[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Page 20316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07752]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9798-1]


Final Issuance of General NPDES Permits (GP) for Small Suction 
Dredges in Idaho

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Final notice of reissuance of a general permit.

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SUMMARY: EPA is issuing a National Pollutant Discharge Elimination 
System (NPDES) General Permit (IDG-37-0000) to placer mining operations 
in Idaho for small suction dredges (intake nozzle size of 5 inches in 
diameter or a diametric equivalent or less and with equipment rated at 
15 horsepower or less). On January 22, 2010, EPA proposed the GP and 
there was a 45 day comment period. Public Informational Workshops were 
held in Grangeville, Boise, Salmon and Idaho Falls the week of February 
22. During the comment period, EPA received many comments and decided 
to make changes to the draft based on the comments received. On May 1, 
2012, EPA re-noticed the GP with a new Fact Sheet requesting new 
comments. The comment period ended on June 1, 2012.

DATES: The issuance date of the GP is April 4, 2013, the date of 
publication of this notice. The GP will be effective May 6, 2013. 
Facilities may start submitting Notices of Intent (NOI) to receive 
coverage under the GP.

ADDRESSES: Copies of the GP and Response to Comments are available upon 
request. Written requests may be submitted to EPA, Region 10, 1200 
Sixth Avenue, Suite 900, OWW-130, Seattle, WA 98101. Electronic 
requests may be mailed to: [email protected] or 
[email protected].

FOR FURTHER INFORMATION CONTACT: The GP, Fact Sheet and Response to 
Comments along with detailed maps may be found on the Region 10 Web 
site at http://yosemite.epa.gov/r10/water.nsf/npdes+permits/idsuction-gp.
    Requests by telephone may be made to Audrey Washington at (206) 
553-0523 or to Cindi Godsey at (907) 271-6561.

SUPPLEMENTARY INFORMATION: 
    EPA requested final certification under the Clean Water Act Sec.  
401 from the State of Idaho and Tribal governments. EPA received 
certification from the Idaho Department of Environmental Quality in a 
letter dated March 8, 2013 that the subject discharges comply with the 
applicable provisions of Sections 208(e), 301, 302, 306 and 307 of the 
Clean Water Act.
    EPA received letters from the Coeur d'Alene Tribe (May 23, 2012) 
and the Shoshone Bannock Tribe (March 20, 2013) denying certification. 
As a result of Tribal government-to-government consultation and 
coordination, the GP does not cover any of the five Reservations with 
land within the boundaries of the State of Idaho.
    EPA prepared a Biological Evaluation for consultation with the US 
Fish and Wildlife Service and the National Marine Fisheries Service. 
EPA received concurrence from both Services on a Not Likely to 
Adversely Affect determination.
    Executive Order 12866: The Office of Management and Budget has 
exempted this action from the review requirements of Executive Order 
12866 pursuant to Section 6 of that order.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 601 et seq., a Federal agency must prepare an initial 
regulatory flexibility analysis ``for any proposed rule'' for which the 
agency ``is required by section 553 of the Administrative Procedure Act 
(APA), or any other law, to publish general notice of proposed 
rulemaking.'' The RFA exempts from this requirement any rule that the 
issuing agency certifies ``will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' EPA has 
concluded that NPDES general permits are permits, not rulemakings, 
under the APA and thus not subject to APA rulemaking requirements or 
the RFA. Notwithstanding that general permits are not subject to the 
RFA, EPA has determined that these general permits, as issued, will not 
have a significant economic impact on a substantial number of small 
entities.

    Dated: March 28, 2013.
Daniel D. Opalski,
Director, Office of Water & Watersheds, Region 10.
[FR Doc. 2013-07752 Filed 4-3-13; 8:45 am]
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