Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53299 

copies of the comments. For 

attachments, provide an index, number 

pages consecutively with the comments, 

and submit an unbound original and 

three copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2010– 

0709. Please ensure that your comments 

are submitted within the specified 

comment period. Comments received 

after the closing date will be marked 

‘‘late,’’ and may only be considered if 

time permits. It is EPA’s policy to 

include all comments it receives in the 

public docket without change and to 

make the comments available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless a comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: Documents in the docket are 

listed in the http://www.regulations.gov 

index. 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 materials, such as 

copyrighted material, are publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket in the EPA Headquarters 

Docket Center. 

Dated: August 25, 2010. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. 2010–21696 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9195–3] 

Issuance of NPDES General Permits 

for Wastewater Lagoon Systems 

Located in Indian Country in Colorado, 

Montana, North Dakota, South Dakota, 

Utah and Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of issuance of NPDES 

general permits. 

SUMMARY: EPA Region 8 is hereby giving 

notice of its reissuance of five National 

Pollutant Discharge Elimination System 

(NPDES) general permits for wastewater 

lagoon systems that are located in 

Indian country in the States of Montana, 

North Dakota, South Dakota, Utah and 

Wyoming and the issuance of the 

NPDES general permit for wastewater 

lagoon systems that are located in 

Indian country in the State of Colorado 

and that are treating primarily domestic 

wastewater. The general permits are 

grouped geographically by State, with 

the permit coverage being for specified 

Indian reservations in the State; 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. The permits 

for the States of MT, ND, SD, UT, and 

WY are being reissued and replace 

permits that were issued in 2004. Those 

permits expired August 16, 2009, and 

have been administratively extended. 

The permit for the State of Colorado is 

being issued for the first time. The 

effective date of these general permits is 

September 14, 2010. 

The NPDES permit number and the 

area covered by that general permit are 

listed below by State: 

Colorado: COG589### This permit 

covers the Southern Ute Reservation 

and the Ute Mountain Reservation, 

including those portions of the Ute 

Mountain Reservation located in New 

Mexico and Utah; any land within the 

State of Colorado held in trust by the 

United States for an Indian Tribe; and 

any other areas within the State of 

Colorado which are Indian country 

within the meaning of 18 U.S.C. 1151. 

Montana: MTG589### This permit 

covers the Blackfeet Indian Reservation 

of Montana; the Crow Indian 

Reservation; the Flathead Reservation; 

the Fort Belknap Reservation of 

Montana; the Fort Peck Indian 

Reservation; the Northern Cheyenne 

Indian Reservation; the Rocky Boy’s 

Reservation; any land within the State 

of Montana held in trust by the United 

States for an Indian Tribe; and any other 

areas within the State of Montana which 

are Indian country within the meaning 

of 18 U.S.C. 1151. 

North Dakota: NDG589### This 

permit covers the Fort Berthold 

Reservation; the Spirit Lake Indian 

Reservation; the Standing Rock Sioux 

Reservation; the Turtle Mountain 

Reservation; any land within the State 

of North Dakota held in trust by the 

United States for an Indian Tribe; and 

any other areas within the State of North 

Dakota which are Indian country within 

the meaning of 18 U.S.C. 1151. 

This permit includes that portion of 

the Standing Rock Sioux Reservation 

and associated Indian country located 

within the State of South Dakota. It does 

not include any land held in trust by the 

United States for the Sisseton-Wahpeton 

Oyate of the Lake Traverse Reservation 

or any other Indian country associated 

with that Tribe, which is covered under 

general permit SDG589###. 

South Dakota: SDG589### This 

permit covers the Cheyenne River 

Reservation; Crow Creek Reservation; 

the Flandreau Santee Sioux Indian 

Reservation; the Lower Brule 

Reservation; the Pine Ridge Reservation 

(including the entire Reservation, which 

is located in both South Dakota and 

Nebraska); the Rosebud Indian 

Reservation; the Yankton Sioux 

Reservation; any land within the State 

of South Dakota held in trust by the 

United States for an Indian Tribe; and 

any other areas within the State of 

South Dakota which are Indian country 

within the meaning of 18 U.S.C. 1151. 

This permit includes any land in the 

State of North Dakota that is held in 

trust by the United States for the 

Sisseton-Wahpeton Oyate of the Lake 

Traverse Reservation or any other 

Indian country associated with that 

Tribe. It does not include the Standing 

Rock Sioux Reservation or any 

associated Indian country, which is 

covered under general permit 

NDG589###. 

