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E-M:/ Another Bush-Break for Oil Industry.....



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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More attacks on enviro regs for the oil and gas industry....

Today's federal register notice delaying requirements to
control stormwater from construction at oil and gas production (and other)
operations  for an additional 2 years......This will probably affect
sites in Michgan......

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[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Proposed Rules]
[Page 79827-79832]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-18]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 122
[FRL-7433-9]
RIN 2040-AC82

Modification of National Pollutant Discharge Elimination System
(NPDES) Permit Deadline for Storm Water Discharges for Oil and Gas
Construction Activity That Disturbs One to Five Acres of Land

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: Today's action proposes to postpone until March 10, 2005, the
permit authorization deadline for National Pollutant Discharge
Elimination System (NPDES) storm water permits for oil and gas
construction activity that disturbs one to five acres of land. On
December 8, 1999 (64 FR 68722), the U.S. Environmental Protection
Agency (EPA) published a final rule expanding the then-existing NPDES
permitting program to require permit coverage by March 10, 2003 for,
among other things, construction sites that disturb one to five acres.
As part of that rulemaking, EPA assumed that few, if any, oil and gas
exploration, production, processing, or treatment operations or
transmission facilities would be affected by the rule. Since rule
promulgation, information has become available indicating that close to
30,000 oil and gas sites per year may be affected by the December 8,
1999, storm water regulations.
     EPA is proposing a two-year postponement of the deadline from March
10, 2003, to March 10, 2005, in order to allow time for EPA to analyze
and better evaluate the impact of the permit requirements on the oil
and gas industry, the appropriate best management practices for
preventing contamination of storm water runoff resulting from
construction associated with oil and gas exploration, production,
processing, or treatment operations or transmission facilities, and the
scope and effect of 33 U.S.C. 1342 (l)(2) and other storm water
provisions of the Clean Water Act.

DATES: Comments on the proposed rule must be received on or before
January 29, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Send written comments to: Water Docket,
Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. OW-2002-0068.
For other types of delivery, see the detailed instructions in section
I.C.

FOR FURTHER INFORMATION CONTACT: Wendy Bell, Office of Wastewater
Management, Office of Water, Environmental Protection Agency, at 202-
564-0746 or e-mail: <A HREF="mailto:bell.wendy@epa.gov";>bell.wendy@epa.gov</A>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Regulated Entities. Entities Potentially Regulated by This Action
Include:

------------------------------------------------------------------------
              Category                  Examples of regulated  entities
------------------------------------------------------------------------
Industry..........................  Oil and gas producers constructing
                                      drilling sites disturbing one to
                                      five acres of land, construction
                                      site operators associated with oil
                                      and gas construction projects
                                      disturbing one to five acres of
                                      land.
------------------------------------------------------------------------

     This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility or company is regulated by this action, you should
carefully examine the applicability criteria in 40 CFR 122.26(b)(15).
If you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of This Document and Other Related Information
?

     1. Docket. EPA has established an official public docket for this
action under Docket ID No. OW-2002-0068. The official public docket is
the collection of materials that are available for public viewing at
the Water 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
Water Docket is (202) 566-2426.
     2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at <A 
HREF="http://www.epa.gov/fedrgstr/";>http://www.epa.gov/fedrgstr/</A>.
     An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at <A 
HREF="http://www.epa.gov/edocket/";>http://www.epa.gov/edocket/</A> to 
submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
     Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in section I.B.1.
     For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
     Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

[[Page 79829]]

C. How and To Whom Do I Submit Comments?

     You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
     1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
     i. EPA Dockets. EPA's preferred method for receiving comments is
through use of the Agency's electronic public docket. To access this
docket, go directly to EPA Dockets at <A 
HREF="http://www.epa.gov/edocket";>http://www.epa.gov/edocket</A>, and
follow the online instructions for submitting comments. Once in the
system, select ``search,'' and then key in Docket ID No. OW-2002-0068.
The system is an ``anonymous access'' system, which means EPA will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
     ii. E-mail. Comments may be sent by electronic mail (e-mail) to ow-
<A HREF="mailto:docket@epa.gov";>docket@epa.gov</A>, Attention Docket ID No. 
OW-2002-0068. In contrast to
EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
     iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
     2. By Mail. Send the original and three copies of your comments to:
``Water Docket, Environmental Protection Agency, Mailcode 4101T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.
OW-2002-0068.
     3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW.,
Washington, DC, Attention Docket ID No. OW-2002-0068. Such deliveries
are only accepted during the Docket's normal hours of operation as
identified in section I.B.1.

