Proposed Reissuance of the NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in the State of Idaho (IDG010000), 59975-59977 [E9-27825]

Download as PDF erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices conference. The sessions will be held in the Commission Meeting Room and other conference rooms at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please note that the conference will begin at 1 p.m. on Thursday, November 19. Panelists in the afternoon session on November 19 will discuss the overall approach to and scope of the National Action Plan, as proposed in the Discussion Draft, followed by a closing plenary session. The morning breakout sessions on November 20 will focus on each of the three statutory objectives set out in EISA and the possible activities identified in the Discussion Draft. The technical conference represents one of the means for stakeholders to provide input on the National Action Plan. Those interested will also have an opportunity to submit comments on the Discussion Draft and the technical conferences. The November 19 panel sessions and the November 20 plenary session of the conference will be transcribed. Transcripts of the conference will be immediately available for a fee from Ace-Federal Reporters, Inc. (202–347– 3700 or 1–800–336–6646). A free Web cast of the November 19 panel sessions and the November 20 closing plenary session will be available. Anyone with Internet access interested in viewing this conference can do so by navigating to http://www.ferc.gov’s Calendar of Events and locating the appropriate event in the Calendar. The events will contain a link to the applicable Web cast option. The Capitol Connection provides technical support for the Web casts and offers the option of listening to the conferences via phone-bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org or call 703–993–3100. The morning breakout sessions on November 20 will not be Web cast or transcribed, but they are open to everyone and we encourage all to attend. During the breakouts, Commission staff anticipates detailed discussion on the elements described in the Discussion Draft. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations, please send an e-mail to accessibility@ferc.gov or call toll free (866) 208–3372 (voice) or (202) 208–1659 (TTY), or send a FAX to (202) 208–2106 with the required accommodations. DEPARTMENT OF ENERGY Kimberly D. Bose, Secretary. [FR Doc. E9–27736 Filed 11–18–09; 8:45 am] 1 Wholesale Competition in Regions with Organized Electric Market, Order No. 719, 73 FR 64,100 (Oct. 28, 2008), FERC Stats & Regs. ¶ 31,281 (2008); order on reh’g, 74 FR 37,772 (July 29, 2009), 128 FERC ¶ 61,059 (2009) (Order No. 719–A). BILLING CODE 6717–01–P VerDate Nov<24>2008 15:22 Nov 18, 2009 Jkt 220001 Federal Energy Regulatory Commission [Docket No. ER09–1048–000; Docket No. ER09–1049–000; Docket Nos. ER09–1050– 000; ER09–1192–000; Docket No. ER09– 1051–000; Docket No. ER09–1063–000; Docket No. ER09–1142–000] California Independent System Operator Corporation, et al.; First Notice of Technical Conference on California Independent System Operator Corporation; Midwest Independent Transmission System Operator, Inc.; Southwest Power Pool, Inc.; ISO New England, Inc. and New England Power Pool; PJM Interconnection, LLC; New York Independent System Operator, Inc.; and RTO/ISO Responsiveness Date: November 13, 2009. In Order Nos. 719 and 719–A, the Commission established reforms to improve the operation of organized wholesale electric power markets and amended its regulations under the Federal Power Act in the areas of: (1) Demand response; (2) long-term power contracting; (3) market monitoring policies; and (4) the responsiveness of regional transmission organizations (RTOs) and independent system operators (ISOs) to their customers and other stakeholders.1 The RTOs and ISOs filed in compliance with Order Nos. 719 and 719–A in the above-referenced proceedings. The staff of the Federal Energy Regulatory Commission will hold a technical conference in the near future to provide a forum for interested participants to discuss the fourth topic identified above—the responsiveness of RTOs and ISOs to their customers and other stakeholders. The technical conference will be held in the Commission Meeting Room at the Commission’s Washington, DC headquarters, 888 First Street, NE. The purpose of this notice is to advise the public of the technical conference. The Commission will notify the public as to the date for the technical conference, as well as specific information on the starting and ending times, the topics to be explored, and the format of the technical conference in a subsequent notice. All interested parties are invited to attend. There is no registration fee to attend this technical conference. