83_FR_27884 83 FR 27769 - Approval of the Application by the State of Idaho To Administer the National Pollutant Discharge Elimination System (NPDES) and Electronic Reporting

83 FR 27769 - Approval of the Application by the State of Idaho To Administer the National Pollutant Discharge Elimination System (NPDES) and Electronic Reporting

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 115 (June 14, 2018)

Page Range27769-27771
FR Document2018-12806

On June 5, 2018, the Administrator for the Environmental Protection Agency approved the application by the State of Idaho to administer and enforce the Idaho Pollutant Discharge Elimination System (IPDES) program pursuant to the Clean Water Act. Concurrent with this approval, EPA is also approving IPDES program for electronic reporting. The Idaho Department of Environmental Quality (IDEQ) will administer the approved IPDES program regulating discharges of pollutants into waters of the United States under its jurisdiction as described in the state's program application. EPA has approved the State's implementation plan that transfers the administration of specific program components from EPA to the State over a four-year period in accordance with the Memorandum of Agreement between IDEQ and EPA R10 (MOA) and subject to EPA oversight and enforcement. EPA will suspend issuance of NPDES permits in Idaho in accordance with the State's approved schedule to transfer NPDES program authority. EPA will retain the authority to issue NPDES permits for facilities located on tribal lands and/or discharging to tribal waters.

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Notices]
[Pages 27769-27771]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12806]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9979-12--Region 10]


Approval of the Application by the State of Idaho To Administer 
the National Pollutant Discharge Elimination System (NPDES) and 
Electronic Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On June 5, 2018, the Administrator for the Environmental 
Protection Agency approved the application by the State of Idaho to 
administer and enforce the Idaho Pollutant Discharge Elimination System 
(IPDES) program pursuant to the Clean Water Act. Concurrent with this 
approval, EPA is also approving IPDES program for electronic reporting. 
The Idaho Department of Environmental Quality (IDEQ) will administer 
the approved IPDES program regulating discharges of pollutants into 
waters of the United States under its jurisdiction as described in the 
state's program application. EPA has approved the State's 
implementation plan that transfers the administration of specific 
program components from EPA to the State over a four-year period in 
accordance with the Memorandum of Agreement between IDEQ and EPA R10 
(MOA) and subject to EPA oversight and enforcement. EPA will suspend 
issuance of NPDES permits in Idaho in accordance with the State's 
approved schedule to transfer NPDES program authority. EPA will retain 
the authority to issue NPDES permits for facilities located on tribal 
lands and/or discharging to tribal waters.

DATES: On June 5, 2018, the Administrator approved Idaho's IPDES 
program including electronic reporting.

FOR FURTHER INFORMATION CONTACT: Visit EPA's web page at https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization or contact 
Karen Burgess, NPDES Permits Unit, EPA Region 10; (206) 553-1644; 
burgess.karen@epa.gov. The State's application, supporting 
documentation and EPA's response to comments received during the public 
comment period and hearings may be viewed or downloaded from EPA's web 
page. The IDEQ contact is Mary Anne Nelson, IPDES Program Manager; 
mary.anne.nelson@deq.idaho.gov; (208) 373-0291. IDEQ's application, 
related documents and program development documents may be viewed or 
downloaded from the IDEQ website

[[Page 27770]]

http://www.deq.idaho.gov/water-quality/ipdes/program-application/.

SUPPLEMENTARY INFORMATION:

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA; 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 1--Entities Potentially Affected by This Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                                Examples of potentially affected
                                   Category                                                 entities
----------------------------------------------------------------------------------------------------------------
State and Indian Tribal Governments..........................................  States and Indian Tribes that
                                                                                provide certification under
                                                                                section 401 of the CWA; States
                                                                                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.

B. What action is EPA taking?

    EPA approved the State of Idaho's IPDES program granting IDEQ the 
authority to administer the NPDES program in Idaho to regulate 
discharges of pollutants into waters of the United States under its 
jurisdiction. Concurrent with this approval, EPA is also approving 
IPDES program for electronic reporting under the NPDES and pretreatment 
programs.

