[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Notices]
[Pages 65509-65511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18850]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8240-8]


Water Pollution Control; Approval of Modification to Michigan's 
Approved National Pollutant Discharge Elimination System Permitting 
Program To Administer a Partial State Sewage Sludge Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; approval of application.

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SUMMARY: On September 28, 2006, pursuant to Section 402(b) of the Clean 
Water Act (CWA), the Acting Regional Administrator for EPA, Region 5, 
approved the State of Michigan's modification of its existing National 
Pollutant Discharge Elimination System (NPDES) program to include the 
administration and enforcement of a partial state sewage sludge 
(biosolids) management program where it has jurisdiction.

FOR FURTHER INFORMATION CONTACT: John Colletti, at (312) 886-6106, 
NPDES Programs Branch, (WN-16J), EPA, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590, or electronically at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we'', ``us'', or 
``our'' means EPA.

Table of Contents

I. Introduction
II. Was notice provided seeking public comments on Michigan's 
program submittal?
III. Was a public hearing held?
IV. Did EPA receive any public comments?
V. Does EPA's approval affect Indian Country in Michigan?
VI. Conclusion
VII. Federal Register Notice of Approval of State NPDES Programs or 
Modifications
VIII. Administrative Requirements
    A. National Historic Preservation Act
    B. Other Provisions

I. Introduction

    Michigan's application to modify its existing NPDES program to 
administer and enforce a partial state biosolids management program was 
submitted on March 28, 2002. Specifically, the state sought approval of 
a biosolids management program which addresses the land application of 
biosolids. On April 21, 2005, the state amended its submittal limiting 
the state's request to the activity mentioned above within the state 
except if that activity occurs within ``Indian Country'' as defined in 
18 U.S.C. 1151 and applicable case law. The state's biosolids 
management program does not extend to Indian Country, and will not 
include lands within the exterior boundaries of Indian reservations 
within or abutting the State of Michigan. Michigan did not seek 
approval for the surface disposal of biosolids, the landfilling of 
biosolids, the incineration of biosolids, or the land application of 
domestic septage. The biosolids management program is administered by 
the Michigan Department of Environmental Quality (MDEQ). Modifications 
were made to the program submittal based on discussions between EPA and 
MDEQ. These modifications are part of the record of the program 
application and review process.

II. Was notice provided seeking public comments on Michigan's program 
submittal?

    Michigan's application was described in the August 4, 2006, Federal 
Register at Vol. 71, No. 150, pages 44291 to 44294, in which EPA 
requested public comments for a period of 45 days. Further notice was 
provided by way of publication in the following newspaper on August 4, 
2006: The Bay City Times; The Flint Journal; The Traverse City Record-
Eagle; The Grand Rapids Press; The Lansing State Journal; The Ann Arbor 
News, and; The Mining Journal (Marquette) in an effort to get wide 
coverage throughout the state. Additionally, notices were sent to all 
known Michigan NPDES permitted facilities that would be impacted by the 
program and to people or organizations that MDEQ determined might have 
an interest in the program application. Copies of MDEQ's application 
package were available for public review at the EPA Region 5 Office and 
at MDEQ's district offices.

III. Was a public hearing held?

    A public hearing was not held. The above notice explained that a 
hearing had not been scheduled and how a hearing could be requested. 
EPA will hold a public hearing whenever the Regional Administrator 
finds, on the basis of requests, a significant degree of public 
interest. No request for a hearing was received during the public 
comment period and therefore, no hearing was held.

IV. Did EPA receive any public comments?

    Pursuant to the public notice, we would accept written comments 
from the public postmarked on or before September 18, 2006. During the 
comment period, no comments were received.

[[Page 65510]]

V. Does EPA's approval affect Indian Country in Michigan?

    MDEQ did not seek approval to administer and enforce the state 
biosolids management program for activities occurring in Indian 
Country. Our approval does not authorize MDEQ to carry out its 
biosolids management program in ``Indian Country,'' as defined in 18 
U.S.C. 1151 and applicable case law. Indian Country includes:
    1. All lands within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    Therefore, our approval of the state's sewage sludge management 
program will have no effect in Indian Country where EPA continues to 
implement and administer the NPDES program.

 VI. Conclusion

    The Michigan Department of Environmental Quality has demonstrated 
that it adequately meets the requirements for program modification to 
include biosolids management (specifically, the land application of 
biosolids) as defined in the Clean Water Act and 40 CFR parts 123, 501, 
and 503.
    At this time, EPA is withholding authorization to administer the 
biosolids management program for the surface disposal of biosolids, the 
landfilling of biosolids, the incineration of biosolids, the land 
application of domestic septage, and activities occurring in Indian 
Country, as mentioned above.

VII. Federal Register Notice of Approval of State NPDES Programs or 
Modifications

    EPA must provide Federal Register notice of any action by the 
Agency approving or modifying a State NPDES program. The following 
table will provide the public with an up-to-date list of the status of 
NPDES permitting authority throughout the country. Today's Federal 
Register notice is to announce the approval of Michigan's authority to 
administer the sewage sludge management program.

