Approval of the Application by the State of Idaho To Administer the National Pollutant Discharge Elimination System (NPDES) and Electronic Reporting, 27769-27771 [2018-12806]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices normal clearance procedures under the PRA, because either public harm is reasonably likely to result if normal clearance procedures are followed, an unanticipated event has occurred, or the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court ordered deadline to be missed. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The Frank R. Lautenberg Chemical Safety for the 21st Century Act, immediately effective upon its enactment on June 22, 2016, made significant amendments to TSCA, including imposing a number of new responsibilities related to new chemical reviews. Specifically, TSCA section 5 requires that EPA now assess a new chemical under the ‘‘conditions of use,’’ which is defined as the circumstances, as determined by the Administrator, under which the chemical is intended, known or reasonably foreseen to be manufactured, processed, distributed in commerce, used or disposed of. TSCA also now requires that EPA make one of five affirmative determinations on the new chemical within the statutory review period. The new determination requirement has resulted in a backlog of section 5 submissions awaiting final action. In an effort to avoid future delays and backlogs and to assist respondents in preparing a Premanufacture Notice (PMN), Significant New Use Notice (SNUN), or exemption notice (e.g., Low Volume Exemption or LVE) (hereinafter collectively referred to as ‘‘notifications’’) submissions in a manner that satisfies the amended TSCA section 5 requirements, EPA developed a non-binding guidance document, entitled ‘‘Points to Consider When Preparing TSCA New Chemical Notifications’’. To the extent that respondents are able to take information presented in the Points to Consider document into account prior to preparing and submitting a PMN, SNUN, or exemption notice, EPA also anticipates that more robust submissions will improve the factual bases for determinations on new chemical notices, speed review, and VerDate Sep<11>2014 16:38 Jun 13, 2018 Jkt 244001 reduce the frequency of interactions with submitters in cases where EPA has questions about the submission. The Points to Consider document is urgently needed for a more timely and efficient new chemical review process. Complying with the normal clearance procedures for approval of the reporting guidance provided in the Points to Consider document could disrupt the collection of information by preventing companies from accessing applicable and helpful EPA guidance with respect to PMNs and SNUNs submitted prior to OMB approval of the ICR and cause harm due to the ensuing delays in marketing new chemical substances because companies do not have access to the guidance. Respondents/affected entities: Entities potentially affected by this ICR are manufacturers (including importers) and processors of new chemical substances. Respondent’s obligation to respond: Mandatory (15 U.S.C. 2604). Estimated total number of potential respondents: 443. Frequency of response: On occasion. Estimated total burden: 117,176 hours (per year). Burden is defined at 5 CFR 1320.3(b). Estimated total costs: $34,389,692 (per year), includes no annualized capital investment or maintenance and operational costs. Changes in the estimates: There is an increase of 1,379 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects the estimated additional time associated with reading the new guidance document before preparing and submitting a PMN, SNUN, or exemption notice (about 1.4 hours per response). This burden increase is the result of a program change. Authority: 44 U.S.C. 3501 et seq. Dated: June 7, 2018. Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2018–12811 Filed 6–13–18; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 27769 ENVIRONMENTAL PROTECTION AGENCY [FRL–9979–12—Region 10] Approval of the Application by the State of Idaho To Administer the National Pollutant Discharge Elimination System (NPDES) and Electronic Reporting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: On June 5, 2018, the Administrator for the Environmental Protection Agency approved the application by the State of Idaho to administer and enforce the Idaho Pollutant Discharge Elimination System (IPDES) program pursuant to the Clean Water Act. Concurrent with this approval, EPA is also approving IPDES program for electronic reporting. The Idaho Department of Environmental Quality (IDEQ) will administer the approved IPDES program regulating discharges of pollutants into waters of the United States under its jurisdiction as described in the state’s program application. EPA has approved the State’s implementation plan that transfers the administration of specific program components from EPA to the State over a four-year period in accordance with the Memorandum of Agreement between IDEQ and EPA R10 (MOA) and subject to EPA oversight and enforcement. EPA will suspend issuance of NPDES permits in Idaho in accordance with the State’s approved schedule to transfer NPDES program authority. EPA will retain the authority to issue NPDES permits for facilities located on tribal lands and/or discharging to tribal waters. DATES: On June 5, 2018, the Administrator approved Idaho’s IPDES program including electronic reporting. FOR FURTHER INFORMATION CONTACT: Visit EPA’s web page at https://www.epa.gov/ npdes-permits/idaho-npdes-programauthorization or contact Karen Burgess, NPDES Permits Unit, EPA Region 10; (206) 553–1644; burgess.karen@epa.gov. The State’s application, supporting documentation and EPA’s response to comments received during the public comment period and hearings may be viewed or downloaded from EPA’s web page. The IDEQ contact is Mary Anne Nelson, IPDES Program Manager; mary.anne.nelson@deq.idaho.gov; (208) 373–0291. IDEQ’s application, related documents and program development documents may be viewed or downloaded from the IDEQ website SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1 27770 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices https://www.deq.idaho.gov/waterquality/ipdes/program-application/. General Information