of 88 colony forming units ( cfu) per 100 ml nor shall more than 10% of the samples exceed the value of 260 cfu/ 100 ml. There are active shellfish beds in the vicinity of this outfall and these limits are consistent with Class SB standards for receiving waters with active shellfishing.

4. The following test methods shall be used: Method 1664 for oil & grease, Method 625 or 1625 for semi volatile organic compounds and Method 624, 8260 or VPH by mass spectrophotometer for additional identification and quantification of chlorinated organic compounds. For VPH, the permittee shall follow the protocol found in " Method for the Determination of Volatile Petroleum Hydrocarbons", MADEP, January 1998, and for EPH, the protocol to follow is found in " Method for the Determination of Extractable Petroleum Permit No. MA0000787 Page 7 of 21 Hydrocarbons, FINAL Laboratory Standard Operating Procedure", MA DEP, January 1998 or any subsequently published protocols. The semi volatile organics, chlorinated organics and EPH/ VPH sampling shall be conducted at the same time as the oil & grease sampling.

5. BOD, glycol and ammonia monitoring shall take place in the months of December, January, February and March. This monitoring shall be conducted during and/ or immediately after the application of deicing and/ or anti icing compounds by Massport and/ or any of its tenants in the vicinity of the outfall being sampled. For glycols, the test method employed should be sufficiently sensitive to quantitate down to 10 mg/ l.

6. An 8 hour composite sample will consist of at least eight ( 8) grab samples that are taken at equal time intervals. A shorter duration composite would be allowed if a full 8 hour sample is not attainable due to lack of flow, tidal conditions or hazardous situations.

7. Wet weather samples shall be collected from a discharge resulting from a storm event that is greater than 0.10 inches in magnitude and that occurs at least 48 hours from the previously measurable ( greater than 0.1 inch rainfall) storm event. In order for the " first flush" to be collected from a storm event, the first grab sample of the wet weather composite should be taken within the first 30 minutes after the outfall discharges, if possible.

Footnotes ( continued)

8. Dry weather samples shall be taken at least 48 hours after the previously measurable ( greater than 0.1 inch rainfall) storm event.

9. The LC 50 is the concentration of effluent which causes mortality to 50% of the test organisms. For example, a 100% result means that a sample of 100% effluent ( no dilution) did not cause more than a 50% mortality rate.

10. Massport shall conduct acute toxicity tests two times per year for outfalls 001B and 002B only. Massport shall test the Mysid shrimp, Mysidopsis bahia and the Inland silverside, Menidia beryllina. Toxicity test samples shall be collected during the months of January and June. Test results are to be submitted by the 30th day of the month after sampling. All toxicity sampling shall be conducted during dry weather conditions. The January test sample should be taken within 2 hours of de icing application by Massport and/ or any tenant and may be taken under wet weather conditions. If conditions during the month of January do not allow for a toxicity testing sample, then the permittee shall conduct this testing in February or March and report the results in the following month. See Permit Attachment A, Toxicity Test Procedure and Protocol. Permit No. MA0000787 Page 8 of 21 B. Storm Water Discharges Associated with Industrial Activity From Vehicle Maintenance Areas, Equipment Cleaning Areas and Deicing Areas Located at Logan International Airport Discharges Covered Under this Section: The requirements of this permit shall apply to storm water discharges from Logan International Airport which are a result of:

 servicing, repairing or maintaining aircraft and ground vehicles,

 equipment cleaning and maintenance ( including vehicle and equipment rehabilitation, mechanical repairs, painting, fueling or lubrication) and  deicing/ anti icing operations.

For the purpose of this permit, the term " deicing" is defined as the process to remove frost, snow, or ice and " anti icing" is the process which prevents the accumulation of frost, snow, or ice.

1. Authorized Discharges: This permit authorizes all storm water discharges to waters of the United States from all outfalls owned or operated by Massport ( These outfalls are identified in Attachment B). This permit also authorizes the discharge of storm water commingled with flows contributed by storm water associated with industrial activity, firefighting activities, runway rubber removal practices and flows from deicing and anti icing measures as described in the permit. Massport and the tenants listed on Page 1 have been identified as those entities which have such discharges. Permit No. MA0000787 Page 9 of 21 2. Special Conditions a. Massport and co permittee tenant responsibilities: Massport, as the airport authority and owner of the entire separate storm drainage system of the property, shall act as the airport representative and shall coordinate co permittee efforts to achieve compliance with all permit conditions. Massport and each co permittee tenant is individually responsible for:

( 1) Compliance with permit conditions relating to discharges from the separate storm sewer system where it is the operator.

