80 FR 79333 - 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)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range		79333-79335
FR Document		2015-32026

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, 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.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)

[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79333-79335]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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,

[[Page 79334]]

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

[[Page 79335]]

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]
BILLING CODE 6560-50-P

79334 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices

prohibitions, and management at: http://yosemite.epa.gov/R10/WATER. under NEPA. EPA also determined that
practices. A fact sheet is available that NSF/NPDES+Permits/General+NPDES+ CZARA does not apply.
explains the draft General Permit in Permits#WA .Requests may also be Essential Fish Habitat (EFH). The
detail. made to Audrey Washington at (206) Magnuson-Stevens Fishery Management
Section 401 of the Clean Water Act, 553–0523 or washington.audrey@ and Conservation Act requires EPA to
33 U.S.C. 1341, requires EPA to seek a epa.gov. consult with NOAA–NMFS when a
certification from the State of Public Hearing: Persons wishing to proposed discharge has the potential to
Washington, and Indian Tribes with request a public hearing should submit adversely affect a designated EFH. The
Treatment as a State for Water Quality their written request by March 31, 2016 EFH regulations define an adverse effect
Standards, that the conditions of the stating the nature of the issues to be as ‘‘any impact which reduces quality
General Permit are stringent enough to raised as well as the requester’s name, and/or quantity of EFH . . . [and] may
comply with State water quality address, and telephone number to include direct (e.g. contamination or
standards. The Washington Department Catherine Gockel at the address above. physical disruption), indirect (e.g. loss
of Ecology (Ecology) and the Lummi, If a public hearing is scheduled, notice of prey, reduction in species’ fecundity),
Makah, Spokane, and Tulalip Tribes will be published in the Federal site-specific or habitat-wide impacts,
have provided draft certification that the Register. Notice will also be posted on including individual, cumulative, or
draft General Permit complies with the Region 10 Web site, and will be synergistic consequences of actions.’’
applicable Water Quality Standards. mailed to all interested persons NMFS may recommend measures for
EPA will seek final certification from receiving letters of the availability of the attachment to the federal action to
Ecology and tribes prior to issuing the draft General Permit. protect EFH; however, such
General Permit. This is also notice of the FOR FURTHER INFORMATION CONTACT: recommendations are advisory, and not
draft § 401 certification provided by Additional information can be obtained prescriptive in nature. EPA has
Ecology and tribes. Persons wishing to by contacting Catherine Gockel, Office evaluated the Draft General Permit and
comment on the draft § 401 of Water and Watersheds, U.S. has made the determination that
certifications should send written Environmental Protection Agency, issuance of the General Permit will is
comments to the contacts in the fact Region 10. Contact information is not likely to adversely affect EFH.
sheet. included above. Executive Order 12866: The Office of
DATES: The public comment period for Other Legal Requirements Management and Budget (OMB)
the draft General Permit will be from the exempts this action from the review
date of publication of this Notice until Endangered Species Act [16 U.S.C.
requirements of Executive Order 12866
March 31, 2016. Comments must be 1531 et al.]. Section 7 of the Endangered
pursuant to Section 6 of that order.
received or postmarked by no later than Species Act (ESA) requires Federal
agencies to consult with NOAA Economic Impact [Executive Order
midnight Pacific Standard Time on 12291]: The EPA has reviewed the effect
March 31, 2016. All comments related Fisheries (NMFS) and the U.S. Fish and
Wildlife Service (USFWS) (the Services) of Executive Order 12291 on this Draft
to the draft General Permit and Fact General Permit and has determined that
Sheet received by EPA Region 10 by the if their actions have the potential
to either beneficially or adversely it is not a major rule pursuant to that
comment deadline will be considered Order.
prior to issuing the General Permit. affect any threatened or endangered
species. EPA has analyzed the Paperwork Reduction Act [44 U.S.C.
Submitting Comments: You may 3501 et seq.] The EPA has reviewed the
submit comments by any of the discharges proposed to be authorized by
the draft General Permit, and their requirements imposed on regulated
following methods. All comments must facilities in the Draft General Permit and
include the name, address, and potential to adversely affect any of the
threatened or endangered species or finds them consistent with the
telephone number of the commenter. Paperwork Reduction Act of 1980, 44
Mail: Send paper comments to their designated critical habitat areas in
the vicinity of the discharges. Based on U.S.C. 3501 et seq.
Catherine Gockel, Office of Water and
Watersheds; USEPA Region 10; 1200 6th this analysis, EPA has determined that Regulatory Flexibility Act [5 U.S.C.
Ave., Suite 900, OWW–191; Seattle, the issuance of this permit is not likely 601 et seq.] The Regulatory Flexibility
Washington 98101. to adversely affect any threatened or Act (RFA) requires that EPA prepare an
Email: Send electronic comments to endangered species in the vicinity of the initial regulatory flexibility analysis for
gockel.catherine@epa.gov. Write discharge. rules subject to the requirements of the
‘‘Comments on the Draft Aquaculture National Environmental Policy Act Administrative Procedures Act [APA, 5
General Permit’’ in the subject line. (NEPA) [42 U.S.C. 4321 et.seq.] and U.S.C. 553] that have a significant
Fax: Fax comments to the attention of Other Federal Requirements. impact on a substantial number of small
Catherine Gockel at (206) 553–1280. Regulations at 40 CFR 122.49, list the entities. However, EPA has concluded
Hand Delivery/Courier: Deliver federal laws that may apply to the that NPDES General Permits are not
comments to Catherine Gockel, EPA issuance of permits i.e., ESA, National rulemakings under the APA, and thus
Region 10, Office of Water and Historic Preservation Act, the Coastal not subject to APA rulemaking
Watersheds, Mail Stop OWW–191, 1200 Zone Act Reauthorization Amendments requirements or the RFA.
6th Avenue, Suite 900, Seattle, WA (CZARA), NEPA, and Executive Orders,
Unfunded Mandates Reform Act
98101–3140. Call (206) 553–0523 before among others. The NEPA compliance
delivery to verify business hours. program requires analysis of Section 201 of the Unfunded
mstockstill on DSK4VPTVN1PROD with NOTICES

