[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Notices]
[Pages 58382-58384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29160]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6172-1]
Issuance of NPDES General Permits for Wastewater Lagoon Systems
Located On Indian Reservations in MT, ND, SD, and UT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final permit decision--issuance of NPDES general
permits.
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SUMMARY: Region VIII of EPA is hereby giving notice of its issuance of
National Pollutant Discharge Elimination System (NPDES) general permits
for wastewater lagoon systems located on Indian Reservations in the
States of MT, ND, SD, and UT, and treating primarily domestic
wastewater. The use of wastewater lagoon systems is the most common
method of treating municipal wastewater and domestic wastewater from
isolated housing developments, schools, etc., on the Indian
Reservations in those states. Region VIII will be using general permits
instead of individual permits for permitting the discharges from many
of those facilities in order to reduce the Region's administrative
burden of issuing separate individual permits. The administrative
burden for the regulated sources is expected to be about the same under
the general permits as with individual permits, but it will be much
quicker to obtain permit coverage with general permits than with
individual permits. The discharge
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requirements would be essentially the same with an individual permit or
under the general permit. A separate general permit will cover the
aforementioned facilities within the exterior boundaries of a single
reservation.
DATES: These general permits shall be effective on December 1, 1998,
and expire at midnight on September 30, 2003.
ADDRESSES: The public record is located at EPA Region 8, and is
available upon written request. Requests for copies of the public
record, including a complete copy of response to comments and the
general permit should be addressed to William Kennedy, STATE ASSISTANCE
PROGRAM (8P-SA); ATTENTION: NPDES PERMITS; U.S. EPA, REGION VIII; 999
18TH STREET, SUITE 500; DENVER, CO 80202-2466. Copies of the permit and
Fact Sheet may also be downloaded from the EPA Region VIII web page at
hhtp://www.epa.gov/region08/html/npdes/lagoons.html.
FOR FURTHER INFORMATION CONTACT: Questions regarding the specific
permit requirements may be directed to Bruce Kent, telephone (303) 312-
6133.
SUPPLEMENTARY INFORMATION: General permits will be issued for
discharges from wastewater lagoon systems located on the following
Indian Reservations:
------------------------------------------------------------------------
Permit No. Indian reservation
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Montana:
MTG581###............................. Blackfeet Indian
Reservation;
MTG582###............................. Crow Indian Reservation;
MTG583###............................. Flathead Indian Reservation;
MTG584###............................. Fort Belknap Indian
Reservation;
MTG585###............................. Fort Peck Indian
Reservation;
MTG586###............................. Northern Cheyenne Indian
Reservation; and,
MTG587###............................. Rocky Boy's Indian
Reservation.
North Dakota:
NDG581###............................. Fort Berthold Indian
Reservation;
NDG582###............................. Fort Totten Indian
Reservation--Also known as
Devils Lake Indian
Reservation;
NDG583###............................. Standing Rock Indian
Reservation--Includes the
entire Reservation, which
is located in both North
Dakota and South Dakota;
and,
NDG584###............................. Turtle Mountain Indian
Reservation.
South Dakota:
SDG581###............................. Cheyenne River Indian
Reservation;
SDG582###............................. Crow Creek Indian
Reservation;
SDG583###............................. Flandreau Indian
Reservation;
SDG584###............................. Lower Brule Indian
Reservation;
SDG585###............................. Pine Ridge Indian
Reservation--Includes the
entire Reservation, which
is located in both South
Dakota and Nebraska; and,
SDG586###............................. Rosebud Indian Reservation.
Utah:
UTG581###............................. Northern Shoshoni Indian
Reservation;
UTG582###............................. Paiute Indian Reservations--
several very small
reservations, including
Cedar City, Indian Peaks,
Kanosh, Koosharem, and
Shivwits, located in the
southwest quarter of Utah;
UTG583###............................. Skull Valley Indian
Reservation; and,
UTG584###............................. Uintah and Ouray Indian
Reservation.
