```

[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6112-6113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2722]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9627-9]

Notice of Final National Pollutant Discharge Elimination System 
(NPDES) General Permit for Discharges From Concentrated Animal Feeding 
Operations (CAFOs) in Oklahoma (OKG010000)

AGENCY: Environmental Protection Agency (EPA), Region 6.

ACTION: Notice of NPDES general permit reissuance.

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

SUMMARY: EPA Region 6 today is providing notice that an NPDES general 
permit for discharges from eligible owners/operators of concentrated 
animal feeding operations (CAFOs), in Oklahoma, except those discharges 
on Indian Country was issued. Unless excluded by Part I.D or I.F of the 
final permit, animal feeding operations that are defined as CAFOs or 
designated as CAFOs by the permitting authority (See Part VII 
Definitions, ``CAFOs'') and that are subject to 40 CFR part 412, 
Subparts A (Horses and Sheep), C (Dairy Cows and Cattle Other than Veal 
Calves), and D (Swine, Poultry, and Veal Calves) are eligible for 
coverage under this permit. This permit covers the types of animal 
feeding operations listed above which meet the definition of a CAFO and 
discharge pollutants to waters of the United States.
    A copy of the Region's responses to comments and the final permit 
may be obtained from the EPA Region 6 Internet site: http://www.epa.gov/region6/water/npdes/cafo/index.htm.

DATES: This permit shall be effective on February 1, 2012 and expire on 
January 31, 2017. In accordance with 40 CFR part 23, this permit shall 
be considered issued for the purpose of judicial review on February 21, 
2012. Under section 509(b) of the Clean Water Act, judicial review of 
this general permit can be had by filing a petition for review in the 
United States Court of Appeals within 120 days after the permit is 
considered issued for judicial review. Under section 509(b)(2) of the 
Clean Water Act, the requirements in this permit may not be challenged 
later in civil or criminal proceedings to enforce these requirements. 
In addition, this permit may not be challenged in other agency 
proceedings. Deadlines for submittal of notices of intent are provided 
in Part I.E of the permit.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Water Quality 
Protection Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, telephone: (214) 665-2145, or via email at: 
smith.diane@epa.gov.

SUPPLEMENTARY INFORMATION: Pursuant to section 402 of the Clean Water 
Act (CWA), 33 U.S.C. section 1342, EPA proposed and solicited comments 
on NPDES general permit OKG010000 at 74 FR 12849 (March 25, 2009). The 
comment period was extended to May 26, 2009. See 74 FR 20296 (May 1, 
2009).
    Region 6 received comments from Jean Public; Leo Byford; Oklahoma 
Department of Agriculture, Food, and Forestry (ODAFF); Crawford Farms, 
Inc.; Enviro-Ag Engineering; U.S. Fish and Wildlife Service (USFWS); 
Oklahoma State University (OSU); Pride Feeders, LP; Oklahoma Farm 
Bureau (OFB); Premium Beef Feeders, LLC; Tri-State Feeders, Inc.; Dairy 
Producers of New Mexico (DPNM); Karen Brewer; Murphy-Brown LLC; 
Seaboard Foods; Texas Cattle Feeders Association (TCFA); The Hanor 
Company of Wisconsin, LLC; The Maschhoffs; Wheeler Brothers Grain 
Company (WBGC); Hitch Enterprises (Jason Hitch); Hitch Enterprises 
(Patricia Burt); JBS Five Rivers Cattle Feeding LLC, Oklahoma Pork 
Council (OPC); Robert Bergner; Tyson Foods, Inc.; Richard Robinson.
    On September 15, 2010, the United States Fish and Wildlife Service 
(USFWS) initiated formal consultation on the proposed permitting action 
under section 7 of the Endangered Species Act. Due to the conclusion of 
formal consultation with the USFWS and finalization of its Biological 
Opinion (BO) on December 14, 2011, EPA has removed Part I.D.5 from the 
permit. Additionally, consultation between EPA and the USFWS has 
resulted in the addition and modification of certain permit conditions 
designed with consideration for listed species and critical habitat.
    EPA Region 6 considered all comments received in reaching the final 
permit decision. Additionally, the Oklahoma Department of Environmental 
Quality provided EPA with a CWA Section 401 Certification on June 24, 
2009, which included conditions of certification that were incorporated 
into the final permit. An explicit option to submit notice of intent 
documents electronically was removed from the final permit due to 
unforeseen

[[Page 6113]]

difficulties in setting up such a system at this time. A summary of the 
changes made to the proposed permit can be found in the response to 
comments document on the aforementioned EPA Region 6 Internet site.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 30, 2012.
William K. Honker,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2012-2722 Filed 2-6-12; 8:45 am]
BILLING CODE 6560-50-P
```