Viewing and/or Obtaining Copies of information regarding potential impacts, Mandates Reform Act (UMRA), Public
Documents. A copy of the draft General development and analysis of options to Law 104–4, generally requires Federal
Permit and the Fact Sheet, which avoid or minimize impacts; and agencies to assess the effects of their
explains the proposal in detail, may be development and analysis of measures regulatory actions (defined to be the
obtained by contacting EPA at 1 (800) to mitigate adverse impacts. EPA same as rules subject to the RFA) on
424–4372. determined that no Environmental tribal, state, and local governments, and
Copies of the documents are also Assessments (EAs) or Environmental the private sector. However, General
available for viewing and downloading Impact Statements (EISs) are required NPDES Permits are not rules subject to

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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79335

the requirements of the APA, and are, future that would meet both of the required under the RRP rule to perform
therefore, not subject to the UMRA. performance criteria. renovations for compensation in target
Authority: This action is taken under the DATES: Comments must be received on housing or child-occupied facilities.
authority of Section 402 of the Clean Water or before February 19, 2016. Examples of child-occupied facilities
Act as amended, 42 U.S.C. 1342. I hereby ADDRESSES: Submit your comments,
are day-care centers, preschools, and
provide public notice of the Draft General identified by docket identification (ID) kindergarten classrooms.
Permit for Federal Aquaculture Facilities and
Aquaculture Facilities Located in Indian
number EPA–HQ–OPPT–2015–0780, by B. What should I consider as I prepare
Country within the Boundaries of one of the following methods: my comments for EPA?
Washington State in accordance with 40 CFR • Federal eRulemaking Portal: http:// 1. Submitting CBI. Do not submit this
124.10. www.regulations.gov. Follow the online information to EPA through
Dated: December 14, 2015.
instructions for submitting comments. regulations.gov or email. Clearly mark
Do not submit electronically any the part or all of the information that
Daniel D. Opalski,
information you consider to be you claim to be CBI. For CBI
Director, Office of Water and Watersheds, Confidential Business Information (CBI)
Region 10. information in a disk or CD–ROM that
or other information whose disclosure is you mail to EPA, mark the outside of the
[FR Doc. 2015–32026 Filed 12–18–15; 8:45 am]
restricted by statute. disk or CD–ROM as CBI and then
BILLING CODE 6560–50–P • Mail: Document Control Office identify electronically within the disk or
(7407M), Office of Pollution Prevention CD–ROM the specific information that
and Toxics (OPPT), Environmental is claimed as CBI. In addition to one
ENVIRONMENTAL PROTECTION
Protection Agency, 1200 Pennsylvania complete version of the comment that
AGENCY
Ave. NW., Washington, DC 20460–0001. includes information claimed as CBI, a
• Hand Delivery: To make special copy of the comment that does not
[EPA–HQ–OPPT–2015–0780; FRL–9939–68]
arrangements for hand delivery or contain the information claimed as CBI
Lead; Renovation, Repair and Painting delivery of boxed information, please must be submitted for inclusion in the
Program; Lead Test Kit; Notice of follow the instructions at http://www. public docket. Information so marked
Opening of Comment Period epa.gov/dockets/contacts.html. will not be disclosed except in
Additional instructions on accordance with procedures set forth in
AGENCY: Environmental Protection commenting or visiting the docket, 40 CFR part 2.
Agency (EPA). along with more information about 2. Tips for preparing your comments.
ACTION: Notice. dockets generally, is available at http:// When preparing and submitting your
www.epa.gov/dockets. The docket for comments, see the commenting tips at
SUMMARY: EPA is opening a comment this action will remain open until http://www.epa.gov/dockets/
period to allow for further public February 19, 2016. comments.html.
