[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18684-18686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07460]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9909-06-Region 10]


Proposed Reissuance of NPDES General Permit for Groundwater 
Remediation Discharge Facilities in Idaho (Permit Number IDG911000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed reissuance of NPDES General Permit and 
request for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes 
to reissue a National Pollutant Discharge Elimination System (NPDES) 
General Permit for Groundwater Remediation Discharge Facilities in 
Idaho (GWGP). As proposed, the GWGP authorizes the discharge of 
groundwater from remediation sites to Waters of the U.S. within the 
State of Idaho from both facilities with existing coverage and new 
facilities interested in seeking coverage. The draft GWGP contains 
technology-based and water quality-based effluent limitations for 
conventional and toxic water quality pollutants, along with 
administrative reporting and monitoring requirements, as well as 
standard conditions, prohibitions, and management practices. A fact 
sheet is available that explains the draft GWGP in detail.
    Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires EPA to 
seek a certification from the State of Idaho that the conditions of the 
GWGP are stringent enough to comply with State water quality standards. 
The Idaho Department of Environmental Quality (IDEQ) has provided a 
draft certification that the draft GWGP complies with State of Idaho 
Water Quality Standards (IDAPA 58.01.02), including the State's 
antidegradation policy. EPA intends to seek a final certification from 
IDEQ prior to issuing the final GWGP. This is also notice of the draft 
Sec.  401 certification provided by IDEQ. Persons wishing to comment on 
the draft State certification should send written comments to Ms. 
Miranda Adams; Idaho Department of Environmental Quality, State Office, 
Surface Water Program; 1410 North Hilton Street; Boise, Idaho 83706 or 
via email to [email protected]

DATES: The public comment period for the draft GWGP will be from the 
date of publication of this Notice until May 19, 2014. Comments must be 
received or postmarked by no later than midnight Pacific Standard Time 
on May 19, 2014. All comments related to the draft GWGP and Fact Sheet 
received by EPA Region 10 by the comment deadline will be considered 
prior to issuing the final GWGP.
    Submitting Comments: You may submit comments by any of the 
following methods. All comments must include the name, address, and 
telephone number of the commenter.
    Mail: Send paper comments to Ms. Jill Nogi, Office of Water and 
Watersheds; USEPA Region 10; 1200 6th Ave, Suite 900, OWW-130; Seattle, 
Washington 98101.
    Email: Send electronic comments to [email protected]. Make sure to 
write ``Comments on the Draft Idaho Groundwater Remediation General 
Permit'' in the subject line.
    Fax: Fax comments to the attention of Jill Nogi at (206) 553-0165.
    Hand Delivery/Courier: Deliver comments to Jill Nogi, EPA Region 
10, Office of Water and Watersheds, Mail Stop OWW-130, 1200 6th Avenue, 
Suite 900, Seattle, WA 98101-3140. Call (206) 553-0523 before delivery 
to verify business hours.
    Viewing and/or Obtaining Copies of Documents. A copy of the draft 
GWGP and the Fact Sheet, which explains the proposal in detail, may be 
obtained by contacting EPA at 1 (800) 424-4372.

[[Page 18685]]

Copies of the documents are also available for viewing and downloading 
at: http://yosemite.epa.gov/r10/water.nsf/NPDES+Public+Notices/id_gwgp_pn_2014. Requests may also be made to Audrey Washington at (206) 
553-0523 or [email protected].
    Public Informational Meeting: May 1, 2014; 11:00 a.m.--1:00 p.m.; 
in Boise, Idaho; at the Banner Building, 950 W. Bannock Street, 2nd 
Floor Conference Room. Presentation on the Draft GWGP from 11:00 a.m.-
11:30 a.m., Q & A from 11:30 a.m.-12:30 p.m. Conference Call-In Number 
from 11:30 a.m.-12:30 p.m.; 1-866-299-3188; conference code 
2065530775 . Open House from 12:30 p.m.-1:00 p.m.
    Public Hearing: Persons wishing to request a public hearing should 
submit their written request by May 19, 2014 stating the nature of the 
issues to be raised as well as the requester's name, address, and 
telephone number to Jill Nogi at the address above. If a public hearing 
is scheduled, notice will be published in the Federal Register. Notice 
will also be posted on the Region 10 Web site, and will be mailed to 
all interested persons receiving letters of the availability of the 
Draft GWGP.

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Jill Nogi, Office of Water and Watersheds, U.S. 
Environmental Protection Agency, Region 10. Contact information 
included above in the ``Submitting Comments'' section.

SUPPLEMENTARY INFORMATION: The currently expired Groundwater General 
Permit NPDES General Permit, No. IDG910000 (2007 Permit), was issued by 
EPA on July 1, 2007. The 2007 Permit expired on June 30, 2012. The 2007 
Permit remains in effect for those Permittees who obtained an 
administrative extension of the authorization to discharge before the 
permit expired. The current draft GWGP does not provide coverage for 
the discharge from mining operations. Those existing mining operations 
with an EPA administrative extension of coverage under the 2007 Permit 
may continue to operate under the limitations and conditions of the 
2007 Permit until such time as a new permit is issued for those 
facilities.
    In addition, EPA proposes to make the following major changes with 
the reissued permit:
     Revised effluent limitations based on:
    1. Idaho's newer (2006) WQS. (The 2007 GWGP used Idaho's 2005 WQS.) 
EPA calculated different water-quality based effluent limits (WQBELs) 
for receiving waters designated as a Domestic Water Supply (DWS) in 
accordance with the State of Idaho Surface Water Quality Standards at 
IDAPA 58.01.02;
    2. Minimum hardness values for hardness-dependent metals of 25 mg/L 
and 10 mg/L for cadmium; and,
    3. Requiring average monthly and maximum daily effluent limits for 
continuous dischargers, and daily maximum effluent limits for non-
continuous dischargers.
     A provision requiring a BMP Plan, which is standard for 
industrial permittees. The last GWGP required an Operation & 
Maintenance (O&M) Plan. Those requirements have now been incorporated 
into the BMP Plan provision;
     Requirements for more frequent monitoring and an expanded 
list of COCs to monitor;
     A requirement to use NetDMR, which enables the electronic 
submission of monitoring data and monthly discharge monitoring reports 
to EPA and IDEQ.

