[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37583-37586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16822]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9965-41-Region 10]
Public Notice of State of Idaho National Pollutant Discharge
Elimination System (NPDES) Program Submission for EPA Approval
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comment; notice of public
hearing.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
requesting comments on and will hold public hearings for the State of
Idaho's National Pollutant Discharge Elimination System (NPDES) program
application (to be referred to as the ``IPDES program application'' or
the ``application''). The Governor of the State of Idaho submitted the
application to the EPA Region 10 Administrator pursuant to section 402
of the Clean Water Act (CWA or `the Act'). With this submission, the
Idaho Department of Environmental Quality (IDEQ) seeks approval to
administer the Idaho Pollutant Discharge Elimination System (IPDES)
program regulating discharges of pollutants into waters of the United
States under its jurisdiction. The State's request includes an
implementation plan to transfer from the EPA to IDEQ the administration
of specific program components in four phases over a four-year period
beginning July 1, 2018, or upon program approval, whichever is later.
If the EPA approves the IPDES program, IDEQ will administer this
program, subject to continuing EPA oversight and enforcement authority,
in place of the NPDES program now administered by the EPA. The EPA will
retain permitting authority over all facilities that are located within
a tribal reservation and/or facilities that discharge to tribal waters.
Today, the EPA is requesting comments on the State's application and
providing notice of public hearings that will be held at locations
throughout the state. At the close of the public comment period, the
EPA will review all the public comments received and will either
approve or disapprove the State's request for program approval. If
approved, the NPDES program authority will begin to transfer from the
EPA to IDEQ on or after July 1, 2018, with the final program phase
being transferred to IDEQ on or after July 1, 2021.
DATES: Comments must be received on or before October 10, 2017.
ADDRESSES: Location of Informational Meetings and Public Hearings: EPA
Region 10 will hold five information meetings, with each followed by a
public hearing on the following dates and times. Please check the Web
site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization prior to the scheduled dates for any updates to this
information.
[[Page 37584]]
Table I-1--Locations for Informational and Public Meetings
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Informational meeting and public
hearing city/location/address/phone Date and time
number
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Idaho Falls............................
Central Public Library, 457 W September 11, 2017: Duration:
Broadway St., Idaho Falls, ID 4:00 p.m. until no later than
83402, (208) 612-8460. 8:00 p.m. (MT).
Information meeting at 4:00
p.m. until 5:30 p.m.
Hearing will begin promptly at
6:00 p.m., until testimony is
complete.
Twin Falls.............................
Twin Falls Public Library, 201 September 12, 2017: Duration:
Fourth Avenue East, Twin Falls, ID 4:00 p.m. until no later than
83301, (208) 733-2964. 8:00 p.m. (MT).
Information meeting at 4:00
p.m. until 5:30 p.m.
Hearing will begin promptly at
6:00 p.m., until testimony is
complete.
Boise..................................
Boise Public Library, 715 S Capitol September 13, 2017: Duration:
Blvd., Boise, ID 83702, (208) 972- 4:00 p.m. until no later than
8200. 8:00 p.m. (MT).
Information meeting at 4:00
p.m. until 5:30 p.m.
Hearing will begin promptly at
6:00 p.m., until testimony is
complete.
Lewiston...............................
Lewiston Community Center, 1424 September 14, 2017: Duration:
Main St., Lewiston, ID 83501, 4:00 p.m. until no later than
(208) 746-2313. 8:00 p.m. (PT).
Information meeting at 4:00
p.m. until 5:30 p.m.
Hearing will begin promptly at
6:00 p.m., until testimony is
complete.
Coeur d'Alene..........................
Coeur d'Alene Public Library, 702 September 15, 2017: Duration:
E Front Ave., Coeur d'Alene, ID 2:00 p.m. until no later than
83814, (208) 769-2315. 6:00 p.m. (PT).
Information meeting at 2:00
p.m. until 3:30 p.m.
Hearing will begin promptly at
4:00 p.m., until testimony is
complete.
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Providing Comments. The EPA will consider comments on the IPDES
program application before making a final decision. You may submit
comments by any of the following methods:
By Email: Send comments by email to [email protected],
By Mail/Hand Delivery/Courier: Deliver comment to U.S. EPA, Attn:
Idaho NPDES Comments, Office of Water and Watersheds, Mail Stop OWW-
191, 1200 Sixth Ave., Suite 900, Seattle, WA 98101-3140.
