[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Notices]
[Pages 58382-58384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29160]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6172-1]


Issuance of NPDES General Permits for Wastewater Lagoon Systems 
Located On Indian Reservations in MT, ND, SD, and UT

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit decision--issuance of NPDES general 
permits.

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SUMMARY: Region VIII of EPA is hereby giving notice of its issuance of 
National Pollutant Discharge Elimination System (NPDES) general permits 
for wastewater lagoon systems located on Indian Reservations in the 
States of MT, ND, SD, and UT, and treating primarily domestic 
wastewater. The use of wastewater lagoon systems is the most common 
method of treating municipal wastewater and domestic wastewater from 
isolated housing developments, schools, etc., on the Indian 
Reservations in those states. Region VIII will be using general permits 
instead of individual permits for permitting the discharges from many 
of those facilities in order to reduce the Region's administrative 
burden of issuing separate individual permits. The administrative 
burden for the regulated sources is expected to be about the same under 
the general permits as with individual permits, but it will be much 
quicker to obtain permit coverage with general permits than with 
individual permits. The discharge

[[Page 58383]]

requirements would be essentially the same with an individual permit or 
under the general permit. A separate general permit will cover the 
aforementioned facilities within the exterior boundaries of a single 
reservation.

DATES: These general permits shall be effective on December 1, 1998, 
and expire at midnight on September 30, 2003.

ADDRESSES: The public record is located at EPA Region 8, and is 
available upon written request. Requests for copies of the public 
record, including a complete copy of response to comments and the 
general permit should be addressed to William Kennedy, STATE ASSISTANCE 
PROGRAM (8P-SA); ATTENTION: NPDES PERMITS; U.S. EPA, REGION VIII; 999 
18TH STREET, SUITE 500; DENVER, CO 80202-2466. Copies of the permit and 
Fact Sheet may also be downloaded from the EPA Region VIII web page at 
hhtp://www.epa.gov/region08/html/npdes/lagoons.html.

FOR FURTHER INFORMATION CONTACT: Questions regarding the specific 
permit requirements may be directed to Bruce Kent, telephone (303) 312-
6133.

SUPPLEMENTARY INFORMATION: General permits will be issued for 
discharges from wastewater lagoon systems located on the following 
Indian Reservations:

------------------------------------------------------------------------
                Permit No.                       Indian reservation
------------------------------------------------------------------------
Montana:
    MTG581###.............................  Blackfeet Indian
                                             Reservation;
    MTG582###.............................  Crow Indian Reservation;
    MTG583###.............................  Flathead Indian Reservation;
    MTG584###.............................  Fort Belknap Indian
                                             Reservation;
    MTG585###.............................  Fort Peck Indian
                                             Reservation;
    MTG586###.............................  Northern Cheyenne Indian
                                             Reservation; and,
    MTG587###.............................  Rocky Boy's Indian
                                             Reservation.
North Dakota:
    NDG581###.............................  Fort Berthold Indian
                                             Reservation;
    NDG582###.............................  Fort Totten Indian
                                             Reservation--Also known as
                                             Devils Lake Indian
                                             Reservation;
    NDG583###.............................  Standing Rock Indian
                                             Reservation--Includes the
                                             entire Reservation, which
                                             is located in both North
                                             Dakota and South Dakota;
                                             and,
    NDG584###.............................  Turtle Mountain Indian
                                             Reservation.
South Dakota:
    SDG581###.............................  Cheyenne River Indian
                                             Reservation;
    SDG582###.............................  Crow Creek Indian
                                             Reservation;
    SDG583###.............................  Flandreau Indian
                                             Reservation;
    SDG584###.............................  Lower Brule Indian
                                             Reservation;
    SDG585###.............................  Pine Ridge Indian
                                             Reservation--Includes the
                                             entire Reservation, which
                                             is located in both South
                                             Dakota and Nebraska; and,
    SDG586###.............................  Rosebud Indian Reservation.
Utah:
    UTG581###.............................  Northern Shoshoni Indian
                                             Reservation;
    UTG582###.............................  Paiute Indian Reservations--
                                             several very small
                                             reservations, including
                                             Cedar City, Indian Peaks,
                                             Kanosh, Koosharem, and
                                             Shivwits, located in the
                                             southwest quarter of Utah;
    UTG583###.............................  Skull Valley Indian
                                             Reservation; and,
    UTG584###.............................  Uintah and Ouray Indian
                                             Reservation.
------------------------------------------------------------------------