Other Legal Requirements

    Endangered Species Act [16 U.S.C. 1531 et al.]. Section 7 of the 
Endangered Species Act (ESA) requires Federal agencies to consult with 
NOAA Fisheries (NMFS) and the U.S. Fish and Wildlife Service (USFWS) 
(the Services) if their actions have the potential to either 
beneficially or adversely affect any threatened or endangered species. 
The Draft GWGP does not authorize discharges from groundwater 
remediation facilities in Idaho to any receiving waters where federally 
listed threatened, endangered, or candidate species, or designated or 
proposed critical habitat, pursuant to the ESA, are present. ESA 
consultation will be required for individual situations where an 
applicant requests a waiver to discharge to a receiving water excluded 
from coverage for ESA reasons. Therefore, the EPA has evaluated the 
Draft GWGP and has made the determination that issuance of the GWGP 
will have no effect on any threatened, endangered, or candidate 
species; designated critical habitat, or essential fish habitat; and 
therefore, ESA consultation is not required.
    National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.] 
and Other Federal Requirements. Regulations at 40 CFR 122.49, list the 
federal laws that may apply to the issuance of permits i.e., ESA, 
National Historic Preservation Act, the Coastal Zone Act 
Reauthorization Amendments (CZARA), NEPA, and Executive Orders, among 
others.
    The NEPA compliance program requires analysis of information 
regarding potential impacts, development and analysis of options to 
avoid or minimize impacts; and development and analysis of measures to 
mitigate adverse impacts.
    Due to the fact that groundwater remediation facilities do not have 
any EPA-promulgated effluent limitation guidelines (ELGs) under CWA 
section 304 or new source performance standards (NSPS) specific to 
their operation, EPA determined that no Environmental Assessments (EAs) 
or Environmental Impact Statements (EISs) are required under NEPA. 
Idaho is not located in the U.S. coastal zone, so CZARA does not apply. 
In addition, the GWGP will not authorize the construction of any water 
resources facility or the impoundment of any water body or have any 
effect on historical property, and does exclude receiving waters with 
ESA species present or with Wild and Scenic River designations. 
Therefore, EPA has determined that the Fish and Wildlife Coordination 
Act, 16 U.S.C. 661 et seq., and the Wild and Scenic Rivers Act, 16 
U.S.C. 470 et seq., also do not apply to the issuance of the GWGP.
    Essential Fish Habitat (EFH). The Magnuson-Stevens Fishery 
Management and Conservation Act requires EPA to consult with NOAA-NMFS 
when a proposed discharge has the potential to adversely affect a 
designated EFH. The EFH regulations define an adverse effect as ``any 
impact which reduces quality and/or quantity of EFH . . . [and] may 
include direct (e.g. contamination or physical disruption), indirect 
(e.g. loss of prey, reduction in species' fecundity), site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.'' NMFS may recommend measures for attachment 
to the federal action to protect EFH; however, such recommendations are 
advisory, and not prescriptive in nature.
    EPA has determined that the issuance of this Draft GWGP has no 
effect on EFH. The Draft GWGP does not authorize discharges from 
groundwater remediation facilities in Idaho to any receiving waters 
where EFH has been designated. Coordination with NMFS will be required 
for individual situations where an applicant requests a waiver to 
discharge to a receiving water excluded from coverage for EFH reasons. 
Therefore, the EPA has evaluated the Draft GWGP and has made the 
determination that issuance of the GWGP will have no effect on EFH. If, 
during the course of the process it is determined that the discharge 
may need

[[Page 18686]]

``extensive conservation requirements necessary to protect'' EFH, the 
facility may need to apply for an individual permit.
    Executive Order 12866: The Office of Management and Budget (OMB) 
exempts this action from the review requirements of Executive Order 
12866 pursuant to Section 6 of that order.
    Economic Impact [Executive Order 12291]: The EPA has reviewed the 
effect of Executive Order 12291 on this Draft GWGP and has determined 
that it is not a major rule pursuant to that Order.
    Paperwork Reduction Act [44 U.S.C. 3501 et seq.] The EPA has 
reviewed the requirements imposed on regulated facilities in the Draft 
GWGP and finds them consistent with the Paperwork Reduction Act of 
1980, 44 U.S.C. 3501 et seq.
    Regulatory Flexibility Act [5 U.S.C. 601 et seq.] The Regulatory 
Flexibility Act (RFA) requires that EPA prepare an initial regulatory 
flexibility analysis for rules subject to the requirements of the 
Administrative Procedures Act [APA, 5 U.S.C. 553] that have a 
significant impact on a substantial number of small entities. However, 
EPA has concluded that NPDES General Permits are not rulemakings under 
the APA, and thus not subject to APA rulemaking requirements or 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, General NPDES Permits are 
not rules subject to the requirements of the APA, and are, therefore, 
not subject to the UMRA.

    Authority: This action is taken under the authority of Section 
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby 
provide public notice of the Draft Idaho GWGP in accordance with 40 
CFR 124.10.

    Dated: March 27, 2014.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10, U.S. Environmental 
Protection Agency.
[FR Doc. 2014-07460 Filed 4-2-14; 8:45 am]
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