[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57371-57372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23477]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9934-35-Region 10]


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 availability of final NPDES General Permit.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10 is 
publishing notice of availability of the final National Pollutant 
Discharge Elimination System (NPDES) General Permit for Tribal Marine 
Net Pen Enhancement Facilities in Washington State (General Permit). 
The General Permit authorizes discharges to Waters of the U.S. within 
the State of Washington. The General Permit contains effluent 
limitations, along with administrative reporting and monitoring 
requirements, as well as standard conditions, prohibitions, and 
management practices.

DATES: The issuance date of the General Permit is September 23, 2015. 
The effective date of this General Permit will be November 1, 2015. 
Existing operators

[[Page 57372]]

must submit a Notice of Intent (NOI) to discharge no more than 30 days 
following the effective date of this general permit. New operators must 
submit NOIs at least 180 days prior to initiation of operations.

ADDRESSES: Copies of the General Permit and Response to Comments are 
available through written requests submitted to EPA, Region 10, 1200 
Sixth Avenue, Suite 900, OWW-191, Seattle, WA 98101. Electronic 
requests may be sent to: [email protected]. For requests by 
phone, call Audrey Washington at (206) 553-0523.
    The General Permit, Fact Sheet, and Response to Comments may be 
found on the Region 10 Web site at http://yosemite.epa.gov/r10/water.nsf/npdes+permits/general+npdes+permits/ permits/.

FOR FURTHER INFORMATION CONTACT: Catherine Gockel, Office of Water and 
Watersheds, U.S. Environmental Protection Agency, Region 10, Mail Stop 
OWW-191, 1200 6th Avenue, Suite 900, Seattle, WA 98101-3140, at (206) 
553-0325 or [email protected].

SUPPLEMENTARY INFORMATION: Endangered Species Act [16 U.S.C. 1531 et 
al.]: EPA has analyzed the discharges proposed to be authorized by the 
General Permit, and their potential to adversely affect 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 was 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 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 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 
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.

Appeal of Permit

    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, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 
days of the General Permit issuance date. Affected persons may not 
challenge the conditions of the General Permit in further EPA 
proceedings (see 40 CFR 124.19). Instead, they may either challenge the 
General Permit in court or apply for an individual NPDES permit.

    Authority:  This action is taken under the authority of Section 
402 of the Clean Water Act as amended, 42 U.S.C. 1342.

    Dated: September 9, 2015.
Daniel D. Opalski,
 Director, Office of Water & Watersheds, Region 10.
[FR Doc. 2015-23477 Filed 9-22-15; 8:45 am]
 BILLING CODE 6560-50-P