[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27817-27819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12734]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9963-45--Region 10]


Re-Proposal of an 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 re-proposal of General Permit.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 re-
proposes a National Pollutant Discharge Elimination System (NPDES) 
General Permit for Offshore Seafood Processors in Federal Waters off 
the Washington and Oregon Coast (Permit Number WAG520000). On August 
24, 2015, EPA released a draft NPDES General Permit for public review. 
The public comment period closed on October 8, 2015. Based on the 
comments received, EPA has made revisions to the draft General Permit. 
EPA is re-proposing a revised draft General Permit, revised Fact Sheet 
and a revised Biological Evaluation. EPA is only accepting comments on 
permit conditions that are different from those proposed in the draft 
General Permit that was issued for review and comment on August 24, 
2015.
    Specifically, EPA seeks public comment on the following proposed 
changes: A seasonal prohibition on wastewater discharges in waters 
shallower than 100 meters in depth and a year-round discharge 
prohibition over the Heceta/Stonewall Banks complex; clarification on 
the jurisdiction of the General Permit; the addition of a Best 
Management Practice (BMP) that vessels be moving while discharging in 
order to aid dispersion of the discharge; clarification of terminology 
used in the General Permit; clarification of the sea surface monitoring 
requirements; provisions to mitigate impact to seabirds; updates to the 
standard NPDES language and conditions; revisions to the Notice of 
Intent (NOI) for permit coverage; revisions to the Annual Report; and 
other factors that the EPA considered prior to re-proposing this draft 
General Permit based on comments received (i.e., effluent monitoring, 
harmful algal blooms and scientific study sites).

DATES: The public comment period for the re-proposed General Permit for 
Offshore Seafood Processors in Federal Waters off the Washington and 
Oregon Coast will be 45 days from the date of publication of this 
Notice. Comments

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must be received or postmarked by no later than midnight Pacific 
Standard Time, August 3, 2017. EPA will only consider comments on the 
re-proposed permit provisions. Comments submitted previously on the 
initial draft General Permit need not be resubmitted; comments 
addressing permit provisions or issues beyond the scope of this re-
proposal will not be considered.

ADDRESSES: EPA will consider comments on the re-proposed permit 
provisions before making its final decision. You may submit comments by 
any of the following methods:
    Mail: Send paper comments to Catherine Gockel, Office of Water and 
Watersheds, Mail Stop OWW-191, 1200 6th Avenue, Suite 900, Seattle, WA 
98101-3140.
    Email: Send electronic comments to [email protected].
    Hand Delivery/Courier: Deliver comments to Catherine Gockel, 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: 
https://yosemite.epa.gov/r10/water.nsf/NPDES+Permits/DraftPermitsORWA.

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, (206) 553-
0325, [email protected].