( 2) Storm water pollution prevention plan ( SWPPP) implementation on portions of the separate storm sewer system where it is the operator.

( 3) Compliance with annual reporting requirements as specified in Section H of the permit.

( 4) Co permittees are jointly responsible for permit compliance on portions of the storm sewer system where one or more co permittees jointly discharge to or operate within.

b. Change in airport tenant status:

Massport shall notify the EPA and the MA DEP when it becomes aware of a change in tenant status which could require a tenant to become a co permittee, or to otherwise obtain an individual permit, or to be deleted from the co permittee list. In addition, the following situations require a revision to the airport co permittee list and accompanying permit modification. In most cases, the deletion of a tenant from the co permittee list or a name change will be done with a minor permit modification and the addition of a tenant to the list shall be done with a major modification, requiring a public notice and comment period:

( 1) A new tenant which begins operations at the airport and meets the definition of discharging storm water from an industrial activity, shall be added to co permittee list unless the tenant elects to seek coverage under an individual permit.

( 2) An existing tenant which was not previously identified as a co permittee, which in fact does discharge storm water from an industrial activity, shall be added to co permittee list unless the tenant elects to seek coverage under an individual permit.

( 3) A co permittee that changes its name from what is currently on the co permittee list, shall have its name corrected on the co permittee list.

( 4) A co permittee that discontinues its industrial activity previously resulting in storm water discharges or which completely terminates its tenancy on the airport, shall be removed from the co permittee list. Permit No. MA0000787 Page 10 of 21 c. Authorized Non Storm Water Discharges: Non storm water discharges including those from firefighting activities, rubber removal practices and dry weather discharges of deicing/ anti icing chemicals are authorized by this permit. Dry weather discharges are those discharges generated by processes other than those included in the definition of storm water. The definition of storm water includes storm water runoff, snow melt runoff, and surface runoff and drainage. All other discharges constitute non storm water discharges.

( 1) Unless identified by the permittees, the EPA, or the MA DEP as significant sources of pollutants to waters of the United States, the following non storm water discharges are authorized to enter the storm drainage system. As necessary, the permittees shall incorporate appropriate control measures in the Storm Water Pollution Prevention Plans ( SWPPPs) to assure that these discharges are not significant sources of pollutants to waters of the United States.

( a) water line flushing; ( b) landscape irrigation; ( c) diverted stream flows; ( d) rising ground waters; ( e) uncontaminated ground water infiltration ( as defined at 40 CFR 35.2005( 20)); ( f) uncontaminated pumped ground water; ( g) discharges from potable water sources; ( h) foundation drains; ( i) uncontaminated air conditioning or compressor condensate; ( j) uncontaminated springs; ( k) water from crawl space pumps; ( l) footing drains; ( m) lawn watering; ( n) non commercial car washing; ( o) flows from riparian habitats and wetlands; ( p) street wash waters; and ( q) discharges or flows from emergency fire fighting activities. ( r) fire hydrant flushing ( s) building washdown water which does not contain detergents 3. Releases of Reportable Quantities of Hazardous Substances and Oil: Massport and all airport tenants are required to report spills equal to or exceeding the reportable quantity levels specified at 40 CFR 110,117, and 302. Since Massport is a co permittee with other deicing/ anti icing operators at the airport, such as numerous airlines, the assessed amount must be the summation of spills by all co permittees.

4. Releases or Threats of Releases of Oil and Hazardous Material: Massport and all airport tenants are required to notify the Massachusetts DEP of all releases or threats of releases of oil and hazardous materials, in accordance with M. G. L. c 21E and the regulations Permit No. MA0000787 Page 11 of 21 promulgated thereunder at 310 CMR 40.0300 ( The Massachusetts Contingency Plan).

C. Storm Water Pollution Prevention Plan ( SWPPP) Requirements.

Massport shall develop a SWPPP for the entire airport encompassing all the operations occurring on the airport property. Each other co permittee shall develop a draft SWPPP containing all pertinent elements related to its activities.

Each co permittee tenant shall submit its draft SWPPP to Massport regarding the tenant's activities and operations within 180 days after the effective date of this permit.

Massport shall submit a draft SWPPP for the entire airport to EPA and MADEP for approval within one year after the effective date of this permit. The permittees will have the opportunity to respond to any written comments by EPA and the MA DEP and Massport shall make any required changes to the draft SWPPP for the entire airport prior to its approval. Unless otherwise notified by EPA or MA DEP, the permittees shall initiate implementation of the plan within sixty ( 60) days of Massport's submittal of the draft SWPPP.

