Proposed Reissuance of NPDES General Permit for Groundwater Remediation Discharge Facilities in Idaho (Permit Number IDG911000), 18684-18686 [2014-07460]
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Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Dated: March 28, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014–07475 Filed 4–2–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER14–1596–000]
Dated: March 28, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
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Lone Valley Solar Park II LLC;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
[FR Doc. 2014–07476 Filed 4–2–14; 8:45 am]
BILLING CODE 6717–01–P
This is a supplemental notice in the
above-referenced proceeding of Lone
Valley Solar Park II LLC’s application
for market-based rate authority, with an
accompanying rate tariff, noting that
such application includes a request for
blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is April 17,
2014.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
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listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 5 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9909–06–Region 10]
Proposed Reissuance of NPDES
General Permit for Groundwater
Remediation Discharge Facilities in
Idaho (Permit Number IDG911000)
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed reissuance of
NPDES General Permit and request for
public comment.
AGENCY:
The Environmental Protection
Agency (EPA) Region 10 proposes to
reissue a National Pollutant Discharge
Elimination System (NPDES) General
Permit for Groundwater Remediation
Discharge Facilities in Idaho (GWGP).
As proposed, the GWGP authorizes the
discharge of groundwater from
remediation sites to Waters of the U.S.
within the State of Idaho from both
facilities with existing coverage and
new facilities interested in seeking
coverage. The draft GWGP contains
technology-based and water qualitybased effluent limitations for
conventional and toxic water quality
pollutants, along with administrative
reporting and monitoring requirements,
SUMMARY:
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as well as standard conditions,
prohibitions, and management
practices. A fact sheet is available that
explains the draft GWGP in detail.
Section 401 of the Clean Water Act,
33 U.S.C. 1341, requires EPA to seek a
certification from the State of Idaho that
the conditions of the GWGP are
stringent enough to comply with State
water quality standards. The Idaho
Department of Environmental Quality
(IDEQ) has provided a draft certification
that the draft GWGP complies with State
of Idaho Water Quality Standards
(IDAPA 58.01.02), including the State’s
antidegradation policy. EPA intends to
seek a final certification from IDEQ
prior to issuing the final GWGP. This is
also notice of the draft § 401
certification provided by IDEQ. Persons
wishing to comment on the draft State
certification should send written
comments to Ms. Miranda Adams; Idaho
Department of Environmental Quality,
State Office, Surface Water Program;
1410 North Hilton Street; Boise, Idaho
83706 or via email to Miranda.Adams@
deq.idaho.gov
DATES: The public comment period for
the draft GWGP will be from the date of
publication of this Notice until May 19,
2014. Comments must be received or
postmarked by no later than midnight
Pacific Standard Time on May 19, 2014.
All comments related to the draft GWGP
and Fact Sheet received by EPA Region
10 by the comment deadline will be
considered prior to issuing the final
GWGP.
Submitting Comments: You may
submit comments by any of the
following methods. All comments must
include the name, address, and
telephone number of the commenter.
Mail: Send paper comments to Ms. Jill
Nogi, Office of Water and Watersheds;
USEPA Region 10; 1200 6th Ave, Suite
900, OWW–130; Seattle, Washington
98101.
Email: Send electronic comments to
nogi.jill@epa.gov. Make sure to write
‘‘Comments on the Draft Idaho
Groundwater Remediation General
Permit’’ in the subject line.
Fax: Fax comments to the attention of
Jill Nogi at (206) 553–0165.
Hand Delivery/Courier: Deliver
comments to Jill Nogi, EPA Region 10,
Office of Water and Watersheds, Mail
Stop OWW–130, 1200 6th Avenue,
Suite 900, Seattle, WA 98101–3140. Call
(206) 553–0523 before delivery to verify
business hours.
Viewing and/or Obtaining Copies of
Documents. A copy of the draft GWGP
and the Fact Sheet, which explains the
proposal in detail, may be obtained by
contacting EPA at 1 (800) 424–4372.
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Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
Copies of the documents are also
available for viewing and downloading
at: https://yosemite.epa.gov/r10/
water.nsf/NPDES+Public+Notices/id_
gwgp_pn_2014. Requests may also be
made to Audrey Washington at (206)
553–0523 or washington.audrey@
epa.gov.
Public Informational Meeting: May 1,
2014; 11:00 a.m.—1:00 p.m.; in Boise,
Idaho; at the Banner Building, 950 W.