Viewing and/or Obtaining Copies of Documents. A copy of the
application and related documents may be viewed or downloaded, at no
cost, from the EPA Web site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization. Copies of documents are also available for
viewing or copying at the EPA Region 10 Library, 1200 Sixth Avenue,
Suite 900 M/S OMP-0102, Seattle, WA 98101 and at the EPA Idaho
Operations Office, 950 W Bannock, Suite 900, Boise, ID 83702 or call
208-378-5746. The R10 library is open Monday through Friday, excluding
federal holidays, 9:00 a.m.-12:00 p.m., and 1:00 p.m.-4:00 p.m. For
information about the cost of obtaining a copy or other information
refer to EPA's Web page at https://www.epa.gov/libraries/region-10-library-services or call (206) 553-1289. IDEQ will provide copies of
the application available for viewing at their Boise office and on
their Web site. The application, related documents and program
development documents can be viewed or downloaded, at no cost, from the
IDEQ Web site http://www.deq.idaho.gov/water-quality/ipdes/program-application/. The IDEQ contact is Mary Anne Nelson, IPDES Program
Manager; [email protected]; (208) 373-0291.
FOR FURTHER INFORMATION CONTACT: Visit 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].
SUPPLEMENTARY INFORMATION:
General Information
A. Does this action apply to me?
Entities potentially affected by this action are: The EPA;
territorial, and 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 I-2--Entities Potentially Affected by This Proposed Approval
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Examples of potentially affected
Category entities
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State, Territorial, and Indian States, Territories, and Indian
Tribal Governments. Tribes that provide certification
under section 401 of the CWA;
States, Territories, 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.
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If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
[[Page 37585]]
B. What action is the EPA taking?
The State of Idaho submitted a complete description of their IPDES
program and associated documents to the EPA. In accordance with CWA
section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR part
123, the EPA shall approve a submitted program unless adequate
authority does not exist as required by the CWA.
C. What is the EPA's authority for taking this action?
CWA section 402 established the NPDES permitting program and gives
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
State Permit Program Approval: Section 402 of the CWA, 33 U.S.C.
1342, created the NPDES program under which the 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 Section
402(b), 33 U.S.C. 1342(b), provides that the EPA shall approve a State
to administer its own permit program, upon the Governor's request,
provided the State has appropriate legal authority and a program
sufficient to meet the Act's requirements. The regulatory requirements
for state program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/), and subpart B provides the requirements of state
program submissions, which IDEQ refers to as the IPDES program
application.
Decision Process: Pursuant to 40 CFR 123.21 and 123.61(b), the EPA
must approve or disapprove the submitted IPDES program, which has been
determined to be complete, within 90 days of receipt, unless this
review period is extended by mutual agreement between the EPA and the
State. The State must show, among other things that it has the
authority to issue permits which comply with the Act, authority to
impose civil and criminal penalties for permit violations, and
authority to ensure that the public is given notice and an opportunity
for a hearing on each proposed permit. After the close of the public
comment period and completion of the required consultations, the
Regional Administrator for EPA Region 10 will make a decision to
approve or disapprove the IPDES program based on the requirements of
section 402 of the CWA and 40 CFR part 123. If the Regional
Administrator approves the IPDES program, the Regional Administrator
will so notify the State and sign the proposed Memorandum of Agreement
between the EPA and IDEQ (MOA). Notice would be published in the
Federal Register and, as of the date of program approval, the EPA would
suspend issuance of NPDES permits in Idaho in accordance with the
State's approved schedule to transfer NPDES program authority in
accordance with the phased implementation plan. If the Regional
Administrator disapproves the IPDES program, IDEQ will be notified of
the reasons for disapproval and of any revisions or modifications to
the program that are necessary to obtain approval. The EPA will not
make a final decision on IPDES program approval until after: (1)
Considering all public comments provided during the public comment
period and from the public hearings, and preparing a responsiveness
summary and (2) completion of government to government tribal
consultations, as requested, with federally recognized tribes in Idaho.
Informational Meetings: Informational meetings will include a
technical overview of both the federal and state programs and provide
an opportunity for question and answer. IDEQ will participate with EPA
during these meetings. Questions and answers following the
informational meeting will not be entered into the official record.
Comments for the official record must be made in accordance with the
public hearings procedures and/or submitted as written comments before
the end of the comment period.
Public Hearing Procedures. The public hearings will be conducted in
accordance with 40 CFR 124.12 and will provide interested parties with
the opportunity to give written and/or oral testimony into the official
record. The following procedures will be used at the public hearings.