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

    The CWA created the NPDES program under which 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 provides 
that EPA shall approve a State to administer its own permit program, 
upon the Governor's request, provided that EPA has determined that the 
State has adequate authority and a program sufficient to meet the Act's 
requirements. 33 U.S.C. 1342(b). The regulatory requirements for state 
program approval are set forth in 40 CFR part 123 (https://www.ecfr.gov/); subpart B provides the requirements of state program 
submissions, which IDEQ refers to as the IPDES program application. EPA 
may approve a partial and phased program under CWA section 402(n)(4). 
33 U.S.C. 1342(n)(4).
    Pursuant to CWA section 402(d), 33 U.S.C. 1342(d), EPA can object 
to draft IPDES permits proposed by IDEQ and, if the objections are not 
resolved, the authority to issue such permits transfers to EPA. EPA 
retains enforcement authorities under CWA sections 308, 309, 402(i) and 
504 and may take enforcement actions if EPA determines that the State 
has not taken timely and/or appropriate enforcement actions for IPDES 
program violations as authorized under those provisions.
    Public notice of the application: On August 11, 2017, EPA initiated 
the public comment period for the IPDES program application in the 
Federal Register (82 FR 37583) pursuant to 40 CFR 123.61. The public 
process included informational meetings and public hearings in the 
following five Idaho cities on the dates set forth:

    September 11, 2017 at Central Public Library in Idaho Falls.
    September 12, 2017 at Twin Falls Public Library.
    September 13, 2017 at Boise Public Library.
    September 14, 2017 at Lewiston Community Center.
    September 15, 2017 at Coeur d'Alene Public Library.

    These meetings included an overview of both the federal and state 
programs and provided an opportunity for question and answer. Each 
informational meeting was immediately followed by a public hearing in 
accordance with 40 CFR 124.12 and provided interested parties with the 
opportunity to give written and/or oral testimony into the official 
record. All comments received by EPA were considered and responded to 
by EPA with the final IPDES program approval. Information about the 
IPDES Program Application is available in the Federal Register document 
for the application and the response to comments is available from 
EPA's web page https://www.epa.gov/npdes-permits/idaho-npdes-program-authorization.
    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 
EPA; and oversee the regulated activities of all IPDES-permitted 
facilities. 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 separate storm 
sewer systems, construction and industrial storm water general permits, 
and individual permits for storm water discharges; sewage sludge 
(biosolids) program under 40 CFR part 503; and the pretreatment program 
under 40 CFR part 403. IDEQ will not have authority to regulate 
discharges incidental to the normal operation of a non-military, non-
recreational vessel operating in a capacity as a means of 
transportation. Instead, EPA has the authority under CWA section 402, 
33 U.S.C. 1342, to regulate those discharges from non-military, non-
recreational vessels and all ballast water discharges.
    IDEQ will assume permitting and compliance authority for the NPDES 
program in four phases. EPA will retain full permitting and compliance 
authority for the relevant major component(s) until that authority is 
transferred to IDEQ in accordance with

[[Page 27771]]

the following schedule of anticipated transfer dates:

    Phase I--Individual Municipal Permits and Pretreatment on July 
1, 2018.
    Phase II--Individual Industrial Permits on July 1, 2019.
    Phase III--General Permits (Aquaculture, Pesticide, CAFO, 
Suction Dredge, Remediation) on July 1, 2020.
    Phase IV--Federal Facilities, General and Individual Stormwater 
Permits and Biosolids on July 1, 2021.

