[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59975-59977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27825]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-8]


Proposed Reissuance of the NPDES General Permit for Concentrated 
Animal Feeding Operations (CAFOs) Located in the State of Idaho 
(IDG010000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES general permit reissuance.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10 
proposes to reissue the National Pollutant Discharge Elimination System 
(NPDES) General Permit for Concentrated Animal Feeding Operations 
(CAFOs) in the State of Idaho (permit), including Indian Country. As 
proposed, all animal feeding operations (AFOs) that meet the regulatory 
definition of a CAFO, discharge or propose to discharge, and are 
subject to 40 CFR Part 412 are eligible for coverage under the permit. 
Eligible CAFOs may apply for authorization under the terms and 
conditions of the permit by submitting a Notice of Intent (NOI) and 
nutrient management plan (NMP). Upon receipt, EPA will review the NOI 
and NMP to ensure that all permit requirements are met. If EPA makes a 
preliminary determination that the NOI is complete, the NOI, NMP, and 
draft terms of the NMP to be incorporated into the permit will be made 
available for a thirty (30) day public review and comment period. If 
determined appropriate by EPA, CAFOs will be granted coverage under the 
permit upon written notification by EPA.
    Public Comment: EPA will be accepting public comments on the 
permit. Interested persons may submit written comments on the permit to 
the attention of Nicholas Peak at the address below. Copies of the 
permit and fact sheet are available upon request. These

[[Page 59976]]

documents may also be downloaded from the Region 10 Web site at: http://yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage. All 
comments must include the name, address, and telephone number of the 
commenter and a concise statement of comment and the relevant facts 
upon which it is based. Comments of either support or concern which are 
directed at specific, cited permit requirements are appreciated. After 
the expiration date of the Public Notice on January 19, 2010, the 
Director, Office of Water and Watersheds, EPA Region 10, will consider 
all comments before making a final determination with respect to 
issuance of the permit.

DATES: Comments must be received by January 19, 2010.

ADDRESSES: Comments should be sent to: Director, Office of Water and 
Watersheds, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, M/S OWW-
130, Seattle, Washington 98101. Comments may also be submitted via e-
mail to the following address: [email protected].

Public Meetings Dates and Locations

    The public is invited to attend one of three public informational 
meetings that EPA is hosting to provide information on the permit and 
to answer any questions concerning the permit. These public meetings 
are not public hearings as set forth in 40 CFR 124.12. The 
informational meetings will be held at the following dates/locations: 
Idaho Department of Fish and Wildlife, South Regional Office, 1345 
Barton Road, Pocatello, ID 83204, December 8, 2009, 1 p.m.-5 p.m.; 
Idaho Department of Fish and Game, Magic Valley Regional Office, 324 
South 417 East, 1, Jerome, ID 83338, December 9, 2009, 10 
a.m.-2 p.m.; Idaho Department of Fish and Game, Southwest Regional 
Office, 3101 S. Powerline Road, Nampa, ID 83686, December 10, 2009, 10 
a.m.-2 p.m.

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Mr. Nicholas Peak at the following address/phone number: 
U.S. EPA, Region 10, Idaho Operations Office, 1435 N. Orchard Street, 
Boise, Idaho 83706; Telephone: (208) 378-5765. In addition, additional 
information is available on the EPA Region 10 Web site at: http://yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage.