(( Compliance by Massport and co permittee tenants with the SWPPP shall occur no later than 30 days after EPA and DEP's approval of the SWPPP)). Each permittee shall comply with those portions of the facility wide SWPPP applicable to its activities and operations. Massport's SWPPP shall be displayed at a convenient and accessible public location.

In this facility wide SWPPP, Massport will specifically address how it will coordinate its efforts with various tenants to accomplish the goals of the SWPPP. Massport's ongoing tenant forums and other training efforts would be the types of efforts which could satisfy this requirement.

1. Contents of Plan: The draft plans developed by each co permittee and the plan for the entire airport plan shall include, at a minimum, the following items:

Pollution Prevention Team. Each plan shall identify a specific individual or individuals as member( s) of a SWPPP Team who are responsible for developing the plan and assisting the management of Massport in its implementation, maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall address all applicable aspects of the facility's SWPPP.

Description of Potential Pollutant Sources. Each plan shall provide a description of potential sources and activities which may reasonably be expected to add significant amounts of pollutants to storm water discharges or which may result in the discharge of pollutants during dry weather from separate storm sewers that drain the airport. Each plan shall include, at a minimum: Permit No. MA0000787 Page 12 of 21 a. Drainage:

( 1) A site map indicating each existing structural control measure to reduce pollutants in storm water runoff and to surface water bodies, locations where significant materials are exposed to precipitation, and the locations of the following activities that are exposed to precipitation: aircraft and runway deicing/ anti icing operations; fueling stations; aircraft, ground vehicle and equipment maintenance and/ or cleaning areas; storage areas for aircraft, ground vehicles and equipment awaiting maintenance; loading/ unloading areas; locations used for the treatment, storage or disposal of wastes, liquid storage tanks, processing areas and storage areas. The map must indicate the outfall locations and the types of discharges contained in the drainage areas of the outfalls. The site map developed by Massport for the entire airport shall also indicate an outline of the drainage area of each storm water outfall within Massport's property lines, the location of each tenant of the facility that is a discharger associated with industrial activity under 40 CFR § 122.26( b)( 14), and incorporate information from the tenant's site map or individual SWPPP ( including a description of industrial activities, significant materials exposed, and existing management practices).

( 2) For each area of the facility that generates storm water discharges associated with industrial activity with a reasonable potential for containing significant amounts of pollutants, a prediction of the direction of flow, and an identification of the types of pollutants which are likely to be present in such storm water discharges. Factors to consider include the toxicity of chemicals; quantity of chemicals used, produced or discharged; the likelihood of contact with storm water; and history of significant leaks or spills of toxic or hazardous pollutants. Flows with a significant potential for causing erosion shall be identified.

b. Inventory of Exposed Materials: An inventory of the types of materials handled at the site that potentially may be exposed to precipitation. Such inventory shall include a narrative description of significant materials that have been handled, treated, stored or disposed in a manner to allow exposure to storm water between the time of 3 years prior to the date of permit issuance and the present; method and location of onsite storage or disposal; materials management practices employed to minimize contact of materials with storm water runoff between the time of 3 years prior to the date of permit issuance and the present; the location and a description of existing structural and nonstructural control measures to reduce pollutants in storm water runoff; and a description of any treatment of storm water runoff.

c. Spills and Leaks: A list of significant spills and leaks of toxic or hazardous pollutants that has occurred at areas that are exposed to precipitation or that otherwise drain to a storm water conveyance at the facility between the time of 3 years prior to the date of permit issuance and the present. This listing shall include a description of the causes of each spill or leak, the actions taken to respond to each release, and the actions taken to prevent similar spills or leaks in the future. Such list shall be updated as part of the annual Permit No. MA0000787 Page 13 of 21 report requirement.

d. Risk Identification and Summary of Potential Pollutant Sources: A description of pollutants at the facility and for each potential source, any pollutant or pollutant parameter [ e. g., biochemical oxygen demand ( BOD 5), oil and grease, etc.] of concern shall be identified. Co permittees which conduct deicing/ anti icing operations shall maintain a record of the types [ including the Material Safety Data Sheets ( MSDS)] and monthly quantities of deicing/ anti icing chemicals used. Each co permittee shall include in the draft SWPPP submitted to Massport and in each annual report submitted to Massport, information regarding the monthly quantities of deicing/ anti icing chemicals used during the previous 12 months.