D. What Should I Consider as I Prepare My Comments for EPA?

     You may find the following suggestions helpful for preparing your
comments:
     1. Explain your views as clearly as possible.
     2. Describe any assumptions that you used.
     3. Provide any technical information and/or data you used that
support your views.
     4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
     5. Provide specific examples to illustrate your concerns.
     6. Offer alternatives.
     7. Make sure to submit your comments by the comment period deadline
identified.
     8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.

II. Background

     Section 405 of the Water Quality Act of 1987 (WQA) added section
402(p) of the Clean Water Act (CWA), which directs EPA to develop a
phased approach to regulate storm water discharges under the National
Pollutant Discharge Elimination System (NPDES) program. EPA published a
final regulation on the first phase of this program on November 16,
1990, establishing permit application requirements for ``storm water
discharges associated with industrial activity.'' EPA defined the term
``storm water discharge associated with industrial activity'' in a
manner that covered a wide variety of facilities. Construction
activities that disturb five acres of land and greater are considered
``industrial activity'' under 40 CFR 122.26(b)(14)(x).
     Phase II of the storm water program regulations were published in
the Federal Register on December 8, 1999. Phase II requires storm water
permits for sites disturbing equal to or greater than one acre of land
and less than five acres. 40 CFR 122.26(b)(15)(i). Discharges from
these sources require permit authorization by March 10, 2003 (40 CFR
122.26(e)(8)).
     In developing the Phase II storm water regulations, EPA conducted
an analysis of the potential impacts of the regulation on the national
economy and also analyzed impacts on small businesses. These impacts
are associated with implementation of sediment and erosion control
practices or best management practices to reduce pollutants commonly
associated with construction storm water discharges. In performing
these analyses, EPA considered affected industrial sectors, including
the oil and gas industry. Based on information provided, EPA assumed
that few, if any, oil and gas exploration, production, processing, or
treatment operations, or transmission facilities would be affected by
Phase II. Therefore, EPA did not include oil and gas exploration sites
in the Economic Analysis of the Phase II Final Rule.
     Based on recent information from the U.S. Department of Energy, EPA
now estimates that on average there are 30,000 oil and gas starts per
year, including exploration and development activities. Initially, EPA
assumed that very few of these starts would incur compliance costs
associated with the Phase II rule because most of them would be less
than one acre. However, based on new information, EPA now believes that
a significant number of such sites may exceed one acre. In addition,
EPA had assumed that the oil and gas industry would use best management
practices (BMPs) similar to those in other industrial sectors involved
in construction and development, if affected. EPA estimated the costs
of these BMPs to range from $1,206 to $8,709 depending on the size,
slope and soil characteristics of a given site. EPA plans to gather
more data on the BMPs used by the oil and gas

[[Page 79830]]

industry to determine if this cost range is accurate.
     Title 33 U.S.C. 1342(l)(2) exempts certain storm water discharges
from oil and gas exploration, production, processing, or treatment
operations or transmission facilities from the NPDES permit
requirement. The statute provides that ``[t]he Administrator shall not
require a permit under this section, nor shall the Administrator
directly or indirectly require any State to require a permit, for
discharges of stormwater runoff from * * * oil and gas exploration,
production, processing, or treatment operations or transmission
facilities, composed entirely of flows which are from conveyances or
systems of conveyances (including but not limited to pipes, conduits,
ditches, and channels) used for collecting and conveying precipitation
runoff and which are not contaminated by contact with, or do not come
into contact with, any overburden, raw material, intermediate products,
finished product, byproduct, or waste products located on the site of
such operations.'' Emphasis added. The NPDES storm water regulations
repeat this exemption at 40 CFR 122.26(a)(2). However, as noted above,
those regulations also currently require NPDES permits for storm water
discharges from ``[c]onstruction activity including clearing, grading,
and excavation except operations that result in the disturbance of less
than five acres of total land area.'' 40 CFR 122.26(b)(14)(x). In
addition, as currently written, these regulations will require NPDES
permits by March 10, 2003, for storm water discharges from construction
sites disturbing at least one acre, and less than five acres. 40 CFR
122.26(b)(15)(i).

