Public Notice: Bruns Feedlot LLC Concentrated Animal Feeding Operation (CAFO) Facility Located in Thurston County, Nebraska, at the Boundary of Omaha Tribe of Nebraska and Iowa and Winnebago Tribe of Nebraska Reservations
1) Proposed Modification to Wastewater (NPDES) Permit
2) Proposed Certification of Compliance with Section 401 of Clean Water Act
This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking public comments on: 1) the proposed modification to the National Pollutant Discharge Elimination System (NPDES) permit and associated Nutrient Management Plan (NMP), and 2) the proposed certification of compliance with Section 401 of the Clean Water Act for the Bruns Feedlot LLC Concentrated Animal Feeding Operation (CAFO) facility, located at the boundary of the Omaha Tribe of Nebraska and Iowa and Winnebago Tribe of Nebraska Reservations.
EPA is seeking written comments regarding these proposed Agency actions until Jan. 3, 2022. 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 Clean Water Act (CWA), 33 U.S.C. Section 1342, subject to certain effluent limitations and other conditions. The Bruns Feedlot LLC CAFO resides at the boundary between the Omaha Tribe of Nebraska and Iowa and the Winnebago Tribe of Nebraska. Most of the CAFO is within the Omaha Tribe of Nebraska and Iowa Reservation; however, a small area of the northern portion of the CAFO is within the Winnebago Tribe of Nebraska Reservation. EPA has the authority to issue the NPDES permit for this facility located within Indian country. The Bruns Feedlot LLC CAFO has submitted a modification of its Nutrient Management Plan (NMP) to EPA, which requires the Agency to modify the facility’s NPDES permit to incorporate the modification of the NMP. Based on the information provided to EPA by the Bruns Feedlot LLC CAFO, and application of pertinent standards and regulations, EPA proposes to modify the NPDES permit for the CAFO facility to reflect the change to its NMP, pursuant to Section 402 of the CWA, 33 U.S.C. Section 1342.
PROPOSED NPDES PERMIT MODIFICATIONS: The Bruns Feedlot LLC CAFO submitted a modified NMP for adding four new fields to its NMP to be used for the application of manure from the CAFO. The northernmost portion of one of the new fields is within the Winnebago Tribe of Nebraska Reservation, and the remainder is located within the Omaha Tribe of Nebraska and Iowa Reservation. The manure from the CAFO will be applied to the new fields using the same methodologies and calculations consistent with the current NMP. The text of the CAFO permit will not explicitly reflect this change; however, because portions of the NMP (where the application fields are found) are incorporated as “terms of the permit,” the modification will be reflected in the updated NMP.
CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may modify the NPDES permit for this CAFO facility, both the Agency and the Winnebago Tribe of Nebraska must certify under Section 401 of the CWA, 33 U.S.C. Section 1341, that the discharge to be authorized by this proposed permit modification will comply with the requirements of Sections 208(e), 301, 302, 303, 306, and 307 of the CWA, and appropriate requirements of Tribal law, 33 U.S.C. Section 1341(d), 40 Code of Federal Regulations (CFR) Section 124.53(e)(1). EPA is the certifying authority for the portion of the CAFO on the Omaha Tribe of Nebraska and Iowa Reservation, and the Winnebago Tribe of Nebraska is the certifying authority for the portion of the CAFO on their Reservation.
ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Record for the proposed NPDES permit modification (including the proposed permit and Statement of Basis, and Nutrient Management Plan) are available on EPA’s website. In addition, copies of these documents are available to the public upon request by contacting Alex Owutaka, EPA Region 7, at 913-551-7584 or toll-free at 1-800-223-0425, or by email at email@example.com.
HOW TO PROVIDE COMMENTS: Any interested persons may submit written comments or a written request for a public hearing on this proposed Agency action. Any request for a public hearing must state the nature of the issues that the requestor proposes to raise at the hearing. EPA’s rules and procedures governing the issuance of NPDES permits, the public comment period, and public hearings on proposed NPDES permit actions are found at 40 CFR Parts 25 and 124. All written comments and any requests for a public hearing should include the CAFO facility name and NPDES permit number and must be submitted by Jan. 3, 2022, to: Glenn Curtis, Chief, Permits and Loans Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219.
Applicants or RespondentsBruns Feedlot LLC
1172 I Avenue
Pender, NE 68047