[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21098-21099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8495]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9656-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing notice of availability of the final National Pollutant 
Discharge Elimination System (NPDES) general permit (IDG010000), 
authorizing discharges from CAFOs in Idaho including CAFOs in Indian 
Country. Unless excluded from coverage in the general permit, owners/
operators of animal feeding operations that are defined as CAFOs, or 
designated as CAFOs by the permitting authority, are eligible for 
coverage under the general permit.

DATES: The NPDES general permit shall become effective May 9, 2012. 
Facilities must submit a new updated Notice of Intent (NOI) to 
discharge within 90 days of the effective date of this permit. 
Facilities that have administratively extended coverage under the 
previous general permit will continue to have coverage under the 
previous permit for 90 days after the effective date of this general 
permit or until obtaining coverage under the new general permit for 
those discharges. The CAFO's authorization is only for discharges that 
occur after permit coverage is granted.

ADDRESSES: The general permit, Fact Sheet and Response to Comments may 
be found on the Region 10 Web site at: http://www.epa.gov/region10/water/npdes/generalpermits.html. Copies of the general permit and 
Response to Comments are available upon request. Written requests for 
copies of the documents may be submitted to EPA, Region 10, 1200 Sixth 
Avenue, Suite 900, OWW-130, Seattle, WA 98101. Electronic requests may 
be sent to: [email protected] or [email protected]. 
Requests by telephone may be made to Audrey Washington at (206) 553-
0523.

FOR FURTHER INFORMATION CONTACT: Nicholas Peak at (208) 378-5765.

SUPPLEMENTARY INFORMATION: 

Additional Background

    On May 27, 2002, the previous NPDES general permit expired and was 
administratively extended. Pursuant to section 402 of the Clean Water 
Act, 33 U.S.C. 1342, the EPA proposed to reissue the general permit and 
solicited comments on the draft general permit in the Federal Register 
on November 16, 2009. The comment period ended on January 19, 2010. 
Public meetings were held in Pocatello, Jerome, and Nampa, Idaho on 
December 8th, 9th and 10th, 2009, respectively. Changes have been made 
from the draft permit to the final permit in response to comments 
received from: Canyon County Alliance for Responsible Growth, Idaho 
Concerned Area Residents for the Environment, Idaho Cattle Association, 
Idaho Conservation League, Idaho Dairyman's Association, Jean Public, 
Jerome County Planning and Zoning, J.R. Simplot Company, Natural 
Resources Conservation Service--Boise Idaho State of Idaho--Department 
of Agriculture, and Whatcom Conservation District.

State Certification

    Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on 
February 1, 2012, the Idaho Department of Environmental Quality (IDEQ) 
certified that the conditions of the general permit comply with the 
Idaho State Water Quality Standards, including the State's 
antidegradation policy.

Endangered Species Act (ESA)

    EPA completed a Biological Evaluation for the general permit and 
engaged in informal Section 7 consultation with the U.S. Fish and 
Wildlife Service (USFWS) and the National Marine Fisheries Service 
(NMFS). EPA received concurrence in October 2011 from both agencies on 
EPA's determination that the permit is not likely to adversely affect 
threatened or endangered species and the associated critical habitat. 
The permit provides coverage only if the CAFO's discharge will not 
adversely affect species that are federally listed as endangered or 
threatened under ESA and will not result in the adverse modification or 
destruction of habitat that is designated as critical habitat under 
ESA.

Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive

[[Page 21099]]

Order 12866 and is therefore not subject to Office of Management and 
Budget (OMB) review.

Paperwork Reduction Act

    The information collection requirements of this general permit were 
previously approved by the OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).

The Regulatory Flexibility Act (RFA)

    5 U.S.C. 601 et seq., 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. However, general NPDES permits are not ``rules'' subject to 
the requirements of 5 U.S.C. 553(b), and are 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, and local governments and the 
private sector. However, the general permit issued today is not a 
``rule'' subject to the RFA, and is therefore not subject to the UMRA.

Appeal of Permit

    Any interested person may appeal the general permit 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 permit effective date. Persons affected by the permit may 
not challenge the conditions of the permit in further EPA proceedings 
(see 40 CFR 124.19). Instead, they may either challenge the permit in 
court or apply for an individual NPDES permit.

    Dated: March 29, 2012.
Michael A. Bussell,
Director, Office of Water and Watersheds, Region 10, U.S. Environmental 
Protection Agency.
[FR Doc. 2012-8495 Filed 4-6-12; 8:45 am]
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