Reissuance of NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in Idaho, 21098-21099 [2012-8495]

Download as PDF 21098 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices ENVIRONMENTAL PROTECTION AGENCY www.epa.gov/envirofinance/ efabmtg.html. FOR FURTHER INFORMATION CONTACT: [FRL–9656–6] Dated: March 30, 2012. Joseph L. Dillon, Director, Center for Environmental Finance. SUPPLEMENTARY INFORMATION: Notice of Meeting of the Environmental Financial Advisory Board (EFAB), and Transit-Oriented Development Workshop Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: pmangrum on DSK3VPTVN1PROD with NOTICES VerDate Mar<15>2010 15:11 Apr 06, 2012 Jkt 226001 [FR Doc. 2012–8503 Filed 4–6–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9656–7] The United States Environmental Protection Agency’s (EPA) Environmental Financial Advisory Board (EFAB) will hold a meeting on May 22–23, 2012 and a Transit-Oriented Development Workshop on May 24, 2012. EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities. The purpose of the meeting is to hear from informed speakers on environmental finance issues, proposed legislation, Agency priorities and to discuss progress with work projects under EFAB’s current Strategic Action Agenda. Environmental Finance topics expected to be discussed include: clean air technology; tribal environmental programs; transit-oriented development; energy efficiency; green infrastructure; and drinking water pricing. The meeting is open to the public, however, seating is limited. All members of the public who wish to attend the meeting should register in advance, no later than Monday, May 14, 2012. DATES: Tuesday, May 22, 2012 from 1 p.m.–5 p.m., Wednesday, May 23, 2012 from 8:30 a.m.–5 p.m., and Thursday, May 24, 2012 from 9 a.m.–5 p.m. ADDRESSES: The Westin Alexandria, 400 Courthouse Square, Alexandria, VA 22314. Registration and Information Contact: For information on access or services for individuals with disabilities, or to request accommodations for a disability, please contact Sandra Williams, U.S. EPA, at (202) 564–4999 or williams.sandra@epa.gov, at least 10 days prior to the meeting, to allow as much time as possible to process your request. Members of the public who would like to attend the meeting please register on or before May 14, 2012 at: SUMMARY: Nicholas Peak at (208) 378–5765. Reissuance of NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in Idaho Environmental Protection Agency (EPA). ACTION: Notice of availability of final NPDES general permit. AGENCY: The Director, Office of Water and Watersheds, EPA Region 10, is publishing notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permit (IDG010000), authorizing discharges from CAFOs in Idaho including CAFOs in Indian Country. Unless excluded from coverage in the general permit, owners/operators of animal feeding operations that are defined as CAFOs, or designated as CAFOs by the permitting authority, are eligible for coverage under the general permit. DATES: The NPDES general permit shall become effective May 9, 2012. Facilities must submit a new updated Notice of Intent (NOI) to discharge within 90 days of the effective date of this permit. Facilities that have administratively extended coverage under the previous general permit will continue to have coverage under the previous permit for 90 days after the effective date of this general permit or until obtaining coverage under the new general permit for those discharges. The CAFO’s authorization is only for discharges that occur after permit coverage is granted. ADDRESSES: The general permit, Fact Sheet and Response to Comments may be found on the Region 10 Web site at: https://www.epa.gov/region10/water/ npdes/generalpermits.html. Copies of the general permit and Response to Comments are available upon request. Written requests for copies of the documents may be submitted to EPA, Region 10, 1200 Sixth Avenue, Suite 900, OWW–130, Seattle, WA 98101. Electronic requests may be sent to: washington.audrey@epa.gov or peak.nicholas@epa.gov. Requests by telephone may be made to Audrey Washington at (206) 553–0523. SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Additional Background On May 27, 2002, the previous NPDES general permit expired and was administratively extended. Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, the EPA proposed to reissue the general permit and solicited comments on the draft general permit in the Federal Register on November 16, 2009. The comment period ended on January 19, 2010. Public meetings were held in Pocatello, Jerome, and Nampa, Idaho on December 8th, 9th and 10th, 2009, respectively. Changes have been made from the draft permit to the final permit in response to comments received from: Canyon County Alliance for Responsible Growth, Idaho Concerned Area Residents for the Environment, Idaho Cattle Association, Idaho Conservation League, Idaho Dairyman’s Association, Jean Public, Jerome County Planning and Zoning, J.R. Simplot Company, Natural Resources Conservation Service—Boise Idaho State of Idaho—Department of Agriculture, and Whatcom Conservation District. State Certification Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on February 1, 2012, the Idaho Department of Environmental Quality (IDEQ) certified that the conditions of the general permit comply with the Idaho State Water Quality Standards, including the State’s antidegradation policy. Endangered Species Act (ESA) EPA completed a Biological Evaluation for the general permit and engaged in informal Section 7 consultation with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). EPA received concurrence in October 2011 from both agencies on EPA’s determination that the permit is not likely to adversely affect threatened or endangered species and the associated critical habitat. The permit provides coverage only if the CAFO’s discharge will not adversely affect species that are federally listed as endangered or threatened under ESA and will not result in the adverse modification or destruction of habitat that is designated as critical habitat under ESA. Executive Order 12866 EPA has determined that this general permit is not a ‘‘significant