[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Pages 31773-31774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15446]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6109-8]


Public Notice of Draft NPDES General Permits for Wastewater 
Lagoon Systems Located On Indian Reservations in Montana, North Dakota, 
South Dakota, Utah, and Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to issue NPDES general permits.

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SUMMARY: Region VIII of EPA is hereby giving notice of its tentative 
determination to issue National Pollutant Discharge Elimination System 
(NPDES) general permits for wastewater lagoon systems located on Indian 
Reservations in the States of MT, ND, SD, UT, and WY and treating 
primarily domestic wastewater. The use of wastewater lagoon systems is 
the most common method of treating municipal wastewater and domestic 
wastewater from isolated housing developments, schools, etc., on the 
Indian Reservations in those states. Region VIII is proposing to use 
general permits instead of individual permits for permitting the 
discharges from such facilities in order to reduce the Region's 
administrative burden of issuing separate individual permits. The 
administrative burden for the regulated sources is expected to be about 
the same under the general permits as with individual permits, but it 
will be much quicker to obtain permit coverage with general permits 
than with individual permits. The discharge requirements would be 
essentially the same with an individual permit or under the general 
permit. A separate general permit is proposed to cover the 
aforementioned facilities within the exterior boundaries of a single 
reservation.

DATES: Public comments on this proposal must be received, in writing, 
on or before August 10, 1998.


[[Page 31774]]


ADDRESSES: Public comments should be sent to: State Assistance Program 
(8P2-SA); Attention: NPDES Permits; U.S. EPA, Region VIII; 999 18th 
Street, Suite 500; Denver, CO 80202-2466.

FOR FURTHER INFORMATION CONTACT: For a copy of the draft permit and 
Fact Sheet, please write William Kennedy at the above address or 
telephone (303) 312-6285. Copies of the draft permit and Fact Sheet may 
also be downloaded from the EPA Region VIII web page at <a href="http://
www.epa.gov/region08/html/npdes/lagoons.html">http://
www.epa.gov/region08/html/npdes/lagoons.html</a>. Questions regarding the 
specific permit requirements may be directed to Bruce Kent, telephone 
(303) 312-6133.

SUPPLEMENTARY INFORMATION: It is proposed that general permits be 
issued for discharges from wastewater lagoon systems located on the 
following Indian Reservations:

------------------------------------------------------------------------
                Permit No.                       Indian Reservation     
------------------------------------------------------------------------
Montana:                                                                
    MTG581###.............................  Blackfeet Indian            
                                             Reservation;               
    MTG582###.............................  Crow Indian Reservation;    
    MTG583###.............................  Flathead Indian Reservation;
    MTG584###.............................  Fort Belknap Indian         
                                             Reservation;               
    MTG585###.............................  Fort Peck Indian            
                                             Reservation;               
    MTG586###.............................  Northern Cheyenne Indian    
                                             Reservation; and,          
    MTG587###.............................  Rocky Boy's Indian          
                                             Reservation.               
North Dakota:                                                           
    NDG581###.............................  Fort Berthold Indian        
                                             Reservation;               
    NDG582###.............................  Fort Totten Indian          
                                             Reservation--Also known as 
                                             Devils Lake Indian         
                                             Reservation;               
    NDG583###.............................  Standing Rock Indian        
                                             Reservation--Includes the  
                                             entire Reservation, which  
                                             is located in both North   
                                             Dakota and South Dakota;   
                                             and,                       
    NDG584###.............................  Turtle Mountain Indian      
                                             Reservation.               
South Dakota:                                                           
    SDG581###.............................  Cheyenne River Indian       
                                             Reservation;               
    SDG582###.............................  Crow Creek Indian           
                                             Reservation;               
    SDG583###.............................  Flandreau Indian            
                                             Reservation;               
    SDG584###.............................  Lower Brule Indian          
                                             Reservation;               
    SDG585###.............................  Pine Ridge Indian           
                                             Reservation--Includes the  
                                             entire Reservation, which  
                                             is located in both South   
                                             Dakota and Nebraska; and,  
    SDG586###.............................  Rosebud Indian Reservation. 
Utah:                                                                   
    UTG581###.............................  Northern Shoshoni Indian    
                                             Reservation;               
    UTG582###.............................  Paiute Indian Reservations--
                                             several very small         
                                             reservations, including    
                                             Cedar City, Indian Peaks,  
                                             Kanosh, Koosharem, and     
                                             Shivwits, located in the   
                                             southwest quarter of Utah; 
    UTG583###.............................  Skull Valley Indian         
                                             Reservation; and,          
    UTG584###.............................  Uintah and Ouray Indian     
                                             Reservation.               
Wyoming:                                                                
    WYG581###.............................  Wind River Indian           
                                             Reservation.               
------------------------------------------------------------------------

    General permits are not being issued for the portions of the Navajo 
Indian Reservation and the Goshutes Indian Reservation in Utah since 
the permitting activities for these reservations are done by Region IX 
of EPA. Also, general permits are not being issued for the Southern Ute 
Indian Reservation located in the State of Colorado and the Ute 
Mountain Indian Reservation located in the States of Colorado, New 
Mexico, and Utah because of water quality concerns in the San Juan 
River Basin portion of the Colorado River Basin.
    Coverage under the general permits will be limited to lagoon 
systems treating primarily domestic wastewater and will include the 
following three categories: (1) lagoons where no permission is required 
before starting to discharge; (2) permission is required before 
starting to discharge; and (3) the lagoon system is required to have no 
discharge. The effluent limitations for lagoons coming under categories 
1 and 2 are based on the Federal Secondary Treatment Regulation (40 CFR 
part 133) and best professional judgement (BPJ). There are provisions 
in the general permits for adjusting the effluent limitations on total 
suspended solids (TSS) and pH in accordance with the provisions of the 
Secondary Treatment Regulation. If more stringent and/or additional 
effluent limitations are considered necessary to comply with applicable 
water quality standards, etc., those limitations may be imposed by 
written notification to the permittee. Lagoon systems under category 3 
are required to have no discharge except in accordance with the bypass 
provisions of the permit. Self-monitoring requirements and routine 
inspection requirements are included in the permits.
    With the exception of the Flathead Indian Reservation and the Fort 
Peck Indian Reservation, where the Tribes have Clean Water Act section 
401(a)(1) certification authority, EPA intends to certify that the 
permit complies with the applicable provisions of the Clean Water Act 
so long as the permittees comply with all permit conditions. The 
permits will be issued for a period of five years, with the permit 
effective date and expiration date determined at the time of issuance.
    Economic Impact (Executive Order 12866): 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: 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. 3501 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) as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA): After review of the facts 
present in the notice printed above, I hereby certify pursuant to the 
provisions of 5 U.S.C. 605(b) that these general permits will not have 
a significant impact on a substantial number of small entities.

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

    Dated: June 3, 1998.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Pollution Prevention, State 
and Tribal Assistance.
[FR Doc. 98-15446 Filed 6-9-98; 8:45 am]
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