[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25081-25082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10050]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9806-1]
Reissuance of Final NPDES General Permits for Facilities/
Operations That Generate, Treat, and/or Use/Dispose of Sewage Sludge by
Means of Land Application, Landfill, and Surface Disposal in EPA Region
8
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of issuance of NPDES general permits.
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SUMMARY: Region 8 of the EPA is hereby giving notice of its reissuance
of the National Pollutant Discharge Elimination System (NPDES) general
permits for facilities or operations that generate, treat, and/or use/
dispose of sewage sludge by means of land application, landfill, and
surface disposal in the States of CO, MT, ND, and WY and in Indian
country in the States of CO, MT, ND, SD, WY and UT (except for the
Goshute Indian Reservation and the Navajo Indian Reservation). The
effective date of the general permits is May 13, 2013.
DATES: The general permits become effective on May 13, 2013 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 May 13, 2013.
FOR FURTHER INFORMATION CONTACT: Additional information concerning the
final permits may be obtained from Bob Brobst, EPA Region 8, Wastewater
Unit (8P-W-WW), 1595 Wynkoop Street, Denver, CO 80202-1129, telephone
(303) 312-6129 or Email at [email protected]. The administrative
record is available by appointment for review and copying, fee for
copies may be required, at the EPA Region 8 offices during the hours of
10:00 a.m. to 4:00 p.m. Monday through Friday, Federal holidays
excluded. The final general permits, the fact sheet, and additional
information may be downloaded from the EPA Region 8 Web page at http://www.epa.gov/region08/water/biosolids/documents.html. Please allow one
week after date of this publication for items to be uploaded to the Web
page.
SUPPLEMENTARY INFORMATION: The NPDES permit numbers and the areas
covered by each general permit are listed below.
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State Permit No. Area covered by the general permit
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Colorado......................... COG650000 State of Colorado except for Federal
Facilities and Indian country.
COG651000 Indian country within the State of
Colorado and the portions of the Ute
Mountain Indian Reservation located in
New Mexico and in Utah.
COG652000 Federal Facilities in the State of
Colorado, except those located in Indian
country, which are covered under permit
COG51000.
Montana.......................... MTG650000 State of Montana except for Indian
country.
MTG651000 Indian country in the State of Montana.
North Dakota..................... NDG650000 State of North Dakota except for Indian
country.
NDG651000 Indian country within the State of North
Dakota (except for Indian country located
within the former boundaries of the Lake
Traverse Indian Reservation, which are
covered under permit SDG651000) and that
portion of the Standing Rock Indian
Reservation located in South Dakota.
South Dakota..................... SDG651000 Indian country within the State of South
Dakota (except for the Standing Rock
Indian Reservation, which is covered
under permit NDG651000), that portion of
the Pine Ridge Indian Reservation located
in Nebraska, and Indian country located
in North Dakota within the former
boundaries of the Lake Traverse Indian
Reservation.
[[Page 25082]]
Utah............................. UTG651000 Indian country within the State of Utah
except for the Goshute Indian
Reservation, Navajo Indian Reservation,
and Ute Mountain Indian Reservation
(which is covered under permit
COG651000).
Wyoming.......................... WYG650000 State of Wyoming except for Indian
country.
WYG651000 Indian country within the State of
Wyoming.
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On February 19, 1993 (58 FR 9248), the EPA promulgated ``Standards
for the Use or Disposal of Sewage Sludge'' (40 CFR part 503) and made
revisions to the NPDES regulations to include the permitting of
facilities/operations that generate, treat, and/or use/dispose of
sewage sludge. The States of South Dakota and Utah currently are the
only States in Region 8 that have been authorized to administer the
biosolids (sludge) program. In 2007 EPA reissued general permits for
facilities or operations that generate, treat, and/or use/dispose of
sewage sludge by means of land application, landfill, and surface
disposal in the States of CO, MT, ND, and WY and in Indian country in
the States of CO, MT, ND, SD, WY and UT (except for the Goshute Indian
Reservation and the Navajo Indian Reservation). Those general permits
expired on October 19, 2012, but were administratively extended.
Proposed reissuance of the general permits was published in the Federal
Register on January 4, 2013 (78 FR 727). The public comment period
closed on February 19, 2013. Only one comment was received in response
to the public notice, a letter from the South Dakota Department of
Agriculture. That letter stated ``In response, we offer no comments
regarding the notice.'' Accordingly, the permits are being reissued
without any change from the public notice draft.
The renewal permits are very similar to the previous permits. The
administrative burden for most of the regulated sources is expected to
be less under the general permits than with individual permits, and it
will be much quicker to obtain permit coverage with general permits
than with individual permits. Facilities or operations that incinerate
sewage sludge are not eligible for coverage under these general permits
and must apply for an individual permit. The deadlines for applying for
coverage under the general permits are given in the permits and the
Fact Sheet. Facilities/operations that had coverage under the previous
general permit and have submitted a timely request for coverage under
this renewal permit are covered automatically under the permits unless
the permit issuing authority requires the submittal of a new notice of
intent (NOI).
Other Legal Requirements
Section 401(a)(1) Certification: Since these permits do not involve
discharges to waters of the United States, certification under Sec.
401(a)(1) of the Clean Water Act is not necessary for the issuance of
these permits and certification will not be requested.
Economic Impact (Executive Order 12866): The 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.
Paperwork Reduction Act: The 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 the 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: April 2, 2013.
Derrith R. Watchman-Moore,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance.
[FR Doc. 2013-10050 Filed 4-26-13; 8:45 am]
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