2. Measures and Controls: Massport and the co permittee tenants shall develop a description of storm water management controls appropriate for their areas of operation, and implement such controls where they have not yet done so. The priority in selecting controls shall reflect identified potential sources of pollutants at the facility. The plan must discuss the reasons each selected control or practice is appropriate for the site and how each will address one or more of the potential sources identified in the plan. The plan must also include a schedule specifying the time or times during which each control or practice will be implemented. In addition, the plan should discuss ways in which the controls and practices relate to one another and, when taken as a whole, produce an integrated and consistent approach for preventing and controlling potential storm water contamination problems. The description of storm water management controls shall address the following minimum components, including a schedule for implementing such controls:

a. Good Housekeeping: Good housekeeping requires the maintenance of areas which may contribute pollutants to storm water discharges in a clean, orderly manner. It includes establishing protocols to reduce the possibility of mishandling chemicals or equipment and training employees in good housekeeping techniques. These protocols must be described in the plan and communicated to all appropriate site personnel.

( 1) Aircraft, Ground Vehicle and Equipment Maintenance Areas: Massport and the co permittee tenants should assure the maintenance of equipment is conducted in designated areas only and clearly identify these areas and delineate them on the site map. Each plan must describe measures that prevent or minimize the contamination of the storm water runoff from all areas used for aircraft, ground vehicle and equipment maintenance ( including the maintenance conducted on the terminal apron and in dedicated hangars). Management practices or equivalent measures such as performing maintenance activities indoors, maintaining an organized inventory of materials used in the maintenance areas, draining all fluids prior to disposal, preventing the practice of hosing down the apron or hangar floor, using dry cleanup methods, and/ or collecting the storm water runoff from the maintenance area and providing treatment or recycling should be considered. Permit No. MA0000787 Page 14 of 21 ( 2) Aircraft, Ground Vehicle and Equipment Cleaning Areas: Massport and the co permittee tenants should assure that cleaning of equipment is conducted in designated areas only and these areas should be clearly identified and delineated on the site map. The plan must describe measures that prevent or minimize the contamination of the storm water runoff from all areas used for aircraft, ground vehicle and equipment cleaning. Management practices such as performing cleaning operations indoors, and/ or collecting the storm water runoff from the cleaning area and providing treatment or recycling should be considered.

( 3) Aircraft, Ground Vehicle and Equipment Storage Areas: The storage of aircraft, ground vehicles and equipment awaiting maintenance must be confined to designated areas and delineated on the site map. The plan must describe measures that prevent or minimize the contamination of storm water runoff from these areas. Management practices such as indoor storage of aircraft and ground vehicles, using drip pans for the collection of fluid leaks, and perimeter drains, dikes or berms surrounding storage areas should be considered.

( 4) Material Storage Areas: Storage units of all materials ( e. g., used oils, hydraulic fluids, spent solvents, and waste aircraft fuel) must be maintained in good condition, so as to prevent or minimize contamination of storm water, and plainly labeled ( e. g., " used oil," " Contaminated Jet A," etc.). The plan must describe measures that prevent or minimize contamination of storm water runoff from storage areas. Management practices or equivalent measures such as indoor storage of materials, centralized storage areas for waste materials, and/ or installation of berming and diking around storage areas should be considered for implementation.

( 5) Airport Fuel System and Fueling Areas: The plan must describe measures that prevent or minimize the discharge of fuels to the storm sewer resulting from fuel servicing activities or other operations conducted in support of the airport fuel system. Management practices or equivalent measures such as implementing spill and overflow practices ( e. g., placing sorptive materials beneath aircraft during fueling operations), using dry cleanup methods, and/ or collecting the storm water runoff should be considered. Where above ground storage timers are present, pollution prevention plan requirements shall be consistent with requirements established in 40 CFR § 112.7 guidelines for the preparation and implementation of a spill prevention control and countermeasure ( SPCC) plant. Where a SPCC plan already exists, it may be incorporated into the SWPPP by reference.

b. Minimizing Exposure: Where practicable, protecting potential pollutant sources from exposure to storm water is an important control option. Pollutants that are never allowed to contaminate storm water do not require development of " treatment" type BMPs.

c. Preventive Maintenance: A preventive maintenance program shall involve timely and regular inspection and maintenance of storm water management devices ( e. g., cleaning Permit No. MA0000787 Page 15 of 21 oil/ water separators, removing debris from catch basins) as well as inspecting and testing facility equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters, and ensuring appropriate maintenance of such equipment and systems. All BMPs identified in the SWPPP must be maintained in effective operating condition.

d. Spill Prevention and Response Procedures: Areas where potential spills which can contribute pollutants to storm water discharges can occur, and their accompanying drainage points shall be identified clearly in the SWPPP. The plan shall describe material handling procedures and storage requirements, and consider the use of equipment such as diversion valves to direct flows away from the storm sewer system. Procedures for cleaning up spills shall be identified in the plan and made available to all appropriate personnel. The necessary equipment to implement a clean up should be available to personnel. The discharge of materials resulting from spills is prohibited.

e. Source Reduction: Permittees who conduct aircraft and/ or runway ( including taxiways and ramps) deicing/ anti icing operations shall evaluate present operating procedures to consider alternative practices to reduce the overall amount of deicing/ anti icing chemicals used and/ or lessen the environmental impact of their discharge.

