[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55840-55842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22553]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8720-2]


Draft NPDES General Permit for Offshore Seafood Processors in 
Alaska (Permit Number AKG524000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft NPDES general permit and 
request for public comment.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is proposing to issue a general National Pollutant Discharge 
Elimination System (NPDES) permit for Offshore Seafood Processors in 
Alaska, pursuant to the provisions of the Clean Water Act, 33 U.S.C. 
1251 et seq. The draft general permit authorizes the discharge of 
treated seafood processing wastes from new and existing facilities to 
State and Federal Waters, at least 0.5 nautical miles from shore as 
delineated by mean lower low water. Interested persons may submit 
comments on the proposed general permit to EPA Region 10 at the address 
below. Comments must be received or postmarked by November 10, 2008. A 
fact sheet has been prepared which sets forth the principle factual, 
legal, policy, and scientific information considered in the development 
of the draft general permit.
    The draft general permit contains a variety of technology-based and 
water quality-based effluent limitations, along with administrative and 
monitoring requirements, as well as other standard conditions, 
prohibitions, and management practices. Within state waters a 100 foot 
mixing zone is proposed for residues, dissolved gas, non-hydrocarbon 
oil and grease, fecal coliform, pH, temperature, color, turbidity, and 
total residual chlorine. In addition, the permit allows for the 
issuance of site specific zones of deposit (ZODs) by the Alaska 
Department of Environmental Conservation (ADEC). The site specific ZODs 
would only be authorized for facilities discharging between 0.5-1 
nautical mile from shore upon application by the discharger. If a 
discharger requests a ZOD, ADEC would public notice the proposed ZOD 
authorization before the ZOD is authorized for the discharger. ZODs 
will be granted through an individual State certification that will be 
attached to EPA's authorization to discharge letter.
    Public Comment: Copies of the draft general permit, fact sheet, 
Biological Evaluation, Essential Fish Habitat Assessment, Environmental 
Assessment, Preliminary Finding of No Significant Impact (FONSI), and 
Ocean Discharge Criteria Evaluation are available upon request. Theses 
documents may also be downloaded from the Region 10 Web site at http://www.epa.gov/r10earth/waterpermits.htm (click on draft permits, then 
Alaska). Interested persons may submit written comments to the 
attention of Lindsay Guzzo at the address below. All comments must 
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 November 10, 
2008, the Director, Office of Water and Watersheds, EPA Region 10, will 
make a final determination with respect to issuance of the general 
permit. The proposed requirements contained in the draft general permit 
will become final upon issuance if no significant comments are received 
during the public comment period.

DATES: Comments must be received or postmarked by November 10, 2008.

ADDRESSES: Comments on the proposed general permit should be sent to 
Lindsay Guzzo, Office of Water and Watersheds; USEPA Region 10; 1200 
6th Ave, Suite 900, OWW-130; Seattle, Washington 98101. Comments may 
also be received via electronic mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Lindsay Guzzo at the address above, or by visiting the 
Region 10 Web site at http://www.epa.gov/r10earth/waterpermits.htm. 
Requests may also be made to Audrey

[[Page 55841]]

Washington at (206) 553-0523, or electronically mailed to: 
[email protected]. For further information regarding the 
State's certification of the general permit, contact Shawn Stokes at 
the address below.

SUPPLEMENTARY INFORMATION:

Public Informational Meetings

    Two public informational meetings will be held to discuss the 
Proposed Permit, clarify changes and to answer general questions. Two 
meetings will be held, one in Anchorage on October 15, 2008, in the 
Westmark Hotel Anchorage, 720 West 5th Avenue, Anchorage, AK 99501, at 
5:30 p.m., the other in Seattle on October 28, 2008 in the Red Lion 
Hotel, 1415 5th Avenue, Seattle, WA 98101 at 5 p.m. These informational 
meetings will not serve as a formal public hearing on the permit.

Public Hearing

    Persons wishing to request a public hearing should submit their 
written request by November 10, 2008 stating the nature of the issues 
to be raised as well as the requester's name, address and telephone 
number to Lindsay Guzzo 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 letters of the availability of the 
draft permit.

