[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 53002-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27021]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5908-1]
State Program Requirements; Revision of the Approved National
Pollutant Discharge Elimination System (NPDES) Program in Oklahoma
AGENCY: Environmental Protection Agency.
ACTION: Notice of revision of the Oklahoma Pollutant Discharge
Elimination System under the Clean Water Act.
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SUMMARY: The Environmental Protection Agency (EPA), Region 6, provides
notice that the approved program for the State of Oklahoma under the
National Pollutant Discharge Elimination System (NPDES) program has
been revised. The requirements for revising authorized state programs
are found in Volume 40 Code of Federal Regulations (CFR) section
123.62. The revised program provides Oklahoma Department of
Environmental Quality (ODEQ) the authority to issue general permits
under the OPDES permitting program; and changes the enforcement program
to include authority for the Oklahoma Ordinance Works Authority (OOWA).
DATES: This revision was approved by the EPA Region 6 Administrator on
September 11, 1997.
ADDRESSES: The revised Oklahoma program documents are available to the
public during normal business hours, Monday through Friday, excluding
holidays, at:
EPA Region 6, 12th Floor Library, 1445 Ross Avenue, Dallas, Texas
75202, (214) 665-7513
ODEQ Headquarters, Department of Environmental Quality, Water Quality
Division, 1000 N.E. 10th Street, Oklahoma City, Oklahoma 73117-1212.
FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner at the EPA address
listed above or by calling (214) 665-7516; or Norma Aldridge at the
ODEQ address listed above or by calling (405) 271-5205.
Part or all of the State's revised program (which comprises
approximately 2260 pages) may be copied at the ODEQ office in Oklahoma
City, or EPA office in Dallas, at a minimal cost per page. A paper copy
of the entire submission may be obtained from the ODEQ office in
Oklahoma City for a $339 fee (the cost of the changed pages only is
$121.55). An electronic copy of the documents stored on computer disk
will be provided at no cost to interested parties who supply three
disks to ODEQ for that purpose, with a self-addressed, stamped mailing
container. The disks must be new, 3.5'' high density/double-sided
microdisks. The documents will be copied to the disks in WordPerfect
6.0.
SUPPLEMENTARY INFORMATION: Section 402 of the Clean Water Act (Act)
created the NPDES program under which EPA may issue permits for the
point source discharge of pollutants to waters of the United States
under conditions required by the Act. Section 402 also provides that
EPA may authorize a State to administer an equivalent state program
upon a showing the State has authority and a program sufficient to meet
the Act's requirements.
The approved state program, i.e., the Oklahoma Pollutant Discharge
Elimination System (OPDES) program, is a partial program which operates
in lieu of the EPA administered NPDES program pursuant to section 402
of the CWA. The OPDES program is administered by the Oklahoma
Department of Environmental Quality (ODEQ). The basic requirements for
revising approved state programs are listed in 40 CFR section 123.62.
EPA Region 6 considers the documents submitted by the State of Oklahoma
complete at the time of this notice and believes they comply with the
regulations found at 40 CFR part 123. These changes to the Oklahoma
program were explained in the Federal Register Notice (61 FR 65047)
approving the OPDES program, and are not considered to be significant.
Therefore, EPA has approved the OPDES program revision as described by
the Oklahoma Department of Environmental Quality. As of this Notice EPA
will transfer administration of its general permits to ODEQ [except for
those discharges which are not under the jurisdiction of ODEQ, see
Scope and Summary of the OPDES Permitting Program in 61 FR 65047].
Changes to the Approved OPDES Documents
The Federal Register Notice of EPA's approval of the OPDES program
(61 FR 65047) restricted approval of the OPDES program with respect to
enforcement authority for the Oklahoma Ordinance Works Authority (OOWA)
facility, and ODEQ's general permitting authority:
``5. Oklahoma Ordinance Works Authority (OOWA). EPA will retain
enforcement authority for OOWA (NPDES permit No. OK0034568), located in
Pryor, Oklahoma, and all industries served by this facility. ODEQ is
legally responsible for implementing the pretreatment program at OOWA.
6. Authority over EPA issued general permits: EPA will retain
authority to administer general permits in accordance with 40 CFR
123.1. As explained in the Federal Register Notice proposing approval
of the OPDES program, Oklahoma is revising its statutes and regulations
to provide the Executive Director of the Oklahoma Department of
Environmental Quality with the full authority to issue general permits
under the OPDES program. This revision of Oklahoma Law is to ensure
that the Oklahoma general permitting program is consistent with the
requirements of 40 CFR 123.25(c).''
ODEQ has now restructured its oversight of the OOWA facility's
pretreatment program to ensure separation of responsibility from its
NPDES enforcement activities. The Memorandum of Agreement, the Program
Description and the Enforcement Management System have been changed to
reflect these separations of responsibilities from each other. These
changes in responsibility and procedures are reflected in those
documents and are available to the public.
With regard to general permitting authority, the State of Oklahoma
has revised its statutes to provide the Director of ODEQ with the
authority to issue general permits in a manner consistent with the
requirements of 40 CFR part 123. The revision of Oklahoma's statutes
was done through that State's public legislative process. The program
documents (i.e., the Memorandum of Agreement, the Program Description
and the Attorney General's Statement) have been revised to reflect this
new authority and procedures. These changes, along with the new
statutory authority are available to the public.
[[Page 53003]]
In the interim EPA has continued to administer the general permits
which it had issued or proposed prior to 1996 program authorization in
Oklahoma. Permittees under those general permits will be notified that
administration of those general permits is being transferred to the
State agency. The address for Notices of Intent and Termination and
compliance data under those general permits which are to be transfered
to the state will be: ODEQ Water Quality Division, 10th floor, 1000
N.E. 10th Street, Oklahoma City, Oklahoma 73117-1212.
