[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Notices]
[Pages 24399-24400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09597]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10023-13-Region 1]


Notice of Availability of NPDES Aquaculture General Permit 
(AQUAGP) for Concentrated Aquatic Animal Production (CAAP) Facilities 
and Other Related Facilities in Massachusetts, New Hampshire, and 
Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of NPDES General Permit MAG130000, 
NHG130000, and VTG130000.

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SUMMARY: U.S. Environmental Protection Agency--Region 1 (EPA), is 
providing a Notice of Availability of the National Pollutant Discharge 
Elimination System (NPDES) Aquaculture General Permit (AQUAGP) for 
discharges from Concentrated Aquatic Animal Production (CAAP) 
facilities and other related facilities to certain waters of the 
Commonwealth of Massachusetts, State of New Hampshire, and State of 
Vermont (federal facilities only). This NPDES AQUAGP (``General 
Permit'') establishes effluent limitations and requirements, effluent 
and ambient monitoring requirements, reporting requirements, and 
standard conditions for 12 eligible hatcheries currently covered by 
individual NPDES permits, five in Massachusetts, five in New Hampshire, 
and two in Vermont. The Commonwealth of Massachusetts and State of New 
Hampshire have provided Clean Water Act Section 401 certification for 
this permit and the State of Vermont has waived the 401 certification 
requirement.

DATES: The issuance date of this Final General Permit is the date of 
signature of the Final Permit. The Final General Permit will become 
effective the first day of the month following 60 days from the date of 
signature.

ADDRESSES: Copies of the General Permit and Response to Comments are 
available electronically on EPA Region 1's website at https://www.epa.gov/npdes-permits/region-1-final-aquaculture-general-permit. 
Written requests for copies should be submitted to U.S. EPA Region 1, 
Water Division, Attn: Nathan Chien, 5 Post Office Square, Suite 100, 
Mail Code 06-1, Boston, Massachusetts 02109-3912, or sent via email to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Nathan Chien, (617) 918-1649.

SUPPLEMENTARY INFORMATION: 
    Obtaining Authorization: To obtain coverage under the General 
Permit,

[[Page 24400]]

facilities meeting the eligibility requirements outlined in Part 4 of 
this General Permit must submit a notice of intent (NOI) in accordance 
with 40 CFR 122.28(b)(2)(i) and (ii) within 60 days of the effective 
date of this General Permit. The NOI must be submitted electronically 
through EPA's NPDES eReporting Tool (NeT) at http://cdx.epa.gov. EPA 
has determined that the 12 hatcheries identified in Attachment 1 of the 
Fact Sheet all meet the eligibility requirements for coverage under the 
General Permit and may be authorized to discharge under the General 
Permit by this type of notification.
    Endangered Species Act: Section 7 of the Endangered Species Act [16 
U.S.C. 1431 et al.] (ESA) requires Federal agencies to consult with the 
National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service (NOAA Fisheries) 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. 
With respect to species under the jurisdiction of NOAA Fisheries, EPA 
has analyzed the discharges authorized by the 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. NOAA 
Fisheries has concurred with this determination. With respect to 
species under the jurisdiction of USFWS, the applicant must assess 
site-specific species impacts and seek input from USFWS directly. The 
NOI must document that one of the USFWS eligibility criteria is met at 
the time of submission or the facility is not eligible for coverage. 
Because each NOI is screened for eligibility upon submission, 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.
    Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L. 
104-267) to the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with 
NOAA Fisheries if EPA's actions or proposed actions that it funds, 
permits or undertakes ``may adversely impact any essential fish 
habitat'' (EFH). 16 U.S.C. 1855(b). EPA finds that the general permit 
action minimizes adverse effects to aquatic organisms, including those 
with designated EFH in the receiving waters, including Atlantic salmon 
and the life stages of a number of coastal EFH designated species. EPA 
has made the determination that additional mitigation is not warranted 
under section 305(b)(2) of the Magnuson-Stevens Act and transmitted 
that determination to NOAA Fisheries. NOAA Fisheries did not propose 
additional mitigation measures for protection of EFH.
    National Historic Preservation Act (NHPA): Facilities which 
adversely affect properties listed or eligible for listing in the 
National Registry of Historic Places under the NHPA are not authorized 
to discharge under the General Permit. Based on the nature and location 
of the discharges, EPA has determined that the 12 hatcheries eligible 
for authorization under the General Permit do not have the potential to 
affect a property that is either listed or eligible for listing on the 
National Register of Historic Places.
    Coastal Zone Management Act (CZM): An approved Coastal Zone 
Management Program (CZMP) must make a determination that a federally 
licensed activity affecting the coastal zone is consistent with the 
Coastal Zone Management Act, 16 U.S.C. 1451 et seq. (CZMA). In the case 
of general permits, EPA has the responsibility for making the 
consistency certification request and submitting it to the state for 
concurrence. EPA requested consistency determinations from both the 
Massachusetts and the New Hampshire CZMPs and received determinations 
that the General Permit is consistent with the enforceable policies of 
both CZMPs.
    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 
permit.

    Authority: This action is being taken under the Clean Water Act, 
33 U.S.C. 1251 et seq.

    Dated: May 3, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-09597 Filed 5-5-21; 8:45 am]
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