[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37583-37586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16822]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9965-41-Region 10]


Public Notice of State of Idaho National Pollutant Discharge 
Elimination System (NPDES) Program Submission for EPA Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment; notice of public 
hearing.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
requesting comments on and will hold public hearings for the State of 
Idaho's National Pollutant Discharge Elimination System (NPDES) program 
application (to be referred to as the ``IPDES program application'' or 
the ``application''). The Governor of the State of Idaho submitted the 
application to the EPA Region 10 Administrator pursuant to section 402 
of the Clean Water Act (CWA or `the Act'). With this submission, the 
Idaho Department of Environmental Quality (IDEQ) seeks approval to 
administer the Idaho Pollutant Discharge Elimination System (IPDES) 
program regulating discharges of pollutants into waters of the United 
States under its jurisdiction. The State's request includes an 
implementation plan to transfer from the EPA to IDEQ the administration 
of specific program components in four phases over a four-year period 
beginning July 1, 2018, or upon program approval, whichever is later. 
If the EPA approves the IPDES program, IDEQ will administer this 
program, subject to continuing EPA oversight and enforcement authority, 
in place of the NPDES program now administered by the EPA. The EPA will 
retain permitting authority over all facilities that are located within 
a tribal reservation and/or facilities that discharge to tribal waters. 
Today, the EPA is requesting comments on the State's application and 
providing notice of public hearings that will be held at locations 
throughout the state. At the close of the public comment period, the 
EPA will review all the public comments received and will either 
approve or disapprove the State's request for program approval. If 
approved, the NPDES program authority will begin to transfer from the 
EPA to IDEQ on or after July 1, 2018, with the final program phase 
being transferred to IDEQ on or after July 1, 2021.

DATES: Comments must be received on or before October 10, 2017.

ADDRESSES: Location of Informational Meetings and Public Hearings: EPA 
Region 10 will hold five information meetings, with each followed by a 
public hearing on the following dates and times. Please check the Web 
site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization prior to the scheduled dates for any updates to this 
information.

[[Page 37584]]



       Table I-1--Locations for Informational and Public Meetings
------------------------------------------------------------------------
    Informational meeting and public
  hearing city/location/address/phone             Date and time
                 number
------------------------------------------------------------------------
Idaho Falls............................
    Central Public Library, 457 W        September 11, 2017: Duration:
     Broadway St., Idaho Falls, ID        4:00 p.m. until no later than
     83402, (208) 612-8460.               8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Twin Falls.............................
    Twin Falls Public Library, 201       September 12, 2017: Duration:
     Fourth Avenue East, Twin Falls, ID   4:00 p.m. until no later than
     83301, (208) 733-2964.               8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Boise..................................
    Boise Public Library, 715 S Capitol  September 13, 2017: Duration:
     Blvd., Boise, ID 83702, (208) 972-   4:00 p.m. until no later than
     8200.                                8:00 p.m. (MT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Lewiston...............................
    Lewiston Community Center, 1424      September 14, 2017: Duration:
     Main St., Lewiston, ID 83501,        4:00 p.m. until no later than
     (208) 746-2313.                      8:00 p.m. (PT).
                                         Information meeting at 4:00
                                          p.m. until 5:30 p.m.
                                         Hearing will begin promptly at
                                          6:00 p.m., until testimony is
                                          complete.
Coeur d'Alene..........................
     Coeur d'Alene Public Library, 702   September 15, 2017: Duration:
     E Front Ave., Coeur d'Alene, ID      2:00 p.m. until no later than
     83814, (208) 769-2315.               6:00 p.m. (PT).
                                         Information meeting at 2:00
                                          p.m. until 3:30 p.m.
                                         Hearing will begin promptly at
                                          4:00 p.m., until testimony is
                                          complete.
------------------------------------------------------------------------

