Proposed Modification of National Pollutant Discharge Elimination System General Permit for Concentrated Animal Feeding Operations Located in Idaho (IDG010000)
Primary source
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Issuing agencies
Abstract
The Environmental Protection Agency (EPA) Region 10 proposes to modify the National Pollutant Discharge Elimination System (NPDES) general permit for concentrated animal feeding operations (CAFOs) in Idaho excluding Tribal lands (Permit). EPA proposes to modify the Permit to establish monitoring conditions for the subsurface discharges of pollutants from production areas and dry weather surface and subsurface discharges from land application areas at these CAFOs to waters of the United States. A Petition for Review was filed on September 22, 2020, in the Ninth Circuit Court of Appeals challenging the Permit; the Court granted the petition. The modified permit includes new and revised conditions to address the Ninth Circuit Court of Appeal's Order and Opinion filed on December 16, 2021 (Food & Water Watch et al. v. U.S. Environmental Protection Agency (No. 20-71554)).
Full Text
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<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
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[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Page 45900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15163]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6464.1-01-R10]
Proposed Modification of National Pollutant Discharge Elimination
System General Permit for Concentrated Animal Feeding Operations
Located in Idaho (IDG010000)
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed modification of NPDES general permit and
request for public comment.
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SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes
to modify the National Pollutant Discharge Elimination System (NPDES)
general permit for concentrated animal feeding operations (CAFOs) in
Idaho excluding Tribal lands (Permit). EPA proposes to modify the
Permit to establish monitoring conditions for the subsurface discharges
of pollutants from production areas and dry weather surface and
subsurface discharges from land application areas at these CAFOs to
waters of the United States. A Petition for Review was filed on
September 22, 2020, in the Ninth Circuit Court of Appeals challenging
the Permit; the Court granted the petition. The modified permit
includes new and revised conditions to address the Ninth Circuit Court
of Appeal's Order and Opinion filed on December 16, 2021 (Food & Water
Watch et al. v. U.S. Environmental Protection Agency (No. 20-71554)).
DATES: Comments must be received by September 1, 2023.
ADDRESSES: Comments and requests regarding the Modified Permit must be
submitted to <a href="/cdn-cgi/l/email-protection#82e7f2e3f0b3b2f5e6afecf2e6e7f1c2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="caafbaabb8fbfabdaee7a4baaeafb98aafbaabe4ada5bc">[email protected]</span></a> with the subject line: Public
Comments on IDG010000.
FOR FURTHER INFORMATION CONTACT: Permit documents may be found on the
EPA Region 10 website at: <a href="https://www.epa.gov/npdes-permits/npdes-general-permit-concentrated-animal-feeding-operations-cafos-idaho">https://www.epa.gov/npdes-permits/npdes-general-permit-concentrated-animal-feeding-operations-cafos-idaho</a>.
Copies of the Modified Permit and fact sheet are also available
upon request. Requests may be made to Audrey Washington at (206) 553-
0523. Requests may also be electronically mailed to:
<a href="/cdn-cgi/l/email-protection#f087918398999e97849f9ede918594829589b0958091de979f86"><span class="__cf_email__" data-cfemail="136472607b7a7d74677c7d3d72667761766a537663723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The modification is a major modification pursuant to 40 CFR
122.62(a)(15). EPA Region 10 reissued the NPDES General Permit for
CAFOs in Idaho (IDG010000) on May 13, 2020; the Permit became effective
on June 15, 2020 (85 FR 28624). Subsequently, a Petition for Review was
filed on September 22, 2020, in the Ninth Circuit Court of Appeals,
challenging the Permit on the basis that it did not contain
representative effluent monitoring to ensure compliance with all
applicable effluent limitations in violation of the Clean Water Act and
implementing regulations (Food & Water Watch et al v. U.S.
Environmental Protection Agency (No. 20-71554). The Court granted the
petition holding that the Permit failed to include monitoring to ensure
compliance with the discharge prohibitions in the Permit. The Modified
Permit includes new and revised conditions to address the Ninth Circuit
Court of Appeal's Order and Opinion filed on December 16, 2021 (Food &
Water Watch et al. v. U.S. Environmental Protection Agency (No. 20-
71554)).
II. Other Legal Requirements
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. Compliance with Endangered Species Act, Essential Fish
Habitat, Paperwork Reduction Act, and other requirements are discussed
in the original 2019 Fact Sheet to the permit.
Michael J. Szerlog,
Acting Director, Water Division, Region 10.
[FR Doc. 2023-15163 Filed 7-17-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.