[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36453-36454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12857]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8334-1]


Public Notice of Proposed Reissuance of NPDES General Permits for 
Facilities/Operations That Generate, Treat, and/or Use/Dispose of 
Sewage Sludge by Means of Land Application, Landfill, and Surface 
Disposal in EPA Region 8

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to reissue NPDES general permits and request 
for comments.

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SUMMARY: Region 8 of EPA is hereby giving notice of its tentative 
determination to reissue National Pollutant Discharge Elimination 
System (NPDES) general permits for facilities or operations that 
generate, treat, and/or use/dispose of sewage sludge by means of land 
application, landfill, and surface disposal in the States of CO, MT, 
ND, and WY and in Indian country in the States of CO, MT, ND, SD, WY 
and UT (except for the Goshute Indian Reservation and the Navajo Indian 
Reservation).
    On June 21, 2000 and September 21, 2000, U.S. District Judge Donald 
W. Molloy issued orders stating that until all necessary total maximum 
daily loads under Section 303(d) of the Clean Water Act are established 
for a particular water quality limited segment, the EPA is not to issue 
any new permits or increase permitted discharges under the NPDES 
program. (The orders were issued in the lawsuit Friends of the Wild 
Swan, Inc., et al., v. U.S. E.P.A., et al., CV 97-35-M-DWM, District of 
Montana, Missoula Division.) EPA finds that the reissuance of this 
proposed general permit does not conflict with this order, because (1) 
the proposed permit would not authorize any point source discharges and 
(2) as discussed under the ``Protection of Public Health and The 
Environment'' section of the Fact Sheet for the general permits, the 
use and/or disposal of sewage sludge in compliance with the conditions 
of this permit is not likely to have any adverse effect on any water 
body in Montana that has been listed under Section 303(d) of the Clean 
Water Act. If any member of the public believes that EPA should 
interpret the District Court's decision otherwise, EPA requests that 
this issue be brought to its attention during the public comment period 
on this proposed permit. Region 8 is proposing to continue to use 
general permits instead of individual permits for permitting such 
sewage sludge related activities in order to reduce the Region's 
administrative burden of issuing separate individual permits. The 
renewal permits are very similar to the previous permits. The 
administrative burden for most of the regulated sources is expected to 
be less under the general permits than with individual permits, and it 
will be much quicker to obtain permit coverage with general permits 
than with individual permits. The substantive permit requirements would 
be essentially the same with an individual permit or under the general 
permit. Facilities or operations that incinerate sewage sludge are not 
eligible for coverage under these general permits and must apply for an 
individual permit. Wastewater lagoon systems that are not using/
disposing of sewage sludge do not need to apply for permit coverage 
unless notified by the permit issuing authority. The deadlines for 
applying for coverage under the general permits are given in the 
permits and the Fact Sheet. Facilities/operations that had coverage 
under the previous general permit and have submitted a timely request 
for coverage under this renewal permit are covered automatically under 
this permit unless the permit issuing authority requires the submittal 
of a new notice of intent (NOI).

DATES: Public comments on this proposal must be received, in writing, 
on or before August 2, 2007.

ADDRESSES: Public comments should be sent to: Wastewater Unit (8P-W-
WW); Attention: Biosolids Program; U.S. EPA, Region 8; 1595 Wynkoop 
Street; Denver, CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: For a copy of the draft permit and 
Fact Sheet, please write Ellen Bonner at the above address or telephone 
(303) 312-6371. Copies of the draft permit and Fact Sheet may also be 
downloaded from the EPA Region 8 Web page at http://www.epa.gov/region08/biosolids. Questions regarding the specific permit 
requirements may be directed to Bob Brobst, telephone (303) 312-6129.
    Public Comment Period: Public comments are invited. Comments must 
be written and must be received by no later than August 2, 2007. 
Comments should be sent to: Wastewater Unit (8P-W-WW); Attention: 
Biosolids Program; U.S. EPA, REGION 8; 1595 Wynkoop Street; Denver, CO 
80202-1129. Each comment should cite the page number and, where 
possible, the section(s) and/or paragraph(s) in the draft permit or 
Fact Sheet to which each comment refers. Commenters should use a 
separate paragraph for each issue discussed.