( 1) With regard to runway deicing operations, Massport, at a minimum, shall evaluate: present application rates to ensure against excessive over application; metered application of deicing chemical; pre wetting dry chemical constituents prior to application; installation of runway ice detection systems; implementing anti icing operations as a preventive measure against ice buildup; the use of substitute deicing compounds such as potassium acetate in lieu of ethylene glycol, propylene glycol and/ or urea.

( 2) In considering source reduction management practices for aircraft deicing operations, permittees, at a minimum, should evaluate current application rates and practices to ensure against excessive over application, and consider pretreating aircraft with hot water prior to the application of a deicing chemical, thus reducing the overall amount of chemical used per operation. Source reduction measures that the operator determines to be reasonable and appropriate shall be implemented and maintained. The plan shall provide a narrative explanation of the options considered and the rationale for whether or not they were implemented.

f. Management of Runoff: The plan shall contain a narrative consideration of the appropriateness of traditional storm water management practices ( practices other than those which prevent or reduce source( s) of pollutants) used to divert, infiltrate, reuse, or otherwise manage storm water runoff in a manner that reduces pollutants in storm water discharges from the site. The potential of various sources at the facility to contribute pollutants to storm water discharges associated with industrial activity shall be considered. Appropriate measures or equivalent measures may include: vegetative swales, reuse of collected storm water ( such as for a process or as an irrigation source), inlet controls ( such Permit No. MA0000787 Page 16 of 21 as oil/ water separators), snow management activities, infiltration devices, and wet detention/ retention devices. Measures that the permittees determines to be reasonable and appropriate shall be implemented and maintained.

( 1) Permittees that conduct aircraft and/ or runway deicing/ anti icing operations shall also provide a narrative consideration of management practices to control or manage contaminated runoff from areas where deicing/ anti icing operations occur to reduce the amount of pollutants being discharged to the storm sewer system. Structural controls such as establishing a centralized aircraft deicing facility, and/ or collection of contaminated runoff for treatment or recycling should be considered. Collection and treatment alternatives include, but are not limited to, retention basins, detention basins with metered controlled release, Underground Storage Tanks ( USTs) and/ or disposal to Publicly Owned Treatment Works ( POTW) by way of sanitary sewer or hauling tankers. Runoff management controls that the operator determines to be reasonable and appropriate shall be implemented and maintained. The plan should consider the recovery of deicing/ anti icing materials when these materials are applied during non precipitation events to prevent these materials from later becoming a source of storm water contamination. The plan shall provide a narrative explanation of the controls selected and the rationale for their selection.

g. Routine Inspections: Massport and the co permittee tenants shall conduct periodic inspections of designated equipment and areas of the site. Qualified facility personnel shall be identified to inspect designated equipment and areas of the facility specified in the plan. The inspection frequency shall be specified in the plan, but at a minimum be conducted once per week during deicing/ anti icing application periods for areas where deicing/ anti icing operations are being conducted. A set of tracking or follow up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Permittees must correct any deficiencies in implementation of the SWPPP found during inspections as soon as practicable, but not later than within 30 days of the inspection. Permittees shall maintain records of inspections and the corrective actions taken in response to any deficiencies or opportunities for improvement identified. The use of a checklist developed by the pollution prevention team is encouraged.

h. Pollution Prevention Training: Massport and the co permittee tenants shall develop pollution prevention training programs to inform management and personnel responsible for implementing activities identified in the SWPPP of the components and goals of the plan. Training should address topics such as spill response, good housekeeping, aircraft and ruway deicing/ anti icing procedures, and material management practices. Permittees must provide training for all employees that work in areas where industrial materials or activities are exposed to storm water, and for employees that are responsible for implementing activities identified in the SWPPP ( e. g., inspectors, maintenance workers). The SWPPP shall describe the training program( s) and shall identify periodic dates for such training, which shall be no less than once per year.

( 1) Recordkeeping and Internal Reporting Procedures: A description of incidents ( such Permit No. MA0000787 Page 17 of 21 as spills, or other discharges), along with other information describing the quality and quantity of storm water discharges shall be included in the plan. Inspections and maintenance activities shall be documented and records shall be maintained on site.

