[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51253-51254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20902]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9932-96-Region 10]


Proposed Issuance of the NPDES General Permit for Offshore 
Seafood Processors in Federal Waters off the Washington and Oregon 
Coast (Permit Number WAG520000)

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 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 
discharging in Federal Waters off the coasts of Washington and Oregon, 
pursuant to the provisions of the Clean Water Act, 33 U.S.C. 1251, et 
seq. As proposed, the draft general permit authorizes the discharge of 
treated seafood processing wastes from facilities to Federal Waters of 
the contiguous zone and ocean.

DATES: The public comment period for the draft general permit will be 
from the date of publication of this Notice until October 8, 2015. 
Comments must be received or postmarked by no later than midnight 
Pacific Daylight Time on October 8, 2015. Persons wishing to request a 
public hearing should submit their written request by October 8, 2015.

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-191; Seattle, Washington 98101. Comments may 
also be received via electronic mail at [email protected]. A copy 
of the permit and other support documents can be found on the Region 10 
Web site at http://www.epa.gov/r10earth/waterpermits.htm.

FOR FURTHER INFORMATION CONTACT: Lindsay Guzzo at [email protected] 
or (206) 553-0268. Requests may also be made to Audrey Washington at 
(206) 553-0523 or [email protected].

SUPPLEMENTARY INFORMATION: 

Public Comment

    The draft general permit contains technology-based effluent 
limitations, administrative and monitoring requirements, as well as 
other standard conditions, prohibitions, and management practices. 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. Copies of the draft general permit, fact 
sheet, Biological Evaluation, Essential Fish Habitat Assessment, and 
Ocean Discharge Criteria Evaluation are available online at http://www.epa.gov/r10earth/waterpermits.htm (click on draft permits, then 
Oregon and Washington), at the EPA Region 10 headquarters at the 
address listed above any time between 8:30 a.m. and 4:00 p.m., Monday 
through Friday, or mailed upon request. Interested persons may submit 
written comments to the attention of Lindsay Guzzo at the address 
above. All comments must include the name, address, and telephone 
number of the commenter, 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 October 8, 2015, 
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.

Public Hearing

    Persons wishing to request a public hearing should submit their 
written request by October 8, 2015 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.

Endangered Species Act

    Section 7 of the Endangered Species Act (ESA), 16 U.S.C. 1531-1544, 
requires federal agencies to consult with the National Marine Fisheries 
Service

[[Page 51254]]

(NMFS) and the U.S. Fish and Wildlife Service (USFWS) if their actions 
have the potential to either beneficially or adversely affect any 
threatened or endangered species. To address these ESA requirements, 
and in support of the 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 in the 
vicinity of the discharges. The fact sheet, the draft permits and the 
BE are being sent to the Services for review of 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 general permit.
    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, the 
EPA prepared an EFH Assessment concluding that offshore seafood 
processors operations may adversely affect essential fish habitat. 
However, the 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. 
Any additional comments or conservation recommendations received from 
NOAA Fisheries regarding EFH will be considered prior to issuance of 
the general permit.

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.

Paperwork Reduction Act

    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

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a 
federal agency must prepare an initial regulatory flexibility analysis 
``for any proposed rule'' for which the agency ``is required by section 
553 of the Administrative Procedure Act (APA), or any other law, to 
publish general notice of proposed rulemaking.'' The RFA exempts from 
this requirement any rule that the issuing agency certifies ``will not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities.'' The EPA has concluded that NPDES general 
permits are permits, not rulemakings, under the APA and thus not 
subject to APA rulemaking requirements or the FRA.

    Dated: August 14, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2015-20902 Filed 8-21-15; 8:45 am]
BILLING CODE 6560-50-P