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 59975 FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to accessibility@ferc.gov or call toll free (866) 208–3372 (voice) or (202) 502– 8659 (TTY), or send a fax to (202) 208– 2106 with the required accommodations. Kimberly D. Bose, Secretary. [FR Doc. E9–27810 Filed 11–18–09; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8981–8] Proposed Reissuance of the NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in the State of Idaho (IDG010000) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed NPDES general permit reissuance. SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10 proposes to reissue the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) in the State of Idaho (permit), including Indian Country. As proposed, all animal feeding operations (AFOs) that meet the regulatory definition of a CAFO, discharge or propose to discharge, and are subject to 40 CFR Part 412 are eligible for coverage under the permit. Eligible CAFOs may apply for authorization under the terms and conditions of the permit by submitting a Notice of Intent (NOI) and nutrient management plan (NMP). Upon receipt, EPA will review the NOI and NMP to ensure that all permit requirements are met. If EPA makes a preliminary determination that the NOI is complete, the NOI, NMP, and draft terms of the NMP to be incorporated into the permit will be made available for a thirty (30) day public review and comment period. If determined appropriate by EPA, CAFOs will be granted coverage under the permit upon written notification by EPA. Public Comment: EPA will be accepting public comments on the permit. Interested persons may submit written comments on the permit to the attention of Nicholas Peak at the address below. Copies of the permit and fact sheet are available upon request. These E:\FR\FM\19NON1.SGM 19NON1 59976 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES documents may also be downloaded from the Region 10 Web site at: http://yosemite.epa.gov/R10/water.nsf/ NPDES+Permits/Permits+Homepage. All comments must include the name, address, and telephone number of the commenter and a concise statement of comment and the relevant facts upon which it is based. Comments of either support or concern which are directed at specific, cited permit requirements are appreciated. After the expiration date of the Public Notice on January 19, 2010, the Director, Office of Water and Watersheds, EPA Region 10, will consider all comments before making a final determination with respect to issuance of the permit. DATES: Comments must be received by January 19, 2010. ADDRESSES: Comments should be sent to: Director, Office of Water and Watersheds, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, M/S OWW– 130, Seattle, Washington 98101. Comments may also be submitted via e-mail to the following address: peak.nicholas@epa.gov. Public Meetings Dates and Locations The public is invited to attend one of three public informational meetings that EPA is hosting to provide information on the permit and to answer any questions concerning the permit. These public meetings are not public hearings as set forth in 40 CFR 124.12. The informational meetings will be held at the following dates/locations: Idaho Department of Fish and Wildlife, South Regional Office, 1345 Barton Road, Pocatello, ID 83204, December 8, 2009, 1 p.m.–5 p.m.; Idaho Department of Fish and Game, Magic Valley Regional Office, 324 South 417 East, #1, Jerome, ID 83338, December 9, 2009, 10 a.m.–2 p.m.; Idaho Department of Fish and Game, Southwest Regional Office, 3101 S. Powerline Road, Nampa, ID 83686, December 10, 2009, 10 a.m.–2 p.m. FOR FURTHER INFORMATION CONTACT: Additional information can be obtained by contacting Mr. Nicholas Peak at the following address/phone number: U.S. EPA, Region 10, Idaho Operations Office, 1435 N. Orchard Street, Boise, Idaho 83706; Telephone: (208) 378– 5765. In addition, additional information is available on the EPA Region 10 Web site at: http:// yosemite.epa.gov/R10/water.nsf/ NPDES+Permits/Permits+Homepage. SUPPLEMENTARY INFORMATION: An existing permit, NPDES Permit No. IDG010000 (existing permit), was previously reissued on May 27, 1999 and expired on May 27, 2002. The existing permit was administratively VerDate Nov<24>2008 15:22 Nov 18, 2009 Jkt 220001 extended and will remain in effect until a new permit is reissued for those discharges which were covered at the time of expiration. The existing permit authorizes discharges of process wastewater from all operations classified as a CAFO in the State of