Public Notice and Comment Period
U.S. Environmental Protection Agency, Region 7
1) Proposed Wastewater (NPDES) Permit No. IA0073750
2) Proposed Certification of Compliance with Section 401 of the Clean Water Act
Sac and Fox Tribe of the Mississippi in Iowa (Meskwaki Nation)
Meskwaki Nation Wastewater and Public Water Treatment Facilities
Tama, Tama County, Iowa
This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking comments on: 1) a proposed National Pollutant Discharge Elimination System (NPDES) permit, under Section 402 of the Clean Water Act (CWA), for effluent discharge from the Meskwaki Nation wastewater and public water treatment systems, operated by the Sac and Fox Tribe of the Mississippi in Iowa (Meskwaki Nation); and 2) certification under Section 401 of the CWA that EPA’s proposed NPDES permit for the Meskwaki Nation facilities is protective of applicable water quality standards and effluent guidelines and limitations.
EPA is seeking written comments regarding these proposed actions until March 27, 2023. The address for written comments or to request a public hearing is provided below.
BACKGROUND: NPDES permits to discharge wastewater to waters of the United States are issued under Section 402 of the CWA, 33 U.S.C. Section 1342, subject to certain effluent limitations and conditions. The Meskwaki Nation has applied to EPA for renewal of an existing NPDES permit to discharge effluent from wastewater and water treatment systems at the Meskwaki Nation Reservation. EPA has the authority to issue an NPDES permit for these facilities, located and discharging in Indian Country. On the basis of information provided to EPA by the Meskwaki Nation, and application of pertinent standards and regulations, EPA proposes to issue NPDES Permit No. IA0073750, pursuant to Section 402 of the Clean Water Act, 33 U.S.C. Section 1342.
PROPOSED NPDES PERMIT: The proposed permit would allow treated wastewater from the facilities to be discharged to an unnamed tributary (locally known as Onion Creek), then to the Iowa River. The proposed permit includes technology-based and water quality-based effluent limitations. Additional information regarding this proposed permit is contained in the Administrative Record, which includes the permit application, proposed permit, Statement of Basis for the proposed permit, CWA Section 401 Water Quality Certification, and other pertinent information upon which the proposed permit is based.
CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may issue the final NPDES permit for the Meskwaki Nation facilities, EPA must obtain CWA Section 401 certification from the Meskwaki Nation (the certification authority) and a Section 401(a)(2) adjacent jurisdiction review by the Iowa Department of Natural Resources, pursuant to CWA Section 401, 33 U.S.C. Section 1341, in order to ascertain that the discharge to be authorized by this proposed permit will comply with the requirements of Sections 301, 302, 303, 306, and 307 of the CWA, including applicable water quality standards, state and tribal laws and regulations, and effluent guidelines and limitations. EPA has reviewed the applicable laws, regulations, water quality standards, and effluent guidelines and has included limitations and conditions in the permit to ensure compliance with all requirements, as described in the proposed permit and Statement of Basis. At this time, EPA seeks public comments regarding the Agency’s proposal to certify that the discharge authorized under NPDES Permit No. IA0073750 will not violate applicable laws, regulations, water quality standards, or effluent guidelines and limitations.
ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Record for the proposed NPDES permit is available on EPA’s website at: www.epa.gov/ks/region-7-public-notices. To access these online documents, click on this Public Notice link (under CWA) and then click on the link in this paragraph. Copies of these documents are also available for review at the Meskwaki Public Works Dept., 1632 305th St., Tama, IA 52339 (phone: 641-484-4600). In addition, copies of these documents are available to the public upon request by contacting Alex Owutaka, EPA Region 7, at 913-551-7584, toll-free at 1-800-223-0425, or by email at [email protected].
HOW TO PROVIDE COMMENTS: Interested persons may submit written comments regarding these proposed EPA actions or submit a written request for a public hearing on the proposed permit. Any request for a public hearing must identify the issues that the requester proposes to raise at the hearing. EPA’s rules and procedures governing the issuance of NPDES permits, including public notices, public commenting, and the public hearing process, are found at 40 Code of Federal Regulations (CFR) Parts 25 and 124. The rules and procedures are also included for review in the Administrative Records for the proposed permit. All written comments and any requests for a public hearing must be submitted by March 27, 2023, to Glenn Curtis, Chief, Permits and Loans Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219.