A. Does this action apply to me? Entities potentially affected by this action are: The EPA; tribal programs; and the regulated community and SUPPLEMENTARY INFORMATION: citizens within the state of Idaho. This table is not intended to be exhaustive; rather, it provides a guide for readers regarding entities that this action is likely to regulate. TABLE 1—ENTITIES POTENTIALLY AFFECTED BY THIS PROPOSED APPROVAL Category Examples of potentially affected entities State and Indian Tribal Governments .................. States and Indian Tribes that provide certification under section 401 of the CWA; States and Indian Tribes that own or operate treatment works. POTWs required to apply for or seek coverage under an NPDES individual or general permit and to perform routine monitoring as a condition of an NPDES permit. Facilities required to apply for or seek coverage under an NPDES individual or general permit and to perform routine monitoring as a condition of an NPDES permit. Any party that may review and provide comments on NPDES permits. Any party that may review and provide comments on NPDES permits. Municipalities ........................................................ Industry ................................................................. NPDES Stakeholders ........................................... Citizens of the state of Idaho ............................... If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. daltland on DSKBBV9HB2PROD with NOTICES B. What action is EPA taking? EPA approved the State of Idaho’s IPDES program granting IDEQ the authority to administer the NPDES program in Idaho to regulate discharges of pollutants into waters of the United States under its jurisdiction. Concurrent with this approval, EPA is also approving IPDES program for electronic reporting under the NPDES and pretreatment programs. C. What is EPA’s authority for taking this action? The CWA created the NPDES program under which EPA may issue permits authorizing the point source discharge of pollutants to waters of the United States under conditions required by the Act. The CWA provides that EPA shall approve a State to administer its own permit program, upon the Governor’s request, provided that EPA has determined that the State has adequate authority and a program sufficient to meet the Act’s requirements. 33 U.S.C. 1342(b). The regulatory requirements for state program approval are set forth in 40 CFR part 123 (https:// www.ecfr.gov/); subpart B provides the requirements of state program submissions, which IDEQ refers to as the IPDES program application. EPA may approve a partial and phased program under CWA section 402(n)(4). 33 U.S.C. 1342(n)(4). Pursuant to CWA section 402(d), 33 U.S.C. 1342(d), EPA can object to draft IPDES permits proposed by IDEQ and, if the objections are not resolved, the authority to issue such permits transfers to EPA. EPA retains enforcement authorities under CWA sections 308, VerDate Sep<11>2014 16:38 Jun 13, 2018 Jkt 244001 309, 402(i) and 504 and may take enforcement actions if EPA determines that the State has not taken timely and/ or appropriate enforcement actions for IPDES program violations as authorized under those provisions. Public notice of the application: On August 11, 2017, EPA initiated the public comment period for the IPDES program application in the Federal Register (82 FR 37583) pursuant to 40 CFR 123.61. The public process included informational meetings and public hearings in the following five Idaho cities on the dates set forth: September 11, 2017 at Central Public Library in Idaho Falls. September 12, 2017 at Twin Falls Public Library. September 13, 2017 at Boise Public Library. September 14, 2017 at Lewiston Community Center. September 15, 2017 at Coeur d’Alene Public Library. These meetings included an overview of both the federal and state programs and provided an opportunity for question and answer. Each informational meeting was immediately followed by a public hearing in accordance with 40 CFR 124.12 and provided interested parties with the opportunity to give written and/or oral testimony into the official record. All comments received by EPA were considered and responded to by EPA with the final IPDES program approval. Information about the IPDES Program Application is available in the Federal Register document for the application and the response to comments is available from EPA’s web page https:// www.epa.gov/npdes-permits/idahonpdes-program-authorization. IPDES program summary: As required under section 402(b) of the CWA, 33 U.S.C. 1342(b), and 40 CFR 123.22, the IPDES program description specifies PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 how IDEQ will administer the NPDES program. IDEQ will issue IPDES permits under their jurisdiction; conduct compliance and enforcement activities; gather and maintain NPDES records and report to EPA; and oversee the regulated activities of all IPDES-permitted facilities. EPA will retain the authority to issue NPDES permits for facilities located on tribal lands and/or discharging to tribal waters. The scope of IDEQ permitting authority includes individual and general permits for discharges to waters of the United States from facilities or activities, including industrial (e.g., commercial, mining, oil and gas, and silviculture discharges; animal feeding operations; and aquatic animal production facilities) and municipal wastewater treatment facilities (e.g., publicly and privately owned treatment works); discharges to waters of the United States from federal facilities; storm water discharges, including municipal separate storm sewer systems, construction and industrial storm water general permits, and individual permits for storm water discharges; sewage sludge (biosolids) program under 40 CFR part 503; and the pretreatment program under 40 CFR part 403. IDEQ will not have authority to regulate discharges incidental to the normal operation of a non-military, nonrecreational vessel operating in a capacity as a means of transportation. Instead, EPA has the authority under CWA section 402, 33 U.S.C. 1342, to regulate those discharges from nonmilitary, non-recreational vessels and all ballast water discharges. IDEQ will assume permitting and compliance authority for the NPDES program in four