regulatory action’’ under the terms of Executive E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices Order 12866 and is therefore not subject to Office of Management and Budget (OMB) review. Paperwork Reduction Act The information collection requirements of this general permit were previously approved by the OMB under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 2040–0086 (NPDES permit application) and 2040–0004 (discharge monitoring reports). The Regulatory Flexibility Act (RFA) 5 U.S.C. 601 et seq., 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. However, general NPDES permits are not ‘‘rules’’ subject to the requirements of 5 U.S.C. 553(b), and are 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, and local governments and the private sector. However, the general permit issued today is not a ‘‘rule’’ subject to the RFA, and is therefore not subject to the UMRA. Appeal of Permit pmangrum on DSK3VPTVN1PROD with NOTICES Any interested person may appeal the general permit in the Federal Court of Appeals in accordance with section 509(b)(1) of the Clean Water Act, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 days of the permit effective date. Persons affected by the permit may not challenge the conditions of the permit in further EPA proceedings (see 40 CFR 124.19). Instead, they may either challenge the permit in court or apply for an individual NPDES permit. Dated: March 29, 2012. Michael A. Bussell, Director, Office of Water and Watersheds, Region 10, U.S. Environmental Protection Agency. [FR Doc. 2012–8495 Filed 4–6–12; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 15:11 Apr 06, 2012 Jkt 226001 ENVIRONMENTAL PROTECTION AGENCY [FRL–9656–8] Public Water System Supervision Program Approval for the State of Ohio Environmental Protection Agency (EPA). ACTION: Notice of tentative approval. AGENCY: Notice is hereby given that the EPA has tentatively approved three revisions to the State of Ohio’s public water system supervision program. Ohio EPA has revised several of its rules to comply with the National Primary Drinking Water Regulations, including the Administrative Penalty Authority (APA), the Radionuclides Rule, and the Lead and Copper Rule Minor Revisions (LCRMR). EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these revisions to the State of Ohio’s public water system supervision program, thereby giving Ohio EPA primary enforcement responsibility for these regulations. Ohio EPA has been administering the APA since October 1, 1999, with amendments effective on October 17, 2003. Ohio EPA’s revised radionuclide requirements became effective on September 15, 2004, and Ohio EPA adopted the LCRMR into its lead and copper rules on July 24, 2009. DATES: Any interested party may request a public hearing. A request for a public hearing must be submitted by May 9, 2012, to the Regional Administrator at the EPA Region 5 address shown below. The Regional Administrator may deny frivolous or insubstantial requests for a hearing. However, if a substantial request for a public hearing is made by May 9, 2012, EPA Region 5 will hold a public hearing, and a notice of such hearing will be given in the Federal Register and a newspaper of a general circulation. If EPA Region 5 does not receive a timely and appropriate request for a hearing and the Regional Administrator does not elect to hold a hearing on her own motion, this determination shall become final and effective on May 9, 2012. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person’s interest in the Regional Administrator’s determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 21099 request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. ADDRESSES: All documents relating to this determination are available for inspection at the following offices: Ohio Environmental Protection Agency, Division of Drinking and Ground Waters, 50 West Town Street, Suite 700, Columbus, Ohio 43215, between the hours of 8 a.m. and 5 p.m., Monday through Friday, and the United States Environmental Protection Agency, Region 5, Ground Water and Drinking Water Branch (WG–15J), 77 West Jackson Boulevard, Chicago, Illinois 60604, between the hours of 9 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Wendy Drake, EPA Region 5, Ground Water and Drinking Water Branch, at the address given above, by telephone at (312) 886–6705, or at drake.wendy@epa.gov. Authority: Section 1413 of the Safe Drinking Water Act, 42 U.S.C. 300g–2, and the federal regulations implementing Section 1413 of the Act set forth at 40 CFR part 142. Dated: March 27, 2012. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2012–8504 Filed 4–6–12; 8:45 am] BILLING CODE 6560–50–P FARM CREDIT ADMINISTRATION Farm Credit Administration Board; Sunshine Act; Regular Meeting AGENCY: Farm Credit Administration. SUMMARY: Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). DATE AND TIME: The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on April 12, 2012, from 9 a.m. until such time as the Board concludes its business. FOR FURTHER INFORMATION CONTACT: Dale L. Aultman, Secretary to the Farm Credit Administration Board, (703) 883– 4009, TTY (703) 883–4056. Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102–5090. SUPPLEMENTARY INFORMATION: Parts of this meeting of the Board will be open to the public (limited space available) and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in ADDRESSES: E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21098-21099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8495]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9656-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

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

SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing notice of availability of the final National Pollutant 
Discharge Elimination System (NPDES) general permit (IDG010000), 
authorizing discharges from CAFOs in Idaho including CAFOs in Indian 
Country. Unless excluded from coverage in the general permit, owners/
operators of animal feeding operations that are defined as CAFOs, or 
designated as CAFOs by the permitting authority, are eligible for 
coverage under the general permit.