    Providing Comments. The EPA will consider comments on the IPDES 
program application before making a final decision. You may submit 
comments by any of the following methods:
    By Email: Send comments by email to [email protected],
    By Mail/Hand Delivery/Courier: Deliver comment to U.S. EPA, Attn: 
Idaho NPDES Comments, Office of Water and Watersheds, Mail Stop OWW-
191, 1200 Sixth Ave., Suite 900, Seattle, WA 98101-3140.
    Viewing and/or Obtaining Copies of Documents. A copy of the 
application and related documents may be viewed or downloaded, at no 
cost, from the EPA Web site at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization. Copies of documents are also available for 
viewing or copying at the EPA Region 10 Library, 1200 Sixth Avenue, 
Suite 900 M/S OMP-0102, Seattle, WA 98101 and at the EPA Idaho 
Operations Office, 950 W Bannock, Suite 900, Boise, ID 83702 or call 
208-378-5746. The R10 library is open Monday through Friday, excluding 
federal holidays, 9:00 a.m.-12:00 p.m., and 1:00 p.m.-4:00 p.m. For 
information about the cost of obtaining a copy or other information 
refer to EPA's Web page at https://www.epa.gov/libraries/region-10-library-services or call (206) 553-1289. IDEQ will provide copies of 
the application available for viewing at their Boise office and on 
their Web site. The application, related documents and program 
development documents can be viewed or downloaded, at no cost, from the 
IDEQ Web site http://www.deq.idaho.gov/water-quality/ipdes/program-application/. The IDEQ contact is Mary Anne Nelson, IPDES Program 
Manager; [email protected]; (208) 373-0291.

FOR FURTHER INFORMATION CONTACT: Visit https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization or contact Karen Burgess, 
NPDES Permits Unit, EPA Region 10; (206) 553-1644; 
[email protected].

SUPPLEMENTARY INFORMATION:

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA; 
territorial, and tribal programs; and the regulated community and 
citizens within the state of Idaho. This table is not intended to be 
exhaustive; rather, it provides a guide for readers regarding entities 
that this action is likely to regulate.

   Table I-2--Entities Potentially Affected by This Proposed Approval
------------------------------------------------------------------------
                                      Examples of potentially affected
             Category                             entities
------------------------------------------------------------------------
State, Territorial, and Indian      States, Territories, and Indian
 Tribal Governments.                 Tribes that provide certification
                                     under section 401 of the CWA;
                                     States, Territories, and Indian
                                     Tribes that own or operate
                                     treatment works.
Municipalities....................  POTWs required to apply for or seek
                                     coverage under an NPDES individual
                                     or general permit and to perform
                                     routine monitoring as a condition
                                     of an NPDES permit.
Industry..........................  Facilities required to apply for or
                                     seek coverage under an NPDES
                                     individual or general permit and to
                                     perform routine monitoring as a
                                     condition of an NPDES permit.
NPDES Stakeholders................  Any party that may review and
                                     provide comments on NPDES permits.
Citizens of the state of Idaho....  Any party that may review and
                                     provide comments on NPDES permits.
------------------------------------------------------------------------

    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

[[Page 37585]]

B. What action is the EPA taking?

    The State of Idaho submitted a complete description of their IPDES 
program and associated documents to the EPA. In accordance with CWA 
section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR part 
123, the EPA shall approve a submitted program unless adequate 
authority does not exist as required by the CWA.