phases. EPA will retain full permitting and compliance authority for the relevant major component(s) until that authority is transferred to IDEQ in accordance with E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices the following schedule of anticipated transfer dates: daltland on DSKBBV9HB2PROD with NOTICES Phase I—Individual Municipal Permits and Pretreatment on July 1, 2018. Phase II—Individual Industrial Permits on July 1, 2019. Phase III—General Permits (Aquaculture, Pesticide, CAFO, Suction Dredge, Remediation) on July 1, 2020. Phase IV—Federal Facilities, General and Individual Stormwater Permits and Biosolids on July 1, 2021. Public process and tribal consultation: EPA opened a 60-day public comment period that ended on October 10, 2017. In addition, EPA held public hearings during the week of September 11, 2017, to accept comments on the IPDES program application. The Response to Comments and Testimony compiles all comments and testimony submitted to EPA during the public comment period and provides EPA’s response to those comments available at EPA’s website. A total of 18 comment letters and testimonials were received during the comment period. Of those 18, 10 commenters expressed support for the transfer of NPDES authority to IDEQ. One commenter expressed a general concern about IDEQ’s ability to adequately run a program that sufficiently protects the environment. The remaining 7 commenters provided specific comments about the IPDES program application or IPDES program. EPA provided responses to all comments. No comments resulted in changes to the IPDES program application as provided with the Federal Register document for the IPDES program application. EPA engaged with all five federallyrecognized Idaho tribes (ShoshoneBannock Tribe, Shoshone-Paiute Tribe, Nez Perce Tribe Council, Coeur d’Alene Tribe and the Kootenai Tribe) and two federally-recognized Eastern Washington tribes (Kalispell Tribe and Spokane Tribes). EPA participated in several meetings with the Tribes that were held before and after the public comment period. The primary outcome of the tribal meetings was the development of IDEQ’s IPDES Tribal Participation Process. This document establishes the process by which IDEQ will provide early notification of and participation in permit issuance activities with interested tribes, available at IDEQ’s website https:// www.deq.idaho.gov/media/60181337/ ipdes-tribal-participation-process.pdf. CROMERR: On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified under 40 CFR part 3. VerDate Sep<11>2014 16:38 Jun 13, 2018 Jkt 244001 CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Per the requirements of 40 CFR 3.2(b)(2), ‘‘A state, tribe, or local government that is applying for initial delegation, authorization, or approval to administer a federal program or a program in lieu of the federal program, and that will allow document submission requirements under the program to be satisfied with an electronic document, must use the procedures for obtaining delegation, authorization, or approval under the relevant part of Title 40 and may not use the procedures set forth in 40 CFR 3.1000; but the application must contain the information required by 40 CFR 3.1000(b)(1) and the state, tribe, or local government must meet the requirements of 40 CFR 3.2000.’’ IDEQ will implement the National Network Discharge Monitoring Report System (National NetDMR) and Shared CROMERR Services (SCS) electronic document receiving system in accordance with the application submitted by IDEQ to EPA on March 26, 2018. The application anticipated concurrent approval with the State’s 40 CFR part 123 (NPDES State Program Requirements) and part 403 (General Pretreatment Regulations for Existing and New Source of Pollution) programs to allow electronic reporting under 40 CFR parts 122, 125, and 403–471. EPA has reviewed IDEQ’s application and determined both that the application contains the information required 40 CFR 3.1000(b)(1) and that IDEQ’s National NetDMR and SCS systems comply with the requirements for electronic document receiving systems in 40 CFR 3.2000. This approval is effective upon the date of this publication in the Federal Register. Decision process: The State of Idaho submitted the IPDES program application to EPA on August 31, 2016. EPA reviewed the application pursuant to 40 CFR part 123, subpart B and the application was deemed complete by EPA on September 30, 2016. In accordance with 40 CFR 123.21(d), IDEQ requested and EPA agreed to extend the statutory review period for the application until June 30, 2018. Pursuant to 40 CFR 123.61, on August 11, 2017, EPA initiated the 60-day public comment period as noticed in the Federal Register (82 FR 37583). After the close of the public comment period, completion of the required tribal consultation and responding to comments, the EPA Administrator PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 27771 approved the IPDES program based on the requirements of section 402 of the CWA, 33 U.S.C. 1342, and 40 CFR part 123. IDEQ and the Regional Administrator signed the MOA prior to final IPDES program approval on June 5, 2018. Upon approval, the Administrator notified the State of Idaho. Authority: This action is taken under the authority of section 402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby provide public notice of EPA’s final action authorizing the State of Idaho through IDEQ to administer the approval IPDES program regulating discharges of pollutants to waters of the U.S. under its jurisdiction. Dated: June 5, 2018. E. Scott Pruitt, Administrator. [FR Doc. 2018–12806 Filed 6–13–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2018–0007; FRL–9978–34] Pesticide Product Registration; Receipt of Applications for New Active Ingredients Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications. DATES: Comments must be received on or before July 16, 2018. ADDRESSES: Submit your comments, identified by the Docket Identification (ID) Number and the File Symbol of interest as shown in the body of this document, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Notices]
[Pages 27769-27771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12806]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9979-12--Region 10]