Bannock Street, 2nd Floor Conference
Room. Presentation on the Draft GWGP
from 11:00 a.m.–11:30 a.m., Q & A from
11:30 a.m.–12:30 p.m. Conference CallIn Number from 11:30 a.m.–12:30 p.m.;
1–866–299–3188; conference code
2065530775# . Open House from 12:30
p.m.–1:00 p.m.
Public Hearing: Persons wishing to
request a public hearing should submit
their written request by May 19, 2014
stating the nature of the issues to be
raised as well as the requester’s name,
address, and telephone number to Jill
Nogi at the address above. If a public
hearing is scheduled, notice will be
published in the Federal Register.
Notice will also be posted on the Region
10 Web site, and will be mailed to all
interested persons receiving letters of
the availability of the Draft GWGP.
FOR FURTHER INFORMATION CONTACT:
Additional information can be obtained
by contacting Jill Nogi, Office of Water
and Watersheds, U.S. Environmental
Protection Agency, Region 10. Contact
information included above in the
‘‘Submitting Comments’’ section.
SUPPLEMENTARY INFORMATION: The
currently expired Groundwater General
Permit NPDES General Permit, No.
IDG910000 (2007 Permit), was issued by
EPA on July 1, 2007. The 2007 Permit
expired on June 30, 2012. The 2007
Permit remains in effect for those
Permittees who obtained an
administrative extension of the
authorization to discharge before the
permit expired. The current draft GWGP
does not provide coverage for the
discharge from mining operations.
Those existing mining operations with
an EPA administrative extension of
coverage under the 2007 Permit may
continue to operate under the
limitations and conditions of the 2007
Permit until such time as a new permit
is issued for those facilities.
In addition, EPA proposes to make the
following major changes with the
reissued permit:
• Revised effluent limitations based
on:
1. Idaho’s newer (2006) WQS. (The
2007 GWGP used Idaho’s 2005 WQS.)
EPA calculated different water-quality
based effluent limits (WQBELs) for
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receiving waters designated as a
Domestic Water Supply (DWS) in
accordance with the State of Idaho
Surface Water Quality Standards at
IDAPA 58.01.02;
2. Minimum hardness values for
hardness-dependent metals of 25 mg/L
and 10 mg/L for cadmium; and,
3. Requiring average monthly and
maximum daily effluent limits for
continuous dischargers, and daily
maximum effluent limits for noncontinuous dischargers.
• A provision requiring a BMP Plan,
which is standard for industrial
permittees. The last GWGP required an
Operation & Maintenance (O&M) Plan.
Those requirements have now been
incorporated into the BMP Plan
provision;
• Requirements for more frequent
monitoring and an expanded list of
COCs to monitor;
• A requirement to use NetDMR,
which enables the electronic submission
of monitoring data and monthly
discharge monitoring reports to EPA
and IDEQ.
Other Legal Requirements
Endangered Species Act [16 U.S.C.
1531 et al.]. Section 7 of the Endangered
Species Act (ESA) requires Federal
agencies to consult with NOAA
Fisheries (NMFS) and the U.S. Fish and
Wildlife Service (USFWS) (the Services)
if their actions have the potential to
either beneficially or adversely affect
any threatened or endangered species.
The Draft GWGP does not authorize
discharges from groundwater
remediation facilities in Idaho to any
receiving waters where federally listed
threatened, endangered, or candidate
species, or designated or proposed
critical habitat, pursuant to the ESA, are
present. ESA consultation will be
required for individual situations where
an applicant requests a waiver to
discharge to a receiving water excluded
from coverage for ESA reasons.
Therefore, the EPA has evaluated the
Draft GWGP and has made the
determination that issuance of the
GWGP will have no effect on any
threatened, endangered, or candidate
species; designated critical habitat, or
essential fish habitat; and therefore, ESA
consultation is not required.
National Environmental Policy Act
(NEPA) [42 U.S.C. 4321 et seq.] and
Other Federal Requirements.
Regulations at 40 CFR 122.49, list the
federal laws that may apply to the
issuance of permits i.e., ESA, National
Historic Preservation Act, the Coastal
Zone Act Reauthorization Amendments
(CZARA), NEPA, and Executive Orders,
among others.
