[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31574-31575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11033]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8323-2]


Reproposal of the Reissuance of Two General NPDES Permits (GPs), 
One for Aquaculture Facilities in Idaho Subject to Wasteload 
Allocations Under Selected Total Maximum Daily Loads (Permit Number 
IDG-13-0000) and One for Fish Processors Associated With Aquaculture 
Facilities in Idaho (Permit Number IDG-13-2000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of additional modification of two draft general NPDES 
permits.

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SUMMARY: On September 27, 2004, a general permit regulating the 
activities of aquaculture facilities in Idaho and associated on-site 
fish processors expired. On June 19, 2006, the Director, Office of 
Water and Watersheds, EPA Region 10, proposed to reissue three general 
permits to cover facilities covered under the previous permit. These 
general permits also will cover facilities currently operating under 
individual permits, thereby terminating the authorization to discharge 
under the individual permits. This additional public notice is to 
invite comments on revised limits for some of the covered facilities 
and revised requirements for pollutant trading among the facilities, as 
well as revised determinations on the effect on listed species under 
the Endangered Species Act.

DATES: Comments must be received or postmarked by July 9, 2007.
    Public Comment: Interested persons may submit written comments on 
the changes to the draft permits to the attention of Sharon Wilson at 
the address below. All comments should include the name, address, and 
telephone number of the commenter and a concise statement of comment 
and the relevant facts upon which it is based. Comments of either 
support or concern which are directed at specific, cited permit 
requirements are appreciated.
    After the expiration date of the Public Notice on July 9, 2007; the 
Director, Office of Water and Watersheds, EPA Region 10, will make a 
final determination with respect to issuance of the general permits. 
Response to comments from both comment periods will be published with 
the final permits. The proposed requirements contained in the draft 
general permits will become final 30 days after publication of the 
final permits in the Federal Register.

[[Page 31575]]


ADDRESSES: Comments on the proposed changes to the General Permits 
should be sent to Sharon Wilson, USEPA Region 10; 1200 Sixth Avenue, 
OWW-130; Seattle, Washington 98101 or by e-mail to 
[email protected].

FOR FURTHER INFORMATION, CONTACT: Carla Fromm, 208-378-5755, 
[email protected] or Sharon Wilson, 206-553-0325, 
[email protected]. Copies of the draft general permit and the fact 
sheets may be downloaded from the EPA Region 10 Web site at http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#Aquaculture. They are also available upon request 
from Audrey Washington at (206) 553-0523, or e-mailed to 
[email protected].

SUPPLEMENTARY INFORMATION

Public Hearing

    Written comments receive as much consideration as oral comments at 
a public hearing. Persons wishing to request a public hearing should 
submit their written request by July 9, 2007, stating the nature of the 
issues to be raised as well as the requester's name, address and 
telephone number to Sharon Wilson at the address above. If a public 
hearing is scheduled, notice will be published in the Federal Register. 
Notice will also be posted on the Region 10 Web site and will be mailed 
to all interested persons receiving notice of availability of the draft 
permits.

Administrative Record

    The complete administrative record for the draft permit is 
available for public review at the EPA Region 10 office at the address 
listed above.

Other Legal Requirements

A. Endangered Species Act

    EPA has determined that issuance of the General Permits is not 
likely to adversely affect threatened or endangered salmonids, 
designated critical habitat, or essential fish habitat. Issuance of the 
General Permits is likely to adversely affect threatened or endangered 
snail species or their designated critical habitat, due to possible 
impairment of the water quality needs of the snails through TSS and TP 
additions to receiving waters in the mid-Snake subbasin; this is a 
change from the determination for the previous public comment period. 
Issuance of the Wasteload Allocation Permit to four warm water 
facilities in Idaho is likely to affect the three listed snail species 
because of the increase in temperature of the receiving streams in the 
immediate vicinity of these facilities. EPA has determined that, due to 
location of the snails relative to the aquaculture facilities, the 
general permits for aquaculture facilities are not likely to adversely 
affect the Bruneau Hot Springsnail. EPA has determined that issuance of 
the General Permits will have no effect on any terrestrial threatened 
or endangered species or their designated critical habitat.

B. Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

C. Paperwork Reduction Act

    The information collection requirements of this permit were 
previously approved by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
and assigned OMB control numbers 2040-0086 (NPDES permit application) 
and 2040-0004 (discharge monitoring reports).

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. However, general 
NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 
553(b) and are therefore not subject to the RFA.

E. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, State, and local governments and the 
private sector. However, general NPDES permits are not ``rules'' 
subject to the requirements of 5 U.S.C. 553(b) and are therefore not 
subject to the RFA or the UMRA.

    Dated: May 30, 2007.
Michael F. Gearheard,
Director,Office of Water & Watersheds, Region 10.
[FR Doc. E7-11033 Filed 6-6-07; 8:45 am]
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