    Public process and tribal consultation: EPA opened a 60-day public 
comment period that ended on October 10, 2017. In addition, EPA held 
public hearings during the week of September 11, 2017, to accept 
comments on the IPDES program application. The Response to Comments and 
Testimony compiles all comments and testimony submitted to EPA during 
the public comment period and provides EPA's response to those comments 
available at EPA's website.
    A total of 18 comment letters and testimonials were received during 
the comment period. Of those 18, 10 commenters expressed support for 
the transfer of NPDES authority to IDEQ. One commenter expressed a 
general concern about IDEQ's ability to adequately run a program that 
sufficiently protects the environment. The remaining 7 commenters 
provided specific comments about the IPDES program application or IPDES 
program. EPA provided responses to all comments. No comments resulted 
in changes to the IPDES program application as provided with the 
Federal Register document for the IPDES program application.
    EPA engaged with all five federally-recognized Idaho tribes 
(Shoshone-Bannock Tribe, Shoshone-Paiute Tribe, Nez Perce Tribe 
Council, Coeur d'Alene Tribe and the Kootenai Tribe) and two federally-
recognized Eastern Washington tribes (Kalispell Tribe and Spokane 
Tribes). EPA participated in several meetings with the Tribes that were 
held before and after the public comment period. The primary outcome of 
the tribal meetings was the development of IDEQ's IPDES Tribal 
Participation Process. This document establishes the process by which 
IDEQ will provide early notification of and participation in permit 
issuance activities with interested tribes, available at IDEQ's website 
http://www.deq.idaho.gov/media/60181337/ipdes-tribal-participation-process.pdf.
    CROMERR: On October 13, 2005, the final Cross-Media Electronic 
Reporting Rule (CROMERR) was published in the Federal Register (70 FR 
59848) and codified under 40 CFR part 3. CROMERR establishes electronic 
reporting as an acceptable regulatory alternative to paper reporting 
and establishes requirements to assure that electronic documents are as 
legally dependable as their paper counterparts. Per the requirements of 
40 CFR 3.2(b)(2), ``A state, tribe, or local government that is 
applying for initial delegation, authorization, or approval to 
administer a federal program or a program in lieu of the federal 
program, and that will allow document submission requirements under the 
program to be satisfied with an electronic document, must use the 
procedures for obtaining delegation, authorization, or approval under 
the relevant part of Title 40 and may not use the procedures set forth 
in 40 CFR 3.1000; but the application must contain the information 
required by 40 CFR 3.1000(b)(1) and the state, tribe, or local 
government must meet the requirements of 40 CFR 3.2000.''
    IDEQ will implement the National Network Discharge Monitoring 
Report System (National NetDMR) and Shared CROMERR Services (SCS) 
electronic document receiving system in accordance with the application 
submitted by IDEQ to EPA on March 26, 2018. The application anticipated 
concurrent approval with the State's 40 CFR part 123 (NPDES State 
Program Requirements) and part 403 (General Pretreatment Regulations 
for Existing and New Source of Pollution) programs to allow electronic 
reporting under 40 CFR parts 122, 125, and 403-471. EPA has reviewed 
IDEQ's application and determined both that the application contains 
the information required 40 CFR 3.1000(b)(1) and that IDEQ's National 
NetDMR and SCS systems comply with the requirements for electronic 
document receiving systems in 40 CFR 3.2000. This approval is effective 
upon the date of this publication in the Federal Register.
    Decision process: The State of Idaho submitted the IPDES program 
application to EPA on August 31, 2016. EPA reviewed the application 
pursuant to 40 CFR part 123, subpart B and the application was deemed 
complete by EPA on September 30, 2016. In accordance with 40 CFR 
123.21(d), IDEQ requested and EPA agreed to extend the statutory review 
period for the application until June 30, 2018. Pursuant to 40 CFR 
123.61, on August 11, 2017, EPA initiated the 60-day public comment 
period as noticed in the Federal Register (82 FR 37583). After the 
close of the public comment period, completion of the required tribal 
consultation and responding to comments, the EPA Administrator approved 
the IPDES program based on the requirements of section 402 of the CWA, 
33 U.S.C. 1342, and 40 CFR part 123. IDEQ and the Regional 
Administrator signed the MOA prior to final IPDES program approval on 
June 5, 2018. Upon approval, the Administrator notified the State of 
Idaho.
    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 EPA's final action authorizing the State of Idaho 
through IDEQ to administer the approval IPDES program regulating 
discharges of pollutants to waters of the U.S. under its jurisdiction.

    Dated: June 5, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018-12806 Filed 6-13-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices                                          27769

