80 FR 79039 - Issuance of NPDES General Permits for Wastewater Lagoon Systems Located in Indian Country in Region 8

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range		79039-79040
FR Document		2015-31916

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.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79039-79040]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31916]


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

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.

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

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]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79039

impacts associated with construction • Impacts on human health and needing special accommodations should
and operation would not occur. safety; contact Mr. Montaño to make
• Impacts on air, soil, and water arrangements.
Agency Responsibilities resources (including air quality and The public will have the opportunity
Western has determined that an EIS is surface water impacts); to provide written comments at the
appropriate under DOE NEPA • Visual impacts; and public scoping meetings. Written
implementing procedures, 10 CFR part • Socioeconomic impacts and comments may also be sent to Mr.
1021.1 Western would be the lead disproportionately high and adverse Montaño by email or U.S. Postal Service
Federal agency for preparing the EIS, as impacts to minority and low-income mail. To help define the scope of the
defined at 40 CFR 1501.5. The proposed populations (i.e., environmental justice). EIS/EIR, comments should be received
Project would include construction of a This list is not intended to be all- by Western no later than February 16,
new single-circuit 500-kV transmission inclusive or to imply any 2016.
line and associated substations on predetermination of impacts. Western Dated: November 25, 2015.
mostly private land. Western will invite invites interested parties to suggest
Mark A. Gabriel,
other Federal, State, local, and tribal specific issues within these general
categories, or other issues not included Administrator.
agencies with jurisdiction by law or
above, to be considered in the EIS/EIR. [FR Doc. 2015–31902 Filed 12–17–15; 8:45 am]
special expertise with respect to
environmental issues to be cooperating BILLING CODE 6450–01–P
Public Participation
agencies on the EIS, as defined at 40
CFR 1501.6. Such agencies also may The EIS/EIR process includes a public
make a request to Western to be a scoping period; public scoping ENVIRONMENTAL PROTECTION
cooperating agency by contacting Mr. meetings; publication and public review AGENCY
Montaño at the address listed in the of the Draft EIS/EIR; publication of a
[EPA–R08–OW–2015–0346; FRL–9940–34–
ADDRESSES section. Because the Final EIS/EIR; and publication of a Region 8]
proposed Project may involve action in ROD.
floodplains or wetlands, this NOI also Western and SMUD will hold four Issuance of NPDES General Permits
serves as a notice of proposed public scoping meetings at the following for Wastewater Lagoon Systems
floodplain or wetland action, in times and locations: Located in Indian Country in Region 8
accordance with DOE regulations for (1) Tuesday, January 12, 2016, from
4:00 p.m. to 7:00 p.m. at the Colusa AGENCY: Environmental Protection
Compliance with Floodplain and Agency (EPA).
Wetlands Environmental Review Casino Community Room, 3770
California 45, Colusa, CA 95932; ACTION: Notice of issuance of NPDES
Requirements at 10 CFR part 1022. The
EIS will include a floodplain/wetland (2) Wednesday, January 13, 2016, general permits under the authority of
assessment and, if required, a from 8:00 a.m. to 11:00 a.m. at the Section 402 of the Clean Water Act.
floodplain/wetland statement of Colusa Casino Community Room, 3770
California 45, Colusa, CA 95932; SUMMARY: The Environmental Protection
findings will be issued with the Final Agency (EPA) Region 8 is hereby giving
(3) Wednesday, January 13, 2016,
EIS or the Western Record of Decision notice of its issuance of six National
from 4:00 p.m. to 7:00 p.m. at the Sutter
(ROD). Pollutant Discharge Elimination System
Youth Organization Center, 7740 Butte
Environmental Issues House Road, Sutter, CA 95982; (NPDES) lagoon general permits for
(4) Thursday, January 14, 2016, from wastewater lagoon systems located in
This notice is to inform agencies and Indian country in Region 8 (CO, MT,
the public of Western’s and SMUD’s 8:00 a.m. to 11:00 a.m. at the Sutter
Youth Organization Center, 7740 Butte ND, SD, UT, & WY). These general
intent to prepare a joint EIS/EIR and permits are similar to the existing
solicit comments and suggestions for House Road, Sutter, CA 95982.
The meetings will be informal, and permits and will authorize the discharge
consideration in the EIS/EIS. To help of wastewater from lagoons located in
the public frame its comments, the attendees will be able to speak directly
with Western and SMUD Region 8 Indian country in accordance
following list contains potential with the terms and conditions described
environmental issues preliminarily representatives about the proposed
Project. Attendees also may provide therein.
identified for analysis in the EIS/EIR:
comments at these meetings. For the DATES: The general permits become
• Impacts on protected, threatened,
most recent information and for effective on January 1, 2016 and will
endangered, or sensitive species of
announcements, please visit the Project expire five years from that date. For
animals or plants;
• Impacts on migratory birds; Web site at: www.CoSuLine.com. purposes of seeking review of this
• Introduction of noxious weeds, At the conclusion of the NEPA permit pursuant to 40 CFR 124.19(o)
invasive and non-native species; process, Western will prepare a ROD. and 33 U.S.C. 1369(b)(1), the 120 day
• Impacts on recreation and Persons interested in receiving future time period for appeal to the federal
transportation; notices, proposed Project information, court will begin on January 1, 2016.
• Impacts on land use, wilderness, copies of the EIS/EIR, and other FOR FURTHER INFORMATION CONTACT:
farmlands, and environmentally- information on the NEPA review Additional information concerning the
sensitive areas; process should contact Mr. Montaño at final permits may be obtained from
• Impacts on cultural or historic the address listed in the ADDRESSES VelRey Lozano, EPA Region 8,
mstockstill on DSK4VPTVN1PROD with NOTICES