SUPPLEMENTARY INFORMATION: 
    Public Hearing. Persons wishing to request a public hearing may do 
so, in writing, by the expiration date of this public comment period. A 
public hearing is a formal meeting whereby EPA officials hear the 
public's views and concerns about an EPA action or proposal. A request 
for a public hearing must state the nature of the issues to be raised, 
reference the NPDES permit name and permit number, and include the 
requester's name, address, and telephone number.
    Document Viewing Locations. The re-proposed General Permit and Fact 
Sheet may also be viewed at the following location: EPA Region 10 
Library, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 
98101; (206) 553-1289. EPA's current administrative record for the 
draft General Permit is available for review at the EPA Region 10 
Office, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 
98101, between 9:00 a.m. and 4:00 p.m., Monday through Friday. Contact 
Catherine Gockel at [email protected] or (206) 553-0325.
    State Water Quality Standards and Certification. The General 
Permit's area of coverage is only in federal waters, thus EPA is not 
seeking 401 certification from any State or Tribe. However, seafood 
waste discharged under this General Permit could potentially affect 
waters of Washington and Oregon. EPA has sent the draft General Permit 
to the States of Oregon and Washington as required under Section 
401(a)(2) and received feedback from each State.
    Coastal Zone Management Act--Federal Consistency Determination. 
Section 307 of the Coastal Zone Management Act of 1972 (CZMA) requires 
that federal actions, within and outside the coastal zone, which have 
reasonably foreseeable effects on any coastal use (land or water) or 
natural resource of the coastal zone be consistent with the enforceable 
policies of a state's federally approved coastal management program. 
Federal agency activities must be consistent to the maximum extent 
practicable with the enforceable policies of a state coastal management 
program, and license and permit and financial assistance activities 
must be fully consistent. EPA has submitted CZMA federal consistency 
determinations to Washington and Oregon. The consistency determinations 
conclude that the General Permit is consistent with the enforceable 
policies of each State. Both States will now review the consistency 
determinations and General Permit, and will provide their own 
opportunities for public notice.
    Endangered Species Act. Section 7 of the Endangered Species Act, 16 
U.S.C. 1531-1544, requires federal agencies to consult with the 
National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife 
Service (USFWS) if their actions have the potential to affect any 
threatened or endangered species. EPA 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 in 
a Biological Evaluation dated August 2015. On December 18, 2015, NMFS 
concurred with EPA that the proposed action is not likely to adversely 
affect the ESA-listed fish, marine mammals, and turtles under NMFS 
jurisdiction. On September 29, 2015, EPA received a response from USFWS 
indicating that the draft General Permit has the potential to affect 
ESA-listed or migratory birds. EPA has updated its Biological 
Evaluation to reflect changes to the re-proposed General Permit. EPA 
has reviewed the re-proposed draft permit and determined that the 
proposed changes would not alter the original conclusions that the 
discharges may affect, but are not likely to adversely affect listed, 
proposed, and candidate species or their designated critical habitat 
areas. The Fact Sheet, the re-proposed draft General Permit, and the 
revised Biological Evaluation will be sent to NMFS and USFWS for review 
during the public comment period.
    Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation 
and Management Act requires EPA to consult with NMFS when a proposed 
permit action has the potential to adversely affect Essential Fish 
Habitat (EFH). The EPA submitted a Biological Evaluation dated August 
2015 to NMFS, which included an EFH assessment. The EFH assessment 
concluded that the discharges authorized by the draft General Permit 
will not adversely affect EFH. On December 18, 2015, the NMFS 
communicated to the EPA that the proposed action could adversely affect 
EFH because of impacts to water quality and to benthic conditions. The 
NMFS provided conservation recommendations to avoid, mitigate, or 
offset the impact of the proposed action on EFH. The EPA has considered 
these recommendations and responded via letter.
    Executive Order 12866. The Office of Management and Budget exempts 
this action from the review requirements of Executive Order 12866 
pursuant to Section 6 of that order.
    Paperwork Reduction Act. 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.
    National Marine Sanctuaries Act. Section 304(d) of the NMSA (16 
U.S.C Sec.  1434(d)) requires federal agencies to consult with the 
Secretary of Commerce, through NOAA, regarding any federal action or 
proposed action, including activities authorized by federal license, 
lease, or permit, that is likely to destroy, cause the loss of, or 
injure any sanctuary resource. In a letter dated May 25, 2016, the 
Sanctuary provided the EPA with recommended alternatives to protect 
Sanctuary resources and minimize or mitigate injury to Sanctuary 
resources associated with the proposed General Permit. The EPA has 
considered the

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Sanctuary's recommendations and has responded via letter.
    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.'' EPA has 
concluded that NPDES General Permits are permits, not rulemakings, 
under the APA and thus not subject to APA rulemaking requirements or 
the RFA.

    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 revised draft General Permit for 
Offshore Seafood Processors in Federal Waters off the Washington and 
Oregon Coast in accordance with 40 CFR 124.10.

    Dated: May 25, 2017.
Christine Psyk,
Acting Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2017-12734 Filed 6-16-17; 8:45 am]
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