Issuance of NPDES General Permits for Wastewater Lagoon Systems Located in Indian Country in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming, 53299-53301 [2010-21675]
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copies of the comments. For
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Instructions: Direct your comments to
Docket ID No. EPA–HQ–ORD–2010–
0709. Please ensure that your comments
are submitted within the specified
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‘‘late,’’ and may only be considered if
time permits. It is EPA’s policy to
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Dated: August 25, 2010.
Rebecca Clark,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2010–21696 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9195–3]
Issuance of NPDES General Permits
for Wastewater Lagoon Systems
Located in Indian Country in Colorado,
Montana, North Dakota, South Dakota,
Utah and Wyoming
Environmental Protection
Agency (EPA).
ACTION: Notice of issuance of NPDES
general permits.
AGENCY:
EPA Region 8 is hereby giving
notice of its reissuance of five National
Pollutant Discharge Elimination System
(NPDES) general permits for wastewater
lagoon systems that are located in
Indian country in the States of Montana,
North Dakota, South Dakota, Utah and
Wyoming and the issuance of the
NPDES general permit for wastewater
lagoon systems that are located in
Indian country in the State of Colorado
and that are treating primarily domestic
wastewater. The general permits are
grouped geographically by State, with
the permit coverage being for specified
Indian reservations in the State; any
land held in trust by the United States
for an Indian Tribe; and any other areas
which are Indian country within the
meaning of 18 U.S.C. 1151. The permits
for the States of MT, ND, SD, UT, and
WY are being reissued and replace
permits that were issued in 2004. Those
permits expired August 16, 2009, and
have been administratively extended.
The permit for the State of Colorado is
being issued for the first time. The
effective date of these general permits is
September 14, 2010.
The NPDES permit number and the
area covered by that general permit are
listed below by State:
Colorado: COG589### This permit
covers the Southern Ute Reservation
and the Ute Mountain Reservation,
including those portions of the Ute
Mountain Reservation located in New
Mexico and Utah; any land within the
State of Colorado held in trust by the
United States for an Indian Tribe; and
any other areas within the State of
Colorado which are Indian country
within the meaning of 18 U.S.C. 1151.
Montana: MTG589### This permit
covers the Blackfeet Indian Reservation
of Montana; the Crow Indian
SUMMARY:
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53299
Reservation; the Flathead Reservation;
the Fort Belknap Reservation of
Montana; the Fort Peck Indian
Reservation; the Northern Cheyenne
Indian Reservation; the Rocky Boy’s
Reservation; any land within the State
of Montana held in trust by the United
States for an Indian Tribe; and any other
areas within the State of Montana which
are Indian country within the meaning
of 18 U.S.C. 1151.
North Dakota: NDG589### This
permit covers the Fort Berthold
Reservation; the Spirit Lake Indian
Reservation; the Standing Rock Sioux
Reservation; the Turtle Mountain
Reservation; any land within the State
of North Dakota held in trust by the
United States for an Indian Tribe; and
any other areas within the State of North
Dakota which are Indian country within
the meaning of 18 U.S.C. 1151.
This permit includes that portion of
the Standing Rock Sioux Reservation
and associated Indian country located
within the State of South Dakota. It does
not include any land held in trust by the
United States for the Sisseton-Wahpeton
Oyate of the Lake Traverse Reservation
or any other Indian country associated
with that Tribe, which is covered under
general permit SDG589###.
South Dakota: SDG589### This
permit covers the Cheyenne River
Reservation; Crow Creek Reservation;
the Flandreau Santee Sioux Indian
Reservation; the Lower Brule
Reservation; the Pine Ridge Reservation
(including the entire Reservation, which
is located in both South Dakota and
Nebraska); the Rosebud Indian
Reservation; the Yankton Sioux
Reservation; any land within the State
of South Dakota held in trust by the
United States for an Indian Tribe; and
any other areas within the State of
South Dakota which are Indian country
within the meaning of 18 U.S.C. 1151.