Approval of the Application by the State of Idaho To Administer 
the National Pollutant Discharge Elimination System (NPDES) and 
Electronic Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On June 5, 2018, the Administrator for the Environmental 
Protection Agency approved the application by the State of Idaho to 
administer and enforce the Idaho Pollutant Discharge Elimination System 
(IPDES) program pursuant to the Clean Water Act. Concurrent with this 
approval, EPA is also approving IPDES program for electronic reporting. 
The Idaho Department of Environmental Quality (IDEQ) will administer 
the approved IPDES program regulating discharges of pollutants into 
waters of the United States under its jurisdiction as described in the 
state's program application. EPA has approved the State's 
implementation plan that transfers the administration of specific 
program components from EPA to the State over a four-year period in 
accordance with the Memorandum of Agreement between IDEQ and EPA R10 
(MOA) and subject to EPA oversight and enforcement. EPA will suspend 
issuance of NPDES permits in Idaho in accordance with the State's 
approved schedule to transfer NPDES program authority. EPA will retain 
the authority to issue NPDES permits for facilities located on tribal 
lands and/or discharging to tribal waters.

DATES: On June 5, 2018, the Administrator approved Idaho's IPDES 
program including electronic reporting.

FOR FURTHER INFORMATION CONTACT: Visit EPA's web page at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization or contact 
Karen Burgess, NPDES Permits Unit, EPA Region 10; (206) 553-1644; 
[email protected]. The State's application, supporting 
documentation and EPA's response to comments received during the public 
comment period and hearings may be viewed or downloaded from EPA's web 
page. The IDEQ contact is Mary Anne Nelson, IPDES Program Manager; 
[email protected]; (208) 373-0291. IDEQ's application, 
related documents and program development documents may be viewed or 
downloaded from the IDEQ website

