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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Page 100485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29241]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6464.1-04-R10]

Modification of the NPDES General Permit for Concentrated Animal 
Feeding Operations (CAFOs) Located in Idaho Excluding Tribal Lands 
(IDG010000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Modification of NPDES general permit.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, is 
modifying the National Pollutant Discharge Elimination System (NPDES) 
General Permit for Concentrated Animal Feeding Operations (CAFOs) in 
Idaho excluding Tribal lands (IDG010000).

DATES: The issuance date of this modification is December 12, 2024. The 
modified general permit will be effective February 1, 2025. The general 
permit will expire on June 14, 2025.

ADDRESSES: Copies of the modified general permit, fact sheet addendums 
and response to comments document are available online: https://www.epa.gov/npdes-permits/npdes-general-permit-concentrated-animal-feeding-operations-cafos-idaho.

FOR FURTHER INFORMATION CONTACT: Requests may be made to Audrey 
Washington at (206) 553-0523 or to Nicholas Peak at (208) 378-5765. 
Requests may also be electronically mailed to: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: The modification is a major modification 
pursuant to 40 CFR 122.62(a)(15). The EPA Region 10 reissued the NPDES 
General Permit for CAFOs in Idaho (IDG010000) on May 13, 2020; the 
general 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 general 
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 holding that the 
general permit failed to include monitoring to ensure compliance with 
the discharge prohibitions in the general permit. The general permit 
remained in effect while the EPA worked to address the issues. The 
modified general permit includes 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)). The modified general permit will transfer to 
the State of Idaho as part of the phased implementation of Idaho's 
administration of the NPDES program. The EPA will remain the permitting 
authority for CAFO facilities located in Indian Country in Idaho.
    The EPA opened two public comment periods on proposed modifications 
to the existing general permit, one on July 18, 2023 (88 FR 45900) and 
one on June 6, 2024 (89 FR 48428). The EPA received comments from four 
organizations/entities on the 2023 permit modification, and from five 
organizations/entities on the 2024 permit modification. A Response to 
Comments document was prepared to respond to public comments received 
and explain any changes made to the draft modified general permit to 
produce a final modified general permit.

Other Legal Requirements

    This permit modification 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 general permit.

Appeal of Permit

    Any interested person may appeal the final permit action on or 
before April 11, 2025 (i.e., 120 days from the issuance date of this 
general permit) in the Federal Court of Appeals in accordance with 
section 509(b)(1) of the CWA, 33 U.S.C. 1369(b)(1).

Mathew Martinson,
Director, Water Division, Region 10.
[FR Doc. 2024-29241 Filed 12-11-24; 8:45 am]
BILLING CODE 6560-50-P
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