This permit includes any land in the
State of North Dakota that is held in
trust by the United States for the
Sisseton-Wahpeton Oyate of the Lake
Traverse Reservation or any other
Indian country associated with that
Tribe. It does not include the Standing
Rock Sioux Reservation or any
associated Indian country, which is
covered under general permit
NDG589###.
Utah: UTG589### This permit covers
the Northwestern Band of Shoshoni
Nation of Utah Reservation (Washakie);
the Paiute Indian Tribe of Utah
Reservation; the Skull Valley Indian
Reservation; Indian country lands
within the Uintah and Ouray Indian
Reservation; any land within the State
of Utah held in trust by the United
States for an Indian Tribe; and any other
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areas within the State of Utah which are
Indian country within the meaning of 18
U.S.C. 1151, except as provided in the
following paragraph.
It does not include any portions of the
Navajo Nation, the Goshute Reservation,
the Ute Mountain reservation in Utah,
or any land held in trust by the United
States for an Indian Tribe that is
associated with those Reservations, or
any other areas which are Indian
country within the meaning of 18 U.S.C.
1151 that are associated with those
Reservations.
Wyoming: WYG589### This permit
covers the Wind River Reservation; any
land within the State of Wyoming held
in trust by the United States for an
Indian Tribe; and any other areas within
the State of Wyoming which are Indian
country within the meaning of 18 U.S.C.
1151.
DATES: The general permits become
effective on September 14, 2010 and
will expire five years from that date. For
appeal purposes, the 120 day time
period for appeal to the U.S. Federal
Courts will begin September 14, 2010.
ADDRESSES: The administrative record is
available by appointment for review and
copying at the EPA Region 8 offices
during the hours of 10 a.m. to 4 p.m.
Monday through Friday, Federal
holidays excluded. To make an
appointment to look at or copy the
documents call Donna Roberts at 303–
312–6371 or Colleen Gillespie at 303–
312–6133. The Region 8 offices are
located at 1595 Wynkoop Street,
Denver, CO 80202–1129. A reasonable
fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
final permits may be obtained from
Colleen Gillespie, EPA Region 8,
Wastewater Unit (8P–W–WW), 1595
Wynkoop Street, Denver, CO 80202–
1129, telephone 303–312–6133 or e-mail
at gillespie.colleen@epa.gov. The final
general permits, the fact sheet, Response
to Comments, and additional
information may be downloaded from
the EPA Region 8 Web page at https://
www.epa.gov/region8/water/
wastewater/download. Please allow one
week after date of this publication for
items to be uploaded to the Web page.
Copies of a specific general permit, the
fact sheet, and/or Response to
Comments may also be obtained by
writing Donna Roberts at the above
address or telephone 303–312–6371.
SUPPLEMENTARY INFORMATION: Proposed
reissuance of the general permits was
published in the Federal Register on
July 24, 2009, 74 FR 36705. The public
comment period closed on August 24,
2009. A summary of each comment
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received and Region 8’s response to the
comments are given in a separate
document, ‘‘Response to Comments
Received During the 2009 Public Notice
of Draft NPDES General Permits for
Wastewater Lagoon Systems Located in
Colorado, Montana, North Dakota,
South Dakota, Utah and Wyoming.
The use of wastewater lagoon systems
is the most common method of treating
municipal wastewater in Indian country
in Region 8. Wastewater lagoon systems
are also used to treat domestic
wastewater from isolated housing
developments, schools, camps,
missions, and similar sources of
domestic wastewater that are not
connected to a municipal sanitary sewer
system and do not use septic tank
systems. Region 8 wants to continue
using general permits instead of
individual permits for permitting the
discharges from such facilities in order
to reduce the Region’s administrative
burden of issuing separate individual
permits. The administrative burden for
the regulated sources is expected to be
about the same under the general
permits as with individual permits, but
it will be much quicker to obtain permit
coverage with general permits than with
individual permits. The discharge
requirements would essentially be the
same with an individual permit or
under the general permit.
