80 FR 57371 - 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 184 (September 23, 2015)

Page Range		57371-57372
FR Document		2015-23477

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.

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)

[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57371-57372]
From the Federal Register Online  [www.thefederalregister.org]
[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

57372 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

must submit a Notice of Intent (NOI) to adversely affect a designated EFH. The U.S.C. 1369(b)(1). This appeal must be
discharge no more than 30 days EFH regulations define an adverse effect filed within 120 days of the General
following the effective date of this as ‘‘any impact which reduces quality Permit issuance date. Affected persons
general permit. New operators must and/or quantity of EFH . . . [and] may may not challenge the conditions of the
submit NOIs at least 180 days prior to include direct (e.g. contamination or General Permit in further EPA
initiation of operations. physical disruption), indirect (e.g. loss proceedings (see 40 CFR 124.19).
ADDRESSES: Copies of the General of prey, reduction in species’ fecundity), Instead, they may either challenge the
Permit and Response to Comments are site-specific or habitat-wide impacts, General Permit in court or apply for an
available through written requests including individual, cumulative, or individual NPDES permit.
submitted to EPA, Region 10, 1200 Sixth synergistic consequences of actions.’’ Authority: This action is taken under the
Avenue, Suite 900, OWW–191, Seattle, NMFS may recommend measures for authority of Section 402 of the Clean Water
WA 98101. Electronic requests may be attachment to the federal action to Act as amended, 42 U.S.C. 1342.
sent to: washington.audrey@epa.gov. protect EFH; however, such
Dated: September 9, 2015.
For requests by phone, call Audrey recommendations are advisory, and not
Daniel D. Opalski,
Washington at (206) 553–0523. prescriptive in nature. EPA has
evaluated the General Permit and has Director, Office of Water & Watersheds,
The General Permit, Fact Sheet, and Region 10.
Response to Comments may be found on made the determination that issuance of
the General Permit will have no effect [FR Doc. 2015–23477 Filed 9–22–15; 8:45 am]
the Region 10 Web site at
http://yosemite.epa.gov/r10/water.nsf/ on EFH. BILLING CODE 6560–50–P

npdes+permits/general+npdes+ Executive Order 12866: The Office of
permits/. Management and Budget (OMB)
FOR FURTHER INFORMATION CONTACT: exempts this action from the review FEDERAL COMMUNICATIONS
Catherine Gockel, Office of Water and requirements of Executive Order 12866 COMMISSION
Watersheds, U.S. Environmental pursuant to Section 6 of that order. [DA 15–1002]
Protection Agency, Region 10, Mail Stop Economic Impact [Executive Order
OWW–191, 1200 6th Avenue, Suite 900, 12291]: The EPA has reviewed the effect Disability Advisory Committee;
Seattle, WA 98101–3140, at (206) 553– of Executive Order 12291 on this Announcement of Next Meeting
0325 or gockel.catherine@epa.gov. General Permit and has determined that
it is not a major rule pursuant to that AGENCY: Federal Communications
SUPPLEMENTARY INFORMATION: Commission.
Order.
Endangered Species Act [16 U.S.C. 1531 Paperwork Reduction Act [44 U.S.C. ACTION: Notice.
et al.]: EPA has analyzed the discharges 3501 et seq.]: The EPA has reviewed the
proposed to be authorized by the requirements imposed on regulated SUMMARY: This document announces the
General Permit, and their potential to facilities in the General Permit and finds date of the next meeting of the
adversely affect threatened or them consistent with the Paperwork Commission’s Disability Advisory
endangered species or their designated Reduction Act of 1980, 44 U.S.C. 3501 Committee (Committee or DAC). The
critical habitat areas in the vicinity of et seq. meeting is open to the public. During
the discharges. Based on this analysis, Regulatory Flexibility Act [5 U.S.C. this meeting, members of the Committee
EPA has determined that the issuance of 601 et seq.]: The Regulatory Flexibility will receive and discuss summaries of
this permit will have no effect to any Act (RFA) requires that EPA prepare an activities and recommendations from its
threatened or endangered species in the initial regulatory flexibility analysis for subcommittees.
vicinity of the discharge. Therefore, ESA rules subject to the requirements of the DATES: The Committee’s next meeting
consultation was not required. Administrative Procedures Act [APA, 5 will take place on Thursday, October 8,
National Environmental Policy Act U.S.C. 553] that have a significant 2015, from 9:00 a.m. to 3:30 p.m. (EST).
(NEPA) [42 U.S.C. 4321 et.seq.] and impact on a substantial number of small ADDRESSES: Federal Communications
Other Federal Requirements: entities. However, EPA has concluded
Regulations at 40 CFR 122.49 list the Commission, 445 12th Street SW.,
that NPDES General Permits are not Washington, DC 20554, in the
federal laws that may apply to the rulemakings under the APA, and thus
issuance of permits i.e., ESA, National Commission Meeting Room.
not subject to APA rulemaking FOR FURTHER INFORMATION CONTACT:
Historic Preservation Act, the Coastal requirements or the RFA.
Zone Act Reauthorization Amendments Elaine Gardner, Consumer and
(CZARA), NEPA, and Executive Orders, Unfunded Mandates Reform Act Governmental Affairs Bureau: 202–418–
among others. The NEPA compliance Section 201 of the Unfunded 0581 (voice); email: DAC@fcc.gov; or
program requires analysis of Mandates Reform Act (UMRA), Public Suzy Rosen Singleton, Alternate DAC
information regarding potential impacts, Law 104–4, generally requires Federal Designated Federal Officer, Consumer
development and analysis of options to agencies to assess the effects of their and Governmental Affairs Bureau: 202–
avoid or minimize impacts, and regulatory actions (defined to be the 510–9446 (VP/voice), at the same email
development and analysis of measures same as rules subject to the RFA) on address: DAC@fcc.gov.
to mitigate adverse impacts. EPA tribal, state, and local governments, and SUPPLEMENTARY INFORMATION: The
determined that no Environmental the private sector. However, General Committee was established in December
Assessments (EAs) or Environmental NPDES Permits are not rules subject to 2014 to make recommendations to the
mstockstill on DSK4VPTVN1PROD with NOTICES

Impact Statements (EISs) are required the requirements of the APA, and are, Commission on a wide array of
under NEPA. EPA also determined that therefore, not subject to the UMRA. disability matters within the jurisdiction
CZARA does not apply. of the Commission, and to facilitate the
Essential Fish Habitat (EFH): The Appeal of Permit participation of people with disabilities
Magnuson-Stevens Fishery Management Any interested person may appeal the in proceedings before the Commission.
and Conservation Act requires EPA to General Permit in the Federal Court of The Committee is organized under, and
consult with NOAA–NMFS when a Appeals in accordance with section operated in accordance with, the
proposed discharge has the potential to 509(b)(1) of the Clean Water Act, 33 provisions of the Federal Advisory

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Document Created: 2015-12-15 09:45:04
Document Modified: 2015-12-15 09:45:04

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 availability of final NPDES General Permit.
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 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.
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]
FR Citation		80 FR 57371