[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36705-36706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17708]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8934-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed issuance of NPDES general permits.

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SUMMARY: EPA Region 8 is hereby giving notice of its proposed 
determination to issue six National Pollutant Discharge Elimination 
System (NPDES) general permits for wastewater lagoon systems that are 
located in Indian country in Region 8 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 Montana, North Dakota, 
South Dakota, Utah, and Wyoming are being reissued and replace permits 
that were issued in 2004. Those permits expire August 16, 2009. The 
permit for the State of Colorado is being issued for the first time.
    The use of wastewater lagoon systems is the most common method of 
treating municipal wastewater in Indian country in CO, MT, ND, SD, UT 
and WY. 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 (however 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.

DATES: Public comments on this proposal must be received, in writing, 
on or before August 24, 2009.

ADDRESSES: Public comments should be sent to: Ellen Bonner (8P-W-WW); 
U.S. Environmental Protection Agency, Region 8; 1595 Wynkoop St.; 
Denver, CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: The draft permit and the fact sheet 
for the draft permit are available for download at http://www.epa.gov/region8/water/wastewater/download. Additional information may be 
obtained upon request by calling VelRey Lozano at (303) 312-6128 (or e-
mail <a href="/cdn-cgi/l/email-protection#4a2625302b2425643c2f26382f330a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="6d0102170c0302431b08011f08142d081d0c430a021b">[email protected]</span></a>) or by writing to the address listed above. 
The complete application and related documents are available by 
appointment for review and reproduction at the address listed above 
during the hours of 10 a.m. to 4 p.m. Monday through Friday, Federal 
holidays excluded. To make an appointment to look at the documents call 
Ellen Bonner at 303-312-6371 or VelRey Lozano at 303-312-6128.

SUPPLEMENTARY INFORMATION: It is proposed that general permits be 
issued for discharges from wastewater lagoon systems located in the 
following areas:
    Colorado: COG589### This permit covers the Southern Ute Reservation 
and the Ute Mountain Reservation, including those portions of the 
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 or any other Indian country 
associated with that Tribe, which is covered under general permit 
SDG589<greek-i><greek-i><greek-i>.
    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 Sioux 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 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<greek-i><greek-i><greek-i>.
    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 & Ouray Reservation; any land within 
the State of Utah held in trust by the United States for an Indian 
tribe; and any other areas within the State of Utah which are Indian 
country within the meaning of 18 U.S.C. 1151.
    It does not include any portions of the Navajo Nation or the 
Goshute Reservation, 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.

[[Page 36706]]

    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.
    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) lagoons where permission 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 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. 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 Indian Reservation, the Fort 
Peck Indian Reservation, Northern Cheyenne Indian Reservation, and the 
Ute Mountain Indian Reservation, where the Tribes have Clean Water Act 
section 401(a)(1) certification authority, EPA intends to certify that 
the permits comply with the applicable provisions of the Clean Water 
Act as 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.

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.
    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.
    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 Regulatory Flexibility Act 
(RFA)) on tribal, state, local governments and the private sector. 
Since the permit proposed today is an adjudication, it is not 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: July 17, 2009.
Debra H. Thomas,
 Acting Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance.
[FR Doc. E9-17708 Filed 7-23-09; 8:45 am]
BILLING CODE 6560-50-P


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