Coverage under the general permits
will be limited to those wastewater
lagoon systems that meet the following
criteria:
1. The wastewater lagoon system is
located in Indian country in EPA Region
8;
2. The wastewater lagoon system
treats primarily domestic wastewater;
and
3. The wastewater lagoon system is:
a. A facility listed in Appendix A of
the fact sheet; or
b. A facility not listed in Appendix A
that meets the requirements specified in
Part 5 of the general permit for complete
retention wastewater lagoon systems.
If facilities that do not meet the criteria
above seek coverage under this general
permit, EPA will notify the facility that
it must apply for an individual permit.
The eligibility criteria above are more
restrictive than those in the draft general
permit that was publicly noticed on July
24, 2009.
Lagoon systems covered under the
general permit will include the
following three categories: (1) Lagoons
where no prior notification is required
before starting to discharge; (2) lagoons
where prior notification is required
before starting to discharge; and (3)
lagoons that are required to have no
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discharge. The effluent limitations for
lagoons coming under categories 1 and
2 are based on the Federal Secondary
Treatment Regulation (40 CFR Part 133)
and best professional judgement (BPJ).
There are provisions in the general
permits for adjusting the effluent
limitations on total suspended solids
(TSS) and pH in accordance with the
provisions of the Secondary Treatment
Regulation. If more stringent and/or
additional effluent limitations are
necessary to comply with applicable
water quality standards, those
limitations may be imposed by written
notification to the permittee. Lagoon
systems under category 3 are required to
have no discharge except in accordance
with the bypass provisions of the
permit. Self-monitoring requirements
and routine inspection requirements are
included in the permits. The permits do
not authorize the discharge of
wastewater from land application sites,
but they do require that the land
application of wastewater from the
lagoon systems be done in accordance
with a written operational plan for the
land application of the wastewater. The
objectives of the operational plan are to
minimize the potential for the discharge
of wastewater from the land application
site and to avoid applying excessive
amounts of nitrogen to the land
application site.
With the exception of the Flathead
Reservation, the Fort Peck Indian
Reservation, the Northern Cheyenne
Indian Reservation, and the Ute
Mountain Reservation, where the Tribes
have Clean Water Act section 401(a)(1)
certification authority, EPA will certify
that the permits comply with the
applicable provisions of the Clean Water
Act as long as the permittees comply
with all permit conditions.
Certifications were received for the
Flathead Reservation and the Northern
Cheyenne Indian Reservation. No
responses were received for the requests
for certification for the Fort Peck Indian
Reservation and the Ute Mountain
Reservation and the 60-day response
period has expired. Therefore EPA
considers certification as being waived
for those reservations in accordance
with the provisions of 40 CFR
124.53(c)(3).
Other Legal Requirements
Economic Impact (Executive Order
12866): EPA has determined that the
issuance of this general permit is not a
‘‘significant regulatory action’’ under the
terms of Executive Order 12866 (58 FR
51735 (October 4, 1993)) and is
therefore not subject to formal OMB
review prior to proposal.
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Paperwork Reduction Act: EPA has
reviewed the requirements imposed on
regulated facilities in these proposed
general permits under the Paperwork
Reduction Act of 1980, 44 U.S.C. 501, et
seq. The information collection
requirements of these permits have
already been approved by the Office of
Management and Budget in submissions
made for the NPDES permit program
under the provisions of the Clean Water
Act.
Regulatory Flexibility Act (RFA), 5
U.S.C 601, et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA): The RFA
requires that EPA prepare a regulatory
flexibility analysis for rules subject to
the requirements of 5 U.S.C. 553(b) that
have a significant impact on a
substantial number of small entities.
The permit proposed today, however, is
not a ‘‘rule’’ subject to the requirements
of 5 U.S.C. 553(b) and is therefore not
subject to the RFA.