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18685
The NEPA compliance program
requires analysis of information
regarding potential impacts,
development and analysis of options to
avoid or minimize impacts; and
development and analysis of measures
to mitigate adverse impacts.
Due to the fact that groundwater
remediation facilities do not have any
EPA-promulgated effluent limitation
guidelines (ELGs) under CWA section
304 or new source performance
standards (NSPS) specific to their
operation, EPA determined that no
Environmental Assessments (EAs) or
Environmental Impact Statements (EISs)
are required under NEPA. Idaho is not
located in the U.S. coastal zone, so
CZARA does not apply. In addition, the
GWGP will not authorize the
construction of any water resources
facility or the impoundment of any
water body or have any effect on
historical property, and does exclude
receiving waters with ESA species
present or with Wild and Scenic River
designations. Therefore, EPA has
determined that the Fish and Wildlife
Coordination Act, 16 U.S.C. 661 et seq.,
and the Wild and Scenic Rivers Act, 16
U.S.C. 470 et seq., also do not apply to
the issuance of the GWGP.
Essential Fish Habitat (EFH). The
Magnuson-Stevens Fishery Management
and Conservation Act requires EPA to
consult with NOAA–NMFS when a
proposed discharge has the potential to
adversely affect a designated EFH. The
EFH regulations define an adverse effect
as ‘‘any impact which reduces quality
and/or quantity of EFH . . . [and] may
include direct (e.g. contamination or
physical disruption), indirect (e.g. loss
of prey, reduction in species’ fecundity),
site-specific or habitat-wide impacts,
including individual, cumulative, or
synergistic consequences of actions.’’
NMFS may recommend measures for
attachment to the federal action to
protect EFH; however, such
recommendations are advisory, and not
prescriptive in nature.
EPA has determined that the issuance
of this Draft GWGP has no effect on
EFH. The Draft GWGP does not
authorize discharges from groundwater
remediation facilities in Idaho to any
receiving waters where EFH has been
designated. Coordination with NMFS
will be required for individual
situations where an applicant requests a
waiver to discharge to a receiving water
excluded from coverage for EFH
reasons. Therefore, the EPA has
evaluated the Draft GWGP and has made
the determination that issuance of the
GWGP will have no effect on EFH. If,
during the course of the process it is
determined that the discharge may need
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Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
‘‘extensive conservation requirements
necessary to protect’’ EFH, the facility
may need to apply for an individual
permit.
Executive Order 12866: The Office of
Management and Budget (OMB)
exempts this action from the review
requirements of Executive Order 12866
pursuant to Section 6 of that order.
Economic Impact [Executive Order
12291]: The EPA has reviewed the effect
of Executive Order 12291 on this Draft
GWGP and has determined that it is not
a major rule pursuant to that Order.
Paperwork Reduction Act [44 U.S.C.
3501 et seq.] The EPA has reviewed the
requirements imposed on regulated
facilities in the Draft GWGP and finds
them consistent with the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501
et seq.
Regulatory Flexibility Act [5 U.S.C.
601 et seq.] The Regulatory Flexibility
Act (RFA) requires that EPA prepare an
initial regulatory flexibility analysis for
rules subject to the requirements of the
Administrative Procedures Act [APA, 5
U.S.C. 553] that have a significant
impact on a substantial number of small
entities. However, EPA has concluded
that NPDES General Permits are not
rulemakings under the APA, and thus
not subject to APA rulemaking
requirements or 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, General NPDES
Permits are not rules subject to the
requirements of the APA, and are,
therefore, not subject to the UMRA.
Authority: This action is taken under the
authority of Section 402 of the Clean Water
Act as amended, 42 U.S.C. 1342. I hereby
provide public notice of the Draft Idaho
GWGP in accordance with 40 CFR 124.10.
Dated: March 27, 2014.
Daniel D. Opalski,
Director, Office of Water and Watersheds,
Region 10, U.S. Environmental Protection
Agency.
the Farm Credit Administration Board
(Board).
FEDERAL COMMUNICATIONS
COMMISSION
The regular meeting of
the Board will be held at the offices of
the Farm Credit Administration in
McLean, Virginia, on April 10, 2014,
from 9:00 a.m. until such time as the
Board concludes its business.
Information Collection Being Reviewed
by the Federal Communications
Commission
DATE AND TIME:
Dale
L. Aultman, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
FOR FURTHER INFORMATION CONTACT:
Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090. Submit
attendance requests via email to
VisitorRequest@FCA.gov. See
SUPPLEMENTARY INFORMATION for further
information about attendance requests.
