Public Notice: Circle T Feedlot Inc. Concentrated Animal Feeding Operation, Walthill, Nebraska (Within Exterior Boundaries of Omaha Tribe of Nebraska Reservation)

Summary

1) Proposed Wastewater (NPDES) Permit No. NE0134481

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 comments on: 1) a proposed NPDES permit, under Section 402 of the Clean Water Act (CWA), for the Circle T Feedlot Inc. Concentrated Animal Feeding Operation (CAFO) located in the Village of Walthill, within the exterior boundaries of the Omaha Tribe of Nebraska Reservation; and 2) certification under Section 401 of the CWA that EPA’s proposed NPDES permit for the Circle T Feedlot Inc. CAFO is protective of applicable water quality standards.

EPA is seeking written comments regarding these proposed actions until Feb. 24, 2025. 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 Circle T Feedlot Inc. CAFO has applied to EPA for reissuance of an existing NPDES permit.

Circle T Feedlot Inc. is a CAFO with approximately 78 acres of open-lot pens that are used for the feeding of up to 11,000 head of beef cattle. Runoff from the open-lot pens and approximately 16.8 acres of other contributing drainage area is directed to runoff holding pond(s), which have a capacity of approximately 67.5 acre-feet. Solid manure scraped from the pens; solids removed from the debris basins; and the contents of the holding pond(s) are to be applied to the land application areas, in accordance with the CAFO’s Nutrient Management Plan (NMP). Circle T Feedlot Inc. has 5,678.6 acres available for manure application, but may also transfer manure to other recipients in any given year. EPA has the authority to issue an NPDES permit for this facility, located and discharging within the exterior boundaries of a federally recognized Indian Reservation. On the basis of a permit application provided to EPA by the Circle T Feedlot Inc. CAFO, and application of pertinent water quality standards and regulations, EPA proposes to issue NPDES Permit No. NE0134481, pursuant to Section 402 of the CWA, 33 U.S.C. Section 1342.

PROPOSED NPDES PERMIT: The proposed permit will reauthorize existing operations at the facility, as described in the NPDES permit and NMP. Any discharges from the production area of the facility, which could only occur during extreme rainfall and excessive flooding events, may reach an unnamed tributary to South Omaha Creek. The proposed permit includes technology-based effluent limitations and standards. Additional information regarding this proposed permit is contained in the Administrative Record, which includes the proposed permit, NMP, Statement of Basis for the proposed permit, CWA Section 401 Water Quality Certification, and other pertinent information upon which the proposed permit was based.

CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may issue the final NPDES permit for the Circle T Feedlot Inc. CAFO, EPA must certify under Section 401 of the CWA, 33 U.S.C. Section 1341, that the proposed permit will comply with the requirements of Sections 208(e), 301, 302, 303, 304(a), 306, 307, 401, 402, 518(e) of the CWA, including applicable water quality standards. EPA has reviewed the applicable water quality standards and has included limitations and conditions in the permit to ensure compliance with such requirements, as described in the proposed permit and Statement of Basis. At this time, EPA seeks public comments regarding its intent to certify that NPDES Permit No. NE0134481 will not violate applicable regulations and water quality standards.

ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Record (AR) for the proposed NPDES permit is available for review. See the links to the three AR documents below. 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 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 state the nature of the issues that the requester proposes to raise at the hearing. EPA’s rules and procedures governing the issuance of NPDES permits, public comment period, and public hearings on proposed NPDES permits are found at 40 Code of Federal Regulations (CFR) Parts 25 and 124 and are also available for review in the Administrative Record for the proposed permit. All written comments and any requests for a public hearing must be submitted by Feb. 24, 2025, to: Tanya Nix, Supervisor, Permits and Wetlands Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219. Written comments may also be submitted to Tanya Nix at [email protected].

• Draft Circle T Feedlot Inc. Permit (pdf) (239.8 KB)
• Statement of Basis for Draft Circle T Feedlot Inc. Permit (pdf) (65.3 KB)
• Clean Water Act Section 401 Certification for Circle T Feedlot Inc. (pdf) (142.73 KB)

Applicants or Respondents