[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26114-26115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8664]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8309-5]
Issuance of Final NPDES General Permit for Groundwater
Remediation Discharge Facilities in Idaho (Permit No. ID-G91-0000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of final NPDES general permit.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10,
is publishing notice of availability of a general National Pollutant
Discharge Elimination System (NPDES) permit for groundwater remediation
discharge
[[Page 26115]]
facilities in Idaho, pursuant to the provisions of the Clean Water Act,
33 U.S.C. 1251 et seq. The general permit authorizes the discharge of
treated groundwater from new and existing facilities to surface waters
of the United States within the State of Idaho. Existing dischargers
must apply for coverage within 90 days of the effective date of the
permit by submitting a Notice of Intent (NOI) in accordance with the
instructions in the permit. New dischargers whose operations commence
after the effective date of the general permit must submit a NOI at
least 30 days prior to the commencement of the discharge. A fact sheet
has also been prepared which sets forth the principle factual, legal,
policy, and scientific information considered in the development of the
general permit.
The general permit contains a variety of technology-based and water
quality-based effluent limitations for 55 pollutants of concern
commonly found in contaminated groundwater, along with administrative
and monitoring requirements, as well as other standard conditions,
prohibitions, and management practices. Effluent limits are applied at
end-of-pipe with no mixing zone. However, mixing zones are available on
an individual basis at the discretion of the Idaho Department of
Environmental Quality (IDEQ) for pollutants with water quality-based
effluent limits. Mixing zones will be granted through an individual
State certification that will be attached to EPA's authorization to
discharge letter.
DATES: Effective Date: The general NPDES permit shall become effective
on July 1, 2007.
Public Comment: Pursuant to section 402 of the Clean Water Act, EPA
proposed the draft general permit and solicited comments in the Federal
Register at 71 FR 34131-34132 (June 13, 2006). Notice of the draft
permit was also published in the Idaho Statesman and the Coeur d'Alene
Press. The 60 day comment period on the draft permit expired on August
14, 2006. In addition, copies of the draft permit were sent to known
groundwater remediation facilities discharging to surface water in
Idaho. Changes have been made from the draft permit to the final permit
in response to comments received from facility representatives,
government agencies, and trade groups. All comments, along with EPA's
responses, are summarized in the Response to Comment document. The
general permit, fact sheet, and Response to Comment document may be
obtained by contacting Robert Rau; USEPA Region 10; 1200 6th Ave, OWW-
130; Seattle, Washington 98101; or via e-mail at [email protected]. These
documents may also be downloaded from the Region 10 Web site at http://www.epa.gov/r10earth/waterpermits.htm (click on general permits).
Other Legal Requirements
State Water Quality Standards and State Certification
Pursuant to Section 401 of the Clean Water Act, IDEQ has certified
that the conditions of the general permit comply with State Water
Quality Standards (IDAPA 58.01.02), including the State's
antidegradation policy.
Endangered Species Act
EPA has determined that issuance of the groundwater remediation
discharge general permit will have no affect any threatened or
endangered species, designated critical habitat, or essential fish
habitat.
Executive Order 12866
EPA has determined that this general permit is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to Office of Management and Budget (OMB) review.
Paperwork Reduction Act
The information collection requirements of this general permit were
previously approved by the OMB under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers
2040-0086 (NPDES permit application) and 2040-0004 (discharge
monitoring reports).
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
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. However, general
NPDES permits are not ``rules'' 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, and local governments and the
private sector. However, the general permit issued today is not a
``rule'' subject to the RFA, and is therefore not subject to the UMRA.
Appeal of Permit
Any interested person may appeal the general permit in the Federal
Court of Appeals in accordance with section 509(b)(1) of the Clean
Water Act. This appeal must be filed within 120 days of the permit
effective date. Persons affected by the permit may not challenge the
conditions of the permit in further EPA proceedings (see 40 CFR
124.19). Instead, they may either challenge the permit in court or
apply for an individual NPDES permit.
Signed this 27th day of April, 2007.
Michael F. Gearheard,
Director, Office of Water and Watersheds.
[FR Doc. E7-8664 Filed 5-7-07; 8:45 am]
BILLING CODE 6560-50-P