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 RFA) on Tribal,
State, local governments and the private
sector. The permit proposed today,
however, is not a ‘‘rule’’ subject to the
RFA and is therefore not subject to the
requirements of the UMRA.
Authority: Clean Water Act, 33 U.S.C.
1251, et seq.
Dated: August 24, 2010.
Stephen S. Tuber,
Assistant Regional Administrator, Office of
Partnerships and Regulatory Assistance.
[FR Doc. 2010–21675 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9195–6]
Proposed Cercla Administrative Order
on Consent for the Standard Mine Site,
Gunnison County, CO
Environmental Protection
Agency (EPA).
ACTION: Notice and request for public
comment.
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY:
In accordance with the
requirements of section 122(i) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act, as amended (‘‘CERCLA’’), 42 U.S.C.
9622(I), notice is hereby given of a
proposed Administrative Order on
Consent (‘‘AOC’’) under sections 104,
SUMMARY:
VerDate Mar<15>2010
16:33 Aug 30, 2010
Jkt 220001
106, 107, and 122 of CERCLA, 42 U.S.C.
9604, 9606, 9607, and 9622, between
EPA and Elijah Valencia regarding the
Standard Mine Site, located in
Gunnison County, Colorado. The
proposed AOC is for recovery of past
and projected future response costs
concerning the Standard Mine site in
Gunnison County, Colorado with Elijah
Valencia based upon ability to pay. The
settlement requires the settling party to
execute an environmental covenant and
provide access to real property. The
settlement includes a covenant not to
sue the settling party pursuant to
Section 107(a) of CERCLA, 42 U.S.C.
9607(a). For thirty (30) days following
the date of publication of this notice, the
Agency will consider all comments
received on the AOC and may modify or
withdraw its consent to the AOC, if
comments received disclose facts or
considerations which indicate that the
settlement is inappropriate, improper,
or inadequate. The Agency’s response to
any comments received will be available
for public inspection at the EPA
Superfund Record Center, 1595
Wynkoop Street, 2nd Floor, in Denver,
Colorado.
Comments must be submitted on
or before September 30, 2010.
DATES:
The proposed settlement
and additional background information
relating to the settlement are available
for public inspection at the EPA
Superfund Records Center, 1595
Wynkoop Street, 2nd Floor, in Denver,
Colorado 80202. Comments and
requests for a copy of the proposed
settlement should be addressed to John
D. Works, Enforcement Specialist
(8ENF–RC), Technical Enforcement
Program, U.S. Environmental Protection
Agency, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, and should
reference the Standard Mine Site/
Valencia settlement.
ADDRESSES:
John
D. Works, Enforcement Specialist
(8ENF–RC), Technical Enforcement
Program, U.S. Environmental Protection
Agency, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6196.
It is so agreed.
FOR FURTHER INFORMATION CONTACT:
Dated: August 25, 2010.
Sharon L. Kercher,
Acting Assistant Regional Administrator,
Office of Enforcement, Compliance and
Environmental Justice, U.S. Environmental
Protection Agency, Region 8.
[FR Doc. 2010–21718 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
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53301
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9195–1]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Town of
Sturbridge, MA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
waiver of the Buy America requirements
of ARRA Section 1605 under the
authority of Section 1605(b)(2)
[manufactured goods are not produced
in the United States in sufficient and
reasonably available quantities and of a
satisfactory quality] to the Town of
Sturbridge, Massachusetts (‘‘Town’’) for
the purchase of a foreign manufactured
submersible mixer to be installed in a
new septage storage tank as part of a
proposed wastewater treatment plant
upgrade. This is a project specific
waiver and only applies to the use of the
specified product for the ARRA project
being proposed. Any other ARRA
recipient that wishes to use the same
product must apply for a separate
waiver based on project specific
circumstances. Based upon information
submitted by Sturbridge and its
consulting engineer, it has been
determined that there are currently no
domestic manufactured submersible
mixers available to meet its proposed
technical project specifications. The
Regional Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception to
Section 1605 of ARRA. This action
permits the purchase of a foreign
manufactured submersible mixer by the
Town of Sturbridge, Massachusetts, as
specified in its May 25, 2010 request.