( 2) Sediment and Erosion Control: The plan shall identify areas which, due to topography, activities, or other factors, have a high potential for significant soil erosion, and identify structural, vegetative, and/ or stabilization measures to be used to limit erosion.

i. Pesticide, Herbicide, and Fertilizer Application: All permittees shall implement measures to reduce the discharge of pollutants to the storm sewer system related to the application and storage of pesticides, herbicides, and fertilizers.

3. Roles and Responsibilities of Permittees: The SWPPP for the entire airport shall clearly identify the roles and responsibilities of Massport, the co permittee tenants and any party impacting their efforts to comply with this permit.

4. Legal Authority: Massport shall ensure that it has and maintains legal authority to control discharges to and from those portions of the airport which are operated by tenants. This legal authority may be a combination of statute, ordinance, permit, contract, or an order to:

a. Control the discharge of pollutants to the storm sewer system from discharges of storm water associated with industrial activity and the quality of storm water discharged from sites of industrial activity;

b. Prohibit illicit discharges to the storm sewer system;

c. Control the discharge of spills and the dumping or disposal of materials other than storm water and authorized non storm water discharges ( such as industrial and commercial wastes, trash and used motor vehicle fluids) into the system;

d. Require compliance with conditions in ordinances, permits, leases, contracts or orders.

D. Special Bacteria Conditions 1. For Outfalls 001B, 002B, 003B and 004B, there have been action levels imposed on discharges of enterococcus bacteria. These levels have been established at a monthly geometric mean of 35 colony forming units ( cfu) per 100 ml and a daily maximum ( any one sample) of 104 cfu/ 100 ml. These levels represent the current guidance from EPA's " Implementation Guidance for Ambient Water Quality Criteria for Bacteria  1986", EPA 823 D 00 001, January 2000. Although the 35 cfu per 100 ml level is expressed as a geometric mean, for the purposes of this permit, if only one sample is taken per month and it exceeds 35 cfu per 100 ml, it will be considered to trip the action level. The permittee Permit No. MA0000787 Page 18 of 21 may conduct additional monthly sampling with which to calculate a geometric mean. If either of these action levels are exceeded for any one or more outfalls for two ( 2) consecutive months, Massport and appropriate co permittee tenants shall, within 30 days, prepare and implement a drainage area sampling program for the outfall( s) with the exceedances. At a minimum, the program shall include sampling of the major branches of the system to attempt to locate the source( s) of the exceedance( s). A report of the findings of this sampling program and all actions taken by Massport and any co permittee tenants to eliminate the pollutant source( s) shall be prepared and submitted to EPA and DEP when completed. If EPA or DEP determine that additional work or documentation is necessary, Massport and the co permittee tenants shall perform the additional work or adequately show EPA and DEP that the problem has been resolved within the time frame or schedule required.

E. DRY WEATHER DISCHARGES 1. Dry Weather Screening Program: Massport shall screen the storm sewer system once during the permit term. Massport shall select a combination of outfalls, catch basins and manholes which represent all of the major drainage areas of the property, similar to the study it undertook for its 1992 NPDES permit application.

2. Screening Procedures: Screening methodology may be developed and/ or modified based on experience gained during actual field screening activities and need not conform to the protocol at 40 CFR § 122.26( d)( 1)( iv)( D).

3. Follow up on Dry Weather Screening Results: Massport shall implement a program to locate and eliminate suspected sources of illicit connections and improper disposal identified during dry weather screening activities. Follow up activities shall be prioritized on the basis of the magnitude and nature of any suspected or actual discharges.

F. HYDRAULIC STUDY Massport shall conduct a hydraulic study for one major drainage area per year, during years 2 through 5 of this permit. These studies should be similar to the North Outfall hydraulic study conducted in 1995. At a minimum, this study shall include a characterization of the drainage area contributing to each outfall, an evaluation of the performance of any pollution control equipment during wet and dry weather, and the need for new or upgraded equipment and improved representative effluent monitoring. A flow monitoring feasibility study should be included in the scope of work for this study.

