Notice2024-29241
Modification of the NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in Idaho Excluding Tribal Lands (IDG010000)
Primary source
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Published
December 12, 2024
Effective
February 1, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA), Region 10, is modifying the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) in Idaho excluding Tribal lands (IDG010000).
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Page 100485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29241]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6464.1-04-R10]
Modification of the NPDES General Permit for Concentrated Animal
Feeding Operations (CAFOs) Located in Idaho Excluding Tribal Lands
(IDG010000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Modification of NPDES general permit.
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SUMMARY: The Environmental Protection Agency (EPA), Region 10, is
modifying the National Pollutant Discharge Elimination System (NPDES)
General Permit for Concentrated Animal Feeding Operations (CAFOs) in
Idaho excluding Tribal lands (IDG010000).
DATES: The issuance date of this modification is December 12, 2024. The
modified general permit will be effective February 1, 2025. The general
permit will expire on June 14, 2025.
ADDRESSES: Copies of the modified general permit, fact sheet addendums
and response to comments document 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#7f081e0c171611180b1011511e0a1b0d1a063f1a0f1e51181009"><span class="__cf_email__" data-cfemail="daadbba9b2b3b4bdaeb5b4f4bbafbea8bfa39abfaabbf4bdb5ac">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#73031612185d1d1a101b1c1f1200331603125d141c05"><span class="__cf_email__" data-cfemail="463623272d68282f252e292a27350623362768212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The modification is a major modification
pursuant to 40 CFR 122.62(a)(15). The EPA Region 10 reissued the NPDES
General Permit for CAFOs in Idaho (IDG010000) on May 13, 2020; the
general 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 general
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
general permit failed to include monitoring to ensure compliance with
the discharge prohibitions in the general permit. The general permit
remained in effect while the EPA worked to address the issues. The
modified general 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)). The modified general permit will transfer to
the State of Idaho as part of the phased implementation of Idaho's
administration of the NPDES program. The EPA will remain the permitting
authority for CAFO facilities located in Indian Country in Idaho.
The EPA opened two public comment periods on proposed modifications
to the existing general permit, one on July 18, 2023 (88 FR 45900) and
one on June 6, 2024 (89 FR 48428). The EPA received comments from four
organizations/entities on the 2023 permit modification, and from five
organizations/entities on the 2024 permit modification. A Response to
Comments document was prepared to respond to public comments received
and explain any changes made to the draft modified general permit to
produce a final modified general permit.
Other Legal Requirements
This permit modification 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 general permit.
Appeal of Permit
Any interested person may appeal the final permit action on or
before April 11, 2025 (i.e., 120 days from the issuance date of this
general permit) in the Federal Court of Appeals in accordance with
section 509(b)(1) of the CWA, 33 U.S.C. 1369(b)(1).
Mathew Martinson,
Director, Water Division, Region 10.
[FR Doc. 2024-29241 Filed 12-11-24; 8:45 am]
BILLING CODE 6560-50-P
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