DATES: Effective Date: August 19, 2010.
FOR FURTHER INFORMATION CONTACT:
David Chin, Environmental Engineer,
(617) 918–1764, or Katie Connors,
Environmental Engineer, (617) 918–
1658, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section
1605(b)(2) and 1605(c), the EPA hereby
provides notice that it is granting a
project waiver of the requirements of
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53299-53301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21675]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9195-3]
Issuance of NPDES General Permits for Wastewater Lagoon Systems
Located in Indian Country in Colorado, Montana, North Dakota, South
Dakota, Utah and Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of issuance of NPDES general permits.
-----------------------------------------------------------------------
SUMMARY: EPA Region 8 is hereby giving notice of its reissuance of five
National Pollutant Discharge Elimination System (NPDES) general permits
for wastewater lagoon systems that are located in Indian country in the
States of Montana, North Dakota, South Dakota, Utah and Wyoming and the
issuance of the NPDES general permit for wastewater lagoon systems that
are located in Indian country in the State of Colorado and that are
treating primarily domestic wastewater. The general permits are grouped
geographically by State, with the permit coverage being for specified
Indian reservations in the State; any land held in trust by the United
States for an Indian Tribe; and any other areas which are Indian
country within the meaning of 18 U.S.C. 1151. The permits for the
States of MT, ND, SD, UT, and WY are being reissued and replace permits
that were issued in 2004. Those permits expired August 16, 2009, and
have been administratively extended. The permit for the State of
Colorado is being issued for the first time. The effective date of
these general permits is September 14, 2010.
The NPDES permit number and the area covered by that general permit
are listed below by State:
Colorado: COG589 This permit covers the
Southern Ute Reservation and the Ute Mountain Reservation, including
those portions of the Ute Mountain Reservation located in New Mexico
and Utah; any land within the State of Colorado held in trust by the
United States for an Indian Tribe; and any other areas within the State
of Colorado which are Indian country within the meaning of 18 U.S.C.
1151.
Montana: MTG589 This permit covers the
Blackfeet Indian Reservation of Montana; the Crow Indian Reservation;
the Flathead Reservation; the Fort Belknap Reservation of Montana; the
Fort Peck Indian Reservation; the Northern Cheyenne Indian Reservation;
the Rocky Boy's Reservation; any land within the State of Montana held
in trust by the United States for an Indian Tribe; and any other areas
within the State of Montana which are Indian country within the meaning
of 18 U.S.C. 1151.
North Dakota: NDG589 This permit covers
the Fort Berthold Reservation; the Spirit Lake Indian Reservation; the
Standing Rock Sioux Reservation; the Turtle Mountain Reservation; any
land within the State of North Dakota held in trust by the United
States for an Indian Tribe; and any other areas within the State of
North Dakota which are Indian country within the meaning of 18 U.S.C.
1151.
This permit includes that portion of the Standing Rock Sioux
Reservation and associated Indian country located within the State of
South Dakota. It does not include any land held in trust by the United
States for the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation
or any other Indian country associated with that Tribe, which is
covered under general permit SDG589.
South Dakota: SDG589 This permit covers
the Cheyenne River Reservation; Crow Creek Reservation; the Flandreau
Santee Sioux Indian Reservation; the Lower Brule Reservation; the Pine
Ridge Reservation (including the entire Reservation, which is located
in both South Dakota and Nebraska); the Rosebud Indian Reservation; the
Yankton Sioux Reservation; any land within the State of South Dakota
held in trust by the United States for an Indian Tribe; and any other
areas within the State of South Dakota which are Indian country within
the meaning of 18 U.S.C. 1151.