(1) The Presiding Officer shall conduct the hearing in a manner which
will allow all interested persons wishing to make oral statements an
opportunity to do so; however, the Presiding Officer may inform
attendees of any time limitations during the opening statement of the
hearing. (2) Any person may submit written statements or documents for
the hearing record. (3) The transcript taken at the hearing, together
with copies of all submitted statements and documents, shall become a
part of the record submitted to the Regional Administrator. (4) The
hearing record shall be left open until the deadline for receipt of
comments specified at the beginning of this Notice to allow any person
time to submit additional written statements or to present views or
evidence tending to rebut testimony presented at the public hearing.
(5) Hearing statements may be oral or written. Written copies of oral
statements are urged for accuracy of the record and for use of the
Hearing Panel and other interested persons. Persons wishing to make
oral testimony supporting their written comments are encouraged to give
a summary of their points rather than reading lengthy written comments
verbatim into the record. All comments received by the EPA in
accordance with the instructions for `Providing Comments' by the ending
date of the comment period and/or presented at the public hearing, will
be considered by the EPA before final IPDES program approval.
IPDES Program Application Summary: By letter dated, and received by
the EPA on August 31, 2016, the Governor of Idaho submitted the IPDES
program application for program approval. The application consisted of
five main components required under 40 CFR 123.21: (1) A letter from
the governor requesting approval of the state's application, (2) a
program description that describes how the state will issue IPDES
permits, ensure compliance with permit conditions, conduct enforcement,
as well as fund and manage the program including programmatic
information and data, (3) a statement from the Attorney General's
office certifying that the state's laws and regulations provide
sufficient authority to the state to implement the discharge,
pretreatment, and biosolids components of the NPDES program, (4) a
Memorandum of Agreement (MOA) between the state and EPA which
establishes, in part, timeframes for a phased approach for the state to
assume authority, (5) copies of all applicable statutes and regulations
including those that govern the state administrative procedures, which
the state adopted to ensure the necessary authority for implementing
the IPDES program, including Idaho House Bill 406 directing IDEQ to
pursue permitting authority. IDEQ submitted their Continuing Planning
Process (CPP) as required under 40 CFR 130.5 for program approval.
Appendices to the Program Description include other IPDES program
documents including guidance, forms and templates that IDEQ will use to
implement their program.
The EPA deemed the application complete on September 30, 2016, in a
letter that also identified initial issues to be addressed before
program approval. In accordance with 40 CFR 123.21(d), IDEQ requested
to extend the statutory review period for the application until June
30, 2018. The EPA and IDEQ will use the period of time until program
approval to address issues, complete the public process, develop the
IPDES
[[Page 37586]]
program and build capacity for both permitting and enforcement
functions.
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
the EPA; and oversee the regulated activities of all IPDES-permitted
facilities. The 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 storm
sewer systems (combined and separate); construction and industrial
storm water general permits; and individual permits for storm water
discharges; sewage sludge (biosolids) under 40 CFR part 503 and the
pretreatment program under 40 CFR part 403. IDEQ's program will not
include permitting of discharges incidental to the normal operation of
a non-military, non-recreational vessel operating in a capacity as a
means of transportation; the EPA will continue to issue permits under
CWA section 402 to regulate such discharges from non-military, non-
recreational vessels greater than 79 feet in length and all ballast
water discharges.
IDEQ will assume permitting and compliance authority for the NPDES
program in four phases. The EPA will retain full permitting and
compliance authority over facilities until that authority is
transferred to IDEQ in accordance with the following schedule:
Phase I--Individual Municipal Permits and Pretreatment upon gaining
program authority (anticipated July 1, 2018).
Phase II--Individual Industrial Permits, one year after program
authorization (anticipated July 1, 2019).
Phase III--General Permits (Aquaculture, Pesticide, CAFO, Suction
Dredge, Remediation), two years after program authorization
(anticipated July 1, 2020).
Phase IV--Federal Facilities, General and Individual Stormwater
Permits and Biosolids, three years after program authorization
(anticipated July 1, 2021).
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 the application by the State of Idaho for
approval to administer the State NPDES program, in accordance with
40 CFR 123.61.
Dated: July 17, 2017.
Daniel D. Opalski,
Acting Deputy Regional Administrator, EPA, Region 10.
[FR Doc. 2017-16822 Filed 8-10-17; 8:45 am]
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