[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20200-20201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05961]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-11832-01-R9]


Reissuance of National Pollutant Discharge Elimination System 
(NPDES) General Permit for Low Threat Discharges in Navajo Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA), Region 9 is 
publishing this notice of availability of its final general NPDES 
permit (Permit No. NNG990001) for water discharges from facilities 
classified as low threat located in the Navajo Nation. Use of a general 
NPDES permit in the location described above allows EPA and dischargers 
to allocate resources in a more efficient manner, obtain timely permit 
coverage, and avoid issuing resource intensive individual permits to 
each facility, while simultaneously providing greater certainty and 
efficiency to the regulated community while ensuring consistent permit 
conditions for comparable facilities.

DATES: For purposes of judicial review the permit is considered issued 
on April 3, 2024. The final permit is effective on May 1, 2024.

ADDRESSES: The final general permit and other related documents in the 
administrative record are on file and may be inspected any time between 
8:30 a.m. and 4:00 p.m., Monday through Friday, excluding legal 
holidays, at: U.S. EPA, Region 9, NPDES Permits Office (WTR-2-3), 75 
Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the final General Permit, Fact Sheet and Response to 
Public Comments are available at EPA, Region 9's website at https://www.epa.gov/npdes-permits/npdes-permits-epas-pacific-southwest-region-9. If there are issues accessing the website, please contact EPA via 
contact information below.

FOR FURTHER INFORMATION CONTACT: Gary Sheth, EPA Region 9, Water 
Division, NPDES Permits Office; telephone (415) 972-3516; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

A. Administrative Process

    Public notice of EPA Region 9's tentative decision to issue the 
permit was published in the Federal Register on May 25, 2023 (88 FR 
33876) and on EPA Region 9's website. The public comment period closed 
on June 26, 2023. Region 9 received written comments from one party 
concerning the proposed permit. Region 9 prepared a separate document 
(Response to Comments) which discusses these comments in more detail 
and Region 9's responses to the comments.

B. Changes From the Proposed Permit

    The final permit contains two minor changes from the proposed 
permit; these are discussed here and in the final fact sheet. EPA added 
a specific email address for the New Mexico Environment Department for 
permittees to report discharges likely to leave Navajo Nation land and 
reach New Mexico waters. EPA also added a requirement for submitting 
all required Discharge Monitoring Reports (DMRs) before the 
finalization of a Notice of Termination.

C. Endangered Species Act Considerations

    The ESA and its implementing regulations (50 CFR part 402) require 
EPA to ensure that any action authorize, funded or carried out by EPA 
is not likely to jeopardize the continued existence of any threatened 
or endangered species or adversely affect its critical habitat. EPA 
Region 9 concluded that the authorized discharges may affect, but are 
not likely to adversely affect listed species, and will not adversely 
affect critical habitat. EPA received a letter of concurrence on this 
finding from the United States Fish and Wildlife Service on January 10, 
2024.

[[Page 20201]]

D. Permit Appeals Procedure

    Within 120 days following the date the permit is considered issued 
for purposes of judicial review, any interested person may appeal the 
permit decision in the Federal Court of Appeals in accordance with 
section 509(b)(1) of the CWA. Persons affected by a general permit may 
not challenge the conditions of a general permit as a right in further 
Agency proceedings. Such person may instead challenge the general 
permit in court, or apply for an individual permit as specified at 40 
CFR 122.21 (and authorized at 40 CFR 122.28), and then petition the 
Environmental Appeals Board to review any condition of the individual 
permit (40 CFR 124.19).
    Authority: 33 U.S.C. 1251 et seq.

Tom[aacute]s Torres,
Director, Water Division, EPA Region 9.
[FR Doc. 2024-05961 Filed 3-20-24; 8:45 am]
BILLING CODE 6560-50-P