Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Notices 25081 

will involve the generation or use of 

environmental data must include a 

provision in the solicitation indicating 

that applicants for these awards must 

demonstrate competency (i) prior to 

award or (ii) if that is not practicable or 

will unduly delay the award prior to 

beginning such activities under the 

award. For awards covered by (i) above 

where the Project Officer obtains the 

competency demonstration prior to 

award the Project Officer will include 

the demonstration in their file. For 

awards covered by (ii) above, where the 

competency demonstration will be 

made after award, the Project Officer 

will include a programmatic term and 

condition in the grant requiring the 

grantee to demonstrate competency 

prior to performing any work involving 

the use or generation of environmental 

data. This competency demonstration 

should be documented in the project 

officer’s file. Sample clauses will be 

provided in the FAQ document. 

Non-competitive awards: Program 

offices that make non-competitive 

awards expected to exceed $200,000 (in 

federal funding) in total maximum value 

that will involve the generation or use 

of environmental data should ensure 

that the applicant demonstrates their 

competency to perform such activities 

prior to award. This will be documented 

by the Project Officer in their file. 

However, if obtaining the competency 

demonstration prior to award is 

impracticable or will cause a significant 

delay of the award, project officers must 

include a programmatic term and 

condition in the grant requiring the 

grantee to demonstrate competency 

prior to performing any such activities. 

This competency demonstration should 

be documented in the project officer’s 

file. Sample clauses will be provided in 

the FAQ document. 

Awards: If, at time of award, it is 

uncertain whether the award will 

exceed $200,000 (in federal funding) in 

total maximum value and involve the 

generation or use of environmental data, 

the project officer will include a term/ 

condition in the award that the recipient 

must demonstrate competency prior to 

performing any such activities (an 

example will be put in the FAQ 

document). 

References 

• U.S. EPA Grants and Debarment, http:// 

www.epa.gov/ogd. 

• U.S. EPA CIO 2106.0 U.S. EPA Quality 

Policy, October 20, 2008, http:// 

www.epa.gov/irmpoli8/policies/ 

21060.pdf. 

• U.S. EPA CIO 2105–P–01–0 EPA Quality 

Manual for Environmental Programs, 

May 5, 2000, http://www.epa.gov/ 

irmpoli8/policies/2105P010.pdf. 

• U.S. EPA Agency Policy Directive Assuring 

the Competency of Environmental 

Protection Agency Laboratories, 

February 23, 2004, http://www.epa.gov/ 

fem/pdfs/labdirective.pdf. 

• U.S. EPA Agency Policy Directive FEM– 

2011–01 Policy to Assure Competency of 

Organizations Generating Environmental 

Measurement Data under Agency 

Funded Acquisitions, March 28, 2011, 

http://www.epa.gov/fem/pdfs/fem-labcompetency-policy.pdf. 

Dated: April 19, 2013. 

Glenn Paulson, 

Science Advisor, Office of the Science 

Advisor. 

[FR Doc. 2013–10043 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9806–1] 

Reissuance of Final NPDES General 

Permits for Facilities/Operations That 

Generate, Treat, and/or Use/Dispose of 

Sewage Sludge by Means of Land 

Application, Landfill, and Surface 

Disposal in EPA Region 8 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of issuance of NPDES 

general permits. 

SUMMARY: Region 8 of the EPA is hereby 

giving notice of its reissuance of the 

National Pollutant Discharge 

Elimination System (NPDES) general 

permits for facilities or operations that 

generate, treat, and/or use/dispose of 

sewage sludge by means of land 

application, landfill, and surface 

disposal in the States of CO, MT, ND, 

and WY and in Indian country in the 

States of CO, MT, ND, SD, WY and UT 

(except for the Goshute Indian 

Reservation and the Navajo Indian 

Reservation). The effective date of the 

general permits is May 13, 2013. 

DATES: The general permits become 

effective on May 13, 2013 and will 

expire five years from that date. For 

appeal purposes, the 120 day time 

period for appeal to the U.S. Federal 

Courts will begin May 13, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Additional information concerning the 

final permits may be obtained from Bob 

Brobst, EPA Region 8, Wastewater Unit 

(8P–W–WW), 1595 Wynkoop Street, 

Denver, CO 80202–1129, telephone 

(303) 312–6129 or Email at 

brobst.bob@epa.gov. 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 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:// 

www.epa.gov/region08/water/biosolids/

documents.html. Please allow one week 

after date of this publication for items to 

be uploaded to the Web page. 

SUPPLEMENTARY INFORMATION: The 

NPDES permit numbers and the areas 

covered by each general permit are 

listed below. 

State Permit No. Area covered by the general permit 

Colorado ............ COG650000 State of Colorado except for Federal Facilities and Indian country. 

COG651000 Indian country within the State of Colorado and the portions of the Ute Mountain Indian Reservation located in New Mexico and in Utah. 

COG652000 Federal Facilities in the State of Colorado, except those located in Indian country, which are covered 

under permit COG51000. 

Montana ............. MTG650000 State of Montana except for Indian country. 

MTG651000 Indian country in the State of Montana. 