                                               normal clearance procedures under the                   reduce the frequency of interactions                   ENVIRONMENTAL PROTECTION
                                               PRA, because either public harm is                      with submitters in cases where EPA has                 AGENCY
                                               reasonably likely to result if normal                   questions about the submission. The
                                               clearance procedures are followed, an                   Points to Consider document is urgently                [FRL–9979–12—Region 10]
                                               unanticipated event has occurred, or the                needed for a more timely and efficient
                                               use of normal clearance procedures is                   new chemical review process.                           Approval of the Application by the
                                               reasonably likely to prevent or disrupt                 Complying with the normal clearance                    State of Idaho To Administer the
                                               the collection of information or is                     procedures for approval of the reporting               National Pollutant Discharge
                                               reasonably likely to cause a statutory or               guidance provided in the Points to                     Elimination System (NPDES) and
                                               court ordered deadline to be missed.                                                                           Electronic Reporting
                                                                                                       Consider document could disrupt the
                                                  An agency may not conduct or
                                               sponsor, and a person is not required to                collection of information by preventing                AGENCY: Environmental Protection
                                               respond to, a collection of information,                companies from accessing applicable                    Agency (EPA).
                                               unless it displays a currently valid OMB                and helpful EPA guidance with respect
                                                                                                                                                              ACTION: Notice.
                                               control number. The OMB control                         to PMNs and SNUNs submitted prior to
                                               numbers are displayed either by                         OMB approval of the ICR and cause                      SUMMARY:   On June 5, 2018, the
                                               publication in the Federal Register or                  harm due to the ensuing delays in                      Administrator for the Environmental
                                               by other appropriate means, such as on                  marketing new chemical substances                      Protection Agency approved the
                                               the related collection instrument or                    because companies do not have access                   application by the State of Idaho to
                                               form, if applicable. The display of OMB                 to the guidance.                                       administer and enforce the Idaho
                                               control numbers for certain EPA                           Respondents/affected entities: Entities              Pollutant Discharge Elimination System
                                               regulations is consolidated in 40 CFR                   potentially affected by this ICR are                   (IPDES) program pursuant to the Clean
                                               part 9.                                                 manufacturers (including importers)                    Water Act. Concurrent with this
                                                  Abstract: The Frank R. Lautenberg                                                                           approval, EPA is also approving IPDES
                                                                                                       and processors of new chemical
                                               Chemical Safety for the 21st Century                                                                           program for electronic reporting. The
                                               Act, immediately effective upon its                     substances.
                                                                                                                                                              Idaho Department of Environmental
                                               enactment on June 22, 2016, made                          Respondent’s obligation to respond:                  Quality (IDEQ) will administer the
                                               significant amendments to TSCA,                         Mandatory (15 U.S.C. 2604).                            approved IPDES program regulating
                                               including imposing a number of new                        Estimated total number of potential                  discharges of pollutants into waters of
                                               responsibilities related to new chemical                respondents: 443.                                      the United States under its jurisdiction
                                               reviews. Specifically, TSCA section 5                                                                          as described in the state’s program
                                               requires that EPA now assess a new                        Frequency of response: On occasion.
                                                                                                                                                              application. EPA has approved the
                                               chemical under the ‘‘conditions of use,’’                 Estimated total burden: 117,176 hours                State’s implementation plan that
                                               which is defined as the circumstances,                  (per year). Burden is defined at 5 CFR                 transfers the administration of specific
                                               as determined by the Administrator,                     1320.3(b).                                             program components from EPA to the
                                               under which the chemical is intended,                                                                          State over a four-year period in
