[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79333-79335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32026]
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ENVIRONMENTAL PROTECTION AGENCY
[FLR-9940-43-Region 10]
Proposed Reissuance of NPDES General Permit for Discharges From
Federal Aquaculture Facilities and Aquaculture Facilities Located in
Indian Country Within the Boundaries of Washington State (Permit Number
WAG130000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed reissuance of NPDES General Permit and
request for public comment.
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SUMMARY: The Director, Office of Water and Watersheds, Environmental
Protection Agency (EPA) Region 10, is proposing to reissue a National
Pollutant Discharge Elimination System (NPDES) General Permit for
Federal Aquaculture Facilities and Aquaculture Facilities Located in
Indian Country within the Boundaries of Washington State (General
Permit). The draft General Permit contains effluent limitations, along
with administrative reporting and monitoring requirements, as well as
standard conditions,
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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, and Indian Tribes
with Treatment as a State for Water Quality Standards, that the
conditions of the General Permit are stringent enough to comply with
State water quality standards. The Washington Department of Ecology
(Ecology) and the Lummi, Makah, Spokane, and Tulalip Tribes have
provided draft certification that the draft General Permit complies
with applicable Water Quality Standards. EPA will seek final
certification from Ecology and tribes prior to issuing the General
Permit. This is also notice of the draft Sec. 401 certification
provided by Ecology and tribes. Persons wishing to comment on the draft
Sec. 401 certifications should send written comments to the contacts
in the fact sheet.
DATES: The public comment period for the draft General Permit will be
from the date of publication of this Notice until March 31, 2016.
Comments must be received or postmarked by no later than midnight
Pacific Standard Time on March 31, 2016. 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
following methods. All comments must include the name, address, and
telephone number of the commenter.
Mail: Send paper comments to 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]. Write
``Comments on the Draft Aquaculture General Permit'' in the subject
line.
Fax: Fax comments to the attention of Catherine Gockel at (206)
553-1280.
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: http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits#WA .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 March 31, 2016 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.
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 is not likely to adversely affect any threatened or endangered
species in the vicinity of the discharge.
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 is not likely to adversely affect 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
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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 Federal
Aquaculture Facilities and Aquaculture Facilities Located in Indian
Country within the Boundaries of Washington State in accordance with
40 CFR 124.10.
Dated: December 14, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2015-32026 Filed 12-18-15; 8:45 am]
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