                                           State NPDES Program Status
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                                                    Approved to                      Approved        Approved
                                  Approved State     regulate     Approved State      general         sludge
              State                NPDES permit       Federal      pretreatment       permits       management
                                      program       facilities        program         program         program
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Alabama.........................        10/19/79        10/19/79        10/19/79        06/26/91  ..............
Arizona.........................        12/05/02        12/05/02        12/05/02        12/05/02        04/01/04
Arkansas........................        11/01/86        11/01/86        11/01/86        11/01/86  ..............
California......................        05/14/73        05/05/78        09/22/89        09/22/89  ..............
Colorado........................        03/27/75  ..............  ..............        03/04/82  ..............
Connecticut.....................        09/26/73        01/09/89        06/03/81        03/10/92  ..............
Delaware........................        04/01/74  ..............  ..............        10/23/92  ..............
Florida \1\.....................        05/01/95        05/01/00        05/01/95        05/01/95  ..............
Georgia.........................        06/28/74        12/08/80        03/12/81        01/28/91  ..............
Hawaii..........................        11/28/74        06/01/79        08/12/83        09/30/91  ..............
Illinois........................        10/23/77        09/20/79  ..............        01/04/84  ..............
Indiana.........................        01/01/75        12/09/78  ..............        04/02/91  ..............
Iowa............................        08/10/78        08/10/78        06/03/81        08/12/92  ..............
Kansas..........................        06/28/74        08/28/85  ..............        11/24/93  ..............
Kentucky........................        09/30/83        09/30/83        09/30/83        09/30/83  ..............
Louisiana.......................        08/27/96        08/27/96        08/27/96        08/27/96  ..............
Maine...........................        01/12/01        01/12/01        01/12/01        01/12/01  ..............
Maryland........................        09/05/74        11/10/87        09/30/85        09/30/91  ..............
Michigan........................        10/17/73        12/09/78        04/16/85        11/29/93        09/28/06
Minnesota.......................        06/30/74        12/09/78        07/16/79        12/15/87  ..............
Mississippi.....................        05/01/74        01/28/83        05/13/82        09/27/91  ..............
Missouri........................        10/30/74        06/26/79        06/03/81        12/12/85  ..............
Montana.........................        06/10/74        06/23/81  ..............        04/29/83  ..............
Nebraska........................        06/12/74        11/02/79        09/07/84        07/20/89  ..............
Nevada..........................        09/19/75        08/31/78  ..............        07/27/92  ..............
New Jersey......................        04/13/82        04/13/82        04/13/82        04/13/82  ..............
New York........................        10/28/75        06/13/80  ..............        10/15/92  ..............
North Carolina..................        10/19/75        09/28/84        06/14/82        09/06/91  ..............
North Dakota....................        06/13/75        01/22/90        09/16/05        01/22/90  ..............
Ohio............................        03/11/74        01/28/83        07/27/83        08/17/92        03/16/05
Oklahoma........................        11/19/96        11/19/96        11/19/96        09/11/97        11/19/96
Oregon..........................        09/26/73        03/02/79        03/12/81        02/23/82  ..............
Pennsylvania....................        06/30/78        06/30/78  ..............        08/02/91  ..............
Rhode Island....................        09/17/84        09/17/84        09/17/84        09/17/84  ..............
South Carolina..................        06/10/75        09/26/80        04/09/82        09/03/92  ..............
South Dakota....................        12/30/93        12/30/93        12/30/93        12/30/93        10/22/01
Tennessee.......................        12/28/77        09/30/86        08/10/83        04/18/91  ..............
Texas...........................        09/14/98        09/14/98        09/14/98        09/14/98        09/14/98
Utah............................        07/07/87        07/07/87        07/07/87        07/07/87        06/14/96
Vermont.........................        03/11/74  ..............        03/16/82        08/26/93  ..............
Virgin Islands..................        06/30/76  ..............  ..............  ..............  ..............
Virginia........................        03/31/75        02/09/82        04/14/89        04/20/91  ..............
Washington......................        11/14/73  ..............        09/30/86        09/26/89  ..............
West Virginia...................        05/10/82        05/10/82        05/10/82        05/10/82  ..............
Wisconsin.......................        02/04/74        11/26/79        12/24/80        12/19/86        07/28/00

[[Page 65511]]

 
Wyoming.........................        01/30/75        05/18/81  ..............        09/24/91  ..............
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    Totals......................              46              41              35              44             08
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Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits) = 33.
Number of authorized Sludge Management Programs = 8.
\1\ The Florida authorizations of 05/01/95 represent a phased NPDES program authorization to be completed by the
  year 2000.

VIII. Administrative Requirements

A. National Historic Preservation Act

    Section 106 of the National Historic Preservation Act (NHPA), 16 
U.S.C. 470(f), requires Federal agencies to take into account the 
effects of their undertakings on historic properties and to provide the 
Advisory Council on Historic Preservation (ACHP) an opportunity to 
comment on such undertakings. Under the ACHP's regulations (36 CFR part 
800), agencies consult with the appropriate State Historic Preservation 
Officer (SHPO) on federal undertakings that have the potential to 
affect historic properties listed or eligible for listing in the 
National Register of Historic Places.
    By letter dated June 19, 2006, we requested concurrence from the 
SHPO that approval of MDEQ to implement a biosolids management program 
would not have an adverse impact on historical and archeological 
resources. After discussions with SHPO staff, it was concluded that 
concurrence was not needed because our action is not an undertaking as 
the Michigan SHPO would interpret it. It is still believed that program 
approval will have no effect on historic or archeological resources 
within the State of Michigan because the transferring of the program is 
an administrative act.

B. Other Provisions

    Based on General Counsel Opinion 78-7 (April 18, 1978), EPA has 
long considered a determination to approve or deny a State Clean Water 
Act (CWA) program submission to constitute an adjudication because an 
``approval,'' within the meaning of the Administrative Procedure Act 
(APA), constitutes a ``license,'' which, in turn, is the product of an 
``adjudication.'' For this reason, the statutes and Executive Orders 
that apply to rulemaking action are not applicable here.

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

    Dated: October 6, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. E6-18850 Filed 11-7-06; 8:45 am]
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