North Dakota ..... NDG650000 State of North Dakota except for Indian country. 

NDG651000 Indian country within the State of North Dakota (except for Indian country located within the former boundaries of the Lake Traverse Indian Reservation, which are covered under permit SDG651000) and that 

portion of the Standing Rock Indian Reservation located in South Dakota. 

South Dakota ..... SDG651000 Indian country within the State of South Dakota (except for the Standing Rock Indian Reservation, which 

is covered under permit NDG651000), that portion of the Pine Ridge Indian Reservation located in Nebraska, and Indian country located in North Dakota within the former boundaries of the Lake Traverse 

Indian Reservation. 


emcdonald on DSK67QTVN1PROD with NOTICES
25082 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Notices 

State Permit No. Area covered by the general permit 

Utah ................... UTG651000 Indian country within the State of Utah except for the Goshute Indian Reservation, Navajo Indian Reservation, and Ute Mountain Indian Reservation (which is covered under permit COG651000). 

Wyoming ............ WYG650000 State of Wyoming except for Indian country. 

WYG651000 Indian country within the State of Wyoming. 

On February 19, 1993 (58 FR 9248), 

the EPA promulgated ‘‘Standards for the 

Use or Disposal of Sewage Sludge’’ (40 

CFR part 503) and made revisions to the 

NPDES regulations to include the 

permitting of facilities/operations that 

generate, treat, and/or use/dispose of 

sewage sludge. The States of South 

Dakota and Utah currently are the only 

States in Region 8 that have been 

authorized to administer the biosolids 

(sludge) program. In 2007 EPA reissued 

general permits for facilities or 

operations that generate, treat, and/or 

use/dispose of sewage sludge by means 

of land application, landfill, and surface 

disposal in the States of CO, MT, ND, 

and WY and in Indian country in the 

States of CO, MT, ND, SD, WY and UT 

(except for the Goshute Indian 

Reservation and the Navajo Indian 

Reservation). Those general permits 

expired on October 19, 2012, but were 

administratively extended. Proposed 

reissuance of the general permits was 

published in the Federal Register on 

January 4, 2013 (78 FR 727). The public 

comment period closed on February 19, 

2013. Only one comment was received 

in response to the public notice, a letter 

from the South Dakota Department of 

Agriculture. That letter stated ‘‘In 

response, we offer no comments 

regarding the notice.’’ Accordingly, the 

permits are being reissued without any 

change from the public notice draft. 

The renewal permits are very similar 

to the previous permits. The 

administrative burden for most of the 

regulated sources is expected to be less 

under the general permits than with 

individual permits, and it will be much 

quicker to obtain permit coverage with 

general permits than with individual 

permits. Facilities or operations that 

incinerate sewage sludge are not eligible 

for coverage under these general permits 

and must apply for an individual 

permit. The deadlines for applying for 

coverage under the general permits are 

given in the permits and the Fact Sheet. 

Facilities/operations that had coverage 

under the previous general permit and 

have submitted a timely request for 

coverage under this renewal permit are 

covered automatically under the permits 

unless the permit issuing authority 

requires the submittal of a new notice of 

intent (NOI). 

Other Legal Requirements 

Section 401(a)(1) Certification: Since 

these permits do not involve discharges 

to waters of the United States, 

certification under § 401(a)(1) of the 

Clean Water Act is not necessary for the 

issuance of these permits and 

certification will not be requested. 

Economic Impact (Executive Order 

12866): The 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: The 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 permit proposed today, however, is 

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 RFA) on tribal, 

state, local governments and the private 

sector. The permit proposed today, 

however, is not a ‘‘rule’’ subject to the 

RFA and is therefore not subject to the 

requirements of the UMRA. 

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

et seq. 

Dated: April 2, 2013. 

Derrith R. Watchman-Moore, 

Assistant Regional Administrator, Office of 

Partnerships and Regulatory Assistance. 

[FR Doc. 2013–10050 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R07–SFUND–2013–0267; FRL9807–3] 

Proposed Administrative Cost 

Recovery Settlement Under Section 

122(h) of the Comprehensive 

Environmental Response 

Compensation and Liability Act, as 

Amended, Leadwood Mine Tailings 

Superfund Site, St. Francois County, 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response Compensation 

and Liability Act, as amended 

(CERCLA), notice is hereby given of a 

proposed administrative settlement with 

The Doe Run Resources Corporation, St. 

Louis, Missouri, for recovery of past 

response costs concerning the 

Leadwood Mine Tailings Superfund Site 

in St. Francois County, Missouri. The 

settlement requires The Doe Run 

Resources Corporation to pay 

$175,000.00 to the Hazardous Substance 

Superfund. The settlement includes a 

covenant not to sue the settling party 

pursuant to Section 107(a) of CERCLA. 

For thirty (30) days following the date 

of publication of this notice, EPA will 

receive written comments relating to the 

settlement. EPA will consider all 

comments and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. EPA’s response to any 

comments received will be available for 

public inspection at the EPA Region 7 

office located at 11201 Renner 

Boulevard, Lenexa, Kansas 66219. 

DATES: Comments must be submitted on 

or before May 29, 2013. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 


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