Idaho. EPA proposes to replace the existing permit with the permit numbered as IDG010000. The permit adds additional requirements contained in the revised CAFO regulations at 40 CFR parts 122 and 412 which were published in the Federal Register at 73 FR 70418 (November 20, 2008.) The permit adds new requirements relating to NMPs for permitted CAFOs. CAFO owners or operators were required to develop and implement NMPs under the 2003 rule; the 2008 rule now requires CAFO owners or operators to submit their facility’s NMPs along with the NOI. EPA Region 10, as the permitting authority, will review the NMPs submitted with the NOIs and will establish the terms of the NMP that are enforceable elements of the permit. EPA Region 10 will provide the public with an opportunity for meaningful review and comment on the NMPs and the terms of the NMPs will be incorporated into the permit. Regulated entities. The permit regulates discharges from CAFOs located in the State of Idaho including Indian Country. To determine whether your facility, company, business, organization, etc., may be affected by today’s action, you should carefully examine the applicability criteria in Part I of the permit. Questions on the permit’s application to specific facilities may also be directed to Mr. Peak at the telephone number or address listed above. State Certification. Section 401 of the Clean Water Act, 33 U.S.C. 1341 requires EPA to seek a certification from the State that the conditions of the permit are stringent enough to comply with State water quality standards. EPA obtained a draft certification from the Idaho Department of Environmental Quality (IDEQ) on October 6, 2009. EPA intends to seek a final certification from IDEQ prior to issuing the final permit. When IDEQ issues certification, it may impose more stringent conditions than are currently included in the permit to ensure compliance with State water quality standards. National Environmental Policy Act. The National Environmental Policy Act (NEPA) requires EPA to conduct an environmental review for new source NPDES permit actions pursuant to the Council on Environmental Quality (CEQ) regulations at 40 CFR Parts 1500– 1508 and EPA’s NEPA implementing PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 regulations at 40 CFR Part 6. NEPA requirements must be complied with prior to allowing permit coverage of new sources (i.e. Large CAFOs whose construction began after April 14, 2003). New sources seeking permit coverage must submit an Environmental Information Document (EID) or Draft Environmental Assessment (EA) along with their Notice of Intent (NOI) and Nutrient Management Plans (NMPs) pursuant to the requirements at 40 CFR 6.200(g)(2) and 40 CFR Part 6, Subpart C. Endangered Species Act. Section 7 of the Endangered Species Act requires Federal agencies to consult with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) if their actions have the potential to either beneficially or adversely affect any threatened or endangered species. EPA has determined that the permit is not likely to adversely affect any threatened or endangered species. The fact sheet and the permit will also be submitted to NMFS and USFWS for review during the public comment period. EPA will obtain concurrence with its determination from NMFS and USFWS prior to issuing the final permit. Executive Order 12866. The Office of Management and Budget has exempted this action from the review of requirements of Executive Order 12866 pursuant to Section 6 of that order. Paperwork Reduction Act. The information collection requirements of this permit were previously approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB control number: 2040–0250 for NPDES Form 2B (NPDES permit application). Regulatory Flexibility Act. After review of the facts presented in the notice of intent, permit and fact sheet, the Administrator of EPA certifies, pursuant to the provisions of 5 U.S.C. 605(b), that this permit will not have a significant impact on a substantial number of small entities. Moreover, the permit reduces a significant administrative burden on regulated sources. Unfunded Mandates Reform Act. Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 104–4, generally requires Federal agencies to assess the effects of their ‘‘regulatory actions’’ [defined to be the same as ‘‘rules’’ subject to the RPA] on Tribal, State and local governments, and the permit issued today is not a ‘‘rule’’ subject to the RFA, and is therefore not subject to the UMRA. E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices Dated: November 6, 2009. Michael A. Bussell, Director, Office of Water and Watersheds, Region 10. [FR Doc. E9–27825 Filed 11–18–09; 8:45 am] BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Judith B. Herman, OMD, 202–418–0214. For additional information about the information collection(s) send an e–mail to PRA@fcc.gov or contact Judith B. Herman, 202–418–0214. SUPPLEMENTARY INFORMATION: FEDERAL COMMUNICATIONS COMMISSION Notice of Public Infomation Collection Being Reviewed by the Federal Communications Commission, Comments Requested erowe on DSK5CLS3C1PROD with NOTICES November 13, 2009. