[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26114-26115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8664]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8309-5]


Issuance of Final NPDES General Permit for Groundwater 
Remediation Discharge Facilities in Idaho (Permit No. ID-G91-0000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing notice of availability of a general National Pollutant 
Discharge Elimination System (NPDES) permit for groundwater remediation 
discharge

[[Page 26115]]

facilities in Idaho, pursuant to the provisions of the Clean Water Act, 
33 U.S.C. 1251 et seq. The general permit authorizes the discharge of 
treated groundwater from new and existing facilities to surface waters 
of the United States within the State of Idaho. Existing dischargers 
must apply for coverage within 90 days of the effective date of the 
permit by submitting a Notice of Intent (NOI) in accordance with the 
instructions in the permit. New dischargers whose operations commence 
after the effective date of the general permit must submit a NOI at 
least 30 days prior to the commencement of the discharge. A fact sheet 
has also been prepared which sets forth the principle factual, legal, 
policy, and scientific information considered in the development of the 
general permit.
    The general permit contains a variety of technology-based and water 
quality-based effluent limitations for 55 pollutants of concern 
commonly found in contaminated groundwater, along with administrative 
and monitoring requirements, as well as other standard conditions, 
prohibitions, and management practices. Effluent limits are applied at 
end-of-pipe with no mixing zone. However, mixing zones are available on 
an individual basis at the discretion of the Idaho Department of 
Environmental Quality (IDEQ) for pollutants with water quality-based 
effluent limits. Mixing zones will be granted through an individual 
State certification that will be attached to EPA's authorization to 
discharge letter.

DATES: Effective Date: The general NPDES permit shall become effective 
on July 1, 2007.
    Public Comment: Pursuant to section 402 of the Clean Water Act, EPA 
proposed the draft general permit and solicited comments in the Federal 
Register at 71 FR 34131-34132 (June 13, 2006). Notice of the draft 
permit was also published in the Idaho Statesman and the Coeur d'Alene 
Press. The 60 day comment period on the draft permit expired on August 
14, 2006. In addition, copies of the draft permit were sent to known 
groundwater remediation facilities discharging to surface water in 
Idaho. Changes have been made from the draft permit to the final permit 
in response to comments received from facility representatives, 
government agencies, and trade groups. All comments, along with EPA's 
responses, are summarized in the Response to Comment document. The 
general permit, fact sheet, and Response to Comment document may be 
obtained by contacting Robert Rau; USEPA Region 10; 1200 6th Ave, OWW-
130; Seattle, Washington 98101; or via e-mail at <a href="/cdn-cgi/l/email-protection#1c6e7d69326e737e5c796c7d327b736a"><span class="__cf_email__" data-cfemail="cfbdaebae1bda0ad8faabfaee1a8a0b9">[email protected]</span></a>. These 
documents may also be downloaded from the Region 10 Web site at http://www.epa.gov/r10earth/waterpermits.htm (click on general permits).

Other Legal Requirements

State Water Quality Standards and State Certification

    Pursuant to Section 401 of the Clean Water Act, IDEQ has certified 
that the conditions of the general permit comply with State Water 
Quality Standards (IDAPA 58.01.02), including the State's 
antidegradation policy.

Endangered Species Act

    EPA has determined that issuance of the groundwater remediation 
discharge general permit will have no affect any threatened or 
endangered species, designated critical habitat, or essential fish 
habitat.

Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to Office of Management and Budget (OMB) review.

Paperwork Reduction Act

    The information collection requirements of this general permit were 
previously approved by the OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. However, general 
NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 
553(b), and is therefore not subject to the RFA.

Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, State, and local governments and the 
private sector. However, the general permit issued today is not a 
``rule'' subject to the RFA, and is therefore not subject to the UMRA.

Appeal of Permit

    Any interested person may appeal the general permit in the Federal 
Court of Appeals in accordance with section 509(b)(1) of the Clean 
Water Act. This appeal must be filed within 120 days of the permit 
effective date. Persons affected by the permit may not challenge the 
conditions of the permit in further EPA proceedings (see 40 CFR 
124.19). Instead, they may either challenge the permit in court or 
apply for an individual NPDES permit.

    Signed this 27th day of April, 2007.
Michael F. Gearheard,
Director, Office of Water and Watersheds.
 [FR Doc. E7-8664 Filed 5-7-07; 8:45 am]
BILLING CODE 6560-50-P


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