C. What is the EPA's authority for taking this action?

    CWA section 402 established the NPDES permitting program and gives 
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
    State Permit Program Approval: Section 402 of the CWA, 33 U.S.C. 
1342, created the NPDES program under which the EPA may issue permits 
authorizing the point source discharge of pollutants to waters of the 
United States under conditions required by the Act. The CWA Section 
402(b), 33 U.S.C. 1342(b), provides that the EPA shall approve a State 
to administer its own permit program, upon the Governor's request, 
provided the State has appropriate legal authority and a program 
sufficient to meet the Act's requirements. The regulatory requirements 
for state program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/), and subpart B provides the requirements of state 
program submissions, which IDEQ refers to as the IPDES program 
application.
    Decision Process: Pursuant to 40 CFR 123.21 and 123.61(b), the EPA 
must approve or disapprove the submitted IPDES program, which has been 
determined to be complete, within 90 days of receipt, unless this 
review period is extended by mutual agreement between the EPA and the 
State. The State must show, among other things that it has the 
authority to issue permits which comply with the Act, authority to 
impose civil and criminal penalties for permit violations, and 
authority to ensure that the public is given notice and an opportunity 
for a hearing on each proposed permit. After the close of the public 
comment period and completion of the required consultations, the 
Regional Administrator for EPA Region 10 will make a decision to 
approve or disapprove the IPDES program based on the requirements of 
section 402 of the CWA and 40 CFR part 123. If the Regional 
Administrator approves the IPDES program, the Regional Administrator 
will so notify the State and sign the proposed Memorandum of Agreement 
between the EPA and IDEQ (MOA). Notice would be published in the 
Federal Register and, as of the date of program approval, the EPA would 
suspend issuance of NPDES permits in Idaho in accordance with the 
State's approved schedule to transfer NPDES program authority in 
accordance with the phased implementation plan. If the Regional 
Administrator disapproves the IPDES program, IDEQ will be notified of 
the reasons for disapproval and of any revisions or modifications to 
the program that are necessary to obtain approval. The EPA will not 
make a final decision on IPDES program approval until after: (1) 
Considering all public comments provided during the public comment 
period and from the public hearings, and preparing a responsiveness 
summary and (2) completion of government to government tribal 
consultations, as requested, with federally recognized tribes in Idaho.
    Informational Meetings: Informational meetings will include a 
technical overview of both the federal and state programs and provide 
an opportunity for question and answer. IDEQ will participate with EPA 
during these meetings. Questions and answers following the 
informational meeting will not be entered into the official record. 
Comments for the official record must be made in accordance with the 
public hearings procedures and/or submitted as written comments before 
the end of the comment period.
    Public Hearing Procedures. The public hearings will be conducted in 
accordance with 40 CFR 124.12 and will provide interested parties with 
the opportunity to give written and/or oral testimony into the official 
record. The following procedures will be used at the public hearings. 
(1) The Presiding Officer shall conduct the hearing in a manner which 
will allow all interested persons wishing to make oral statements an 
opportunity to do so; however, the Presiding Officer may inform 
attendees of any time limitations during the opening statement of the 
hearing. (2) Any person may submit written statements or documents for 
the hearing record. (3) The transcript taken at the hearing, together 
with copies of all submitted statements and documents, shall become a 
part of the record submitted to the Regional Administrator. (4) The 
hearing record shall be left open until the deadline for receipt of 
comments specified at the beginning of this Notice to allow any person 
time to submit additional written statements or to present views or 
evidence tending to rebut testimony presented at the public hearing. 
(5) Hearing statements may be oral or written. Written copies of oral 
statements are urged for accuracy of the record and for use of the 
Hearing Panel and other interested persons. Persons wishing to make 
oral testimony supporting their written comments are encouraged to give 
a summary of their points rather than reading lengthy written comments 
verbatim into the record. All comments received by the EPA in 
accordance with the instructions for `Providing Comments' by the ending 
date of the comment period and/or presented at the public hearing, will 
be considered by the EPA before final IPDES program approval.
    IPDES Program Application Summary: By letter dated, and received by 
the EPA on August 31, 2016, the Governor of Idaho submitted the IPDES 
program application for program approval. The application consisted of 
five main components required under 40 CFR 123.21: (1) A letter from 
the governor requesting approval of the state's application, (2) a 
program description that describes how the state will issue IPDES 
permits, ensure compliance with permit conditions, conduct enforcement, 
as well as fund and manage the program including programmatic 
information and data, (3) a statement from the Attorney General's 
office certifying that the state's laws and regulations provide 
sufficient authority to the state to implement the discharge, 
pretreatment, and biosolids components of the NPDES program, (4) a 
Memorandum of Agreement (MOA) between the state and EPA which 
establishes, in part, timeframes for a phased approach for the state to 
assume authority, (5) copies of all applicable statutes and regulations 
including those that govern the state administrative procedures, which 
the state adopted to ensure the necessary authority for implementing 
the IPDES program, including Idaho House Bill 406 directing IDEQ to 
pursue permitting authority. IDEQ submitted their Continuing Planning 
Process (CPP) as required under 40 CFR 130.5 for program approval. 
Appendices to the Program Description include other IPDES program 
documents including guidance, forms and templates that IDEQ will use to 
implement their program.
    The EPA deemed the application complete on September 30, 2016, in a 
letter that also identified initial issues to be addressed before 
program approval. In accordance with 40 CFR 123.21(d), IDEQ requested 
to extend the statutory review period for the application until June 
30, 2018. The EPA and IDEQ will use the period of time until program 
approval to address issues, complete the public process, develop the 
IPDES