ADDRESSES:
Parts of
this meeting of the Board will be open
to the public (limited space available),
and parts will be closed to the public.
Please send an email to VisitorRequest@
FCA.gov at least 24 hours before the
meeting. In your email include: name,
postal address, entity you are
representing (if applicable), and
telephone number. You will receive an
email confirmation from us. Please be
prepared to show a photo identification
when you arrive. If you need assistance
for accessibility reasons, or if you have
any questions, contact Dale L. Aultman,
Secretary to the Farm Credit
Administration Board, at (703) 883–
4009. The matters to be considered at
the meeting are:
SUPPLEMENTARY INFORMATION:
OPEN SESSION
A. Approval of Minutes
• March 13, 2014
B. Reports
• Quarterly Report on Economic
Conditions and FCS Conditions
CLOSED SESSION *
• Office of Examination Quarterly
Report
Dated: April 1, 2014.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2014–07460 Filed 4–2–14; 8:45 am]
BILLING CODE 6560–50–P
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[FR Doc. 2014–07624 Filed 4–1–14; 4:15 pm]
FARM CREDIT ADMINISTRATION
BILLING CODE 6705–01–P
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, of the regular meeting of
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15:17 Apr 02, 2014
Jkt 232001
* Session Closed-Exempt pursuant to 5 U.S.C.
552b(c)(8) and (9).
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Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or the Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning:
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;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; 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; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC 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
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before June 2, 2014.
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
Cathy Williams, FCC, via email PRA@
fcc.gov <mailto:PRA@fcc.gov> and to
Cathy.Williams@fcc.gov
<mailto:Cathy.Williams@fcc.gov>.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION: OMB
Control No.: 3060–0678.
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18684-18686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07460]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9909-06-Region 10]
Proposed Reissuance of NPDES General Permit for Groundwater
Remediation Discharge Facilities in Idaho (Permit Number IDG911000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed reissuance of NPDES General Permit and
request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes
to reissue a National Pollutant Discharge Elimination System (NPDES)
General Permit for Groundwater Remediation Discharge Facilities in
Idaho (GWGP). As proposed, the GWGP authorizes the discharge of
groundwater from remediation sites to Waters of the U.S. within the
State of Idaho from both facilities with existing coverage and new
facilities interested in seeking coverage. The draft GWGP contains
technology-based and water quality-based effluent limitations for
conventional and toxic water quality pollutants, along with
administrative reporting and monitoring requirements, as well as
standard conditions, prohibitions, and management practices. A fact
sheet is available that explains the draft GWGP in detail.
Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires EPA to
seek a certification from the State of Idaho that the conditions of the
GWGP are stringent enough to comply with State water quality standards.
The Idaho Department of Environmental Quality (IDEQ) has provided a
draft certification that the draft GWGP complies with State of Idaho
Water Quality Standards (IDAPA 58.01.02), including the State's
antidegradation policy. EPA intends to seek a final certification from
IDEQ prior to issuing the final GWGP. This is also notice of the draft
Sec. 401 certification provided by IDEQ. Persons wishing to comment on
the draft State certification should send written comments to Ms.
Miranda Adams; Idaho Department of Environmental Quality, State Office,
Surface Water Program; 1410 North Hilton Street; Boise, Idaho 83706 or
via email to Miranda.Adams@deq.idaho.gov
DATES: The public comment period for the draft GWGP will be from the
date of publication of this Notice until May 19, 2014. Comments must be
received or postmarked by no later than midnight Pacific Standard Time
on May 19, 2014. All comments related to the draft GWGP and Fact Sheet
received by EPA Region 10 by the comment deadline will be considered
prior to issuing the final GWGP.
Submitting Comments: You may submit comments by any of the
following methods. All comments must include the name, address, and
telephone number of the commenter.
Mail: Send paper comments to Ms. Jill Nogi, Office of Water and
Watersheds; USEPA Region 10; 1200 6th Ave, Suite 900, OWW-130; Seattle,
Washington 98101.
Email: Send electronic comments to nogi.jill@epa.gov. Make sure to
write ``Comments on the Draft Idaho Groundwater Remediation General
Permit'' in the subject line.
Fax: Fax comments to the attention of Jill Nogi at (206) 553-0165.