Administrative Record

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

Other Legal Requirements

State Water Quality Standards and State Certification

    EPA is also providing Public Notice of ADEC's intent to certify the 
general permit pursuant to section 401 of the Clean Water Act. ADEC has 
provided a draft certification that the draft general permit complies 
with State Water Quality Standards (18 AAC 15), including the State's 
antidegradation policy.
    Persons wishing to comment on State certification of the draft 
general NPDES permit should send written comments to Mr. Shawn Stokes 
in ADEC's Anchorage Office, 555 Cordova Street, Anchorage, Alaska 
99501, or via electronic mail at [email protected].

National Environmental Policy Act

    Because the proposed permit will cover new sources in Alaska, the 
permit is subject to the National Environmental Policy Act (NEPA). 
Based on the Environmental Assessment (EA) and consideration of the 
proposed NPDES permit conditions, and in accordance with the guidelines 
for determining the significance of proposed federal actions (40 CFR 
1508.27) and EPA criteria for initiating an Environmental Impact 
Statement (EIS) (40 CFR 6.605), EPA has concluded that the proposed 
NPDES permit will not result in significant effect on the human 
environment. The proposed permit will not significantly affect land use 
patterns or population, wetlands or flood plains, threatened or 
endangered species, farmlands, ecologically critical areas, historic 
resources, air quality, water quality, noise levels, and fish and 
wildlife resources. It will also not conflict with approved local, 
regional, or state land use plans or policies. The proposed permit also 
conforms with all applicable Federal statutes and executive orders. As 
a result of these findings, EPA has determined that an EIS will not be 
prepared and the public is invited to comment on EPA's Preliminary 
Finding Of No Significant Impacts (FONSI).

Endangered Species Act

    Section 7 of the Endangered Species Act requires EPA to consult 
with the U.S. Fish and Wildlife Service and NOAA Fisheries regarding 
the potential effects that an action may have on listed endangered or 
threatened species or their critical habitat. To address these ESA 
requirements, and in support of EPA's informal consultation with the 
Services, a Biological Evaluation (BE) was prepared to analyze these 
potential effects. During the development of the draft general permit, 
information provided by the Services was used to identify species of 
interest for consideration in the BE. The results of the BE concluded 
that discharges from Offshore Seafood Processing facilities will either 
have no effect or are not likely to adversely affect threatened or 
endangered species in the vicinity of the discharges. The fact sheet, 
the draft permits and the BE are being reviewed by the Services for 
consistency with those programs established for the conservation of 
endangered and threatened species. Any additional comments or 
conservation recommendations received from the Services regarding 
threatened or endangered species will be considered prior to issuance 
of the GPs.

Magnuson-Stevens Fishery Conservation and Management Act

    Section 305(b) of the Magnuson-Stevens Act (16 U.S.C. 1855(b)) 
requires federal agencies to consult with NOAA Fisheries when any 
activity proposed to be permitted, funded, or undertaken by a federal 
agency may have an adverse effect on designated Essential Fish Habitat 
(EFH) as defined by the Act. To address the requirements of the 
Magnuson-Stevens Act, EPA prepared an EFH Assessment concluding that 
offshore seafood processors operations may adversely affect essential 
fish habitat. However, EPA expects that effects on essential fish 
habitat, while possible, are likely to be limited in extent for several 
reasons. For more information please see the Biological Evaluation/ EFH 
assessment. As with ESA, any additional comments or conservation 
recommendations received from NOAA Fisheries regarding EFH will be 
considered prior to issuance of the GPs.

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.

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 and 2040-0110.

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 is therefore not subject to the RFA.

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 is therefore not 
subject to the RFA.


[[Page 55842]]


    Dated: September 18, 2008.
Michael F. Gearheard,
Director, Office of Water and Watersheds, Region 10.
 [FR Doc. E8-22553 Filed 9-25-08; 8:45 am]
BILLING CODE 6560-50-P