[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14658-14659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07157]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OW-2018-0724; FRL-9990-97-Region 8]


Approval of Transfer of the Authority To Implement and Enforce 
the North Dakota Pollutant Discharge Elimination System (NDPDES) 
Program From the North Dakota Department of Health (NDDOH) to the Newly 
Established North Dakota Department of Environmental Quality (NDDEQ)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: On March 29, 2019, the Administrator for the Environmental 
Protection Agency (EPA) approved the transfer of authority for the 
North Dakota Pollutant Discharge Elimination System (NDPDES) from the 
North Dakota Department of Health (NDDOH) program to their newly 
established North Dakota Department of Environmental Quality (NDDEQ). 
With this action, the EPA has retained the authority to issue NPDES 
permits for facilities located on tribal lands and/or discharging to 
tribal waters.

DATES: On March 29, 2019, the Administrator for the Environmental 
Protection Agency (EPA) approved the transfer of authority from the 
NDDOH to the NDDEQ.

FOR FURTHER INFORMATION CONTACT: VelRey Lozano, U.S. Environmental 
Protection Agency, Region 8, (8WP-CWW), 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, 303-312-6128, email [email protected].

SUPPLEMENTARY INFORMATION:

General Information

A. Does this action apply to me?

    Entities potentially affected by this action are: The EPA; tribal 
programs; and the regulated community and citizens within the state of 
North Dakota. This table is not intended to be exhaustive; rather, it 
provides a guide for readers regarding entities that this action is 
likely to regulate.

    Table 1--Entities Potentially Affected by This Proposed Approval
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                                             Examples of potentially
                Category                        affected entities
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State and Indian Tribal Governments....  States and Indian Tribes that
                                          provide certification under
                                          section 401 of the Clean Water
                                          Act (CWA); States and Indian
                                          Tribes that own or operate
                                          treatment works.
Municipalities.........................  POTWs required to apply for or
                                          seek coverage under an NPDES
                                          individual or general permit
                                          and to perform routine
                                          monitoring as a condition of
                                          an NPDES permit.
Industry...............................  Facilities required to apply
                                          for or seek coverage under an
                                          NPDES individual or general
                                          permit and to perform routine
                                          monitoring as a condition of
                                          an NPDES permit.
NPDES Stakeholders.....................  Any party that may review and
                                          provide comments on NPDES
                                          permits.
Residents of the state of North Dakota.  Any party that may review and
                                          provide comments on NPDES
                                          permits.
------------------------------------------------------------------------

    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What action is EPA taking?

    The EPA if providing final notice of approval of the transfer of 
authority from the State of North Dakota's Department of Health (NDDOH) 
granting the North Dakota Department of Environmental Quality (NDDEQ) 
the authority to administer the NDPDES program in North Dakota to 
regulate discharges of pollutants into waters of the United States 
under its jurisdiction. Concurrent with this approval, EPA is approving 
updated NDPDES program revisions. With this action the EPA will retain 
the authority to issue NPDES permits for facilities located on tribal 
lands and/or discharging to tribal waters.

C. What is EPA's authority for taking this action?

    Under 40 CFR 123.62(b) and 123.62(c), the CWA requires the EPA to 
approve substantial revisions to a state program. The EPA considers the 
change of state authority and updating of the NDPDES program rules to 
be substantial and has therefore taken this action.

[[Page 14659]]

    Public Process: EPA opened a 30-day public comment period that 
ended on November 29, 2018. One comment was received questioning the 
States authority to properly implement the enforcement provisions under 
the CWA. The comment was determined to be beyond the scope of the 
state's transfer of authority request. EPA provided response to the 
commenter and no change to the NDPDES program application was deemed 
necessary.

    Authority: This action is taken under the authority of section 
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby 
provide public notice of EPA's final action authorizing the State of 
North Dakota through the NDDEQ to administer the approval NDPDES 
program regulating discharges of pollutants to waters of the U.S. 
under its jurisdiction.

    Dated: April 5, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-07157 Filed 4-10-19; 8:45 am]
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