[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65774-65775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29598]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9090-1]


Issuance of a Final NPDES General Permit (GP) for Offshore 
Seafood Processors Discharging in Federal Waters Off the Alaska Shore 
(Permit Number AKG-524-000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Issuance of Final NPDES General Permit.

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SUMMARY: On September 26, 2008, the Director, Office of Water and 
Watersheds, EPA Region 10, proposed to issue a general permit to cover 
offshore seafood processors discharging seafood processing waste off 
the shore of Alaska. During the 76-day comment period, EPA received 
comments from 11 people and has prepared a Response to Comments 
document to explain changes made in the permit and reasons for not 
making changes that were requested.

DATES: The permit will become effective March 1, 2010 and will expire 
February 28, 2015. The permit issuance date is December 28, 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 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.

SUPPLEMENTARY INFORMATION

A. Endangered Species Act

    Section 7 of the Endangered Species Act requires EPA to consult 
with the U.S. Fish and Wildlife Service and National Marine Fisheries 
Service 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. 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, their critical habitat, or essential 
fish habitat in the vicinity of the discharge. After reviewing the BE 
and permit the Services concurred with EPA's findings.

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

[[Page 65775]]

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: December 1, 2009.
Michael A. Bussell,
Director, Office of Water & Watersheds, Region 10, U.S. Environmental 
Protection Agency.
[FR Doc. E9-29598 Filed 12-10-09; 8:45 am]
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