III. Today's Action

     In today's action, EPA is proposing to postpone until March 10,
2005, the permit authorization deadline for National Pollutant
Discharge Elimination System (NPDES) storm water permits for oil and
gas construction activity that disturbs one to five acres of land and
sites disturbing less than one acre that are part of a larger common
plan of development or sale that disturbs one to five acres. Since
January 2002, information has become available indicating that close to
30,000 oil and gas sites may be affected by the Phase II storm water
regulations. In the spirit of Executive Order 13211, which directs EPA
to consider the impact of its actions on energy-related production
activities, the Agency believes it is important to review this new
information in light of the Phase II rule to determine the impact on
the oil and gas industry. During the proposed two-year postponement of
this deadline, EPA plans to gather information about the area of land
disturbed during construction of oil and gas exploration and production
facilities.
     In evaluating the impact, the Agency will work with states,
industry, and other entities to gather and evaluate data on the
development and use of appropriate best management practices for the
oil and gas industry. As part of today's rulemaking, EPA is seeking
additional information on size, location and other site characteristics
to better evaluate compliance costs, as well as technical and cost data
to evaluate best management practices appropriate to controlling storm
water runoff from oil and gas starts. EPA will also evaluate the
applicability of the exemption at 33 U.S.C. 1342(l)(2) to construction
activity at oil and gas exploration, production, processing, or
treatment operations or transmission facilities. EPA will use the
additional data and analyses produced during the two-year period to
determine the appropriate NPDES requirements, if any, for construction
of oil and gas exploration and production facilities of one to five
acres.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

     Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
     (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
     (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
     (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
     (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
     It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.

B. Paperwork Reduction Act

     This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
It merely postpones implementation of an existing rule deadline.
     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.
     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.

C. Regulatory Flexibility Act

     The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other
statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
     For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business based
on SBA size standards; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
     After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic

[[Page 79831]]

impact on a substantial number of small entities. It merely postpones
the permit authorization deadline for oil and gas construction
activities that disturb one to five acres.

D. Unfunded Mandates Reform Act

     Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
     EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. This rule does not impose any costs. It merely
postpones the permit authorization deadline for oil and gas
construction activities that disturb one to five acres. Thus, today's
proposed rule is not subject to the requirements of sections 202 and
205 of the UMRA. For the same reason, EPA has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. Thus, today's proposed rule is not
subject to the requirements of section 203 of UMRA.

E. Executive Order 13132: Federalism

     Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
     This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. It merely postpones the permit
authorization deadline for oil and gas construction activities that
disturb one to five acres. Thus, Executive Order 13132 does not apply
to this rule.
     In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

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

     Executive Order 13175, entitled, ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.''
     This proposed rule does not have Tribal implications. It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. It
merely postpones the permit authorization deadline for oil and gas
construction activities that disturb one to five acres. Thus, Executive
Order 13175 does not apply to this rule.
     In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicits comment on this proposed rule from tribal
officials.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

     Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This
regulation is not subject to Executive Order 13045 because it is not
economically significant as defined under Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

     This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866. The
only effect of this proposed rule would be to delay the permit
authorization requirement for affected small oil and gas operations by
two years. As noted above, EPA will use the two-year delay to analyze
the broader question of whether the imposition of storm water
permitting requirements on construction of oil and gas facilities of
one to five acres would result in a significant energy impact, and will
factor the results of this analysis into its final determination
regarding

[[Page 79832]]

appropriate requirements for such facilities.

I. National Technology Transfer and Advancement Act

     Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
     This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

List of Subjects in 40 CFR Part 122

     Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Reporting and
recordkeeping requirements, Water pollution control.

     Dated: December 24, 2002.
Christine Todd Whitman,
Administrator.
     For the reasons set forth in the preamble, chapter I of title 40 of
the Code of Federal Regulations is amended as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

     1. The authority citation for part 122 continues to read as
follows:

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

     2. Revise Sec.  122.26(e)(8) to read as follows:

Sec.  122.26  Storm water discharges (applicable to State NPDES
programs, see Sec.  123.25).

* * * * *
     (e) Application deadlines. * * *
     (8) For any storm water discharge associated with small
construction activity identified in paragraph (b)(15)(i) of this
section, see Sec.  122.21(c)(1). Discharges from these sources, other
than discharges associated with small construction activity at oil and
gas exploration, production, processing, and treatment operations or
transmission facilities, require permit authorization by March 10,
2003, unless designated for coverage before then. Discharges associated
with small construction activity at such oil and gas sites require
permit authorization by March 10, 2005.

[FR Doc. 02-32984 Filed 12-27-02; 8:45 am]
BILLING CODE 6560-50-P


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Environmental Enforcement, Technical Review, Public Policy and
Communications on Air, Water and Waste/Community Environmental Protection

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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