[[Page 27770]]

https://www.deq.idaho.gov/water-quality/ipdes/program-application/.

SUPPLEMENTARY INFORMATION:

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA; tribal 
programs; and the regulated community and citizens within the state of 
Idaho. This table is not intended to be exhaustive; rather, it provides 
a guide for readers regarding entities that this action is likely to 
regulate.

                        Table 1--Entities Potentially Affected by This Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                                Examples of potentially affected
                                   Category                                                 entities
----------------------------------------------------------------------------------------------------------------
State and Indian Tribal Governments..........................................  States and Indian Tribes that
                                                                                provide certification under
                                                                                section 401 of the CWA; States
                                                                                and Indian Tribes that own or
                                                                                operate treatment works.
Municipalities...............................................................  POTWs required to apply for or
                                                                                seek coverage under an NPDES
                                                                                individual or general permit and
                                                                                to perform routine monitoring as
                                                                                a condition of an NPDES permit.
Industry.....................................................................  Facilities required to apply for
                                                                                or seek coverage under an NPDES
                                                                                individual or general permit and
                                                                                to perform routine monitoring as
                                                                                a condition of an NPDES permit.
NPDES Stakeholders...........................................................  Any party that may review and
                                                                                provide comments on NPDES
                                                                                permits.
Citizens of the state of Idaho...............................................  Any party that may review and
                                                                                provide comments on NPDES
                                                                                permits.
----------------------------------------------------------------------------------------------------------------

    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What action is EPA taking?

    EPA approved the State of Idaho's IPDES program granting IDEQ the 
authority to administer the NPDES program in Idaho to regulate 
discharges of pollutants into waters of the United States under its 
jurisdiction. Concurrent with this approval, EPA is also approving 
IPDES program for electronic reporting under the NPDES and pretreatment 
programs.

C. What is EPA's authority for taking this action?

    The CWA created the NPDES program under which EPA may issue permits 
authorizing the point source discharge of pollutants to waters of the 
United States under conditions required by the Act. The CWA provides 
that EPA shall approve a State to administer its own permit program, 
upon the Governor's request, provided that EPA has determined that the 
State has adequate authority and a program sufficient to meet the Act's 
requirements. 33 U.S.C. 1342(b). The regulatory requirements for state 
program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/); subpart B provides the requirements of state program 
submissions, which IDEQ refers to as the IPDES program application. EPA 
may approve a partial and phased program under CWA section 402(n)(4). 
33 U.S.C. 1342(n)(4).
    Pursuant to CWA section 402(d), 33 U.S.C. 1342(d), EPA can object 
to draft IPDES permits proposed by IDEQ and, if the objections are not 
resolved, the authority to issue such permits transfers to EPA. EPA 
retains enforcement authorities under CWA sections 308, 309, 402(i) and 
504 and may take enforcement actions if EPA determines that the State 
has not taken timely and/or appropriate enforcement actions for IPDES 
program violations as authorized under those provisions.
    Public notice of the application: On August 11, 2017, EPA initiated 
the public comment period for the IPDES program application in the 
Federal Register (82 FR 37583) pursuant to 40 CFR 123.61. The public 
process included informational meetings and public hearings in the 
following five Idaho cities on the dates set forth:

