[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25081-25082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10050]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9806-1]


Reissuance 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.

-----------------------------------------------------------------------

SUMMARY: Region 8 of the 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 May 13, 2013.

DATES: The general permits become effective on May 13, 2013 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 May 13, 2013.

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 Email at [email protected]. The administrative 
record is available by appointment for review and copying, fee for 
copies may be required, at the EPA Region 8 offices during the hours of 
10:00 a.m. to 4:00 p.m. Monday through Friday, Federal holidays 
excluded. The final general permits, the fact sheet, and additional 
information may be downloaded from the EPA Region 8 Web page at http://www.epa.gov/region08/water/biosolids/documents.html. Please allow one 
week after date of this publication for items to be uploaded to the Web 
page.

SUPPLEMENTARY INFORMATION: The NPDES permit numbers and the areas 
covered by each general permit are listed below.

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

[[Page 25082]]

 
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.
----------------------------------------------------------------------------------------------------------------

    On February 19, 1993 (58 FR 9248), the EPA 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 States of South Dakota and Utah currently are the 
only States in Region 8 that have been authorized to administer the 
biosolids (sludge) program. In 2007 EPA reissued 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 
expired on October 19, 2012, but were administratively extended. 
Proposed reissuance of the general permits was published in the Federal 
Register on January 4, 2013 (78 FR 727). The public comment period 
closed on February 19, 2013. Only one comment was received in response 
to the public notice, a letter from the South Dakota Department of 
Agriculture. That letter stated ``In response, we offer no comments 
regarding the notice.'' Accordingly, the permits are being reissued 
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. Facilities or operations that incinerate 
sewage sludge are not eligible for coverage under these general permits 
and must apply for an individual permit. 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): The 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: The 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 the 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.

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

    Dated: April 2, 2013.
Derrith R. Watchman-Moore,
Assistant Regional Administrator, Office of Partnerships and Regulatory 
Assistance.
[FR Doc. 2013-10050 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P