[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47492-47494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18229]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OW-2021-0201; FRL-8821-01-R8]


Notice of Proposed Reissuance of the NPDES General Permits for 
Wastewater Lagoon Systems in Indian Country in EPA, Region 8

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed draft permits and request for public 
comment.

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SUMMARY: EPA, Region 8 (R8) is providing for comment the draft 2021 
National Pollutant Discharge Elimination System (NPDES) General Permits 
for Wastewater Lagoon Systems in Indian Country in R8. These draft 
permits are renewals of existing permits and will authorize discharge 
of wastewater from lagoons located in R8 Indian country in accordance 
with the terms and conditions described therein. EPA proposes to issue 
these permits for five (5) years and is seeking public comment on the 
draft permits.

DATES: Comments must be received on or before October 12, 2021.

ADDRESSES: Comments regarding this document, identified by Docket ID 
No. EPA-R08-OW-2021-0201, may be submitted (preferred method) to the 
Federal Rulemaking Portal: https://www.regulations.gov by following the 
online instructions for submitting comments.
    Tips for preparing your comments. When submitting comments, 
remember to:
    a. Identify the public notice, docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Organize comments by referencing the part of the permit or fact 
sheet by section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified in the DATES section (above).
    Once submitted, comments cannot be edited or removed from 
www.regulations.gov. Additionally, if technical difficulties are 
experienced submitting through this site, comments may be emailed to 
Alysia Tien at <a href="/cdn-cgi/l/email-protection#aadec3cfc484cbc6d3d9c3cbeacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="67130e020949060b1e140e062702170649000811">[email protected]</span></a> using subject line ``Region 8 Lagoon 
General Permit Public Comment''. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Refer 
to the General Information part of the SUPPLEMENTARY INFORMATION 
section below if you intend to submit information considered CBI. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Due to current office procedures related to the COVID-19 outbreak, 
at this time there is no opportunity to submit comments via regular 
mail.

FOR FURTHER INFORMATION CONTACT: For requests to make alternative 
arrangements for access to the docket or comment submission, please 
email or call: Alysia Tien, Wastewater Section, (303) 312-7021 or 
<a href="/cdn-cgi/l/email-protection#314558545f1f505d48425850715441501f565e47"><span class="__cf_email__" data-cfemail="f18598949fdf909d88829890b1948190df969e87">[email protected]</span></a>. Publicly available docket materials related to the 
draft permits may be found in the Federal Rulemaking Portal: https://www.regulations.gov, identified by Docket ID No. EPA-R08-OW-2021-0201. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, if applicable, would be available only in hard copy. However, 
to reduce the risk of COVID-19 transmission, for this action we do not 
plan to offer hard copy review of the docket.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Public Comment Information

    Any interested person may submit comments on the draft permits 
using the

[[Page 47493]]

mechanisms listed above. As of the date of this document, a public 
hearing has not been scheduled. Within the comment period, interested 
persons may also submit a request, to the contact listed above, that 
EPA hold a public hearing pursuant to 40 CFR 124.12, concerning the 
draft permits. Such requests shall state the nature of the issues 
proposed to be raised at the hearing. A public hearing may be held at 
least thirty (30) days after public notice if the Regional 
Administrator finds that response to this document indicates 
significant public interest. All comments and requests for public 
hearings must be received in writing by the close of the public comment 
period. At the time of the final decision on these draft permits, EPA 
will respond to all significant comments and make responses available 
in the docket after the PN period has closed, within the final fact 
sheet associated with the final permits.

B. Submitting CBI

    Do not submit this CBI to EPA through http://regulations.gov or 
email. If you intend to submit CBI information, please email or call: 
Alysia Tien, Wastewater Section, (303) 312-7021 or <a href="/cdn-cgi/l/email-protection#deaab7bbb0f0bfb2a7adb7bf9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="8efae7ebe0a0efe2f7fde7efceebfeefa0e9e1f8">[email protected]</span></a> 
to make arrangements prior to submission. When submitting, clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM, mark the outside of the disk or CD ROM 
as CBI and identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket.

