Notice2024-12455
Proposed Modification of NPDES General Permit for Concentrated Animal Feeding Operations Located in Idaho (IDG010000)
Primary source
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Published
June 6, 2024
Issuing agencies
Environmental Protection Agency
Abstract
On July 18, 2023, the Environmental Protection Agency (EPA) Region 10 proposed to modify the NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) in Idaho excluding Tribal Lands (Permit). The proposed modification included new and revised conditions to address a 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)). Comments received during the 2023 public comment period are available online at the website under ADDRESSES in this document. With this notice, the EPA is initiating a second public comment period focused exclusively on additional modifications made to the Permit. After this comment period expires, and all comments from this comment period and the 2023 comment period have been considered, the EPA will make a final decision regarding the Permit modification.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Page 48428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12455]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6464.1-02-R10]
Proposed Modification of NPDES General Permit for Concentrated
Animal Feeding Operations Located in Idaho (IDG010000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed modification of NPDES general permit and
request for public comment.
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SUMMARY: On July 18, 2023, the Environmental Protection Agency (EPA)
Region 10 proposed to modify the NPDES General Permit for Concentrated
Animal Feeding Operations (CAFOs) in Idaho excluding Tribal Lands
(Permit). The proposed modification included new and revised conditions
to address a 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)). Comments received during the 2023
public comment period are available online at the website under
ADDRESSES in this document. With this notice, the EPA is initiating a
second public comment period focused exclusively on additional
modifications made to the Permit. After this comment period expires,
and all comments from this comment period and the 2023 comment period
have been considered, the EPA will make a final decision regarding the
Permit modification.
DATES: Comments must be received by July 8, 2024.
ADDRESSES: Copies of the draft Permit modification and fact sheet
addendum are available online: <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>.
FOR FURTHER INFORMATION CONTACT: Requests may be made to Audrey
Washington at (206) 553-0523 or to Nicholas Peak at (208) 378-5765.
Requests may also be electronically mailed to:
<a href="/cdn-cgi/l/email-protection#83f4e2f0ebeaede4f7ecedade2f6e7f1e6fac3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="96e1f7e5fefff8f1e2f9f8b8f7e3f2e4f3efd6f3e6f7b8f1f9e0">[email protected]</span></a>, or <a href="/cdn-cgi/l/email-protection#bacadfdbd194d4d3d9d2d5d6dbc9fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="364653575d18585f555e595a57457653465718515940">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
This modification is a major modification pursuant to 40 CFR
122.62(a)(15). The EPA Region 10 reissued the Permit 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, in part, holding that the Permit failed to
include monitoring to ensure compliance with the discharge prohibitions
in the Permit. On July 18, 2023, the EPA Region 10 proposed to modify
the Permit (88 FR 45900). The proposed modification included 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)). With this notice,
the EPA is initiating a second public comment period focused
exclusively on the following additional modifications made to the
Permit:
1. Removal of section II.B.9.a in the draft permit modification,
regarding land application on surface irrigated fields.
2. Modification of Section II.B.9.b (now section II.B.9.a of the
draft permit modification), regarding required visual inspections of
land application events and land application setbacks, buffers, or
compliance alternatives.
3. Modification of various elements of the nutrient management plan
(section III.A.2.a in the draft permit modification).
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.
Caleb Shaffer,
Acting Director, Water Division, Region 10.
[FR Doc. 2024-12455 Filed 6-5-24; 8:45 am]
BILLING CODE 6560-50-P
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