                                                                                                         Estimated total costs: $34,389,692
                                               known or reasonably foreseen to be                                                                             accordance with the Memorandum of
                                                                                                       (per year), includes no annualized
                                               manufactured, processed, distributed in                                                                        Agreement between IDEQ and EPA R10
                                               commerce, used or disposed of. TSCA                     capital investment or maintenance and
                                                                                                       operational costs.                                     (MOA) and subject to EPA oversight and
                                               also now requires that EPA make one of                                                                         enforcement. EPA will suspend
                                               five affirmative determinations on the                    Changes in the estimates: There is an                issuance of NPDES permits in Idaho in
                                               new chemical within the statutory                       increase of 1,379 hours in the total                   accordance with the State’s approved
                                               review period. The new determination                    estimated respondent burden compared                   schedule to transfer NPDES program
                                               requirement has resulted in a backlog of                with that identified in the ICR currently              authority. EPA will retain the authority
                                               section 5 submissions awaiting final                    approved by OMB. This increase reflects                to issue NPDES permits for facilities
                                               action.                                                 the estimated additional time associated               located on tribal lands and/or
                                                  In an effort to avoid future delays and              with reading the new guidance                          discharging to tribal waters.
                                               backlogs and to assist respondents in                   document before preparing and
                                               preparing a Premanufacture Notice                                                                              DATES: On June 5, 2018, the
                                                                                                       submitting a PMN, SNUN, or exemption                   Administrator approved Idaho’s IPDES
                                               (PMN), Significant New Use Notice
                                                                                                       notice (about 1.4 hours per response).                 program including electronic reporting.
                                               (SNUN), or exemption notice (e.g., Low
                                                                                                       This burden increase is the result of a                FOR FURTHER INFORMATION CONTACT: Visit
                                               Volume Exemption or LVE) (hereinafter
                                               collectively referred to as                             program change.                                        EPA’s web page at https://www.epa.gov/
                                               ‘‘notifications’’) submissions in a                       Authority: 44 U.S.C. 3501 et seq.                    npdes-permits/idaho-npdes-program-
                                               manner that satisfies the amended                         Dated: June 7, 2018.
                                                                                                                                                              authorization or contact Karen Burgess,
                                               TSCA section 5 requirements, EPA                                                                               NPDES Permits Unit, EPA Region 10;
                                                                                                       Charlotte Bertrand,
                                               developed a non-binding guidance                                                                               (206) 553–1644; burgess.karen@epa.gov.
                                               document, entitled ‘‘Points to Consider                 Acting Principal Deputy Assistant                      The State’s application, supporting
                                               When Preparing TSCA New Chemical                        Administrator, Office of Chemical Safety and           documentation and EPA’s response to
                                               Notifications’’. To the extent that                     Pollution Prevention.                                  comments received during the public
                                               respondents are able to take information                [FR Doc. 2018–12811 Filed 6–13–18; 8:45 am]            comment period and hearings may be
                                               presented in the Points to Consider                     BILLING CODE 6560–50–P                                 viewed or downloaded from EPA’s web
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                                               document into account prior to                                                                                 page. The IDEQ contact is Mary Anne
                                               preparing and submitting a PMN,                                                                                Nelson, IPDES Program Manager;
                                               SNUN, or exemption notice, EPA also                                                                            mary.anne.nelson@deq.idaho.gov; (208)
                                               anticipates that more robust                                                                                   373–0291. IDEQ’s application, related
                                               submissions will improve the factual                                                                           documents and program development
                                               bases for determinations on new                                                                                documents may be viewed or
                                               chemical notices, speed review, and                                                                            downloaded from the IDEQ website