    September 11, 2017 at Central Public Library in Idaho Falls.
    September 12, 2017 at Twin Falls Public Library.
    September 13, 2017 at Boise Public Library.
    September 14, 2017 at Lewiston Community Center.
    September 15, 2017 at Coeur d'Alene Public Library.

    These meetings included an overview of both the federal and state 
programs and provided an opportunity for question and answer. Each 
informational meeting was immediately followed by a public hearing in 
accordance with 40 CFR 124.12 and provided interested parties with the 
opportunity to give written and/or oral testimony into the official 
record. All comments received by EPA were considered and responded to 
by EPA with the final IPDES program approval. Information about the 
IPDES Program Application is available in the Federal Register document 
for the application and the response to comments is available from 
EPA's web page https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization.
    IPDES program summary: As required under section 402(b) of the CWA, 
33 U.S.C. 1342(b), and 40 CFR 123.22, the IPDES program description 
specifies how IDEQ will administer the NPDES program. IDEQ will issue 
IPDES permits under their jurisdiction; conduct compliance and 
enforcement activities; gather and maintain NPDES records and report to 
EPA; and oversee the regulated activities of all IPDES-permitted 
facilities. EPA will retain the authority to issue NPDES permits for 
facilities located on tribal lands and/or discharging to tribal waters. 
The scope of IDEQ permitting authority includes individual and general 
permits for discharges to waters of the United States from facilities 
or activities, including industrial (e.g., commercial, mining, oil and 
gas, and silviculture discharges; animal feeding operations; and 
aquatic animal production facilities) and municipal wastewater 
treatment facilities (e.g., publicly and privately owned treatment 
works); discharges to waters of the United States from federal 
facilities; storm water discharges, including municipal separate storm 
sewer systems, construction and industrial storm water general permits, 
and individual permits for storm water discharges; sewage sludge 
(biosolids) program under 40 CFR part 503; and the pretreatment program 
under 40 CFR part 403. IDEQ will not have authority to regulate 
discharges incidental to the normal operation of a non-military, non-
recreational vessel operating in a capacity as a means of 
transportation. Instead, EPA has the authority under CWA section 402, 
33 U.S.C. 1342, to regulate those discharges from non-military, non-
recreational vessels and all ballast water discharges.
    IDEQ will assume permitting and compliance authority for the NPDES 
program in four phases. EPA will retain full permitting and compliance 
authority for the relevant major component(s) until that authority is 
transferred to IDEQ in accordance with

[[Page 27771]]

the following schedule of anticipated transfer dates:

    Phase I--Individual Municipal Permits and Pretreatment on July 
1, 2018.
    Phase II--Individual Industrial Permits on July 1, 2019.
    Phase III--General Permits (Aquaculture, Pesticide, CAFO, 
Suction Dredge, Remediation) on July 1, 2020.
    Phase IV--Federal Facilities, General and Individual Stormwater 
Permits and Biosolids on July 1, 2021.

