[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Page 45900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15163]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6464.1-01-R10]


Proposed Modification of National Pollutant Discharge Elimination 
System General Permit for Concentrated Animal Feeding Operations 
Located in Idaho (IDG010000)

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed modification of NPDES general permit and 
request for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes 
to modify the National Pollutant Discharge Elimination System (NPDES) 
general permit for concentrated animal feeding operations (CAFOs) in 
Idaho excluding Tribal lands (Permit). EPA proposes to modify the 
Permit to establish monitoring conditions for the subsurface discharges 
of pollutants from production areas and dry weather surface and 
subsurface discharges from land application areas at these CAFOs to 
waters of the United States. A Petition for Review was filed on 
September 22, 2020, in the Ninth Circuit Court of Appeals challenging 
the Permit; the Court granted the petition. The modified 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)).

DATES: Comments must be received by September 1, 2023.

ADDRESSES: Comments and requests regarding the Modified Permit must be 
submitted to [email protected] with the subject line: Public 
Comments on IDG010000.

FOR FURTHER INFORMATION CONTACT: Permit documents may be found on the 
EPA Region 10 website at: https://www.epa.gov/npdes-permits/npdes-general-permit-concentrated-animal-feeding-operations-cafos-idaho.
    Copies of the Modified Permit and fact sheet are also available 
upon request. Requests may be made to Audrey Washington at (206) 553-
0523. Requests may also be electronically mailed to: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The modification is a major modification pursuant to 40 CFR 
122.62(a)(15). EPA Region 10 reissued the NPDES General Permit for 
CAFOs in Idaho (IDG010000) 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 holding that the Permit failed to include monitoring to ensure 
compliance with the discharge prohibitions in the Permit. The Modified 
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)).

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.

Michael J. Szerlog,
Acting Director, Water Division, Region 10.
[FR Doc. 2023-15163 Filed 7-17-23; 8:45 am]
BILLING CODE 6560-50-P