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                                               27770                                   Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices

                                               http://www.deq.idaho.gov/water-                                              General Information                                  citizens within the state of Idaho. This
                                               quality/ipdes/program-application/.                                                                                               table is not intended to be exhaustive;
                                                                                                                            A. Does this action apply to me?
                                                                                                                                                                                 rather, it provides a guide for readers
                                               SUPPLEMENTARY INFORMATION:                                                     Entities potentially affected by this              regarding entities that this action is
                                                                                                                            action are: The EPA; tribal programs;                likely to regulate.
                                                                                                                            and the regulated community and
                                                                                        TABLE 1—ENTITIES POTENTIALLY AFFECTED BY THIS PROPOSED APPROVAL
                                                                             Category                                                                      Examples of potentially affected entities

                                               State and Indian Tribal Governments ..................                        States and Indian Tribes that provide certification under section 401 of the CWA; States 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                                       309, 402(i) and 504 and may take                     how IDEQ will administer the NPDES
                                               the applicability of this action to a                                        enforcement actions if EPA determines                program. IDEQ will issue IPDES permits
                                               particular entity, consult the person                                        that the State has not taken timely and/             under their jurisdiction; conduct
                                               listed under FOR FURTHER INFORMATION                                         or appropriate enforcement actions for               compliance and enforcement activities;
                                               CONTACT.                                                                     IPDES program violations as authorized               gather and maintain NPDES records and
                                                                                                                            under those provisions.                              report to EPA; and oversee the regulated
                                               B. What action is EPA taking?
                                                                                                                              Public notice of the application: On               activities of all IPDES-permitted
                                                 EPA approved the State of Idaho’s                                          August 11, 2017, EPA initiated the                   facilities. EPA will retain the authority
                                               IPDES program granting IDEQ the                                              public comment period for the IPDES                  to issue NPDES permits for facilities
                                               authority to administer the NPDES                                            program application in the Federal                   located on tribal lands and/or
                                               program in Idaho to regulate discharges                                      Register (82 FR 37583) pursuant to 40                discharging to tribal waters. The scope
                                               of pollutants into waters of the United                                      CFR 123.61. The public process                       of IDEQ permitting authority includes
                                               States under its jurisdiction. Concurrent                                    included informational meetings and                  individual and general permits for
                                               with this approval, EPA is also                                              public hearings in the following five                discharges to waters of the United States
                                               approving IPDES program for electronic                                       Idaho cities on the dates set forth:                 from facilities or activities, including
                                               reporting under the NPDES and                                                                                                     industrial (e.g., commercial, mining, oil
                                                                                                                              September 11, 2017 at Central Public
                                               pretreatment programs.                                                       Library in Idaho Falls.                              and gas, and silviculture discharges;
                                               C. What is EPA’s authority for taking                                          September 12, 2017 at Twin Falls Public            animal feeding operations; and aquatic
                                               this action?                                                                 Library.                                             animal production facilities) and
                                                                                                                              September 13, 2017 at Boise Public                 municipal wastewater treatment
                                                  The CWA created the NPDES program                                         Library.
                                               under which EPA may issue permits                                              September 14, 2017 at Lewiston
                                                                                                                                                                                 facilities (e.g., publicly and privately
                                               authorizing the point source discharge                                       Community Center.                                    owned treatment works); discharges to
                                               of pollutants to waters of the United                                          September 15, 2017 at Coeur d’Alene                waters of the United States from federal
                                               States under conditions required by the                                      Public Library.                                      facilities; storm water discharges,
                                               Act. The CWA provides that EPA shall                                           These meetings included an overview                including municipal separate storm
                                               approve a State to administer its own                                        of both the federal and state programs               sewer systems, construction and
                                               permit program, upon the Governor’s                                          and provided an opportunity for                      industrial storm water general permits,
                                               request, provided that EPA has                                               question and answer. Each                            and individual permits for storm water
                                               determined that the State has adequate                                       informational meeting was immediately                discharges; sewage sludge (biosolids)
                                               authority and a program sufficient to                                        followed by a public hearing in                      program under 40 CFR part 503; and the
                                               meet the Act’s requirements. 33 U.S.C.                                       accordance with 40 CFR 124.12 and                    pretreatment program under 40 CFR
                                               1342(b). The regulatory requirements for                                     provided interested parties with the                 part 403. IDEQ will not have authority
                                               state program approval are set forth in                                      opportunity to give written and/or oral              to regulate discharges incidental to the
                                               40 CFR part 123 (https://                                                    testimony into the official record. All              normal operation of a non-military, non-
                                               www.ecfr.gov/); subpart B provides the                                       comments received by EPA were                        recreational vessel operating in a
                                               requirements of state program                                                considered and responded to by EPA                   capacity as a means of transportation.
                                               submissions, which IDEQ refers to as                                         with the final IPDES program approval.               Instead, EPA has the authority under
                                               the IPDES program application. EPA                                           Information about the IPDES Program                  CWA section 402, 33 U.S.C. 1342, to
                                               may approve a partial and phased                                             Application is available in the Federal              regulate those discharges from non-
                                               program under CWA section 402(n)(4).                                         Register document for the application                military, non-recreational vessels and
                                               33 U.S.C. 1342(n)(4).                                                        and the response to comments is                      all ballast water discharges.
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                                                  Pursuant to CWA section 402(d), 33                                        available from EPA’s web page https://                  IDEQ will assume permitting and
                                               U.S.C. 1342(d), EPA can object to draft                                      www.epa.gov/npdes-permits/idaho-                     compliance authority for the NPDES
                                               IPDES permits proposed by IDEQ and,                                          npdes-program-authorization.                         program in four phases. EPA will retain
                                               if the objections are not resolved, the                                        IPDES program summary: As required                 full permitting and compliance
                                               authority to issue such permits transfers                                    under section 402(b) of the CWA, 33                  authority for the relevant major
                                               to EPA. EPA retains enforcement                                              U.S.C. 1342(b), and 40 CFR 123.22, the               component(s) until that authority is
                                               authorities under CWA sections 308,                                          IPDES program description specifies                  transferred to IDEQ in accordance with


