6560-50-P
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.
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 [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Copies of the draft Permit modification and fact sheet addendum are
available online: https://www.epa.gov/npdes-permits/npdes-general-permit-concentratedanimal-feeding-operations-cafos-idaho
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: washington.audrey@epa.gov, or peak.nicholas@epa.gov.
SUPPLEMENTAL 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: 6/5/2024 8:45 am; Publication Date: 6/6/2024]