[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Page 48428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12455]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6464.1-02-R10]


Proposed Modification of NPDES General Permit for Concentrated 
Animal Feeding Operations Located in Idaho (IDG010000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed modification of NPDES general permit and 
request for public comment.

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SUMMARY: On July 18, 2023, the Environmental Protection Agency (EPA) 
Region 10 proposed to modify the NPDES General Permit for Concentrated 
Animal Feeding Operations (CAFOs) in Idaho excluding Tribal Lands 
(Permit). The proposed modification included new and revised conditions 
to address a Ninth Circuit Court of Appeal's Order and Opinion filed on 
December 16, 2021 (Food & Water Watch et al. v. U.S. Environmental 
Protection Agency (No. 20-71554)). Comments received during the 2023 
public comment period are available online at the website under 
ADDRESSES in this document. With this notice, the EPA is initiating a 
second public comment period focused exclusively on additional 
modifications made to the Permit. After this comment period expires, 
and all comments from this comment period and the 2023 comment period 
have been considered, the EPA will make a final decision regarding the 
Permit modification.

DATES: Comments must be received by July 8, 2024.

ADDRESSES: Copies of the draft Permit modification and fact sheet 
addendum are available online: https://www.epa.gov/npdes-permits/npdes-general-permit-concentrated-animal-feeding-operations-cafos-idaho.

FOR FURTHER INFORMATION CONTACT: Requests may be made to Audrey 
Washington at (206) 553-0523 or to Nicholas Peak at (208) 378-5765. 
Requests may also be electronically mailed to: 
[email protected], or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This modification is a major modification pursuant to 40 CFR 
122.62(a)(15). The EPA Region 10 reissued the Permit on May 13, 2020; 
the Permit became effective on June 15, 2020 (85 FR 28624). 
Subsequently, a Petition for Review was filed on September 22, 2020, in 
the Ninth Circuit Court of Appeals, challenging the Permit on the basis 
that it did not contain representative effluent monitoring to ensure 
compliance with all applicable effluent limitations in violation of the 
Clean Water Act and implementing regulations (Food & Water Watch et al. 
v. U.S. Environmental Protection Agency (No. 20-71554)). The Court 
granted the petition, in part, holding that the Permit failed to 
include monitoring to ensure compliance with the discharge prohibitions 
in the Permit. On July 18, 2023, the EPA Region 10 proposed to modify 
the Permit (88 FR 45900). The proposed modification included new and 
revised conditions to address the Ninth Circuit Court of Appeal's Order 
and Opinion filed on December 16, 2021 (Food & Water Watch et al. v. 
U.S. Environmental Protection Agency (No. 20-71554)). With this notice, 
the EPA is initiating a second public comment period focused 
exclusively on the following additional modifications made to the 
Permit:
    1. Removal of section II.B.9.a in the draft permit modification, 
regarding land application on surface irrigated fields.
    2. Modification of Section II.B.9.b (now section II.B.9.a of the 
draft permit modification), regarding required visual inspections of 
land application events and land application setbacks, buffers, or 
compliance alternatives.
    3. Modification of various elements of the nutrient management plan 
(section III.A.2.a in the draft permit modification).

II. Other Legal Requirements

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review. Compliance with Endangered Species Act, Essential Fish 
Habitat, Paperwork Reduction Act, and other requirements are discussed 
in the original 2019 Fact Sheet to the permit.

Caleb Shaffer,
Acting Director, Water Division, Region 10.
[FR Doc. 2024-12455 Filed 6-5-24; 8:45 am]
BILLING CODE 6560-50-P