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comments on this information collection should submit comments on January 19, 2010. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB), via fax at (202) 395–5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to Judith B. Herman, Federal Communications Commission (FCC). To submit your PRA comments by e–mail send them to: PRA@fcc.gov. VerDate Nov<24>2008 15:22 Nov 18, 2009 Jkt 220001 OMB Control No: 3060–0757. Title: FCC Auctions Customer Survey. Form No.: N/A. Type of Review: Revision of a currently approved collection. Respondents: Individuals or households; business or other for–profit. Number of Respondents: 1,000 respondents; 1,000 responses. Estimated Time Per Response: .25 hours. Frequency of Response: On occasion reporting requirement. Obligation to Respond: Voluntary. Statutory authority for this information collection is contained in 47 U.S.C. 154(i), 309(j)(3), and 309(j)(12). Total Annual Burden: 250 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: There is no need for confidentiality. Respondents may request materials or information to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission’s rules. Need and Uses: The Commission is requesting a revision of this information collection due to changes in the survey questions, clarification of data, etc. The Commission has not changed the existing burden estimates. Since enactment of Section 6002 of the Omnibus Budget Reconciliation Act of 1993, the Commission has conducted a series of spectrum auctions. Approximately, 3,700 bidders have participate in these auctions, including individuals in their entrepreneurial capacity, businesses (both large and small) and other entities. By seeking input from auction participants, through the use of the FCC Auctions Customer Survey, the Commission expects to gather information to evaluate the competitive bidding methodologies and other operational processed used to date and to improve these techniques for use in future auctions. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. E9–27737 Filed 11–18–09; 8:45 am] BILLING CODE 6712–01–S PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 59977 FEDERAL COMMUNICATIONS COMMISSION [DA 09–2418] Consumer Advisory Committee AGENCY: Federal Communications Commission. ACTION: Notice; announcement of meeting. SUMMARY: This document announces the date and agenda of the Committee’s next meeting. DATES: The next meeting of the Committee will take place on Friday, December 4, 2009, 9 a.m. to 4 p.m., at the Commission’s Headquarters Building, Room TW–C305, 445 12th Street, SW., Washington, DC 20554. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Scott Marshall, Consumer & Governmental Affairs Bureau, (202) 418–2809 (voice), (202) 418–0179 (TTY), or e-mail scott.marshall@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Public Notice DA 09–2418, released on November 13, 2009 announcing the agenda, date and time of the Committee’s next meeting. The Committee is organized under and will operate in accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2 (1988). The mission of the Committee is to make recommendations to the Commission regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of consumers (including people with disabilities and underserved populations, such as American Indians and persons living in rural areas) in proceedings before the Commission. Each meeting of the full Committee will be open to the public. A notice of each meeting will be published in the Federal Register at least fifteen (15) days in advance of the meeting. Records will be maintained of each meeting and made available for public inspection. Synopsis At its December 4, 2009 meeting, the Committee is expected to consider recommendations and/or receive progress reports regarding captioned telephony, digital closed captioning and video description, Consumer Information, Disclosure, Truth in Billing Notice of Inquiry (CG Docket No. 09– 158), web/new media design, and the new Electronic Comment Filing System. E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59975-59977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27825]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-8]