DATES: The NPDES general permit shall become effective May 9, 2012. 
Facilities must submit a new updated Notice of Intent (NOI) to 
discharge within 90 days of the effective date of this permit. 
Facilities that have administratively extended coverage under the 
previous general permit will continue to have coverage under the 
previous permit for 90 days after the effective date of this general 
permit or until obtaining coverage under the new general permit for 
those discharges. The CAFO's authorization is only for discharges that 
occur after permit coverage is granted.

ADDRESSES: The general permit, Fact Sheet and Response to Comments may 
be found on the Region 10 Web site at: https://www.epa.gov/region10/water/npdes/generalpermits.html. Copies of the general permit and 
Response to Comments are available upon request. Written requests for 
copies of the documents may be submitted to EPA, Region 10, 1200 Sixth 
Avenue, Suite 900, OWW-130, Seattle, WA 98101. Electronic requests may 
be sent to: washington.audrey@epa.gov or peak.nicholas@epa.gov. 
Requests by telephone may be made to Audrey Washington at (206) 553-
0523.

FOR FURTHER INFORMATION CONTACT: Nicholas Peak at (208) 378-5765.

SUPPLEMENTARY INFORMATION: 

Additional Background

    On May 27, 2002, the previous NPDES general permit expired and was 
administratively extended. Pursuant to section 402 of the Clean Water 
Act, 33 U.S.C. 1342, the EPA proposed to reissue the general permit and 
solicited comments on the draft general permit in the Federal Register 
on November 16, 2009. The comment period ended on January 19, 2010. 
Public meetings were held in Pocatello, Jerome, and Nampa, Idaho on 
December 8th, 9th and 10th, 2009, respectively. Changes have been made 
from the draft permit to the final permit in response to comments 
received from: Canyon County Alliance for Responsible Growth, Idaho 
Concerned Area Residents for the Environment, Idaho Cattle Association, 
Idaho Conservation League, Idaho Dairyman's Association, Jean Public, 
Jerome County Planning and Zoning, J.R. Simplot Company, Natural 
Resources Conservation Service--Boise Idaho State of Idaho--Department 
of Agriculture, and Whatcom Conservation District.

State Certification

    Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on 
February 1, 2012, the Idaho Department of Environmental Quality (IDEQ) 
certified that the conditions of the general permit comply with the 
Idaho State Water Quality Standards, including the State's 
antidegradation policy.

Endangered Species Act (ESA)

    EPA completed a Biological Evaluation for the general permit and 
engaged in informal Section 7 consultation with the U.S. Fish and 
Wildlife Service (USFWS) and the National Marine Fisheries Service 
(NMFS). EPA received concurrence in October 2011 from both agencies on 
EPA's determination that the permit is not likely to adversely affect 
threatened or endangered species and the associated critical habitat. 
The permit provides coverage only if the CAFO's discharge will not 
adversely affect species that are federally listed as endangered or 
threatened under ESA and will not result in the adverse modification or 
destruction of habitat that is designated as critical habitat under 
ESA.

Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive

[[Page 21099]]

Order 12866 and is therefore not subject to Office of Management and 
Budget (OMB) review.

Paperwork Reduction Act

    The information collection requirements of this general permit were 
previously approved by the OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).

The Regulatory Flexibility Act (RFA)

    5 U.S.C. 601 et seq., 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. However, general NPDES permits are not ``rules'' subject to 
the requirements of 5 U.S.C. 553(b), and are 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, and local governments and the 
private sector. However, the general permit issued today is not a 
``rule'' subject to the RFA, and is therefore not subject to the UMRA.

Appeal of Permit

    Any interested person may appeal the general permit in the Federal 
Court of Appeals in accordance with section 509(b)(1) of the Clean 
Water Act, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 
days of the permit effective date. Persons affected by the permit may 
not challenge the conditions of the permit in further EPA proceedings 
(see 40 CFR 124.19). Instead, they may either challenge the permit in 
court or apply for an individual NPDES permit.

    Dated: March 29, 2012.
Michael A. Bussell,
Director, Office of Water and Watersheds, Region 10, U.S. Environmental 
Protection Agency.
[FR Doc. 2012-8495 Filed 4-6-12; 8:45 am]
BILLING CODE 6560-50-P
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