    General permits are not being issued for the portions of the Navajo 
Indian Reservation and the Goshutes Indian Reservation in Utah since 
the permitting activities for these reservations are done by Region IX 
of EPA. Also, general permits are not being issued for the Southern Ute 
Indian Reservation located in the State of Colorado and the Ute 
Mountain Indian Reservation located in the States of Colorado, New 
Mexico, and Utah because of water quality concerns in the San Juan 
River Basin portion of the Colorado River Basin. Because of comments 
received, a general permit will not be issued on the Wind River Indian 
Reservation in Wyoming.
    With the exception of the general permit for the Flathead Indian 
Reservation, coverage under the general permits will be limited to 
lagoon systems treating primarily domestic wastewater and will include 
the following three categories: (1) lagoons where no permission is 
required before starting to discharge; (2) permission is required 
before starting to discharge; and (3) the lagoon system is required to 
have no discharge except in accordance with the bypass provisions of 
the permit. Coverage under the general permit for the Flathead Indian 
Reservation coverage is limited to category 3 lagoon systems that are 
required to have no discharge except in accordance with the bypass 
provisions of the permit. The limited coverage is a condition of 
certification by the Confederated Salish and Kootenai Tribes of the 
Flathead Nation. The following facilities on the Flathead Indian 
Reservation will not be eligible for coverage under the general permit: 
Charlo Water and Sewer District (MT-0022551), Town of Hot Springs (MT-
0020591), City of Polson (MT-0020559), City of Ronan (MT-0021474), Town 
of St. Ignatius (MT-0020524), Salish & Kootenai Housing Authority-St. 
Ignatius Southside (MT-0029017), Montana Department of Fish Wildlife 
and Parks-Jocko Fish Hatchery (no permit), and SKHA-Woodcock Homesites 
(no permit). The effluent limitations for lagoons coming under 
categories 1 and 2 are based on the Federal Secondary Treatment 
Regulation (40 CFR part 133) and best professional judgement (BPJ). 
There are provisions in the general permits for adjusting the effluent 
limitations on total suspended solids (TSS) and pH in accordance with 
the provisions of the Secondary Treatment Regulation. If more stringent 
and/or additional effluent limitations are considered necessary to 
comply with applicable water quality standards, etc., those limitations 
may be imposed by written notification to the permittee. Lagoon systems 
under category 3 are required to have no discharge except in accordance 
with the bypass provisions of the permit. Self-monitoring requirements 
and routine inspection requirements are included in all

[[Page 58384]]

permits. Based on comments received, monitoring requirements for 
category 3 facilities were increased to three times per week during the 
first week of discharge and once per week thereafter. If the discharge 
lasts less than one week in duration, three samples must be collected, 
i.e. beginning, middle, and end of discharge.
    With the exception of the Flathead Indian Reservation and the Fort 
Peck Indian Reservation, where the Tribes have Clean Water Act section 
401(a)(1) certification authority, EPA has certified that the permit 
complies with the applicable provisions of the Clean Water Act so long 
as the permittees comply with all permit conditions. The permits will 
be issued for a period of five years, with the permit effective date of 
December 1, 1998 and an expiration date of September 30, 2003.
    Economic Impact (Executive Order 12866): 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: 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. 3501 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) as amended by the Small Business Regulatory 
Enforcement Fairness Act (SBREFA): After review of the facts present in 
the notice printed above, I hereby certify pursuant to the provisions 
of 5 U.S.C. 605(b) that these general permits will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: October 20, 1998.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Partnerships and Regulatory 
Assistance.
[FR Doc. 98-29160 Filed 10-29-98; 8:45 am]
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