Proposed NPDES Permits/Certifications of Compliance with Section 401 of the CWA for CAFO Facilities in Thurston County, Nebraska, within the Omaha Tribe of Nebraska Reservation

How to Comment
Comments Due
 
HOW TO PROVIDE COMMENTS: Any interested persons may submit written comments or a written request for a public hearing on these proposed Agency actions. 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 Code of Federal Regulations (CFR) Parts 25 and 124, and are also available for review in the Administrative Records for the proposed NPDES permits. 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 March 15, 2026, to: Tanya Nix, Chief, Permits and Wetlands Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219.
 
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Public Notice and Comment Period: Proposed National Pollutant Discharge Elimination System (NPDES) Permits & Proposed Certifications of Compliance with Section 401 of the Clean Water Act (CWA) for Five Concentrated Animal Feeding Operations (CAFOs) Located in Thurston County, Nebraska, within the Omaha Tribe of Nebraska Reservation

The CAFOs include:

CAFO Facility NameNPDES Permit NumberAddress
Bruns Feedlot LLCNE013539911721 I Road Pender, NE 68047
Ron Bruns Feed Yards, Home PlaceNE01357041539 Hwy 16 Pender, NE 68047
Ron Bruns Feed Yards, East PlaceNE01065261539 Hwy 16 Pender, NE 68047
K-4 Cattle LLCNE01349611213 J Avenue Pender, NE 68047
Tom Reppert LivestockNE01366031245 M Avenue Pender, NE 68047

This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking public comments on: 1) proposed NPDES permits and Nutrient Management Plans (NMPs) for five CAFOs (shown in the table above), located in Thurston County, Nebraska, within the Omaha Tribe of Nebraska Reservation; and 2) certifications under Section 401 of the CWA that EPA’s proposed NPDES permits for these five CAFOs are protective of the applicable water quality standards and effluent guidelines and limitations.

EPA is seeking written comments regarding these proposed Agency actions until March 15, 2026. The address for written comments or to request a public hearing is provided in the sidebar titled "How to Comment," to the right.

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 other conditions. These five CAFOs, located and operating within the exterior boundaries of the Omaha Tribe of Nebraska Reservation, have applied to EPA for renewal of their NPDES permits. EPA has the authority to issue NPDES permits for these facilities located and discharging wastewater effluent within Indian Country. Based on the information provided to EPA by these facilities, and application of pertinent standards and regulations, EPA proposes to issue NPDES permits to these five CAFOs, pursuant to Section 402 of the CWA, 33 U.S.C. Section 1342.

PROPOSED NPDES PERMITS: Each proposed permit would authorize discharge of wastewater effluent into the receiving stream when precipitation in excess of a 25-year, 24-hour rain event causes an overflow from a properly designed, constructed, operated and maintained runoff control system, consistent with the requirements of each permit. The proposed NPDES permits for these five CAFOs specify effluent limitations and best management practices.

TECHNICAL STANDARDS FOR NUTRIENT MANAGEMENT: The proposed NPDES permits require each of the five CAFO facilities to implement a site-specific NMP approved by EPA. The facilities’ EPA-approved NMPs complied with the Nebraska Natural Resources Conservation Service 590 Standards for Nutrient Management.

CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may issue the final NPDES permits for these five CAFOs, EPA must certify under Section 401 of the CWA, 33 U.S.C. Section 1341, that the discharge to be authorized by each proposed permit will comply with the requirements of Sections 301, 302, 303, 306 and 307 of the CWA, including applicable water quality standards and effluent guidelines and limitations. EPA has reviewed the applicable water quality standards and effluent guidelines and has specified limitations and conditions in each permit to ensure compliance with such requirements, as described in the five proposed permits and the associated Statements of Basis. At this time, EPA seeks public comments regarding these proposed agency actions, including the certification that the discharges authorized by each proposed NPDES permit will not violate any applicable water quality standards and/or effluent guidelines and limitations.

ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Records for the five proposed NPDES permits (including the proposed permits and Statements of Basis, Nutrient Management Plans, and CWA Section 401 Certifications) are available on the EPA Region 7 website at: www.epa.gov/ks/region-7-public-notices. To access the documents associated with this Public Notice, either click on the permit numbers in the table above or click on the documents linked below. In addition, copies of these documents are available to the public upon request by contacting Mark Matthews, EPA Region 7, at 913-551-7635 or toll-free at 1-800-223-0425; by email at matthews.mark@epa.gov; or by mail at: Permits and Wetlands Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219. Please contact Mark Matthews if you need more information about the available documents.

Draft General Permit and Associated Documents:

Contact us about NPDES permits around the nation to ask a question, provide feedback, or report a problem.
Last updated on February 13, 2026