SUPPLEMENTARY INFORMATION:

I. Background

This modification is a major modification pursuant to 40 CFR 122.62(a)(15). The EPA Region 10 reissued the Permit on May 13, 2020; the Permit became effective on June 15, 2020 (85 FR 28624). Subsequently, a Petition for Review was filed on September 22, 2020, in the Ninth Circuit Court of Appeals, challenging the Permit on the basis that it did not contain representative effluent monitoring to ensure compliance with all applicable effluent limitations in violation of the Clean Water Act and implementing regulations ( Food & Water Watch et al. v. U.S. Environmental Protection Agency (No. 20-71554)). The Court granted the petition, in part, holding that the Permit failed to include monitoring to ensure compliance with the discharge prohibitions in the Permit. On July 18, 2023, the EPA Region 10 proposed to modify the Permit (88 FR 45900). The proposed modification included new and revised conditions to address the Ninth Circuit Court of Appeal's Order and Opinion filed on December 16, 2021 ( Food & Water Watch et al. v. U.S. Environmental Protection Agency (No. 20-71554)). With this notice, the EPA is initiating a second public comment period focused exclusively on the following additional modifications made to the Permit:

1. Removal of section II.B.9.a in the draft permit modification, regarding land application on surface irrigated fields.

2. Modification of Section II.B.9.b (now section II.B.9.a of the draft permit modification), regarding required visual inspections of land application events and land application setbacks, buffers, or compliance alternatives.

3. Modification of various elements of the nutrient management plan (section III.A.2.a in the draft permit modification).

II. Other Legal Requirements

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

89 FR 48428