[[Page 37586]]

program and build capacity for both permitting and enforcement 
functions.
    IPDES Program Summary: As required under section 402(b) of the CWA, 
33 U.S.C. 1342(b), and 40 CFR 123.22, the IPDES program description 
specifies how IDEQ will administer the NPDES program. IDEQ will issue 
IPDES permits under their jurisdiction; conduct compliance and 
enforcement activities; gather and maintain NPDES records and report to 
the EPA; and oversee the regulated activities of all IPDES-permitted 
facilities. The EPA will retain the authority to issue NPDES permits 
for facilities located on tribal lands and/or discharging to tribal 
waters. The scope of IDEQ permitting authority includes individual and 
general permits for discharges to waters of the United States from 
facilities or activities, including industrial (e.g., commercial, 
mining, oil and gas, and silviculture discharges; animal feeding 
operations; and aquatic animal production facilities) and municipal 
wastewater treatment facilities (e.g., publicly and privately owned 
treatment works); discharges to waters of the United States from 
federal facilities; storm water discharges, including municipal storm 
sewer systems (combined and separate); construction and industrial 
storm water general permits; and individual permits for storm water 
discharges; sewage sludge (biosolids) under 40 CFR part 503 and the 
pretreatment program under 40 CFR part 403. IDEQ's program will not 
include permitting of discharges incidental to the normal operation of 
a non-military, non-recreational vessel operating in a capacity as a 
means of transportation; the EPA will continue to issue permits under 
CWA section 402 to regulate such discharges from non-military, non-
recreational vessels greater than 79 feet in length and all ballast 
water discharges.
    IDEQ will assume permitting and compliance authority for the NPDES 
program in four phases. The EPA will retain full permitting and 
compliance authority over facilities until that authority is 
transferred to IDEQ in accordance with the following schedule:
    Phase I--Individual Municipal Permits and Pretreatment upon gaining 
program authority (anticipated July 1, 2018).
    Phase II--Individual Industrial Permits, one year after program 
authorization (anticipated July 1, 2019).
    Phase III--General Permits (Aquaculture, Pesticide, CAFO, Suction 
Dredge, Remediation), two years after program authorization 
(anticipated July 1, 2020).
    Phase IV--Federal Facilities, General and Individual Stormwater 
Permits and Biosolids, three years after program authorization 
(anticipated July 1, 2021).

    Authority: This action is taken under the authority of section 
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby 
provide public notice of the application by the State of Idaho for 
approval to administer the State NPDES program, in accordance with 
40 CFR 123.61.

    Dated: July 17, 2017.
Daniel D. Opalski,
Acting Deputy Regional Administrator, EPA, Region 10.
[FR Doc. 2017-16822 Filed 8-10-17; 8:45 am]
 BILLING CODE 6560-50-P