Utah: UTG589### This permit covers 

the Northwestern Band of Shoshoni 

Nation of Utah Reservation (Washakie); 

the Paiute Indian Tribe of Utah 

Reservation; the Skull Valley Indian 

Reservation; Indian country lands 

within the Uintah and Ouray Indian 

Reservation; any land within the State 

of Utah held in trust by the United 

States for an Indian Tribe; and any other 


srobinson on DSKHWCL6B1PROD with NOTICES
53300 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

areas within the State of Utah which are 

Indian country within the meaning of 18 

U.S.C. 1151, except as provided in the 

following paragraph. 

It does not include any portions of the 

Navajo Nation, the Goshute Reservation, 

the Ute Mountain reservation in Utah, 

or any land held in trust by the United 

States for an Indian Tribe that is 

associated with those Reservations, or 

any other areas which are Indian 

country within the meaning of 18 U.S.C. 

1151 that are associated with those 

Reservations. 

Wyoming: WYG589### This permit 

covers the Wind River Reservation; any 

land within the State of Wyoming held 

in trust by the United States for an 

Indian Tribe; and any other areas within 

the State of Wyoming which are Indian 

country within the meaning of 18 U.S.C. 

1151. 

DATES: The general permits become 

effective on September 14, 2010 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 September 14, 2010. 

ADDRESSES: The administrative record is 

available by appointment for review and 

copying at the EPA Region 8 offices 

during the hours of 10 a.m. to 4 p.m. 

Monday through Friday, Federal 

holidays excluded. To make an 

appointment to look at or copy the 

documents call Donna Roberts at 303– 

312–6371 or Colleen Gillespie at 303– 

312–6133. The Region 8 offices are 

located at 1595 Wynkoop Street, 

Denver, CO 80202–1129. A reasonable 

fee may be charged for copying. 

FOR FURTHER INFORMATION CONTACT: 

Additional information concerning the 

final permits may be obtained from 

Colleen Gillespie, EPA Region 8, 

Wastewater Unit (8P–W–WW), 1595 

Wynkoop Street, Denver, CO 80202– 

1129, telephone 303–312–6133 or e-mail 

at gillespie.colleen@epa.gov. The final 

general permits, the fact sheet, Response 

to Comments, and additional 

information may be downloaded from 

the EPA Region 8 Web page at http:// 

www.epa.gov/region8/water/ 

wastewater/download. Please allow one 

week after date of this publication for 

items to be uploaded to the Web page. 

Copies of a specific general permit, the 

fact sheet, and/or Response to 

Comments may also be obtained by 

writing Donna Roberts at the above 

address or telephone 303–312–6371. 

SUPPLEMENTARY INFORMATION: Proposed 

reissuance of the general permits was 

published in the Federal Register on 

July 24, 2009, 74 FR 36705. The public 

comment period closed on August 24, 

2009. A summary of each comment 

received and Region 8’s response to the 

comments are given in a separate 

document, ‘‘Response to Comments 

Received During the 2009 Public Notice 

of Draft NPDES General Permits for 

Wastewater Lagoon Systems Located in 

Colorado, Montana, North Dakota, 

South Dakota, Utah and Wyoming. 

The use of wastewater lagoon systems 

is the most common method of treating 

municipal wastewater in Indian country 

in Region 8. Wastewater lagoon systems 

are also used to treat domestic 

wastewater from isolated housing 

developments, schools, camps, 

missions, and similar sources of 

domestic wastewater that are not 

connected to a municipal sanitary sewer 

system and do not use septic tank 

systems. Region 8 wants to continue 

using 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 essentially be the 

same with an individual permit or 

under the general permit. 

Coverage under the general permits 

will be limited to those wastewater 

lagoon systems that meet the following 

criteria: 

1. The wastewater lagoon system is 

located in Indian country in EPA Region 

8; 

2. The wastewater lagoon system 

treats primarily domestic wastewater; 

and 

3. The wastewater lagoon system is: 

a. A facility listed in Appendix A of 

the fact sheet; or 

b. A facility not listed in Appendix A 

that meets the requirements specified in 

Part 5 of the general permit for complete 

retention wastewater lagoon systems. 

If facilities that do not meet the criteria 

above seek coverage under this general 

permit, EPA will notify the facility that 

it must apply for an individual permit. 

The eligibility criteria above are more 

restrictive than those in the draft general 

permit that was publicly noticed on July 

24, 2009. 

Lagoon systems covered under the 

general permit will include the 

following three categories: (1) Lagoons 

where no prior notification is required 

before starting to discharge; (2) lagoons 

where prior notification is required 

before starting to discharge; and (3) 

lagoons that are 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 

necessary to comply with applicable 

water quality standards, 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. The permits do 

not authorize the discharge of 

wastewater from land application sites, 

but they do require that the land 

application of wastewater from the 

lagoon systems be done in accordance 

with a written operational plan for the 

land application of the wastewater. The 

objectives of the operational plan are to 

minimize the potential for the discharge 

of wastewater from the land application 

site and to avoid applying excessive 

amounts of nitrogen to the land 

application site. 