Questions on those general permits should be directed to Dave
Farrington of the ODEQ. Mr. Farrington may be contacted at the address
above or by telephoning (405) 271-5205 ext. 118.
An additional change has been made to the MOA that clarifies ODEQ's
authority over Standard Industrial Classification (SIC) Code 13. This
change to the MOA clarifies that ODEQ is the permitting authority over
SIC groups 1321 and 1389 where the discharges are not associated with
an exploration or production site. This is a specific clarification of
the scope of the program as listed below in part 2.
Scope of the OPDES Program and Clarifications on EPA Authority and
Oversight
EPA continues to be the NPDES authority for the following
discharges:
1. Agricultural industries regulated by the Oklahoma Department of
Agriculture including concentrated animal feeding operations and
silviculture. EPA will remain the NPDES permitting authority for all
point source discharges associated with agricultural production,
services, silviculture, feed yards, livestock markets and animal
wastes.
2. Oil and Gas exploration and production related industries and
pipeline operations regulated by the Oklahoma Corporation Commission.
EPA will retain NPDES authority over these industries and their
discharges to surface waters of the state.
3. Discharges in Indian Country. The State of Oklahoma does not
seek jurisdiction over Indian Country. EPA will retain NPDES authority
to regulate discharges in Indian Country (as defined in 18 U.S.C.
1151). The State of Oklahoma has undertaken steps to revise regulation
252:605-1-3(c) clarifying ODEQ does not seek to issue authorized OPDES
permits to discharges in Indian Country. EPA and ODEQ will work
together with tribal authorities to resolve questions of permitting
authority for individual discharges.
4. Discharges of radioactive materials regulated by the federal
government [i.e. those radioactive materials covered by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.)]. EPA does not
have the authority to approve the OPDES program to regulate radioactive
wastes governed by the Atomic Energy Act. The regulatory authority for
radioactive materials will remain under the jurisdiction of the U.S.
Department of Energy and the Nuclear Regulatory Commission. [Some
industrial discharges which contain very low level radioactive wastes
(e.g., manufacturers of watches may discharge trace amounts of radium,
and hospital wastes sometimes contain iodine isotopes) are not
regulated under the Atomic Energy Act and may be regulated by EPA; upon
authorization of the OPDES program, the authority to regulate those
discharges may become the responsibility of ODEQ.]
5. Status of applications, proposed permits, contested permit
actions, and unresolved EPA enforcement actions: Except for the files
listed below, all pending NPDES permit applications and issued NPDES
permits under jurisdiction of ODEQ were transferred to Oklahoma. In
accordance with the signed MOA, EPA retains temporary authority for all
proposed permits until final issuance; permits contested under
evidentiary hearing proceedings until those are resolved; and
compliance files and authority for all open enforcement orders until
such time as ODEQ has issued parallel orders or EPA has resolved the
enforcement action.
Other Federal Statutes
A. National Historic Preservation Act
EPA, ODEQ and the State Historic Preservation Officer consulted
under the requirements of section 106 of the National Historic
Preservation Act (NHPA) on the original approval of the OPDES program.
[Regulations outlining the requirements of a section 106 consultation
on a federal undertaking are found at 36 CFR part 800.] In the
consultation, EPA, the SHPO and ODEQ outlined procedures by which the
SHPO will confer on permit actions likely to affect historic
properties. These processes are reflected in a memorandum of
understanding signed by EPA and the SHPO on EPA's oversight role and
objection procedures on permits when the two state agencies can not
agree on the protection of historic properties. The EPA/ODEQ MOA
includes conditions for EPA and ODEQ to follow to ensure that the
requirements of the consultation with the SHPO are met. Based on the
previous consultation, EPA believes that this program revision will not
have any effect on historic properties or sites listed or eligible for
listing in the National Register of Historic Places. EPA has provided
notice of this program revision to the SHPO.
B. Endangered Species Act
EPA, ODEQ and the U.S. Fish and Wildlife Service consulted under
section 7 of the Endangered Species Act (ESA) on the original approval
of the OPDES program. Regulations controlling consultation under ESA
section 7 are codified at 50 CFR part 402. In the consultation, EPA,
the Service, and ODEQ outlined procedures by which ODEQ and FWS, will
confer on permits which are likely to affect federally listed species.
These processes are reflected in a Memorandum of Understanding between
the State and FWS. In addition, a consultation agreement was reached
between EPA and FWS on EPA's oversight role and objection procedures
when ODEQ and FWS cannot agree on the protection of species in an
individual State permit action. These conditions are reflected in the
EPA/ODEQ MOA. Based on the previous consultation, EPA believes this
proposed revision of the OPDES program will have no effect on federally
listed species. Notice of this program revision has been sent to the
Service.
C. Small Business Regulatory Enforcement Fairness Act
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
D. Regulatory Flexibility Act
After review of the facts presented in this document, I hereby
certify, pursuant to the provisions of 5 U.S.C. 605(b), that this
action will not have a significant impact on a substantial number of
small entities. This revision of the Oklahoma NPDES permit program will
merely allow the ODEQ to issue general permits under the previously
approved program; and to perform NPDES enforcement oversight over the
OOWA facility.
I hereby authorize this revision of the OPDES program in accordance
with 40 CFR 123.
[[Page 53004]]
Dated: September 11, 1997.
Jerry Clifford,
Acting Regional Administrator.
[FR Doc. 97-27021 Filed 10-9-97; 8:45 am]
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