II. Background

    The proposed draft permits are similar to the existing permits and 
will authorize discharge of wastewater in accordance with the terms and 
conditions described therein. The fact sheet for the draft permits is 
also provided, in the docket listed above, and provides detailed 
information on: The decisions used to set limitations, the specific 
geographic areas covered by the draft permits, information on 
monitoring schedules, inspection requirements, and other regulatory 
decisions or requirements.
    Issuance of these permits will cover discharges from wastewater 
lagoon systems located in Colorado, Montana, North Dakota, South 
Dakota, Utah and Wyoming. The draft permits are geographic by state, 
with the permit coverage specified by Indian reservations in the state 
[specific permit coverage areas below]; any land held in trust by the 
United States for an Indian tribe; and any other areas which are Indian 
country within the meaning of 18 U.S.C. 1151.

III. Summary of Draft Permits

    Coverage under the draft permits will be limited to lagoon systems 
treating primarily domestic wastewater and will include two categories 
of coverage; discharging lagoons (DIS), and lagoons expected to have no 
discharge but with the potential to discharge (NODIS). The effluent 
limitations for discharging lagoons are primarily based on the Federal 
Secondary Treatment Regulation (40 CFR part 133). However, if more 
stringent and/or additional effluent limitations were considered 
necessary to comply with applicable water quality standards, etc., 
those limitations and the basis for them are explained in the fact 
sheet and will be imposed by written notification to the permittee. 
Lagoon systems under the NODIS category are required to have no 
discharge except in accordance with the specific provisions of the 
permit (e.g., bypass). Self-monitoring, operation and maintenance, 
routine inspection and other requirements are also included in the 
draft permits. Where tribes have Clean Water Act (CWA) section 
401(a)(1) certification authority, EPA has requested certification that 
the draft permits comply with applicable provisions of the CWA and any 
currently approved tribal water quality standard, in accordance with 
processes outlined in 40 CFR part 124.

Permit Coverage Has Been Designated as Follows for the Draft Permits

    <bullet> Colorado (COG587###): Indian country, as defined in 18 
U.S.C. 1151, located in Colorado generally includes (1) lands within 
the exterior boundaries of the following Indian reservations located 
within Colorado, in part or in full: The Southern Ute Indian 
Reservation and the Ute Mountain Ute Reservation; (2) any land held in 
trust by the United States for an Indian tribe; and (3) any other areas 
that are ``Indian country'' within the meaning of 18 U.S.C. 1151. In 
addition to Indian country in Colorado, the portion of the Ute Mountain 
Ute Reservation located in New Mexico and any other Indian country 
lands in New Mexico and Utah held in trust by the United States for the 
Ute Mountain Ute Tribe or its members.
    <bullet> Montana (MTG589###): Indian country, as defined in 18 
U.S.C. 1151, located in Montana generally includes (1) lands within the 
exterior boundaries of the following Indian reservations located within 
Montana: The Blackfeet Indian Reservation, the Crow Indian Reservation, 
the Flathead Reservation, the Fort Belknap Reservation, the Fort Peck 
Indian Reservation, the Northern Cheyenne Indian Reservation, and the 
Rocky Boy's Reservation; (2) any land held in trust by the United 
States for an Indian tribe; and (3) any other areas that are ``Indian 
country'' within the meaning of 18 U.S.C. 1151.
    <bullet> North Dakota (NDG589###): Indian country, as defined in 18 
U.S.C. 1151, located in North Dakota generally includes (1) lands 
within the exterior boundaries of the following Indian reservations 
located within North Dakota, in part or in full: The Fort Berthold 
Indian Reservation, the Spirit Lake Reservation, the Standing Rock 
Sioux Reservation, and the Turtle Mountain Reservation; (2) any land 
held in trust by the United States for an Indian tribe; and (3) any 
other areas that are ``Indian country'' within the meaning of 18 U.S.C. 
1151. In addition to Indian country in North Dakota, the portion of the 
Standing Rock Sioux Reservation located in South Dakota and any other 
Indian country lands held in trust by the United States for the 
Standing Rock Sioux Tribe or its members in South Dakota.
    The North Dakota draft permit covers the above identified Indian 
country except as provided below: Not including any Indian country 
lands in North Dakota held in trust by the United States for the 
Sisseton-Wahpeton Oyate Tribe or its members, which are covered under 
the South Dakota general permit (SDG589###).
    <bullet> South Dakota (SDG589###): Indian country, as defined in 18 
U.S.C. 1151, located in South Dakota generally includes (1) lands 
within the exterior boundaries of the following Indian reservations 
located within South Dakota, in part or in full: The Cheyenne River 
Reservation, the Crow Creek Reservation, the Flandreau Indian 
Reservation, the Lower Brule Reservation, the Pine Ridge Reservation, 
the Rosebud Indian Reservation, the Standing Rock Reservation, and the 
Yankton Reservation (subject to federal court decisions removing 
certain lands from Indian country status within the Yankton 
Reservation); (2) any land held in trust by the United States for an 
Indian tribe; and (3) any other areas that are ``Indian country'' 
within the meaning of 18 U.S.C. 1151. In addition to Indian country in 
South Dakota, Indian country lands in North Dakota held in trust by the 
United States for the Sisseton-Wahpeton Oyate Tribe or its members, and 
the portion of the Pine

