[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Notices]
[Page 57031-57032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc07-45]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8477-3]
Issuance of Final NPDES General Permits for Facilities/Operations
That Generate, Treat, and/or Use/Dispose of Sewage Sludge by Means of
Land Application, Landfill, and Surface Disposal in EPA Region 8
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of issuance of NPDES general permits.
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SUMMARY: Region 8 of EPA is hereby giving notice of its reissuance 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 CO, MT, ND, and WY and in Indian
country in the States of CO, MT, ND, SD, WY and UT (except for the
Goshute Indian Reservation and the Navajo Indian Reservation). The
effective date of the general permits is October 19, 2007.
The NPDES permit numbers and the areas covered by each general
permit are listed below.
------------------------------------------------------------------------
Area covered by the
State Permit No. general permit
------------------------------------------------------------------------
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),
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 is covered
under permit
COG651000).
Wyoming.................. WYG650000............... State of Wyoming
except for Indian
country.
WYG651000............... Indian country
within the State
of Wyoming.
------------------------------------------------------------------------
DATES: The general permits become effective on October 19, 2007 and
will expire five years from that date. For appeal purposes, the 120 day
time period for appeal to the U.S. Federal Courts will begin October
19, 2007.
ADDRESSES: The administrative record is available by appointment for
review and copying at the EPA Region 8 offices during the hours of 10
a.m. to 4 p.m. Monday through Friday, Federal holidays excluded. To
make an appointment to look at or copy the documents call Ellen Bonner
at 303-312-6371 or Bob Brobst at 303-312-6129. The Region 8 offices are
located at 1595 Wynkoop Street, Denver, CO 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, CO 80202-1129, telephone
(303) 312-6129 or E-mail at brobst.bob@epa.gov. The final general
permits, the fact sheet, Response to Comments, and additional
information may be downloaded from the EPA Region 8 Web page at http://www.epa.gov/region08/biosolids.
Please allow one week after date of
this publication for items to be uploaded to the Web page. Copies of a
specific general permit, the fact sheet, and/or Response to Comments
may also be obtained by writing Ellen Bonner at the above address or
telephone 303-312-6371.
SUPPLEMENTARY INFORMATION: On February 19, 1993 (58 FR 9248), the EPA
[[Page 57032]]
promulgated ``Standards for the Use or Disposal of Sewage Sludge'' (40
CFR part 503) and made revisions to the NPDES regulations to include
the permitting of facilities/operations that generate, treat, and/or
use/dispose of sewage sludge. The 503 regulations were amended on
August 4, 1999 (64 FR 42551). The States of South Dakota and Utah
currently are the only States in Region 8 that have been authorized to
administer the biosolids (sludge) program. The State of Colorado has
not been authorized permitting authority for Federal facilities. In
2002 EPA issued 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 CO, MT,
ND, and WY and in Indian country in the States of CO, MT, ND, SD, WY
and UT (except for the Goshute Indian Reservation and the Navajo Indian
Reservation). Those general permits expire on August 16, 2007. Proposed
reissuance of the general permits was published in the Federal Register
on July 3, 2007 (72 FR 36453). The public comment period closed on
August 2, 2007. A summary of each comment received and Region 8's
response to the comments are given in a separate document, ``Response
to Comments on Reissuance of Region 8 Biosolids General Permits in
2007.'' To obtain a copy of the Response to Comments See FOR FURTHER
INFORMATION CONTACT: above. None of the comments resulted in a change
to the general permits as proposed. Accordingly, the permits are being
issued without any change from the public notice draft.
The renewal permits are very similar to the previous permits. The
administrative burden for most of the regulated sources is expected to
be less under the general permits than with individual permits, and it
will be much quicker to obtain permit coverage with general permits
than with individual permits. The substantive permit requirements would
be essentially the same with an individual permit or under the general
permit. Facilities or operations that incinerate sewage sludge are not
eligible for coverage under these general permits and must apply for an
individual permit. Wastewater lagoon systems that are not using/
disposing of sewage sludge do not need to apply for permit coverage
unless notified by the permit issuing authority. The deadlines for
applying for coverage under the general permits are given in the
permits and the Fact Sheet. Facilities/operations that had coverage
under the previous general permit and have submitted a timely request
for coverage under this renewal permit are covered automatically under
the permits unless the permit issuing authority requires the submittal
of a new notice of intent (NOI).
Other Legal Requirements
Section 401(a)(1) Certification: Since these permits do not involve
discharges to waters of the United States, certification under Sec.
401(a)(1) of the Clean Water Act is not necessary for the issuance of
these permits and certification will not be requested.
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 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
permit proposed today, however, 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: 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 RFA) on tribal, state, local
governments and the private sector. The permit proposed today, however,
is not a ``rule'' subject to the RFA and is therefore not subject to
the requirements of the UMRA.
Appeal of Permit: Any interested person may appeal the general
permits in the Federal Court of Appeals in accordance with Section
509(b)(1) of the Clean Water Act (33 U.S.C. 1369(b)(1)). This appeal
must be filed within 120 days of the effective date of the permit.
Persons affected by a general NPDES permit may not challenge the
conditions of the permit as a right of further EPA proceedings (see 40
CFR 124.19). Instead, they may either challenge the permit in court or
apply for an individual permit and then request a formal hearing on the
issuance or denial on an individual permit.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: September 18, 2007.
Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance.
[FR Doc. E7-19704 Filed 10-4-07; 8:45 am]
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