[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24916-24917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10243]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9927-07-Region-10]


Proposed Issuance of NPDES General Permit for Tribal Marine Net 
Pen Enhancement Facilities in Washington State (Permit Number 
WAG132000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed issuance of NPDES General Permit and request 
for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes 
to issue a National Pollutant Discharge Elimination System (NPDES) 
General Permit for Tribal Marine Net Pen Enhancement Facilities in 
Washington State (General Permit). As proposed, the General Permit 
authorizes discharges to Waters of the U.S. within the State of 
Washington. The draft General Permit contains effluent limitations, 
along with administrative reporting and monitoring requirements, as 
well as standard conditions, prohibitions, and management practices. A 
fact sheet is available that explains the draft General Permit in 
detail. Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires 
EPA to seek a certification from the State of Washington that the 
conditions of the general permit are stringent enough to comply with 
State water quality standards. The Washington Department of Ecology 
(Ecology) has provided a draft certification that the draft General 
Permit complies with the State of Washington Water Quality Standards. 
EPA intends to seek a final certification from Ecology prior to issuing 
the General Permit. This is also notice of the draft Sec.  401 
certification provided by Ecology. Persons wishing to comment on the 
draft State certification should send written comments to Mr. Bill 
Moore; Water Quality Program, Washington Department of Ecology, P.O. 
Box 47696, Olympia, Washington 98504-7696 or via email to 
[email protected].

DATES: The public comment period for the draft General Permit will be 
from the date of publication of this Notice until June 30, 2015. 
Comments must be received or postmarked by no later than midnight 
Pacific Standard Time on June 30, 2015. All comments related to the 
draft General Permit and Fact Sheet received by EPA Region 10 by the 
comment deadline will be considered prior to issuing the General 
Permit.
    Submitting Comments: You may submit comments by any of the

[[Page 24917]]

following methods. All comments must include the name, address, and 
telephone number of the commenter.
    Mail: Send paper comments to Ms. Catherine Gockel, Office of Water 
and Watersheds; USEPA Region 10; 1200 6th Ave., Suite 900, OWW-191; 
Seattle, Washington 98101.
    Email: Send electronic comments to [email protected]. Make 
sure to write ``Comments on the Draft Tribal Marine Net Pen Enhancement 
Facilities General Permit'' in the subject line.
    Fax: Fax comments to the attention of Catherine Gockel at (206) 
553-0325.
    Hand Delivery/Courier: Deliver comments to Catherine Gockel, EPA 
Region 10, Office of Water and Watersheds, Mail Stop OWW-191, 1200 6th 
Avenue, Suite 900, Seattle, WA 98101-3140. Call (206) 553-0523 before 
delivery to verify business hours.
    Viewing and/or Obtaining Copies of Documents. A copy of the draft 
General Permit and the Fact Sheet, which explains the proposal in 
detail, may be obtained by contacting EPA at 1 (800) 424-4372. Copies 
of the documents are also available for viewing and downloading at: 
www.epa.gov/r10earth/waterpermits.htm.
    Requests may also be made to Audrey Washington at (206) 553-0523 or 
[email protected].
    Public Hearing: Persons wishing to request a public hearing should 
submit their written request by June 30, 2015 stating the nature of the 
issues to be raised as well as the requester's name, address, and 
telephone number to Catherine Gockel 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 General Permit.

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Catherine Gockel, Office of Water and Watersheds, U.S. 
Environmental Protection Agency, Region 10. Contact information is 
included above in the ``Submitting Comments'' Section.

Other Legal Requirements

    Endangered Species Act [16 U.S.C. 1531 et al.]. Section 7 of the 
Endangered Species Act (ESA) requires Federal agencies to consult with 
NOAA Fisheries (NMFS) and the U.S. Fish and Wildlife Service (USFWS) 
(the Services) if their actions have the potential to either 
beneficially or adversely affect any threatened or endangered species. 
EPA has analyzed the discharges proposed to be authorized by the draft 
General Permit, and their potential to adversely affect any of the 
threatened or endangered species or their designated critical habitat 
areas in the vicinity of the discharges. Based on this analysis, EPA 
has determined that the issuance of this permit will have no effect to 
any threatened or endangered species in the vicinity of the discharge. 
Therefore, ESA consultation is not required.
    National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.] 
and Other Federal Requirements. Regulations at 40 CFR 122.49, list the 
federal laws that may apply to the issuance of permits i.e., ESA, 
National Historic Preservation Act, the Coastal Zone Act 
Reauthorization Amendments (CZARA), NEPA, and Executive Orders, among 
others. The NEPA compliance program requires analysis of information 
regarding potential impacts, development and analysis of options to 
avoid or minimize impacts; and development and analysis of measures to 
mitigate adverse impacts. EPA determined that no Environmental 
Assessments (EAs) or Environmental Impact Statements (EISs) are 
required under NEPA. EPA also determined that CZARA does not apply.
    Essential Fish Habitat (EFH). The Magnuson-Stevens Fishery 
Management and Conservation Act requires EPA to consult with NOAA-NMFS 
when a proposed discharge has the potential to adversely affect a 
designated EFH. The EFH regulations define an adverse effect as ``any 
impact which reduces quality and/or quantity of EFH . . . [and] may 
include direct (e.g. contamination or physical disruption), indirect 
(e.g. loss of prey, reduction in species' fecundity), site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.'' NMFS may recommend measures for attachment 
to the federal action to protect EFH; however, such recommendations are 
advisory, and not prescriptive in nature. EPA has evaluated the Draft 
General Permit and has made the determination that issuance of the 
General Permit will have no effect on EFH.
    Executive Order 12866: The Office of Management and Budget (OMB) 
exempts this action from the review requirements of Executive Order 
12866 pursuant to Section 6 of that order.
    Economic Impact [Executive Order 12291]: The EPA has reviewed the 
effect of Executive Order 12291 on this Draft General Permit and has 
determined that it is not a major rule pursuant to that Order.
    Paperwork Reduction Act [44 U.S.C. 3501 et seq.] The EPA has 
reviewed the requirements imposed on regulated facilities in the Draft 
General Permit and finds them consistent with the Paperwork Reduction 
Act of 1980, 44 U.S.C. 3501 et seq.
    Regulatory Flexibility Act [5 U.S.C. 601 et seq.] The Regulatory 
Flexibility Act (RFA) requires that EPA prepare an initial regulatory 
flexibility analysis for rules subject to the requirements of the 
Administrative Procedures Act [APA, 5 U.S.C. 553] that have a 
significant impact on a substantial number of small entities. However, 
EPA has concluded that NPDES General Permits are not rulemakings under 
the APA, and thus not subject to APA rulemaking requirements or 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 the APA, and are, therefore, 
not subject to the UMRA.

    Authority: This action is taken under the authority of Section 
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby 
provide public notice of the Draft General Permit for Tribal Marine 
Net Pen Enhancement Facilities in Washington State in accordance 
with 40 CFR 124.10.

    Dated: April 23, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2015-10243 Filed 4-30-15; 8:45 am]
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