Notice2024-05961
Reissuance of National Pollutant Discharge Elimination System (NPDES) General Permit for Low Threat Discharges in Navajo Nation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 21, 2024
Effective
May 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA), Region 9 is publishing this notice of availability of its final general NPDES permit (Permit No. NNG990001) for water discharges from facilities classified as low threat located in the Navajo Nation. Use of a general NPDES permit in the location described above allows EPA and dischargers to allocate resources in a more efficient manner, obtain timely permit coverage, and avoid issuing resource intensive individual permits to each facility, while simultaneously providing greater certainty and efficiency to the regulated community while ensuring consistent permit conditions for comparable facilities.
Full Text
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<title>Federal Register, Volume 89 Issue 56 (Thursday, March 21, 2024)</title>
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[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20200-20201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05961]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-11832-01-R9]
Reissuance of National Pollutant Discharge Elimination System
(NPDES) General Permit for Low Threat Discharges in Navajo Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of final NPDES general permit.
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SUMMARY: The Environmental Protection Agency (EPA), Region 9 is
publishing this notice of availability of its final general NPDES
permit (Permit No. NNG990001) for water discharges from facilities
classified as low threat located in the Navajo Nation. Use of a general
NPDES permit in the location described above allows EPA and dischargers
to allocate resources in a more efficient manner, obtain timely permit
coverage, and avoid issuing resource intensive individual permits to
each facility, while simultaneously providing greater certainty and
efficiency to the regulated community while ensuring consistent permit
conditions for comparable facilities.
DATES: For purposes of judicial review the permit is considered issued
on April 3, 2024. The final permit is effective on May 1, 2024.
ADDRESSES: The final general permit and other related documents in the
administrative record are on file and may be inspected any time between
8:30 a.m. and 4:00 p.m., Monday through Friday, excluding legal
holidays, at: U.S. EPA, Region 9, NPDES Permits Office (WTR-2-3), 75
Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the final General Permit, Fact Sheet and Response to
Public Comments are available at EPA, Region 9's website at <a href="https://www.epa.gov/npdes-permits/npdes-permits-epas-pacific-southwest-region-9">https://www.epa.gov/npdes-permits/npdes-permits-epas-pacific-southwest-region-9</a>. If there are issues accessing the website, please contact EPA via
contact information below.
FOR FURTHER INFORMATION CONTACT: Gary Sheth, EPA Region 9, Water
Division, NPDES Permits Office; telephone (415) 972-3516; email
address: <a href="/cdn-cgi/l/email-protection#186b707d6c70367f796a61587d6879367f776e"><span class="__cf_email__" data-cfemail="73001b16071b5d1412010a331603125d141c05">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Administrative Process
Public notice of EPA Region 9's tentative decision to issue the
permit was published in the Federal Register on May 25, 2023 (88 FR
33876) and on EPA Region 9's website. The public comment period closed
on June 26, 2023. Region 9 received written comments from one party
concerning the proposed permit. Region 9 prepared a separate document
(Response to Comments) which discusses these comments in more detail
and Region 9's responses to the comments.
B. Changes From the Proposed Permit
The final permit contains two minor changes from the proposed
permit; these are discussed here and in the final fact sheet. EPA added
a specific email address for the New Mexico Environment Department for
permittees to report discharges likely to leave Navajo Nation land and
reach New Mexico waters. EPA also added a requirement for submitting
all required Discharge Monitoring Reports (DMRs) before the
finalization of a Notice of Termination.
C. Endangered Species Act Considerations
The ESA and its implementing regulations (50 CFR part 402) require
EPA to ensure that any action authorize, funded or carried out by EPA
is not likely to jeopardize the continued existence of any threatened
or endangered species or adversely affect its critical habitat. EPA
Region 9 concluded that the authorized discharges may affect, but are
not likely to adversely affect listed species, and will not adversely
affect critical habitat. EPA received a letter of concurrence on this
finding from the United States Fish and Wildlife Service on January 10,
2024.
[[Page 20201]]
D. Permit Appeals Procedure
Within 120 days following the date the permit is considered issued
for purposes of judicial review, any interested person may appeal the
permit decision in the Federal Court of Appeals in accordance with
section 509(b)(1) of the CWA. Persons affected by a general permit may
not challenge the conditions of a general permit as a right in further
Agency proceedings. Such person may instead challenge the general
permit in court, or apply for an individual permit as specified at 40
CFR 122.21 (and authorized at 40 CFR 122.28), and then petition the
Environmental Appeals Board to review any condition of the individual
permit (40 CFR 124.19).
Authority: 33 U.S.C. 1251 et seq.
Tom[aacute]s Torres,
Director, Water Division, EPA Region 9.
[FR Doc. 2024-05961 Filed 3-20-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 21, 2024.
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