G. COMPREHENSIVE SITE COMPLIANCE EVALUATION Permit No. MA0000787 Page 19 of 21 1. Massport and each co permittee shall conduct a comprehensive site compliance evaluation at least once a year. Massport and the co permittee tenants shall coordinate timing of the evaluations such that all evaluations are conducted within a five day period. The evaluations should be conducted during periods of actual deicing operations, if possible. If not practicable during active deicing or if the weather is too inclement, the evaluations shall be conducted when deicing operations are likely to occur and the materials and equipment for deicing are in place. The comprehensive evaluation must encompass all areas where industrial materials or activities are exposed to storm water, and areas where spills and leaks have occurred within the past 3 years. The evaluation shall document: ( a) industrial materials, residue or trash on the ground that could contaminate or be washed away in storm water; ( b) leaks or spills from industrial equipment, drums, barrels tanks or similar containers; ( c) off site tracking of industrial materials or sediment where vehicles enter or exit the site; ( d) tracking or blowing of raw or waste materials from areas of no exposure to exposed areas and ( e) for evidence of, or the potential for, pollutants entering the storm sewer system. Results of both visual and any analytical monitoring done during the year must be taken into consideration during the evaluation. Storm water BMPs identified in the SWPPP must be observed to ensure that they are operating correctly. Massport's evaluation shall include inspection of the outfalls to determine whether BMPs are effective in preventing significant impacts to receiving waters.

2. Based on the results of its inspections, each co permittee tenant shall submit to Massport modifications to be included in the facility wide SWPPP no later than 30 days following such inspection. Within 30 days of receipt of the modifications, Massport shall modify the SWPPP based on the tenants submittals and Massport's own compliance evaluation. If additional BMPs are necessary, implementation must be completed before the next anticipated storm event, if practicable, but not more than three ( 3) months after completion of Massport's comprehensive site evaluation.

H. ANNUAL REPORT Each co permittee tenant shall prepare a draft annual report regarding operations and activities within its area of operation and shall submit such report to Massport no later than September 30, 2004 and annually thereafter. Massport shall prepare an annual report for the entire airport to be submitted no later than April 30, 2005 and annually thereafter. The tenants' draft reports and Massport's facility wide report shall include the following sections:

1. The status of implementing the SWPPP and all relevant coordination among Massport and appropriate tenants;

2. Proposed changes to the SWPPP;

3. The date of all comprehensive site compliance evaluations conducted by permittees, the Permit No. MA0000787 Page 20 of 21 name( s) of the persons conducting the inspections, and major observations relating to the implementation of the SWPPP during the inspection. Major observations shall include: the locations( s) of discharges of pollutants from the site; locations( s) of BMPs that need to be maintained; location( s) of BMPs that failed to operate as designed or proved inadequate for a particular location; and location( s) where additional BMPs are needed that did not exist at the time of inspection.

4. A summary of corrective actions taken during the course of the prior year in response to any deficiencies.

5. A revised listing of all airport tenants and among those, which ones are conducting deicing/ anti icing operations and fueling or related services. Massport and these tenants shall maintain a record of the types [ including the Material Safety Data Sheets ( MSDS)] and annual quantities of deicing/ anti icing chemicals used. The co permittee tenants who conduct deicing/ anti icing operations shall provide the above information to Massport for inclusion in the SWPPP for the entire facility.

Massport's annual report shall also include the following information:

6. A revised list of all current separate storm sewer outfalls and their locations, reflecting changes of the previous year and justification for any new outfalls.

7. Changes made to the SWPPP.

I. REPORT SUBMISSION 1. All original, signed notifications and reports required herein, shall be submitted to the EPA at the following address:

U. S. Environmental Protection Agency Water Technical Unit ( SEW) P. O. Box 8127 Boston, MA 02114 Attn: George Papadopoulos and to the State at:

Massachusetts Department of Environmental Protection Northeast Regional Office 205 A Lowell Street Wilmington, MA 01887 Permit No. MA0000787 Page 21 of 21 Signed and dated Discharge Monitoring Report Forms and toxicity test reports required by this permit shall also be submitted to the State at:

Massachusetts Department of Environmental Protection Division of Watershed Management Surface Water Discharge Permit Program 627 Main Street, 2nd Floor Worcester, Massachusetts 01608 J. STATE PERMIT CONDITIONS 1. This Discharge Permit is issued jointly by the U. S. Environmental Protection Agency ( EPA) and the Massachusetts Department of Environmental Protection under Federal and State law, respectively. As such, all the terms and conditions of this permit are hereby incorporated into and constitute a discharge permit issued by the Commissioner of the Massachusetts DEP pursuant to M. G. L. Chap. 21, § 43.

2. Each Agency shall have the independent right to enforce the terms and conditions of this Permit. Any modification, suspension or revocation of this Permit shall be effective only with respect to the Agency taking such action, and shall not affect the validity or status of this Permit as issued by the other Agency, unless and until each Agency has concurred in writing with such modification, suspension or revocation. In the event any portion of this Permit is declared, invalid, illegal or otherwise issued in violation of State law such permit shall remain in full force and effect under Federal law as an NPDES Permit issued by the U. S. Environmental Protection Agency. In the event this Permit is declared invalid, illegal or otherwise issued in violation of Federal law, this Permit shall remain in full force and effect under State law as a Permit issued by the Commonwealth of Massachusetts.