------------------------------------------------------------------------
General permits are not being issued for the portions of the Navajo
Indian Reservation and the Goshutes Indian Reservation in Utah since
the permitting activities for these reservations are done by Region IX
of EPA. Also, general permits are not being issued for the Southern Ute
Indian Reservation located in the State of Colorado and the Ute
Mountain Indian Reservation located in the States of Colorado, New
Mexico, and Utah because of water quality concerns in the San Juan
River Basin portion of the Colorado River Basin. Because of comments
received, a general permit will not be issued on the Wind River Indian
Reservation in Wyoming.
With the exception of the general permit for the Flathead Indian
Reservation, coverage under the general permits will be limited to
lagoon systems treating primarily domestic wastewater and will include
the following three categories: (1) lagoons where no permission is
required before starting to discharge; (2) permission is required
before starting to discharge; and (3) the lagoon system is required to
have no discharge except in accordance with the bypass provisions of
the permit. Coverage under the general permit for the Flathead Indian
Reservation coverage is limited to category 3 lagoon systems that are
required to have no discharge except in accordance with the bypass
provisions of the permit. The limited coverage is a condition of
certification by the Confederated Salish and Kootenai Tribes of the
Flathead Nation. The following facilities on the Flathead Indian
Reservation will not be eligible for coverage under the general permit:
Charlo Water and Sewer District (MT-0022551), Town of Hot Springs (MT-
0020591), City of Polson (MT-0020559), City of Ronan (MT-0021474), Town
of St. Ignatius (MT-0020524), Salish & Kootenai Housing Authority-St.
Ignatius Southside (MT-0029017), Montana Department of Fish Wildlife
and Parks-Jocko Fish Hatchery (no permit), and SKHA-Woodcock Homesites
(no permit). The effluent limitations for lagoons coming under
categories 1 and 2 are based on the Federal Secondary Treatment
Regulation (40 CFR part 133) and best professional judgement (BPJ).
There are provisions in the general permits for adjusting the effluent
limitations on total suspended solids (TSS) and pH in accordance with
the provisions of the Secondary Treatment Regulation. If more stringent
and/or additional effluent limitations are considered necessary to
comply with applicable water quality standards, etc., those limitations
may be imposed by written notification to the permittee. Lagoon systems
under category 3 are required to have no discharge except in accordance
with the bypass provisions of the permit. Self-monitoring requirements
and routine inspection requirements are included in all
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permits. Based on comments received, monitoring requirements for
category 3 facilities were increased to three times per week during the
first week of discharge and once per week thereafter. If the discharge
lasts less than one week in duration, three samples must be collected,
i.e. beginning, middle, and end of discharge.
With the exception of the Flathead Indian Reservation and the Fort
Peck Indian Reservation, where the Tribes have Clean Water Act section
401(a)(1) certification authority, EPA has certified that the permit
complies with the applicable provisions of the Clean Water Act so long
as the permittees comply with all permit conditions. The permits will
be issued for a period of five years, with the permit effective date of
December 1, 1998 and an expiration date of September 30, 2003.
Economic Impact (Executive Order 12866): EPA has determined that
the issuance of this general permit is not a ``significant regulatory
action'' under the terms of Executive Order 12866 (58 FR 51735, October
4, 1993) and is therefore not subject to formal OMB review prior to
proposal.
Paperwork Reduction Act: EPA has reviewed the requirements imposed
on regulated facilities in these proposed general permits under the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information
collection requirements of these permits have already been approved by
the Office of Management and Budget in submissions made for the NPDES
permit program under the provisions of the Clean Water Act. Regulatory
Flexibility Act (RFA) as amended by the Small Business Regulatory
Enforcement Fairness Act (SBREFA): After review of the facts present in
the notice printed above, I hereby certify pursuant to the provisions
of 5 U.S.C. 605(b) that these general permits will not have a
significant impact on a substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: October 20, 1998.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance.
[FR Doc. 98-29160 Filed 10-29-98; 8:45 am]
BILLING CODE 6560-50-P