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                                                                             Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Notices                                                  27771

                                               the following schedule of anticipated                   CROMERR establishes electronic                         approved the IPDES program based on
                                               transfer dates:                                         reporting as an acceptable regulatory                  the requirements of section 402 of the
                                                 Phase I—Individual Municipal Permits and              alternative to paper reporting and                     CWA, 33 U.S.C. 1342, and 40 CFR part
                                               Pretreatment on July 1, 2018.                           establishes requirements to assure that                123. IDEQ and the Regional
                                                 Phase II—Individual Industrial Permits on             electronic documents are as legally                    Administrator signed the MOA prior to
                                               July 1, 2019.                                           dependable as their paper counterparts.                final IPDES program approval on June 5,
                                                 Phase III—General Permits (Aquaculture,               Per the requirements of 40 CFR                         2018. Upon approval, the Administrator
                                               Pesticide, CAFO, Suction Dredge,                        3.2(b)(2), ‘‘A state, tribe, or local                  notified the State of Idaho.
                                               Remediation) on July 1, 2020.                           government that is applying for initial                   Authority: This action is taken under
                                                 Phase IV—Federal Facilities, General and
                                               Individual Stormwater Permits and Biosolids
                                                                                                       delegation, authorization, or approval to              the authority of section 402 of the Clean
                                               on July 1, 2021.                                        administer a federal program or a                      Water Act as amended, 33 U.S.C. 1342.
                                                                                                       program in lieu of the federal program,                I hereby provide public notice of EPA’s
                                                  Public process and tribal                            and that will allow document                           final action authorizing the State of
                                               consultation: EPA opened a 60-day                       submission requirements under the                      Idaho through IDEQ to administer the
                                               public comment period that ended on                     program to be satisfied with an                        approval IPDES program regulating
                                               October 10, 2017. In addition, EPA held                 electronic document, must use the                      discharges of pollutants to waters of the
                                               public hearings during the week of                      procedures for obtaining delegation,                   U.S. under its jurisdiction.
                                               September 11, 2017, to accept                           authorization, or approval under the
                                               comments on the IPDES program                                                                                    Dated: June 5, 2018.
                                                                                                       relevant part of Title 40 and may not use
                                               application. The Response to Comments                                                                          E. Scott Pruitt,
                                                                                                       the procedures set forth in 40 CFR
                                               and Testimony compiles all comments                     3.1000; but the application must contain               Administrator.
                                               and testimony submitted to EPA during                   the information required by 40 CFR                     [FR Doc. 2018–12806 Filed 6–13–18; 8:45 am]
                                               the public comment period and                           3.1000(b)(1) and the state, tribe, or local            BILLING CODE 6560–50–P
                                               provides EPA’s response to those                        government must meet the requirements
                                               comments available at EPA’s website.                    of 40 CFR 3.2000.’’
                                                  A total of 18 comment letters and                       IDEQ will implement the National                    ENVIRONMENTAL PROTECTION
                                               testimonials were received during the                   Network Discharge Monitoring Report                    AGENCY
                                               comment period. Of those 18, 10                         System (National NetDMR) and Shared                    [EPA–HQ–OPP–2018–0007; FRL–9978–34]
                                               commenters expressed support for the                    CROMERR Services (SCS) electronic
                                               transfer of NPDES authority to IDEQ.                    document receiving system in                           Pesticide Product Registration;
                                               One commenter expressed a general                       accordance with the application                        Receipt of Applications for New Active
                                               concern about IDEQ’s ability to                         submitted by IDEQ to EPA on March 26,                  Ingredients
                                               adequately run a program that                           2018. The application anticipated
                                               sufficiently protects the environment.                  concurrent approval with the State’s 40                AGENCY: Environmental Protection
                                               The remaining 7 commenters provided                     CFR part 123 (NPDES State Program                      Agency (EPA).
                                               specific comments about the IPDES                       Requirements) and part 403 (General                    ACTION: Notice.
                                               program application or IPDES program.                   Pretreatment Regulations for Existing
                                               EPA provided responses to all                                                                                  SUMMARY:    EPA has received applications
                                                                                                       and New Source of Pollution) programs
                                               comments. No comments resulted in                                                                              to register pesticide products containing
                                                                                                       to allow electronic reporting under 40
                                               changes to the IPDES program                                                                                   active ingredients not included in any
                                                                                                       CFR parts 122, 125, and 403–471. EPA
                                               application as provided with the                                                                               currently registered pesticide products.
                                                                                                       has reviewed IDEQ’s application and
                                               Federal Register document for the                                                                              Pursuant to the Federal Insecticide,
                                                                                                       determined both that the application
                                               IPDES program application.                              contains the information required 40                   Fungicide, and Rodenticide Act
                                                  EPA engaged with all five federally-                 CFR 3.1000(b)(1) and that IDEQ’s                       (FIFRA), EPA is hereby providing notice
                                               recognized Idaho tribes (Shoshone-                      National NetDMR and SCS systems                        of receipt and opportunity to comment
                                               Bannock Tribe, Shoshone-Paiute Tribe,                   comply with the requirements for                       on these applications.
                                               Nez Perce Tribe Council, Coeur d’Alene                  electronic document receiving systems                  DATES: Comments must be received on
                                               Tribe and the Kootenai Tribe) and two                   in 40 CFR 3.2000. This approval is                     or before July 16, 2018.
                                               federally-recognized Eastern                            effective upon the date of this                        ADDRESSES: Submit your comments,
                                               Washington tribes (Kalispell Tribe and                  publication in the Federal Register.                   identified by the Docket Identification
                                               Spokane Tribes). EPA participated in                       Decision process: The State of Idaho                (ID) Number and the File Symbol of
                                               several meetings with the Tribes that                   submitted the IPDES program                            interest as shown in the body of this
                                               were held before and after the public                   application to EPA on August 31, 2016.                 document, by one of the following
                                               comment period. The primary outcome                     EPA reviewed the application pursuant                  methods:
                                               of the tribal meetings was the                          to 40 CFR part 123, subpart B and the                    • Federal eRulemaking Portal: http://
                                               development of IDEQ’s IPDES Tribal                      application was deemed complete by                     www.regulations.gov. Follow the online
                                               Participation Process. This document                    EPA on September 30, 2016. In                          instructions for submitting comments.
                                               establishes the process by which IDEQ                   accordance with 40 CFR 123.21(d),                      Do not submit electronically any
                                               will provide early notification of and                  IDEQ requested and EPA agreed to                       information you consider to be
                                               participation in permit issuance                        extend the statutory review period for                 Confidential Business Information (CBI)
                                               activities with interested tribes,                      the application until June 30, 2018.                   or other information whose disclosure is
                                               available at IDEQ’s website http://                     Pursuant to 40 CFR 123.61, on August                   restricted by statute.
daltland on DSKBBV9HB2PROD with NOTICES