Hand Delivery/Courier: Deliver comments to Jill Nogi, EPA Region
10, Office of Water and Watersheds, Mail Stop OWW-130, 1200 6th Avenue,
Suite 900, Seattle, WA 98101-3140. Call (206) 553-0523 before delivery
to verify business hours.
Viewing and/or Obtaining Copies of Documents. A copy of the draft
GWGP and the Fact Sheet, which explains the proposal in detail, may be
obtained by contacting EPA at 1 (800) 424-4372.
[[Page 18685]]
Copies of the documents are also available for viewing and downloading
at: https://yosemite.epa.gov/r10/water.nsf/NPDES+Public+Notices/id_gwgp_pn_2014. Requests may also be made to Audrey Washington at (206)
553-0523 or washington.audrey@epa.gov.
Public Informational Meeting: May 1, 2014; 11:00 a.m.--1:00 p.m.;
in Boise, Idaho; at the Banner Building, 950 W. Bannock Street, 2nd
Floor Conference Room. Presentation on the Draft GWGP from 11:00 a.m.-
11:30 a.m., Q & A from 11:30 a.m.-12:30 p.m. Conference Call-In Number
from 11:30 a.m.-12:30 p.m.; 1-866-299-3188; conference code
2065530775 . Open House from 12:30 p.m.-1:00 p.m.
Public Hearing: Persons wishing to request a public hearing should
submit their written request by May 19, 2014 stating the nature of the
issues to be raised as well as the requester's name, address, and
telephone number to Jill Nogi at the address above. If a public hearing
is scheduled, notice will be published in the Federal Register. Notice
will also be posted on the Region 10 Web site, and will be mailed to
all interested persons receiving letters of the availability of the
Draft GWGP.
FOR FURTHER INFORMATION CONTACT: Additional information can be obtained
by contacting Jill Nogi, Office of Water and Watersheds, U.S.
Environmental Protection Agency, Region 10. Contact information
included above in the ``Submitting Comments'' section.
SUPPLEMENTARY INFORMATION: The currently expired Groundwater General
Permit NPDES General Permit, No. IDG910000 (2007 Permit), was issued by
EPA on July 1, 2007. The 2007 Permit expired on June 30, 2012. The 2007
Permit remains in effect for those Permittees who obtained an
administrative extension of the authorization to discharge before the
permit expired. The current draft GWGP does not provide coverage for
the discharge from mining operations. Those existing mining operations
with an EPA administrative extension of coverage under the 2007 Permit
may continue to operate under the limitations and conditions of the
2007 Permit until such time as a new permit is issued for those
facilities.
In addition, EPA proposes to make the following major changes with
the reissued permit:
Revised effluent limitations based on:
1. Idaho's newer (2006) WQS. (The 2007 GWGP used Idaho's 2005 WQS.)
EPA calculated different water-quality based effluent limits (WQBELs)
for receiving waters designated as a Domestic Water Supply (DWS) in
accordance with the State of Idaho Surface Water Quality Standards at
IDAPA 58.01.02;
2. Minimum hardness values for hardness-dependent metals of 25 mg/L
and 10 mg/L for cadmium; and,
3. Requiring average monthly and maximum daily effluent limits for
continuous dischargers, and daily maximum effluent limits for non-
continuous dischargers.
A provision requiring a BMP Plan, which is standard for
industrial permittees. The last GWGP required an Operation &
Maintenance (O&M) Plan. Those requirements have now been incorporated
into the BMP Plan provision;
Requirements for more frequent monitoring and an expanded
list of COCs to monitor;
A requirement to use NetDMR, which enables the electronic
submission of monitoring data and monthly discharge monitoring reports
to EPA and IDEQ.
Other Legal Requirements
Endangered Species Act [16 U.S.C. 1531 et al.]. Section 7 of the
Endangered Species Act (ESA) requires Federal agencies to consult with
NOAA Fisheries (NMFS) and the U.S. Fish and Wildlife Service (USFWS)
(the Services) if their actions have the potential to either
beneficially or adversely affect any threatened or endangered species.
