80 FR 24916 - Proposed Issuance of NPDES General Permit for Tribal Marine Net Pen Enhancement Facilities in Washington State (Permit Number WAG132000)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range		24916-24917
FR Document		2015-10243

The Environmental Protection Agency (EPA) Region 10 proposes to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Tribal Marine Net Pen Enhancement Facilities in Washington State (General Permit). As proposed, the General Permit authorizes discharges to Waters of the U.S. within the State of Washington. The draft General Permit contains effluent limitations, along with administrative reporting and monitoring requirements, as well as standard conditions, 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 that the conditions of the general permit are stringent enough to comply with State water quality standards. The Washington Department of Ecology (Ecology) has provided a draft certification that the draft General Permit complies with the State of Washington Water Quality Standards. EPA intends to seek a final certification from Ecology prior to issuing the General Permit. This is also notice of the draft Sec. 401 certification provided by Ecology. Persons wishing to comment on the draft State certification should send written comments to Mr. Bill Moore; Water Quality Program, Washington Department of Ecology, P.O. Box 47696, Olympia, Washington 98504-7696 or via email to [email protected]

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24916-24917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10243]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9927-07-Region-10]


Proposed 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 proposed issuance of NPDES General Permit and request 
for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 proposes 
to issue a National Pollutant Discharge Elimination System (NPDES) 
General Permit for Tribal Marine Net Pen Enhancement Facilities in 
Washington State (General Permit). As proposed, the General Permit 
authorizes discharges to Waters of the U.S. within the State of 
Washington. The draft General Permit contains effluent limitations, 
along with administrative reporting and monitoring requirements, as 
well as standard conditions, 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 that the 
conditions of the general permit are stringent enough to comply with 
State water quality standards. The Washington Department of Ecology 
(Ecology) has provided a draft certification that the draft General 
Permit complies with the State of Washington Water Quality Standards. 
EPA intends to seek a final certification from Ecology prior to issuing 
the General Permit. This is also notice of the draft Sec.  401 
certification provided by Ecology. Persons wishing to comment on the 
draft State certification should send written comments to Mr. Bill 
Moore; Water Quality Program, Washington Department of Ecology, P.O. 
Box 47696, Olympia, Washington 98504-7696 or via email to 
[email protected].

DATES: The public comment period for the draft General Permit will be 
from the date of publication of this Notice until June 30, 2015. 
Comments must be received or postmarked by no later than midnight 
Pacific Standard Time on June 30, 2015. 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

[[Page 24917]]

following methods. All comments must include the name, address, and 
telephone number of the commenter.
    Mail: Send paper comments to Ms. 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]. Make 
sure to write ``Comments on the Draft Tribal Marine Net Pen Enhancement 
Facilities General Permit'' in the subject line.
    Fax: Fax comments to the attention of Catherine Gockel at (206) 
553-0325.
    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: 
www.epa.gov/r10earth/waterpermits.htm.
    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 June 30, 2015 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 in the ``Submitting Comments'' Section.

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 will have no effect to 
any threatened or endangered species in the vicinity of the discharge. 
Therefore, ESA consultation is 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 Draft 
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 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 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 Tribal Marine 
Net Pen Enhancement Facilities in Washington State in accordance 
with 40 CFR 124.10.

    Dated: April 23, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2015-10243 Filed 4-30-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices 24917

