[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Page 31425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15417]




Issuance of a Final NPDES General Permit (GP) for Federal 
Aquaculture Facilities and Aquaculture Facilities Located in Indian 
Country Within the Boundaries of the State of Washington (Permit Number 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Issuance of final NPDES General Permit.


SUMMARY: On November 12, 2008, the Director, Office of Water and 
Watersheds, EPA Region 10, proposed to issue a general permit to cover 
federal aquaculture facilities and aquaculture facilities in Indian 
Country in the State of Washington that meet minimum size thresholds of 
20,000 pounds annual production and 5,000 pounds of feed used in the 
maximum month of feeding. During the 47-day comment period, EPA 
received comments from six people representing four organizations and 
has prepared a Response to Comments document to explain changes made in 
the permit and reasons for not making changes that were requested. EPA 
received certification for the permit under Section 401 of the Clean 
Water Act from the Lummi Nation, the Makah Tribe, the Spokane Tribe, 
the Tulalip Tribes, and the Washington Department of Ecology.

DATES: The permit will become effective August 1, 2009 and will expire 
July 31, 2014. The permit issuance date is July 15, 2009.

ADDRESSES: Copies of the General Permit and the Response to Comments 
may be requested from Audrey Washington, EPA Region 10, 1200 Sixth 
Avenue, Suite 900, OWW-130, Seattle, WA 98101-3140, by phone at (206) 
553-0523, or by e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Copies of the general permit, fact 
sheet, and response to comments are available on the EPA Region 10 Web 
site at http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#fedaqua.


A. Endangered Species Act

    EPA has determined that issuance of the General Permit is not 
likely to adversely affect threatened or endangered salmonids, birds, 
or marine mammals, their designated critical habitat, or essential fish 
habitat. EPA has also determined that issuance of the General Permit 
will have no effect on any threatened or endangered marine reptiles, 
terrestrial mammals, invertebrates, or their designated critical 
habitats. Consultation with the U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service is ongoing.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the review requirements of Executive Order 12866 pursuant to Section 6 
of that order.

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. 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 UMRA.

E. Appeal of Permits

    Any interested person may appeal the general permit in the Federal 
Court of Appeals in accordance with Section 509(b)(1) of the Clean 
Water Act. This appeal must be filed within 120 days after the permit 
issuance date. Persons affected by the permits may not challenge the 
conditions of the permits in further EPA proceedings (See 40 CFR 
124.19). Instead they may either challenge the permit in court or apply 
for an individual NPDES permit.

    Dated: June 23, 2009.
Michael A. Bussell,
Director, Office of Water & Watersheds, Region 10.
[FR Doc. E9-15417 Filed 6-30-09; 8:45 am]