resources and tribal values; section. Wastewater Unit (8P–W–WW), 1595
The purpose of the scoping meetings Wynkoop Street, Denver, CO 80202–
1 On November 16, 2011, DOE’s Acting General is to provide information about the 1129, telephone 303–312–6128 or email
Counsel restated the delegation to Western Area proposed Project, review Project maps, at lozano.velrey@epa.gov.
Power Administration’s Administrator of all the answer questions, and take oral and The administrative record is available
authorities of the General Counsel with respect to
environmental impact statements. See ‘‘Restatement
written comments from interested by appointment for review and copying,
of Delegations of Environmental Impact Statement parties. All meeting locations will be fee for copies may be required, at the
Authorities,’’ November 16, 2011. handicapped-accessible. Anyone EPA Region 8 offices during the hours

VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1

79040 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

of 10:00 a.m. to 4:00 p.m. Monday This permit includes that portion of Reservation, Northern Cheyenne Indian
through Friday, Federal holidays the Standing Rock Sioux Reservation Reservation, and the Ute Mountain
excluded. The final general permits, the and associated Indian country located Indian Reservation; EPA has requested
fact sheet, and additional information within the State of South Dakota. It does certification that the permits comply
may be downloaded from the EPA not include any land held in trust by the with the applicable provisions of the
Region 8 Web page at http://www2.epa. United States for the Sisseton-Wahpeton CWA and tribal water quality standards.
gov/region8/npdes-permits-document- Oyate or any other Indian country
download. Please allow one week after associated with that Tribe, which is Other Legal Requirements
date of this publication for items to be covered under general permit
SDG589###. Economic Impact (Executive Order
uploaded to the Web page.
South Dakota: SDG589### This 12866): EPA has determined that the
SUPPLEMENTARY INFORMATION: Proposed issuance of this general permit is not a
issuance of the general permits was permit covers the Cheyenne River
Reservation; Crow Creek Reservation; ‘‘significant regulatory action’’ under
published in the Federal Register on
the Flandreau Santee Sioux Indian the terms of Executive Order 12866 (58
June 30, 2015, 80 FR 37255. The public
Reservation; the Lower Brule FR 51735 (October 4, 1993)) and is
comment period closed on July 30,
Reservation; the Pine Ridge Reservation therefore not subject to formal OMB
2015. A summary of comments received
and Region 8’s response to the (including the entire Reservation, which review prior to proposal.
comments are given in a separate is located in both South Dakota and Paperwork Reduction Act: EPA has
Nebraska); the Rosebud Sioux Indian reviewed the requirements imposed on
document, ‘‘Response to Comments
Reservation; and the Yankton Sioux regulated facilities in these proposed
Received During the 2015 Public Notice
Reservation.
of Draft NPDES General Permits for This permit includes any land in the general permits under the Paperwork
Wastewater Lagoon Systems Located in State of North Dakota that is held in Reduction Act of 1980, 44 U.S.C. 501, et
Indian country’’. trust by the United States for the seq. The information collection
These permits authorize the discharge Sisseton-Wahpeton Oyate or any other requirements of these permits have
of wastewater in accordance with the Indian country associated with that already been approved by the Office of
terms and conditions described therein. Tribe. It does not include the Standing Management and Budget in submissions
The fact sheet for the permits is provide Rock Sioux Reservation or any made for the NPDES permit program
for downloading concurrently with the associated Indian country, which is under the provisions of the Clean Water
permits and provides detailed covered under general permit Act.
information on: The decisions used to NDG589###.
set limitations; the specific geographic Regulatory Flexibility Act (RFA): 5
Utah: UTG589### This permit covers U.S.C. 601 et seq., as amended by the