    Public process and tribal consultation: EPA opened a 60-day public 
comment period that ended on October 10, 2017. In addition, EPA held 
public hearings during the week of September 11, 2017, to accept 
comments on the IPDES program application. The Response to Comments and 
Testimony compiles all comments and testimony submitted to EPA during 
the public comment period and provides EPA's response to those comments 
available at EPA's website.
    A total of 18 comment letters and testimonials were received during 
the comment period. Of those 18, 10 commenters expressed support for 
the transfer of NPDES authority to IDEQ. One commenter expressed a 
general concern about IDEQ's ability to adequately run a program that 
sufficiently protects the environment. The remaining 7 commenters 
provided specific comments about the IPDES program application or IPDES 
program. EPA provided responses to all comments. No comments resulted 
in changes to the IPDES program application as provided with the 
Federal Register document for the IPDES program application.
    EPA engaged with all five federally-recognized Idaho tribes 
(Shoshone-Bannock Tribe, Shoshone-Paiute Tribe, Nez Perce Tribe 
Council, Coeur d'Alene Tribe and the Kootenai Tribe) and two federally-
recognized Eastern Washington tribes (Kalispell Tribe and Spokane 
Tribes). EPA participated in several meetings with the Tribes that were 
held before and after the public comment period. The primary outcome of 
the tribal meetings was the development of IDEQ's IPDES Tribal 
Participation Process. This document establishes the process by which 
IDEQ will provide early notification of and participation in permit 
issuance activities with interested tribes, available at IDEQ's website 
https://www.deq.idaho.gov/media/60181337/ipdes-tribal-participation-process.pdf.
    CROMERR: On October 13, 2005, the final Cross-Media Electronic 
Reporting Rule (CROMERR) was published in the Federal Register (70 FR 
59848) and codified under 40 CFR part 3. CROMERR establishes electronic 
reporting as an acceptable regulatory alternative to paper reporting 
and establishes requirements to assure that electronic documents are as 
legally dependable as their paper counterparts. Per the requirements of 
40 CFR 3.2(b)(2), ``A state, tribe, or local government that is 
applying for initial delegation, authorization, or approval to 
administer a federal program or a program in lieu of the federal 
program, and that will allow document submission requirements under the 
program to be satisfied with an electronic document, must use the 
procedures for obtaining delegation, authorization, or approval under 
the relevant part of Title 40 and may not use the procedures set forth 
in 40 CFR 3.1000; but the application must contain the information 
required by 40 CFR 3.1000(b)(1) and the state, tribe, or local 
government must meet the requirements of 40 CFR 3.2000.''
    IDEQ will implement the National Network Discharge Monitoring 
Report System (National NetDMR) and Shared CROMERR Services (SCS) 
electronic document receiving system in accordance with the application 
submitted by IDEQ to EPA on March 26, 2018. The application anticipated 
concurrent approval with the State's 40 CFR part 123 (NPDES State 
Program Requirements) and part 403 (General Pretreatment Regulations 
for Existing and New Source of Pollution) programs to allow electronic 
reporting under 40 CFR parts 122, 125, and 403-471. EPA has reviewed 
IDEQ's application and determined both that the application contains 
the information required 40 CFR 3.1000(b)(1) and that IDEQ's National 
NetDMR and SCS systems comply with the requirements for electronic 
document receiving systems in 40 CFR 3.2000. This approval is effective 
upon the date of this publication in the Federal Register.
    Decision process: The State of Idaho submitted the IPDES program 
application to EPA on August 31, 2016. EPA reviewed the application 
pursuant to 40 CFR part 123, subpart B and the application was deemed 
complete by EPA on September 30, 2016. In accordance with 40 CFR 
123.21(d), IDEQ requested and EPA agreed to extend the statutory review 
period for the application until June 30, 2018. Pursuant to 40 CFR 
123.61, on August 11, 2017, EPA initiated the 60-day public comment 
period as noticed in the Federal Register (82 FR 37583). After the 
close of the public comment period, completion of the required tribal 
consultation and responding to comments, the EPA Administrator approved 
the IPDES program based on the requirements of section 402 of the CWA, 
33 U.S.C. 1342, and 40 CFR part 123. IDEQ and the Regional 
Administrator signed the MOA prior to final IPDES program approval on 
June 5, 2018. Upon approval, the Administrator notified the State of 
Idaho.
    Authority: This action is taken under the authority of section 402 
of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby provide 
public notice of EPA's final action authorizing the State of Idaho 
through IDEQ to administer the approval IPDES program regulating 
discharges of pollutants to waters of the U.S. under its jurisdiction.

    Dated: June 5, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018-12806 Filed 6-13-18; 8:45 am]
 BILLING CODE 6560-50-P
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