                                               www.deq.idaho.gov/media/60181337/                       11, 2017, EPA initiated the 60-day                       • Mail: OPP Docket, Environmental
                                               ipdes-tribal-participation-process.pdf.                 public comment period as noticed in the                Protection Agency Docket Center (EPA/
                                                  CROMERR: On October 13, 2005, the                    Federal Register (82 FR 37583). After                  DC), (28221T), 1200 Pennsylvania Ave.
                                               final Cross-Media Electronic Reporting                  the close of the public comment period,                NW, Washington, DC 20460–0001.
                                               Rule (CROMERR) was published in the                     completion of the required tribal                        • Hand Delivery: To make special
                                               Federal Register (70 FR 59848) and                      consultation and responding to                         arrangements for hand delivery or
                                               codified under 40 CFR part 3.                           comments, the EPA Administrator                        delivery of boxed information, please


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Document Created: 2018-06-14 01:38:39
Document Modified: 2018-06-14 01:38:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesOn June 5, 2018, the Administrator approved Idaho's IPDES program including electronic reporting.
ContactVisit EPA's web page at 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] The State's application, supporting documentation and EPA's response to comments received during the public comment period and hearings may be viewed or downloaded from EPA's web page. The IDEQ contact is Mary Anne Nelson, IPDES Program Manager; [email protected]; (208) 373-0291. IDEQ's application, related documents and program development documents may be viewed or downloaded from the IDEQ website http://www.deq.idaho.gov/water-quality/ipdes/program-application/.
FR Citation83 FR 27769 

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