SUPPLEMENTARY INFORMATION: On February 19, 1993 (58 FR 9248), the EPA 
promulgated ``Standards for the Use or Disposal of Sewage Sludge'' (40 
CFR part 503) and made revisions to the NPDES regulations to include 
the permitting of facilities/operations that generate, treat, and/or 
use/dispose of sewage sludge. The 503 regulations were amended on 
August 4, 1999 (64 FR 42551).
    The States of South Dakota and Utah currently are the only States 
in Region 8 that have been authorized to administer the biosolids 
(sludge) program. It is proposed that EPA general permits be reissued 
for facilities or operations that generate, treat, and/or use/dispose 
of sewage sludge by means of land application, landfill, and surface 
disposal within the following areas:

------------------------------------------------------------------------
                                                    Area covered by the
             State                  Permit No.         general permit
------------------------------------------------------------------------
Colorado......................  COG650000........  State of Colorado
                                                    except for Federal
                                                    Facilities and
                                                    Indian country.
                                COG651000........  Indian country within
                                                    the State of
                                                    Colorado and the
                                                    portions of the Ute
                                                    Mountain Indian
                                                    Reservation located
                                                    in New Mexico and in
                                                    Utah.

[[Page 36454]]

 
                                COG652000........  Federal Facilities in
                                                    the State of
                                                    Colorado, except
                                                    those located in
                                                    Indian country,
                                                    which are covered
                                                    under permit
                                                    COG51000.
Montana.......................  MTG650000........  State of Montana
                                                    except for Indian
                                                    country.
                                MTG651000........  Indian country in the
                                                    State of Montana.
North Dakota..................  NDG650000........  State of North Dakota
                                                    except for Indian
                                                    country.
                                NDG651000........  Indian country within
                                                    the State of North
                                                    Dakota (except for
                                                    Indian country
                                                    located within the
                                                    former boundaries of
                                                    the Lake Traverse
                                                    Indian Reservation,
                                                    which are covered
                                                    under permit
                                                    SDG651000) and that
                                                    portion of the
                                                    Standing Rock Indian
                                                    Reservation located
                                                    in South Dakota.
South Dakota..................  SDG651000........  Indian country within
                                                    the State of South
                                                    Dakota (except for
                                                    the Standing Rock
                                                    Indian Reservation,
                                                    which is covered
                                                    under permit
                                                    NDG651000), that
                                                    portion of the Pine
                                                    Ridge Indian
                                                    Reservation located
                                                    in Nebraska, and
                                                    Indian country
                                                    located in North
                                                    Dakota within the
                                                    former boundaries of
                                                    the Lake Traverse
                                                    Indian Reservation.
Utah..........................  UTG651000........  Indian country within
                                                    the State of Utah
                                                    except for the
                                                    Goshute Indian
                                                    Reservation, Navajo
                                                    Indian Reservation,
                                                    and Ute Mountain
                                                    Indian Reservation
                                                    (which is covered
                                                    under permit
                                                    COG651000).
Wyoming.......................  WYG650000........  State of Wyoming
                                                    except for Indian
                                                    country.
                                WYG651000........  Indian country within
                                                    the State of
                                                    Wyoming.
------------------------------------------------------------------------

    The States of South Dakota and Utah have been authorized permitting 
authority for sewage sludge, therefore EPA's general permits will be 
reissued only for Indian country in those States. The general permit 
for Indian country in Utah does not include the portions of the Goshute 
Indian Reservation and the Navajo Indian Reservation in Utah because 
the permitting activities for these reservations are done by Region 9 
of EPA. The State of Colorado has not been authorized permitting 
authority for Federal facilities, so a general permit is proposed for 
Federal facilities not located in Indian country.
    Authorization for use/disposal of sewage sludge under the general 
permits may be for one of the following three categories: Category 1--
Facilities/operations that generate and/or partially treat sewage 
sludge, but do not use/dispose of sewage sludge; Category 2--
Facilities/operations that use/dispose of sewage sludge and may also 
generate and/or treat sewage sludge; and Category 3--Wastewater lagoon 
systems that need apply sewage sludge to land on an occasional, 
restricted basis. Authorization for use/disposal of sewage sludge under 
the general permit will be limited to one of the three categories, but 
authorization may be granted to one or more subcategories under 
Category 2. In applying for authorization for use/disposal of sewage 
sludge under the general permit, the applicant will be required to 
specify under which category or subcategory(s) authorization is being 
requested. However, the permit issuing authority will have the final 
determination as to which category or subcategory(s) the authorization 
will be granted. The requirements in the permit for the use/disposal of 
sewage sludge are based primarily on 40 CFR part 503.
    Since these permits do not involve discharges to waters of the 
United States, certification under section 401(a)(1) of the Clean Water 
Act is not necessary for the issuance of these permits and 
certification will not be requested.
    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. Sec.  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), 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: June 21, 2007.
Stephen S. Tuber,
Assistant Regional Administrator, Office of Partnerships and Regulatory 
Assistance.
[FR Doc. E7-12857 Filed 7-2-07; 8:45 am]
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