SUPPLEMENTARY INFORMATION: An existing permit, NPDES Permit No. 
IDG010000 (existing permit), was previously reissued on May 27, 1999 
and expired on May 27, 2002. The existing permit was administratively 
extended and will remain in effect until a new permit is reissued for 
those discharges which were covered at the time of expiration. The 
existing permit authorizes discharges of process wastewater from all 
operations classified as a CAFO in the State of Idaho. EPA proposes to 
replace the existing permit with the permit numbered as IDG010000. The 
permit adds additional requirements contained in the revised CAFO 
regulations at 40 CFR parts 122 and 412 which were published in the 
Federal Register at 73 FR 70418 (November 20, 2008.) The permit adds 
new requirements relating to NMPs for permitted CAFOs. CAFO owners or 
operators were required to develop and implement NMPs under the 2003 
rule; the 2008 rule now requires CAFO owners or operators to submit 
their facility's NMPs along with the NOI. EPA Region 10, as the 
permitting authority, will review the NMPs submitted with the NOIs and 
will establish the terms of the NMP that are enforceable elements of 
the permit. EPA Region 10 will provide the public with an opportunity 
for meaningful review and comment on the NMPs and the terms of the NMPs 
will be incorporated into the permit.
    Regulated entities. The permit regulates discharges from CAFOs 
located in the State of Idaho including Indian Country. To determine 
whether your facility, company, business, organization, etc., may be 
affected by today's action, you should carefully examine the 
applicability criteria in Part I of the permit. Questions on the 
permit's application to specific facilities may also be directed to Mr. 
Peak at the telephone number or address listed above.
    State Certification. Section 401 of the Clean Water Act, 33 U.S.C. 
1341 requires EPA to seek a certification from the State that the 
conditions of the permit are stringent enough to comply with State 
water quality standards. EPA obtained a draft certification from the 
Idaho Department of Environmental Quality (IDEQ) on October 6, 2009. 
EPA intends to seek a final certification from IDEQ prior to issuing 
the final permit. When IDEQ issues certification, it may impose more 
stringent conditions than are currently included in the permit to 
ensure compliance with State water quality standards.
    National Environmental Policy Act. The National Environmental 
Policy Act (NEPA) requires EPA to conduct an environmental review for 
new source NPDES permit actions pursuant to the Council on 
Environmental Quality (CEQ) regulations at 40 CFR Parts 1500-1508 and 
EPA's NEPA implementing regulations at 40 CFR Part 6. NEPA requirements 
must be complied with prior to allowing permit coverage of new sources 
(i.e. Large CAFOs whose construction began after April 14, 2003). New 
sources seeking permit coverage must submit an Environmental 
Information Document (EID) or Draft Environmental Assessment (EA) along 
with their Notice of Intent (NOI) and Nutrient Management Plans (NMPs) 
pursuant to the requirements at 40 CFR 6.200(g)(2) and 40 CFR Part 6, 
Subpart C.
    Endangered Species Act. Section 7 of the Endangered Species Act 
requires Federal agencies to consult with the National Marine Fisheries 
Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) if their 
actions have the potential to either beneficially or adversely affect 
any threatened or endangered species. EPA has determined that the 
permit is not likely to adversely affect any threatened or endangered 
species. The fact sheet and the permit will also be submitted to NMFS 
and USFWS for review during the public comment period. EPA will obtain 
concurrence with its determination from NMFS and USFWS prior to issuing 
the final permit.
    Executive Order 12866. The Office of Management and Budget has 
exempted this action from the review of requirements of Executive Order 
12866 pursuant to Section 6 of that order.
    Paperwork Reduction Act. The information collection requirements of 
this permit were previously approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and assigned OMB control number: 2040-0250 for 
NPDES Form 2B (NPDES permit application).
    Regulatory Flexibility Act. After review of the facts presented in 
the notice of intent, permit and fact sheet, the Administrator of EPA 
certifies, pursuant to the provisions of 5 U.S.C. 605(b), that this 
permit will not have a significant impact on a substantial number of 
small entities. Moreover, the permit reduces a significant 
administrative burden on regulated sources.
    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 RPA] on Tribal, State and 
local governments, and the permit issued today is not a ``rule'' 
subject to the RFA, and is therefore not subject to the UMRA.


[[Page 59977]]


    Dated: November 6, 2009.
Michael A. Bussell,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. E9-27825 Filed 11-18-09; 8:45 am]
BILLING CODE 6560-50-P