Proposed Reissuance of the NPDES General Permit for Concentrated 
Animal Feeding Operations (CAFOs) Located in the State of Idaho 
(IDG010000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES general permit reissuance.

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

SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10 
proposes to reissue the National Pollutant Discharge Elimination System 
(NPDES) General Permit for Concentrated Animal Feeding Operations 
(CAFOs) in the State of Idaho (permit), including Indian Country. As 
proposed, all animal feeding operations (AFOs) that meet the regulatory 
definition of a CAFO, discharge or propose to discharge, and are 
subject to 40 CFR Part 412 are eligible for coverage under the permit. 
Eligible CAFOs may apply for authorization under the terms and 
conditions of the permit by submitting a Notice of Intent (NOI) and 
nutrient management plan (NMP). Upon receipt, EPA will review the NOI 
and NMP to ensure that all permit requirements are met. If EPA makes a 
preliminary determination that the NOI is complete, the NOI, NMP, and 
draft terms of the NMP to be incorporated into the permit will be made 
available for a thirty (30) day public review and comment period. If 
determined appropriate by EPA, CAFOs will be granted coverage under the 
permit upon written notification by EPA.
    Public Comment: EPA will be accepting public comments on the 
permit. Interested persons may submit written comments on the permit to 
the attention of Nicholas Peak at the address below. Copies of the 
permit and fact sheet are available upon request. These

[[Page 59976]]

documents may also be downloaded from the Region 10 Web site at: http:/
/yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage. All 
comments must include the name, address, and telephone number of the 
commenter and a concise statement of comment and the relevant facts 
upon which it is based. Comments of either support or concern which are 
directed at specific, cited permit requirements are appreciated. After 
the expiration date of the Public Notice on January 19, 2010, the 
Director, Office of Water and Watersheds, EPA Region 10, will consider 
all comments before making a final determination with respect to 
issuance of the permit.

DATES: Comments must be received by January 19, 2010.

ADDRESSES: Comments should be sent to: Director, Office of Water and 
Watersheds, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, M/S OWW-
130, Seattle, Washington 98101. Comments may also be submitted via e-
mail to the following address: peak.nicholas@epa.gov.

Public Meetings Dates and Locations

    The public is invited to attend one of three public informational 
meetings that EPA is hosting to provide information on the permit and 
to answer any questions concerning the permit. These public meetings 
are not public hearings as set forth in 40 CFR 124.12. The 
informational meetings will be held at the following dates/locations: 
Idaho Department of Fish and Wildlife, South Regional Office, 1345 
Barton Road, Pocatello, ID 83204, December 8, 2009, 1 p.m.-5 p.m.; 
Idaho Department of Fish and Game, Magic Valley Regional Office, 324 
South 417 East, 1, Jerome, ID 83338, December 9, 2009, 10 
a.m.-2 p.m.; Idaho Department of Fish and Game, Southwest Regional 
Office, 3101 S. Powerline Road, Nampa, ID 83686, December 10, 2009, 10 
a.m.-2 p.m.

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Mr. Nicholas Peak at the following address/phone number: 
U.S. EPA, Region 10, Idaho Operations Office, 1435 N. Orchard Street, 
Boise, Idaho 83706; Telephone: (208) 378-5765. In addition, additional 
information is available on the EPA Region 10 Web site at: http://
yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage.