With the exception of the Flathead 

Reservation, the Fort Peck Indian 

Reservation, the Northern Cheyenne 

Indian Reservation, and the Ute 

Mountain Reservation, where the Tribes 

have Clean Water Act section 401(a)(1) 

certification authority, EPA will certify 

that the permits comply with the 

applicable provisions of the Clean Water 

Act as long as the permittees comply 

with all permit conditions. 

Certifications were received for the 

Flathead Reservation and the Northern 

Cheyenne Indian Reservation. No 

responses were received for the requests 

for certification for the Fort Peck Indian 

Reservation and the Ute Mountain 

Reservation and the 60-day response 

period has expired. Therefore EPA 

considers certification as being waived 

for those reservations in accordance 

with the provisions of 40 CFR 

124.53(c)(3). 

Other Legal Requirements 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53301 

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. 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 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: August 24, 2010. 

Stephen S. Tuber, 

Assistant Regional Administrator, Office of 

Partnerships and Regulatory Assistance. 

[FR Doc. 2010–21675 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9195–6] 

Proposed Cercla Administrative Order 

on Consent for the Standard Mine Site, 

Gunnison County, CO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: In accordance with the 

requirements of section 122(i) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9622(I), notice is hereby given of a 

proposed Administrative Order on 

Consent (‘‘AOC’’) under sections 104, 

106, 107, and 122 of CERCLA, 42 U.S.C. 

9604, 9606, 9607, and 9622, between 

EPA and Elijah Valencia regarding the 

Standard Mine Site, located in 

Gunnison County, Colorado. The 

proposed AOC is for recovery of past 

and projected future response costs 

concerning the Standard Mine site in 

Gunnison County, Colorado with Elijah 

Valencia based upon ability to pay. The 

settlement requires the settling party to 

execute an environmental covenant and 

provide access to real property. The 

settlement includes a covenant not to 

sue the settling party pursuant to 

Section 107(a) of CERCLA, 42 U.S.C. 

9607(a). For thirty (30) days following 

the date of publication of this notice, the 

Agency will consider all comments 

received on the AOC and may modify or 

withdraw its consent to the AOC, if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the EPA 

Superfund Record Center, 1595 

Wynkoop Street, 2nd Floor, in Denver, 

Colorado. 

DATES: Comments must be submitted on 

or before September 30, 2010. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at the EPA 

Superfund Records Center, 1595 

Wynkoop Street, 2nd Floor, in Denver, 

Colorado 80202. Comments and 

requests for a copy of the proposed 

settlement should be addressed to John 

D. Works, Enforcement Specialist 

(8ENF–RC), Technical Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, and should 

reference the Standard Mine Site/ 

Valencia settlement. 

FOR FURTHER INFORMATION CONTACT: John 

D. Works, Enforcement Specialist 

(8ENF–RC), Technical Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6196. 

It is so agreed. 

Dated: August 25, 2010. 

Sharon L. Kercher, 

Acting Assistant Regional Administrator, 

Office of Enforcement, Compliance and 

Environmental Justice, U.S. Environmental 

Protection Agency, Region 8. 

[FR Doc. 2010–21718 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9195–1] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Town of 

Sturbridge, MA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy America requirements 

of ARRA Section 1605 under the 

authority of Section 1605(b)(2) 

[manufactured goods are not produced 

in the United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality] to the Town of 

Sturbridge, Massachusetts (‘‘Town’’) for 

the purchase of a foreign manufactured 

submersible mixer to be installed in a 

new septage storage tank as part of a 

proposed wastewater treatment plant 

upgrade. This is a project specific 

waiver and only applies to the use of the 

specified product for the ARRA project 

being proposed. Any other ARRA 

recipient that wishes to use the same 

product must apply for a separate 

waiver based on project specific 

circumstances. Based upon information 

submitted by Sturbridge and its 

consulting engineer, it has been 

determined that there are currently no 

domestic manufactured submersible 

mixers available to meet its proposed 

technical project specifications. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the purchase of a foreign 

manufactured submersible mixer by the 

Town of Sturbridge, Massachusetts, as 

specified in its May 25, 2010 request. 

DATES: Effective Date: August 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

David Chin, Environmental Engineer, 

(617) 918–1764, or Katie Connors, 

Environmental Engineer, (617) 918– 

1658, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 

1605(b)(2) and 1605(c), the EPA hereby 

provides notice that it is granting a 

project waiver of the requirements of 


srobinson on DSKHWCL6B1PROD with NOTICES