[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47104-47105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19063]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9915-10-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES General Permit.

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SUMMARY: The Associate Director, Office of Water and Watersheds, EPA 
Region 10, is publishing this notice of availability of the final 
National Pollutant Discharge Elimination System (NPDES) General Permit 
for Groundwater Remediation Facilities in Idaho (the GWGP), Permit No. 
IDG911000. The GWGP authorizes groundwater discharges to waters of the 
United States in Idaho, as authorized by Section 402 of the Clean Water 
Act (CWA), 33 U.S.C. 1342. The GWGP contains effluent limitations and 
other requirements that ensure that these remediated groundwater 
discharges will not cause or contribute to impairments of the 
beneficial uses of the receiving waters or impair other surface water 
quality standards (WQS) codified at Idaho Administrative Procedures Act 
(IDAPA) 58.01.02

DATES: The issuance date of the GWGP is August 28, 2014. The GWGP shall 
become effective on September 15, 2014. New operators seeking coverage 
under the GWGP must submit a Notice of Intent (NOI) to discharge at 
least 180 days prior to the anticipated commencement of a discharge. 
Operators that have administratively extended coverage under the 2007 
GWGP shall be authorized to discharge upon receipt of an EPA 
authorization letter after the GWGP becomes effective. These 
dischargers include Univar USA, Inc., PacifiCorp Idaho Falls Pole Yard, 
and McCall Oil and Chemical Company. A new facility seeking coverage, 
Boise State University (BSU), submitted an initial application on 
January 25, 2013 and additional NOI information on October 25, 2013. 
BSU will also be authorized to discharge under the GWGP upon receipt of 
an EPA authorization letter after the GWGP becomes effective.

ADDRESSES: Copies of the GWGP, the Response to Comments document, and 
the Fact Sheet may be found on the Region 10 Web site at http://www.epa.gov/region10/water/npdes/generalpermits.html. Copies of the 
documents are also 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]. Requests by telephone may be made to 
Audrey Washington at (206) 553-0523.

For Further Information Contact:  Jill Nogi at (206) 553-1841 or 
[email protected]

SUPPLEMENTARY INFORMATION: 
    On June 30, 2012, the previous NPDES General Permit for Groundwater 
Remediation Facilities in Idaho (GWGP) expired. EPA solicited public 
comments on the draft GWGP in the Federal Register on April 3, 2014. 
The GWGP no longer provides authorization for groundwater discharges 
from mining operations. Those existing mining operations with an EPA 
administrative extension of coverage under the 2007 General Permit may 
continue to operate under the limitations and conditions specified 
under the 2007 General Permit until such time as a new Permit is issued 
for those facilities.
    Notices of the draft GWGP were published in the Idaho Statesman and 
the Idaho Hispano newspapers on April 3, 2014, and the City of Nampa 
Parks and Recreation Summer Activity Guide on April 15, 2014. An 
informational public meeting was held in Boise on May 1, 2014. The 45-
day comment period closed on May 19, 2014. Changes have been made to 
the GWGP in response to comments received during the public review 
period. All comments, along with the EPA's responses, are summarized in 
the Response to Comments document.
    State Certification of the Idaho GWGP. Pursuant to Section 401 of 
the Clean Water Act, 33 U.S.C. 1341, on July 25, 2014, the State of 
Idaho Department of Environmental Quality (DEQ) certified that the 
conditions of the GWGP comply with State WQS at IDAPA 58.01.02, 
including the State's antidegradation policy.
    Endangered Species Act. Section 7 of the Endangered Species Act 
(ESA), 16 U.S.C. 1531-1544, 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, 
or designated critical habitat.
    EPA evaluated the GWGP and determined that the issuance of the GWGP 
will have no effect on any threatened, endangered, or candidate 
species; designated critical habitat; and therefore, ESA consultation 
was not required.
    Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation 
and Management Act requires EPA to consult with NOAA-NMFS when a 
proposed discharge has the potential to adversely affect an Essential 
Fish Habitat (EFH). EPA's EFH assessment concluded that the discharges 
authorized by the GWGP will not adversely affect EFH or those species 
regulated under a Federal Fisheries Management Plan.
    Executive Order 12866. The Office of Management and Budget (OMB) 
exempts this action from the review

[[Page 47105]]

requirements of Executive Order 12866 pursuant to Section 6 of that 
order.
    Paperwork Reduction Act. The information collection requirements of 
the GWGP are 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., requires that EPA 
prepare a regulatory flexibility analysis on 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 are therefore not subject to APA 
rulemaking requirements or the Regulatory Flexibility Act (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 Idaho GWGP is not 
subject to the RFA, and are therefore not subject to the UMRA.
    Appeal of Permit. Any interested person may appeal the Idaho GWGP 
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 issuance 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.

    Authority: This action is taken under the authority of Section 
402 of the Clean Water Act, 33 U.S.C. 1342. I hereby provide public 
notice of the final Permit action in accordance with 40 CFR 
124.15(b).

    Dated: August 4, 2014.
Christine Psyk,
Associate Director, Office of Water & Watersheds, Region 10, U.S. 
Environmental Protection Agency.
[FR Doc. 2014-19063 Filed 8-11-14; 8:45 am]
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