areas covered by the permits; the Northwestern Band of Shoshoni
information on monitoring schedules; Small Business Regulatory Enforcement
Nation of Utah Reservation (Washakie);
inspection requirements, and other Fairness Act (SBREFA): The RFA
the Paiute Indian Tribe of Utah
regulatory decisions or requirements. Reservation; the Skull Valley Indian requires that the EPA prepare a
Issuance of the general permits covers Reservation; and Indian country lands regulatory flexibility analysis for rules
discharges from wastewater lagoon within the Uintah & Ouray Reservation. subject to the requirements of 5 U.S.C.
systems located in Indian country in It does not include any portions of the 553(b) that have a significant impact on
Region 8. The general permits are Navajo Nation or the Goshute a substantial number of small entities.
grouped geographically by state, with Reservation. The permits proposed today, however,
the permit coverage being for specified Wyoming: WYG589### This permit are not a ‘‘rule’’ subject to the
Indian reservations located within a covers the Wind River Reservation. requirements of 5 U.S.C. 553(b) and is
state boundary [specific permit coverage Coverage under the general permits is therefore not subject to the RFA.
areas below]; any land held in trust by limited to lagoon systems treating Unfunded Mandates Reform Act:
the United States for an Indian tribe; primarily domestic wastewater and Section 201 of the Unfunded Mandates
and any other areas which are Indian includes two categories of coverage;
Reform Act (UMRA), Public Law 104–4,
country within the meaning of 18 U.S.C. discharging lagoons, and lagoons
1151. generally requires Federal agencies to
expected to have no discharge. The
Colorado: The COG587### permit effluent limitations for discharging assess the effects of their ‘‘regulatory
covers the Southern Ute and the Ute lagoons are based on the Federal actions’’ defined to be the same as
Mountain Reservations, including those Secondary Treatment Regulation (40 ‘‘rules’’ subject to the Regulatory
portions of the Reservation located in CFR part 133) and best professional Flexibility Act (RFA)) on tribal, state,
New Mexico and Utah. judgement. The fact sheet also addresses local governments and the private
Montana: MTG589### This permit situations in which more stringent and/ sector. The permit proposed today,
covers the Blackfeet Indian Reservation or additional effluent limitations are however, is not a rule and is therefore
of Montana; the Crow Indian determined necessary to comply with not subject to the requirements of the
Reservation; the Flathead Reservation; applicable water quality standards. UMRA.
the Fort Belknap Reservation of Lagoon systems under the no discharge Authority: Clean Water Act, 33 U.S.C.
Montana; the Fort Peck Indian category are required to have no 1251, et seq.
Reservation; the Northern Cheyenne discharge except in accordance with the
Dated: December 3, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES

Indian Reservation; and the Rocky Boy’s bypass provisions of the permit. Self-
Reservation. monitoring requirements and routine Darcy O’Connor,
North Dakota: NDG589### This inspection requirements are included in Acting Assistant Regional Administrator,
permit covers the Fort Berthold the permits. Office of Partnerships and Regulatory
Reservation; the Spirit Lake Indian Where the Tribes have Clean Water Assistance.
Reservation; the Standing Rock Sioux Act § 401(a)(1) certification authority; [FR Doc. 2015–31916 Filed 12–17–15; 8:45 am]
Reservation; and the Turtle Mountain Blackfeet Indian Reservation, Flathead BILLING CODE 6560–50–P
Reservation. Indian Reservation, the Fort Peck Indian

VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 E:\FR\FM\18DEN1.SGM 18DEN1

Document Created: 2015-12-18 01:38:12
Document Modified: 2015-12-18 01:38:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of issuance of NPDES general permits under the authority of Section 402 of the Clean Water Act.
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.
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]
FR Citation		80 FR 79039