This permit includes any land in the State of North Dakota that is
held in trust by the United States for the Sisseton-Wahpeton Oyate of
the Lake Traverse Reservation or any other Indian country associated
with that Tribe. It does not include the Standing Rock Sioux
Reservation or any associated Indian country, which is covered under
general permit NDG589.
Utah: UTG589 This permit covers the
Northwestern Band of Shoshoni Nation of Utah Reservation (Washakie);
the Paiute Indian Tribe of Utah Reservation; the Skull Valley Indian
Reservation; Indian country lands within the Uintah and Ouray Indian
Reservation; any land within the State of Utah held in trust by the
United States for an Indian Tribe; and any other
[[Page 53300]]
areas within the State of Utah which are Indian country within the
meaning of 18 U.S.C. 1151, except as provided in the following
paragraph.
It does not include any portions of the Navajo Nation, the Goshute
Reservation, the Ute Mountain reservation in Utah, or any land held in
trust by the United States for an Indian Tribe that is associated with
those Reservations, or any other areas which are Indian country within
the meaning of 18 U.S.C. 1151 that are associated with those
Reservations.
Wyoming: WYG589 This permit covers the
Wind River Reservation; any land within the State of Wyoming held in
trust by the United States for an Indian Tribe; and any other areas
within the State of Wyoming which are Indian country within the meaning
of 18 U.S.C. 1151.
DATES: The general permits become effective on September 14, 2010 and
will expire five years from that date. For appeal purposes, the 120 day
time period for appeal to the U.S. Federal Courts will begin September
14, 2010.
ADDRESSES: The administrative record is available by appointment for
review and copying at the EPA Region 8 offices during the hours of 10
a.m. to 4 p.m. Monday through Friday, Federal holidays excluded. To
make an appointment to look at or copy the documents call Donna Roberts
at 303-312-6371 or Colleen Gillespie at 303-312-6133. The Region 8
offices are located at 1595 Wynkoop Street, Denver, CO 80202-1129. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
final permits may be obtained from Colleen Gillespie, EPA Region 8,
Wastewater Unit (8P-W-WW), 1595 Wynkoop Street, Denver, CO 80202-1129,
telephone 303-312-6133 or e-mail at gillespie.colleen@epa.gov. The
final general permits, the fact sheet, Response to Comments, and
additional information may be downloaded from the EPA Region 8 Web page
at https://www.epa.gov/region8/water/wastewater/download. Please allow
one week after date of this publication for items to be uploaded to the
Web page. Copies of a specific general permit, the fact sheet, and/or
Response to Comments may also be obtained by writing Donna Roberts at
the above address or telephone 303-312-6371.
SUPPLEMENTARY INFORMATION: Proposed reissuance of the general permits
was published in the Federal Register on July 24, 2009, 74 FR 36705.
The public comment period closed on August 24, 2009. A summary of each
comment received and Region 8's response to the comments are given in a
separate document, ``Response to Comments Received During the 2009
Public Notice of Draft NPDES General Permits for Wastewater Lagoon
Systems Located in Colorado, Montana, North Dakota, South Dakota, Utah
and Wyoming.
The use of wastewater lagoon systems is the most common method of
treating municipal wastewater in Indian country in Region 8. Wastewater
lagoon systems are also used to treat domestic wastewater from isolated
housing developments, schools, camps, missions, and similar sources of
domestic wastewater that are not connected to a municipal sanitary
sewer system and do not use septic tank systems. Region 8 wants to
continue using general permits instead of individual permits for
permitting the discharges from such facilities in order to reduce the
Region's administrative burden of issuing separate individual permits.
The administrative burden for the regulated sources is expected to be
about the same under the general permits as with individual permits,
but it will be much quicker to obtain permit coverage with general
permits than with individual permits. The discharge requirements would
essentially be the same with an individual permit or under the general
permit.