comment on lead test kits and other FOR FURTHER INFORMATION CONTACT: For
field testing options as suggested in II. What action is the Agency taking?
technical information contact:
EPA’s Fiscal Year 2015 Appropriations The Agency’s lead information On April 22, 2008, EPA published the
Act policy rider. Among other things, Contact Us form at http://www2.epa. Lead Renovation, Repair, and Painting
the 2008 Lead Renovation, Repair, and gov/lead/forms/contact-us or visit rule. It requires contractors to use lead-
Painting rule (RRP) established www2.epa.gov/lead. You may also safe work practices during renovation,
performance recognition criteria for lead contact Toiya Goodlow, National repair, and painting activities that
test kits for use as an option to Program Chemicals Division (7404M), disturb lead-based paint in target
determine if regulated lead-based paint Office of Pollution Prevention and housing and child-occupied facilities
is not present in target housing and Toxics, Environmental Protection built before 1978 unless a determination
child-occupied facilities. The use of an Agency, 1200 Pennsylvania Ave. NW., can be made that no lead-based paint
EPA-recognized lead test kit, when used Washington, DC 20460; telephone would be disturbed during the
by a trained professional, can reliably number: (202) 566–2305; email address: renovation or repair (Ref. 1). The use of
determine that regulated lead-based goodlow.toiya@epa.gov. an EPA-recognized lead test kit, when
paint is not present by virtue of a For general information contact: The used by a trained professional, can
negative result. The RRP rule also National Lead Information Center, reliably determine that regulated lead-
established negative response and ABVI-Goodwill, 422 South Clinton based paint is not present by virtue of
positive response criteria for lead test Ave., Rochester, NY 14620; telephone a negative result. The federal standards
kits recognized by EPA. No lead test kit number: 1–800–424–LEAD (5323); for lead-based paint in target housing
has been developed that meets the online information request form: http:// and child-occupied facilities is a lead
positive response criterion. On June 4, www2.epa.gov/lead/forms/lead-hotline- content in paint that equals or exceeds
2015, EPA hosted a public meeting and national-lead-information-center. a level of 1.0 milligram per square
webinar to solicit input from centimeter (mg/cm2) or 0.5 percent by
SUPPLEMENTARY INFORMATION:
stakeholders in an effort to understand weight. If regulated lead-based paint is
the current state of the science for lead I. General Information not present, there is no requirement to
test kits and lead-based paint field employ lead-safe work practices under
testing alternatives, as well as the A. Does this action apply to me?
the RRP rule.
mstockstill on DSK4VPTVN1PROD with NOTICES

existing market and potential This document is directed to The RRP rule established negative
availability of additional lead test kits. stakeholders that develop, manufacture response and positive response criteria
To date, no company’s lead test kit has and/or sell lead test kits or other lead- outlined in 40 CFR 745.88(c) for lead
met both the negative response and based paint field testing instruments. test kits recognized by EPA. Lead test
positive response criteria outlined in the You may be potentially affected by this kits recognized before September 1,
RRP rule. Based on stakeholder input, action if you manufacture or sell lead 2010, must meet only the negative
EPA is unaware of any lead test kit test kits, or if you use lead test kits to response criterion outlined in 40 CFR
available now or in the foreseeable determine if lead-safe work practices are 745.88(c)(1). The negative response

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Document Created: 2015-12-19 02:56:54
Document Modified: 2015-12-19 02:56:54

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 reissuance 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 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.
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
FR Citation		80 FR 79333