SUPPLEMENTARY INFORMATION: An existing permit, NPDES Permit No. 
IDG010000 (existing permit), was previously reissued on May 27, 1999 
and expired on May 27, 2002. The existing permit was administratively 
extended and will remain in effect until a new permit is reissued for 
those discharges which were covered at the time of expiration. The 
existing permit authorizes discharges of process wastewater from all 
operations classified as a CAFO in the State of Idaho. EPA proposes to 
replace the existing permit with the permit numbered as IDG010000. The 
permit adds additional requirements contained in the revised CAFO 
regulations at 40 CFR parts 122 and 412 which were published in the 
Federal Register at 73 FR 70418 (November 20, 2008.) The permit adds 
new requirements relating to NMPs for permitted CAFOs. CAFO owners or 
operators were required to develop and implement NMPs under the 2003 
rule; the 2008 rule now requires CAFO owners or operators to submit 
their facility's NMPs along with the NOI. EPA Region 10, as the 
permitting authority, will review the NMPs submitted with the NOIs and 
will establish the terms of the NMP that are enforceable elements of 
the permit. EPA Region 10 will provide the public with an opportunity 
for meaningful review and comment on the NMPs and the terms of the NMPs 
will be incorporated into the permit.
    Regulated entities. The permit regulates discharges from CAFOs 
located in the State of Idaho including Indian Country. To determine 
whether your facility, company, business, organization, etc., may be 
affected by today's action, you should carefully examine the 
applicability criteria in Part I of the permit. Questions on the 
permit's application to specific facilities may also be directed to Mr. 
Peak at the telephone number or address listed above.
    State Certification. Section 401 of the Clean Water Act, 33 U.S.C. 
1341 requires EPA to seek a certification from the State that the 
conditions of the permit are stringent enough to comply with State 
water quality standards. EPA obtained a draft certification from the 
Idaho Department of Environmental Quality (IDEQ) on October 6, 2009. 
EPA intends to seek a final certification from IDEQ prior to issuing 
the final permit. When IDEQ issues certification, it may impose more 
stringent conditions than are currently included in the permit to 
ensure compliance with State water quality standards.
    National Environmental Policy Act. The National Environmental 
Policy Act (NEPA) requires EPA to conduct an environmental review for 
new source NPDES permit actions pursuant to the Council on 
Environmental Quality (CEQ) regulations at 40 CFR Parts 1500-1508 and 
EPA's NEPA implementing regulations at 40 CFR Part 6. NEPA requirements 
must be complied with prior to allowing permit coverage of new sources 
(i.e. Large CAFOs whose construction began after April 14, 2003). New 
sources seeking permit coverage must submit an Environmental 
Information Document (EID) or Draft Environmental Assessment (EA) along 
with their Notice of Intent (NOI) and Nutrient Management Plans (NMPs) 
pursuant to the requirements at 40 CFR 6.200(g)(2) and 40 CFR Part 6, 
Subpart C.
    Endangered Species Act. Section 7 of the Endangered Species Act 
requires Federal agencies to consult with the National Marine Fisheries 
Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) if their 
actions have the potential to either beneficially or adversely affect 
any threatened or endangered species. EPA has determined that the 
permit is not likely to adversely affect any threatened or endangered 
species. The fact sheet and the permit will also be submitted to NMFS 
and USFWS for review during the public comment period. EPA will obtain 
concurrence with its determination from NMFS and USFWS prior to issuing 
the final permit.
    Executive Order 12866. The Office of Management and Budget has 
exempted this action from the review of requirements of Executive Order 
12866 pursuant to Section 6 of that order.
    Paperwork Reduction Act. The information collection requirements of 
this permit were previously approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and assigned OMB control number: 2040-0250 for 
NPDES Form 2B (NPDES permit application).
    Regulatory Flexibility Act. After review of the facts presented in 
the notice of intent, permit and fact sheet, the Administrator of EPA 
certifies, pursuant to the provisions of 5 U.S.C. 605(b), that this 
permit will not have a significant impact on a substantial number of 
small entities. Moreover, the permit reduces a significant 
administrative burden on regulated sources.
    Unfunded Mandates Reform Act. Section 201 of the Unfunded Mandates 
Reform Act (UMRA), Public Law 104-4, generally requires Federal 
agencies to assess the effects of their ``regulatory actions'' [defined 
to be the same as ``rules'' subject to the RPA] on Tribal, State and 
local governments, and the permit issued today is not a ``rule'' 
subject to the RFA, and is therefore not subject to the UMRA.


[[Page 59977]]


    Dated: November 6, 2009.
Michael A. Bussell,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. E9-27825 Filed 11-18-09; 8:45 am]
BILLING CODE 6560-50-P