following methods. All comments must General Permit, and their potential to facilities in the Draft General Permit and
include the name, address, and adversely affect any of the threatened or finds them consistent with the
telephone number of the commenter. endangered species or their designated Paperwork Reduction Act of 1980, 44
Mail: Send paper comments to Ms. critical habitat areas in the vicinity of U.S.C. 3501 et seq.
Catherine Gockel, Office of Water and the discharges. Based on this analysis, Regulatory Flexibility Act [5 U.S.C.
Watersheds; USEPA Region 10; 1200 6th EPA has determined that the issuance of 601 et seq.] The Regulatory Flexibility
Ave., Suite 900, OWW–191; Seattle, this permit will have no effect to any Act (RFA) requires that EPA prepare an
Washington 98101. threatened or endangered species in the initial regulatory flexibility analysis for
Email: Send electronic comments to vicinity of the discharge. Therefore, ESA rules subject to the requirements of the
catherin.gockel@epa.gov. Make sure to consultation is not required. Administrative Procedures Act [APA, 5
write ‘‘Comments on the Draft Tribal National Environmental Policy Act U.S.C. 553] that have a significant
Marine Net Pen Enhancement Facilities (NEPA) [42 U.S.C. 4321 et seq.] and impact on a substantial number of small
General Permit’’ in the subject line. Other Federal Requirements. entities. However, EPA has concluded
Fax: Fax comments to the attention of Regulations at 40 CFR 122.49, list the that NPDES General Permits are not
Catherine Gockel at (206) 553–0325. federal laws that may apply to the rulemakings under the APA, and thus
Hand Delivery/Courier: Deliver issuance of permits i.e., ESA, National not subject to APA rulemaking
comments to Catherine Gockel, EPA Historic Preservation Act, the Coastal requirements or the RFA.
Region 10, Office of Water and Zone Act Reauthorization Amendments Unfunded Mandates Reform Act:
Watersheds, Mail Stop OWW–191, 1200 (CZARA), NEPA, and Executive Orders, Section 201 of the Unfunded Mandates
6th Avenue, Suite 900, Seattle, WA among others. The NEPA compliance Reform Act (UMRA), Public Law 104–4,
98101–3140. Call (206) 553–0523 before program requires analysis of generally requires Federal agencies to
delivery to verify business hours. information regarding potential impacts, assess the effects of their regulatory
Viewing and/or Obtaining Copies of development and analysis of options to actions (defined to be the same as rules
Documents. A copy of the draft General avoid or minimize impacts; and subject to the RFA) on tribal, state, and
Permit and the Fact Sheet, which development and analysis of measures local governments, and the private
explains the proposal in detail, may be to mitigate adverse impacts. EPA sector. However, General NPDES
obtained by contacting EPA at 1 (800) determined that no Environmental Permits are not rules subject to the
424–4372. Copies of the documents are Assessments (EAs) or Environmental requirements of the APA, and are,
also available for viewing and Impact Statements (EISs) are required therefore, not subject to the UMRA.
downloading at: www.epa.gov/r10earth/ under NEPA. EPA also determined that
waterpermits.htm. Authority: This action is taken under the
CZARA does not apply. authority of Section 402 of the Clean Water
Requests may also be made to Audrey Essential Fish Habitat (EFH). The Act as amended, 42 U.S.C. 1342. I hereby
Washington at (206) 553–0523 or Magnuson-Stevens Fishery Management provide public notice of the Draft General
washington.audrey@epa.gov. and Conservation Act requires EPA to Permit for Tribal Marine Net Pen
Public Hearing: Persons wishing to consult with NOAA–NMFS when a Enhancement Facilities in Washington State
request a public hearing should submit proposed discharge has the potential to in accordance with 40 CFR 124.10.
their written request by June 30, 2015 adversely affect a designated EFH. The Dated: April 23, 2015.
stating the nature of the issues to be EFH regulations define an adverse effect Daniel D. Opalski,
raised as well as the requester’s name, as ‘‘any impact which reduces quality
address, and telephone number to Director, Office of Water and Watersheds,
and/or quantity of EFH . . . [and] may Region 10.
Catherine Gockel at the address above. include direct (e.g. contamination or [FR Doc. 2015–10243 Filed 4–30–15; 8:45 am]
If a public hearing is scheduled, notice physical disruption), indirect (e.g. loss
will be published in the Federal BILLING CODE 6560–50–P
of prey, reduction in species’ fecundity),
Register. Notice will also be posted on site-specific or habitat-wide impacts,
the Region 10 Web site, and will be including individual, cumulative, or ENVIRONMENTAL PROTECTION
mailed to all interested persons synergistic consequences of actions.’’ AGENCY
receiving letters of the availability of the NMFS may recommend measures for
Draft General Permit. attachment to the federal action to [EPA–HQ–OAR–2011–0891; FRL–9927–06–
FOR FURTHER INFORMATION CONTACT: protect EFH; however, such OEI]
Additional information can be obtained recommendations are advisory, and not
Proposed Information Collection
by contacting Catherine Gockel, Office prescriptive in nature. EPA has
Request; Comment Request;
of Water and Watersheds, U.S. evaluated the Draft General Permit and
Recordkeeping and Periodic Reporting
Environmental Protection Agency, has made the determination that
of the Production, Import, Export,
Region 10. Contact information is issuance of the General Permit will have
Recycling, Destruction, Transhipment,
included above in the ‘‘Submitting no effect on EFH.
Executive Order 12866: The Office of and Feedstock Use of Ozone-Depleting
Comments’’ Section.
Management and Budget (OMB) Substances (Renewal)
Other Legal Requirements
exempts this action from the review AGENCY: Environmental Protection
Endangered Species Act [16 U.S.C. requirements of Executive Order 12866 Agency (EPA).
1531 et al.]. Section 7 of the Endangered pursuant to Section 6 of that order. ACTION: Notice.
Species Act (ESA) requires Federal Economic Impact [Executive Order
mstockstill on DSK4VPTVN1PROD with NOTICES

agencies to consult with NOAA 12291]: The EPA has reviewed the effect SUMMARY: The Environmental Protection
Fisheries (NMFS) and the U.S. Fish and of Executive Order 12291 on this Draft Agency is planning to submit an
Wildlife Service (USFWS) (the Services) General Permit and has determined that information collection request (ICR),
if their actions have the potential to it is not a major rule pursuant to that ‘‘Recordkeeping and Periodic Reporting
either beneficially or adversely affect Order. of the Production, Import, Export,
any threatened or endangered species. Paperwork Reduction Act [44 U.S.C. Recycling, Destruction, Transhipment,
EPA has analyzed the discharges 3501 et seq.] The EPA has reviewed the and Feedstock Use of Ozone-Depleting
proposed to be authorized by the draft requirements imposed on regulated Substances (Renewal)’’ (EPA ICR No.

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Document Modified: 2018-02-21 10:20:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of proposed issuance of NPDES General Permit and request for public comment.
Dates		The public comment period for the draft General Permit will be from the date of publication of this Notice until June 30, 2015. Comments must be received or postmarked by no later than midnight Pacific Standard Time on June 30, 2015. 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.
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 in the ``Submitting Comments'' Section.
FR Citation		80 FR 24916