The Draft GWGP does not authorize discharges from groundwater
remediation facilities in Idaho to any receiving waters where federally
listed threatened, endangered, or candidate species, or designated or
proposed critical habitat, pursuant to the ESA, are present. ESA
consultation will be required for individual situations where an
applicant requests a waiver to discharge to a receiving water excluded
from coverage for ESA reasons. Therefore, the EPA has evaluated the
Draft GWGP and has made the determination that issuance of the GWGP
will have no effect on any threatened, endangered, or candidate
species; designated critical habitat, or essential fish habitat; and
therefore, ESA consultation is not required.
National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.]
and Other Federal Requirements. Regulations at 40 CFR 122.49, list the
federal laws that may apply to the issuance of permits i.e., ESA,
National Historic Preservation Act, the Coastal Zone Act
Reauthorization Amendments (CZARA), NEPA, and Executive Orders, among
others.
The NEPA compliance program requires analysis of information
regarding potential impacts, development and analysis of options to
avoid or minimize impacts; and development and analysis of measures to
mitigate adverse impacts.
Due to the fact that groundwater remediation facilities do not have
any EPA-promulgated effluent limitation guidelines (ELGs) under CWA
section 304 or new source performance standards (NSPS) specific to
their operation, EPA determined that no Environmental Assessments (EAs)
or Environmental Impact Statements (EISs) are required under NEPA.
Idaho is not located in the U.S. coastal zone, so CZARA does not apply.
In addition, the GWGP will not authorize the construction of any water
resources facility or the impoundment of any water body or have any
effect on historical property, and does exclude receiving waters with
ESA species present or with Wild and Scenic River designations.
Therefore, EPA has determined that the Fish and Wildlife Coordination
Act, 16 U.S.C. 661 et seq., and the Wild and Scenic Rivers Act, 16
U.S.C. 470 et seq., also do not apply to the issuance of the GWGP.
Essential Fish Habitat (EFH). The Magnuson-Stevens Fishery
Management and Conservation Act requires EPA to consult with NOAA-NMFS
when a proposed discharge has the potential to adversely affect a
designated EFH. The EFH regulations define an adverse effect as ``any
impact which reduces quality and/or quantity of EFH . . . [and] may
include direct (e.g. contamination or physical disruption), indirect
(e.g. loss of prey, reduction in species' fecundity), site-specific or
habitat-wide impacts, including individual, cumulative, or synergistic
consequences of actions.'' NMFS may recommend measures for attachment
to the federal action to protect EFH; however, such recommendations are
advisory, and not prescriptive in nature.
EPA has determined that the issuance of this Draft GWGP has no
effect on EFH. The Draft GWGP does not authorize discharges from
groundwater remediation facilities in Idaho to any receiving waters
where EFH has been designated. Coordination with NMFS will be required
for individual situations where an applicant requests a waiver to
discharge to a receiving water excluded from coverage for EFH reasons.
Therefore, the EPA has evaluated the Draft GWGP and has made the
determination that issuance of the GWGP will have no effect on EFH. If,
during the course of the process it is determined that the discharge
may need
[[Page 18686]]
``extensive conservation requirements necessary to protect'' EFH, the
facility may need to apply for an individual permit.
Executive Order 12866: The Office of Management and Budget (OMB)
exempts this action from the review requirements of Executive Order
12866 pursuant to Section 6 of that order.
Economic Impact [Executive Order 12291]: The EPA has reviewed the
effect of Executive Order 12291 on this Draft GWGP and has determined
that it is not a major rule pursuant to that Order.
Paperwork Reduction Act [44 U.S.C. 3501 et seq.] The EPA has
reviewed the requirements imposed on regulated facilities in the Draft
GWGP and finds them consistent with the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq.
Regulatory Flexibility Act [5 U.S.C. 601 et seq.] The Regulatory
Flexibility Act (RFA) requires that EPA prepare an initial regulatory
flexibility analysis for rules subject to the requirements of the
Administrative Procedures Act [APA, 5 U.S.C. 553] that have a
significant impact on a substantial number of small entities. However,
EPA has concluded that NPDES General Permits are not rulemakings under
the APA, and thus not subject to APA rulemaking requirements or 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, General NPDES Permits are
not rules subject to the requirements of the APA, and are, therefore,
not subject to the UMRA.
Authority: This action is taken under the authority of Section
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby
provide public notice of the Draft Idaho GWGP in accordance with 40
CFR 124.10.
Dated: March 27, 2014.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10, U.S. Environmental
Protection Agency.
[FR Doc. 2014-07460 Filed 4-2-14; 8:45 am]
BILLING CODE 6560-50-P
