[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57031-57032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19704]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8477-3]


Issuance 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 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 October 19, 2007.
    The NPDES permit numbers and the areas covered by each general 
permit are listed below.

------------------------------------------------------------------------
                                                     Area covered by the
          State                   Permit No.            general permit
------------------------------------------------------------------------
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.
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.
------------------------------------------------------------------------


DATES: The general permits become effective on October 19, 2007 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 October 
19, 2007.

ADDRESSES: The administrative record is available by appointment for 
review and copying at the EPA Region 8 offices during the hours of 10 
a.m. to 4 p.m. Monday through Friday, Federal holidays excluded. To 
make an appointment to look at or copy the documents call Ellen Bonner 
at 303-312-6371 or Bob Brobst at 303-312-6129. The Region 8 offices are 
located at 1595 Wynkoop Street, Denver, CO 80202-1129. A reasonable fee 
may be charged for copying.

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 E-mail at [email protected]. The final general 
permits, the fact sheet, Response to Comments, and additional 
information may be downloaded from the EPA Region 8 Web page at http://www.epa.gov/region08/biosolids. Please allow one week after date of 
this publication for items to be uploaded to the Web page. Copies of a 
specific general permit, the fact sheet, and/or Response to Comments 
may also be obtained by writing Ellen Bonner at the above address or 
telephone 303-312-6371.

SUPPLEMENTARY INFORMATION: On February 19, 1993 (58 FR 9248), the EPA

[[Page 57032]]

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 503 regulations were amended on 
August 4, 1999 (64 FR 42551). 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. The State of Colorado has 
not been authorized permitting authority for Federal facilities. In 
2002 EPA issued 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 expire on August 16, 2007. Proposed 
reissuance of the general permits was published in the Federal Register 
on July 3, 2007 (72 FR 36453). The public comment period closed on 
August 2, 2007. A summary of each comment received and Region 8's 
response to the comments are given in a separate document, ``Response 
to Comments on Reissuance of Region 8 Biosolids General Permits in 
2007.'' To obtain a copy of the Response to Comments See FOR FURTHER 
INFORMATION CONTACT: above. None of the comments resulted in a change 
to the general permits as proposed. Accordingly, the permits are being 
issued 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. The substantive permit requirements would 
be essentially the same with an individual permit or under the general 
permit. Facilities or operations that incinerate sewage sludge are not 
eligible for coverage under these general permits and must apply for an 
individual permit. Wastewater lagoon systems that are not using/
disposing of sewage sludge do not need to apply for permit coverage 
unless notified by the permit issuing authority. 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): 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. 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 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.
    Appeal of Permit: Any interested person may appeal the general 
permits in the Federal Court of Appeals in accordance with Section 
509(b)(1) of the Clean Water Act (33 U.S.C. 1369(b)(1)). This appeal 
must be filed within 120 days of the effective date of the permit. 
Persons affected by a general NPDES permit may not challenge the 
conditions of the permit as a right of further EPA proceedings (see 40 
CFR 124.19). Instead, they may either challenge the permit in court or 
apply for an individual permit and then request a formal hearing on the 
issuance or denial on an individual permit.

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

    Dated: September 18, 2007.
Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and Regulatory 
Assistance.
 [FR Doc. E7-19704 Filed 10-4-07; 8:45 am]
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