[[Page 47494]]

Ridge Reservation of the Oglala Sioux Tribe located in Nebraska and any 
other Indian country lands in Nebraska held in trust by the United 
States for the Oglala Sioux Tribe or its members.
    The South Dakota draft permit covers the above identified Indian 
country except as provided below: Not including the portion of the 
Standing Rock Sioux Reservation located in South Dakota and any other 
Indian country lands in South Dakota held in trust by the United States 
for the Standing Rock Sioux Tribe or its members, which are covered 
under the North Dakota general permit (NDG589###).
    <bullet> Utah (UTG589###): Indian country, as defined in 18 U.S.C. 
1151, located in Utah generally includes (1) lands within the exterior 
boundaries of the following Indian reservations located within Utah, in 
part or in full: The Goshute Reservation, the Navajo Indian 
Reservation, the reservation lands of the Paiute Indian Tribe of Utah 
(Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of 
Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes), 
the Skull Valley Indian Reservation, the Uintah and Ouray Reservation 
(subject to federal court decisions removing certain lands from Indian 
country status within the Uintah and Ouray Reservation), and the 
Washakie Reservation; (2) any land held in trust by the United States 
for an Indian tribe; and (3) any other areas that are ``Indian 
country'' within the meaning of 18 U.S.C. 1151.
    The Utah draft permit covers the above identified Indian country 
except as provided below: Not including any Indian country lands in 
Utah held in trust by the United States for the Ute Mountain Ute Tribe 
or its members, which are covered under the Colorado general permit 
(COG587###). Not including the portions of the Goshute Reservation and 
the Navajo Indian Reservation in Utah, or any other Indian country 
lands in Utah held in trust by the United States for the Navajo Nation 
or its members or for the Confederated Tribes of the Goshute 
Reservation or its members, which are regulated by EPA Region 9.
    <bullet> Wyoming (WYG589###): Indian country, as defined at 18 
U.S.C. 1151, located in Wyoming generally includes any lands within the 
exterior boundaries of the Wind River Indian Reservation (subject to 
Wyoming v. EPA, 875 F.3d 505 (10th Cir. 2017), cert. denied, 138 S. Ct. 
2677 (2018)); any land held in trust by the United States for an Indian 
tribe; and any other areas that are ``Indian country'' within the 
meaning of 18 U.S.C. 1151.

IV. Other Legal Requirements

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not subject to submission to the Office of Management and 
Budget (OMB) for formal review.

B. Executive Order 12898: Federal Actions To Address Environmental 
Justice (EJ) in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes 
federal executive policy on EJ. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make EJ part of their mission by identifying and addressing, as 
appropriate, disproportionately high and adverse human health or 
environmental effects of their programs, policies, and activities on 
minority populations and low-income populations in the United States.
    EPA conducted an EJ Analysis, which is described in Section VII of 
the fact sheet. EPA has preliminarily determined that the draft permits 
will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations based on 
the effluent limits and reporting requirements contained therein. EPA 
requests comment on this preliminary determination and/or any 
modifications EPA could make to the proposed permits to address EJ 
concerns.
    Authority: CWA, 33 U.S.C. 1251, et seq.

    Dated: August 19, 2021.
Judy Bloom,
Manager, Clean Water Branch.
[FR Doc. 2021-18229 Filed 8-24-21; 8:45 am]
BILLING CODE 6560-50-P


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