[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Rules and Regulations]
[Pages 4497-4499]
[FR Doc No: 2015-01620]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0905]
RIN 1625-AA08

Special Local Regulation; Bradenton Area Riverwalk Regatta;
Manatee River, Bradenton, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Manatee River in Bradenton, Florida, during the
Bradenton Area Riverwalk Regatta. The event is scheduled to take place
annually from 11 a.m. to 7:30 p.m. on the first Saturday of February.
The special local regulation is necessary to protect the safety of race
participants, participant vessels, spectators, and the general public
on the navigable waters of the United States during the event. The
special local regulation will restrict vessel traffic in the waters of
the Manatee River in the vicinity of Bradenton, Florida. It will
establish the following two areas: Enforcement areas #1 and #2, where
all persons and vessels, except those persons and vessels participating
in the high speed boat races and those vessels enforcing the areas, are
prohibited from entering, transiting through, anchoring in, or
remaining within.

DATES: This rule is effective February 1, 2015. This rule will be
enforced annually on the first Saturday of February from 11 a.m. to
7:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0905. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Hector I. Fuentes,
Sector Saint Petersburg Waterways Management Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is establishing this Special Local Regulation on
the waters of the Gulf of Mexico in the vicinity of Manatee River,
Florida during the Bradenton Riverwalk Regatta. On November 26, 2014,
the Coast Guard published a notice proposing this final rule. No
comments were received.
    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. The Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register because immediate action is needed
to minimize potential danger to the public during this event and the
rule will have minimal impact on the public and waterway users. The
comment period on this rule ended on December 26, 2014 and the Coast
Guard did not have sufficient time to publish notice of this rule. This
event has been well publicized by the City of Bradenton and local media
outlets. Any delay in the effective date of this rule would be contrary
to the public interest because this rule is needed to minimize
potential danger to the public during the Bradenton Riverwalk Regatta
and fireworks display.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
    The purpose of the rule is to provide for the safety of life on
navigable waters of the United States during the Bradenton Riverwalk
Regatta.

C. Comments and Changes to the Final Rule

    The Coast Guard received no comments related to this event during
the comment period. This rule makes one change to the proposed
regulation. In the NPRM, the special local regulation exclusion areas
would be enforced from 11:00 a.m. to 4:30 p.m. However, the Bradenton
Riverwalk Regatta includes a fireworks display. To ensure the safety of
race participants, participant vessels, spectators, and the general
public on the navigable waters of the United States during the
fireworks display, the Coast Guard is extending the enforcement period
for the special local regulation until 7:30 p.m. Because the fireworks
display will take place in the race area, the geographic area of the
proposed enforcement zones remains unchanged in this rule. Additional
notice and opportunity to comment on this change is unnecessary because
extending the enforcement period a few hours is a logical outgrowth of
the the NPRM. The fireworks display has always been part of the
schedule of events, publicized by the City of Bradenton and local
media. Furthermore, the additional impact of the extended enforcement
period is minimal. The enforcement areas will be restricted for three
extra hours once per year.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory

Planning and Review, as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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,
above. 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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination 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 is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.722 to read as follows:

Sec.  100.722  Special Local Regulations; Bradenton Area Riverwalk
Regatta, Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Enforcement Area #1. All waters of the Manatee River between
the Green Bridge and the CSX Train Trestle contained within the
following points: 27[deg]30.73' N, 82[deg]34.37' W, thence to position
27[deg]30.73' N, 82[deg]34.13' W, thence to position 27[deg]29.97' N,
82[deg]34.27' W, thence to position 27[deg]29.59' N, 82[deg]34.07' W,
thence back to the original position, 27[deg]30.73' N, 82[deg]34.37' W.
    (2) Enforcement Area #2. All waters of the Manatee River contained
within the following points: 27[deg]30.58' N, 82[deg]34.62' W, thence
to position 27[deg]30.58' N, 82[deg]34.43' W, thence to position
27[deg]30.43' N, 82[deg]34.43' W, thence to

position 27[deg]30.43' N, 82[deg]34.62' W, thence back to the original
position, 27[deg]30.58' N, 82[deg]34.62' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless an authorized race participant.
    (2) Designated representatives may control vessel traffic
throughout the regulated areas as determined by the prevailing
conditions.
    (3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16. If
authorization is granted by the Captain of the Port St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (d) Enforcement Date. This section will be enforced annually from
11 a.m. to 7:30 p.m. on the first Saturday of February.

    Dated: January 8, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-01620 Filed 1-27-15; 8:45 am]
BILLING CODE 9110-04-P