Coverage under the general permits will be limited to those
wastewater lagoon systems that meet the following criteria:
1. The wastewater lagoon system is located in Indian country in EPA
Region 8;
2. The wastewater lagoon system treats primarily domestic
wastewater; and
3. The wastewater lagoon system is:
a. A facility listed in Appendix A of the fact sheet; or
b. A facility not listed in Appendix A that meets the requirements
specified in Part 5 of the general permit for complete retention
wastewater lagoon systems.
If facilities that do not meet the criteria above seek coverage under
this general permit, EPA will notify the facility that it must apply
for an individual permit. The eligibility criteria above are more
restrictive than those in the draft general permit that was publicly
noticed on July 24, 2009.
Lagoon systems covered under the general permit will include the
following three categories: (1) Lagoons where no prior notification is
required before starting to discharge; (2) lagoons where prior
notification is required before starting to discharge; and (3) lagoons
that are required to have no discharge. The effluent limitations for
lagoons coming under categories 1 and 2 are based on the Federal
Secondary Treatment Regulation (40 CFR Part 133) and best professional
judgement (BPJ). There are provisions in the general permits for
adjusting the effluent limitations on total suspended solids (TSS) and
pH in accordance with the provisions of the Secondary Treatment
Regulation. If more stringent and/or additional effluent limitations
are necessary to comply with applicable water quality standards, those
limitations may be imposed by written notification to the permittee.
Lagoon systems under category 3 are required to have no discharge
except in accordance with the bypass provisions of the permit. Self-
monitoring requirements and routine inspection requirements are
included in the permits. The permits do not authorize the discharge of
wastewater from land application sites, but they do require that the
land application of wastewater from the lagoon systems be done in
accordance with a written operational plan for the land application of
the wastewater. The objectives of the operational plan are to minimize
the potential for the discharge of wastewater from the land application
site and to avoid applying excessive amounts of nitrogen to the land
application site.
With the exception of the Flathead Reservation, the Fort Peck
Indian Reservation, the Northern Cheyenne Indian Reservation, and the
Ute Mountain Reservation, where the Tribes have Clean Water Act section
401(a)(1) certification authority, EPA will certify that the permits
comply with the applicable provisions of the Clean Water Act as long as
the permittees comply with all permit conditions. Certifications were
received for the Flathead Reservation and the Northern Cheyenne Indian
Reservation. No responses were received for the requests for
certification for the Fort Peck Indian Reservation and the Ute Mountain
Reservation and the 60-day response period has expired. Therefore EPA
considers certification as being waived for those reservations in
accordance with the provisions of 40 CFR 124.53(c)(3).
Other Legal Requirements
Economic Impact (Executive Order 12866): EPA has determined that
the issuance of this general permit is not a ``significant regulatory
action'' under the terms of Executive Order 12866 (58 FR 51735 (October
4, 1993)) and is therefore not subject to formal OMB review prior to
proposal.
[[Page 53301]]
Paperwork Reduction Act: EPA has reviewed the requirements imposed
on regulated facilities in these proposed general permits under the
Paperwork Reduction Act of 1980, 44 U.S.C. 501, et seq. The information
collection requirements of these permits have already been approved by
the Office of Management and Budget in submissions made for the NPDES
permit program under the provisions of the Clean Water Act.
Regulatory Flexibility Act (RFA), 5 U.S.C 601, et seq., as amended
by the Small Business Regulatory Enforcement Fairness Act (SBREFA): The
RFA requires that EPA prepare a regulatory flexibility analysis for
rules subject to the requirements of 5 U.S.C. 553(b) that have a
significant impact on a substantial number of small entities. The
permit proposed today, however, is not a ``rule'' subject to the
requirements of 5 U.S.C. 553(b) and is therefore not subject to the
RFA.
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 RFA) on Tribal, State, local
governments and the private sector. The permit proposed today, however,
is not a ``rule'' subject to the RFA and is therefore not subject to
the requirements of the UMRA.
Authority: Clean Water Act, 33 U.S.C. 1251, et seq.
Dated: August 24, 2010.
Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance.
[FR Doc. 2010-21675 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P
