[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79039-79040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31916]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OW-2015-0346; FRL-9940-34-Region 8]


Issuance of NPDES General Permits for Wastewater Lagoon Systems 
Located in Indian Country in Region 8

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of NPDES general permits under the authority 
of Section 402 of the Clean Water Act.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is hereby 
giving notice of its issuance of six National Pollutant Discharge 
Elimination System (NPDES) lagoon general permits for wastewater lagoon 
systems located in Indian country in Region 8 (CO, MT, ND, SD, UT, & 
WY). These general permits are similar to the existing permits and will 
authorize the discharge of wastewater from lagoons located in Region 8 
Indian country in accordance with the terms and conditions described 
therein.

DATES: The general permits become effective on January 1, 2016 and will 
expire five years from that date. For purposes of seeking review of 
this permit pursuant to 40 CFR 124.19(o) and 33 U.S.C. 1369(b)(1), the 
120 day time period for appeal to the federal court will begin on 
January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
final permits may be obtained from VelRey Lozano, EPA Region 8, 
Wastewater Unit (8P-W-WW), 1595 Wynkoop Street, Denver, CO 80202-1129, 
telephone 303-312-6128 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

[[Page 79040]]

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://www2.epa.gov/region8/npdes-permits-document-download. Please allow one 
week after date of this publication for items to be uploaded to the Web 
page.

SUPPLEMENTARY INFORMATION: Proposed issuance of the general permits was 
published in the Federal Register on June 30, 2015, 80 FR 37255. The 
public comment period closed on July 30, 2015. A summary of comments 
received and Region 8's response to the comments are given in a 
separate document, ``Response to Comments Received During the 2015 
Public Notice of Draft NPDES General Permits for Wastewater Lagoon 
Systems Located in Indian country''.
    These permits authorize the discharge of wastewater in accordance 
with the terms and conditions described therein. The fact sheet for the 
permits is provide for downloading concurrently with the permits and 
provides detailed information on: The decisions used to set 
limitations; the specific geographic areas covered by the permits; 
information on monitoring schedules; inspection requirements, and other 
regulatory decisions or requirements.
    Issuance of the general permits covers discharges from wastewater 
lagoon systems located in Indian country in Region 8. The general 
permits are grouped geographically by state, with the permit coverage 
being for specified Indian reservations located within a state boundary 
[specific permit coverage areas below]; any land held in trust by the 
United States for an Indian tribe; and any other areas which are Indian 
country within the meaning of 18 U.S.C. 1151.
    Colorado: The COG587### permit covers the Southern Ute and the Ute 
Mountain Reservations, including those portions of the Reservation 
located in New Mexico and Utah.
    Montana: MTG589### This permit covers the Blackfeet Indian 
Reservation of Montana; the Crow Indian Reservation; the Flathead 
Reservation; the Fort Belknap Reservation of Montana; the Fort Peck 
Indian Reservation; the Northern Cheyenne Indian Reservation; and the 
Rocky Boy's Reservation.
    North Dakota: NDG589### This permit covers the Fort Berthold 
Reservation; the Spirit Lake Indian Reservation; the Standing Rock 
Sioux Reservation; and the Turtle Mountain Reservation.
    This permit includes that portion of the Standing Rock Sioux 
Reservation and associated Indian country located within the State of 
South Dakota. It does not include any land held in trust by the United 
States for the Sisseton-Wahpeton Oyate or any other Indian country 
associated with that Tribe, which is covered under general permit 
SDG589###.
    South Dakota: SDG589### This permit covers the Cheyenne River 
Reservation; Crow Creek Reservation; the Flandreau Santee Sioux Indian 
Reservation; the Lower Brule Reservation; the Pine Ridge Reservation 
(including the entire Reservation, which is located in both South 
Dakota and Nebraska); the Rosebud Sioux Indian Reservation; and the 
Yankton Sioux Reservation.
    This permit includes any land in the State of North Dakota that is 
held in trust by the United States for the Sisseton-Wahpeton Oyate or 
any other Indian country associated with that Tribe. It does not 
include the Standing Rock Sioux Reservation or any associated Indian 
country, which is covered under general permit NDG589###.
    Utah: UTG589### This permit covers the Northwestern Band of 
Shoshoni Nation of Utah Reservation (Washakie); the Paiute Indian Tribe 
of Utah Reservation; the Skull Valley Indian Reservation; and Indian 
country lands within the Uintah & Ouray Reservation. It does not 
include any portions of the Navajo Nation or the Goshute Reservation.
    Wyoming: WYG589### This permit covers the Wind River Reservation.
    Coverage under the general permits is limited to lagoon systems 
treating primarily domestic wastewater and includes two categories of 
coverage; discharging lagoons, and lagoons expected to have no 
discharge. The effluent limitations for discharging lagoons are based 
on the Federal Secondary Treatment Regulation (40 CFR part 133) and 
best professional judgement. The fact sheet also addresses situations 
in which more stringent and/or additional effluent limitations are 
determined necessary to comply with applicable water quality standards. 
Lagoon systems under the no discharge category are required to have no 
discharge except in accordance with the bypass provisions of the 
permit. Self-monitoring requirements and routine inspection 
requirements are included in the permits.
    Where the Tribes have Clean Water Act Sec.  401(a)(1) certification 
authority; Blackfeet Indian Reservation, Flathead Indian Reservation, 
the Fort Peck Indian Reservation, Northern Cheyenne Indian Reservation, 
and the Ute Mountain Indian Reservation; EPA has requested 
certification that the permits comply with the applicable provisions of 
the CWA and tribal water quality standards.

Other Legal Requirements

    Economic Impact (Executive Order 12866): 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: 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 
permits proposed today, however, are 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 Regulatory Flexibility Act 
(RFA)) on tribal, state, local governments and the private sector. The 
permit proposed today, however, is not a rule and is therefore not 
subject to the requirements of the UMRA.

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

    Dated: December 3, 2015.
Darcy O'Connor,
Acting Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance.
[FR Doc. 2015-31916 Filed 12-17-15; 8:45 am]
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