[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Proposed Rules]
[Pages 67409-67410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26898]


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ENVIRONMENTAL PROTECTION AGENCY REGION 8

[FRL-9919-11-Region-8]

40 CFR Part 503


Propose and Modify NPDES General Permits for Facilities That 
Generate, Treat, and/or Use/Dispose of Sewage Sludge by Land 
Application, Landfill and Surface Disposal in the EPA Region 8

AGENCY: The Environmental Protection Agency.

ACTION: Notice of proposed and final modification of the expiration 
date of the eleven (11) NPDES general permits for Sewage Sludge.

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SUMMARY: The Environmental Protection Agency (EPA) is giving notice of 
modification of the expiration date 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 
Colorado, Montana, North Dakota, and Wyoming and in Indian country in 
the states of Colorado, Montana, North Dakota, South Dakota, Wyoming 
and Utah (except for the Goshute Indian Reservation and the Navajo 
Indian Reservation) from May 12, 2018, to January 15, 2015. The EPA 
will regulate sewage sludge (biosolids) through the direct 
enforceability provision of the regulation.

DATES: This comment period closes on December 15, 2014. Comments may be 
directed to: Bob Brobst (8P-W-WW),

[[Page 67410]]

EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. All 
comments received prior to the end of the comment period will be 
considered in the formulation of the final permit decision.
    After considering these comments, the EPA will issue the final 
permit decision together with written responses to any significant 
comments, in accordance with 40 CFR 124.15. If no comments are 
received, the modification of the 11 permits will be effective 
immediately upon issuance of the final permit decision.

ADDRESSES: The administrative record is available by appointment for 
review and copying at the EPA Region 8 offices during the hours of 8:00 
a.m. to 4:00 p.m., Monday through Friday, Federal holidays excluded.
    To make an appointment to look at or copy the documents call Bob 
Brobst at (303) 312-6129. The Region 8 offices are located at 1595 
Wynkoop Street, Denver, Colorado 80202-1129. A reasonable fee may be 
charged for copying.

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, Colorado 80202-1129, 
telephone (303) 312-6129 or email at [email protected].
    The final general permits, the fact sheet and additional 
information may be downloaded from the EPA Region 8 Web page at http://www2.epa.gov/region8/biosolids. Please allow one week after date of 
this publication for items to be uploaded to the Web page.

SUPPLEMENTARY INFORMATION: The EPA proposes to change the expiration 
date from May 12, 2018, to January 15, 2015. No other changes will 
occur in the general permits. The Federal Sewage Sludge Regulations 
gives the permitting authority, in this case the EPA Region 8, the 
choice of either issuing a permit or relying on direct enforceability 
of the regulation.
    Direct enforceability means that no person shall use or dispose of 
sewage sludge through any practice for which requirements are 
established in the Federal Sewage Sludge Regulation, except in 
accordance with such requirements.
    The EPA Region 8 has decided, for administrative reasons, to 
regulate sewage sludge (biosolids) through the direct enforceability 
provision of the regulation. In accordance with 40 CFR 503.3, the 
permitting authority, in this case the EPA Region 8, may either issue a 
permit or rely on direct enforceability of the 40 CFR 503. The EPA 
Region 8 has elected to administer the program under the direct 
enforceability provision.
    The Federal Sewage Sludge Regulations referred to above in the 
summary section are located at 40 CFR 503 specifically at 40 CFR 503.3. 
(See http://www.ecfr.gov/) The NPDES permit numbers and the areas 
covered by this modification of the eleven (11) general permits are 
listed below.

 
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             State                          Permit No.                  Area covered by each general permit
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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, and 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.
Utah...........................  UTG651000......................  Indian country within the State of Utah,
                                                                   except for the Goshute Indian Reservation,
                                                                   Navajo Indian Reservation and Ute Mountain
                                                                   Indian Reservation, which are covered under
                                                                   permit COG651000.
Wyoming........................  WYG650000......................  State of Wyoming, except for Indian country.
                                 WYG651000......................  Indian country within the State of Wyoming.
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Other Legal Requirements

    Section 401(a)(1) Certification: Since this modification does not 
involve discharges to waters of the United States, certification under 
Sec.  401(a)(1) of the Clean Water Act is not necessary.
    Economic Impact (Executive Order 12866): The EPA has determined 
that the modification of these general permits is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 (58 FR 
51735, October 4, 1993).
    Paperwork Reduction Act: The information collection requirements 
for this modification will not differ in the proposed permits.
    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). The modification 
of the permits proposed today 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: The modification of the permits 
proposed today is not a ``rule'' subject to the RFA and is therefore 
not subject to the requirements of UMRA.

    Authority:  33 U.S.C. 1251 et seq.

    Dated: October 29, 2014.
Callie A. Videtich,
Acting Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance, Region 8.
[FR Doc. 2014-26898 Filed 11-12-14; 8:45 am]
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