81 FR 40301 - 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 81, Issue 119 (June 21, 2016)

Page Range		40301-40302
FR Document		2016-14671

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 Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country within the Boundaries of Washington State (General Permit). The General Permit contains effluent limitations, along with administrative reporting and monitoring requirements, as well as standard conditions, prohibitions, and management practices. The Washington Department of Ecology and applicable tribes have provided Section 401 certification for this permit.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)

[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40301-40302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14671]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9947-89-Region 10]


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 availability.

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

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 Federal 
Aquaculture Facilities and Aquaculture Facilities Located in Indian 
Country within the Boundaries of Washington State (General Permit). The 
General Permit contains effluent limitations, along with administrative 
reporting and monitoring requirements, as well as standard conditions, 
prohibitions, and management practices. The Washington Department of 
Ecology and applicable tribes have provided Section 401 certification 
for this permit.

DATES: The issuance date of this General Permit is the date of 
publication of this notice. The General Permit will become effective 
August 1, 2016.

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, Biological Evaluation, 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/.

FOR FURTHER INFORMATION CONTACT: Audrey Washington, (206) 553-0523.

SUPPLEMENTARY INFORMATION: 

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) if 
their actions have the potential to either beneficially or adversely 
affect any threatened or endangered species. 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. NMFS and USFWS have concurred 
with this determination.
    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 (EIS's) are 
required under NEPA. EPA determined that continued coverage of the 
Chief Joseph Fish Hatchery under the reissued General Permit meets the 
criteria to be categorically excluded from further NEPA review. 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

[[Page 40302]]

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 is not 
likely to adversely affect EFH. NMFS has concurred with this 
determination.
    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: June 9, 2016.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2016-14671 Filed 6-20-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices 40301

of the following new facilities: (1) A competing development application For requests by phone, call Audrey
900-foot-long excavated intake channel must be filed in response to and in Washington at (206) 553–0523. The
(headrace); (2) two 60-foot-long by 32- compliance with public notice of the General Permit, Fact Sheet, Biological
foot-wide trash racks with 2.5-inch bar initial development application. No Evaluation, and Response to Comments
spacing; (3) a 201-foot-long by 80-foot- competing applications or notices of may be found on the Region 10 Web site
wide powerhouse containing two 24- intent may be filed in response to this at http://yosemite.epa.gov/r10/
megawatt (MW) Kaplan turbines, having notice. water.nsf/npdes+permits/
a total installed capacity of 48 MW; (4) o. A license applicant must file no general+npdes+permits/.
a substation; (5) a forebay oxygen later than 60 days following the date of FOR FURTHER INFORMATION CONTACT:
diffuser line system to enhance issuance of this notice: (1) A copy of the Audrey Washington, (206) 553–0523.
dissolved oxygen; (6) a 2,000-foot-long water quality certification; (2) a copy of SUPPLEMENTARY INFORMATION:
excavated tailrace channel; (7) a 1,700- the request for certification, including
foot-long retaining wall along the north proof of the date on which the certifying Other Legal Requirements
side of tailrace channel; (8) a 4.4-mile- agency received the request; or (3) Endangered Species Act [16 U.S.C.
long, 115-kilovolt transmission line; and evidence of waiver of water quality 1531 et al.]. Section 7 of the Endangered
(9) appurtenant facilities. The average certification. Species Act (ESA) requires Federal
annual generation would be about agencies to consult with NOAA
Dated: June 15, 2016.
213,000 megawatt-hours. Fisheries (NMFS) and the U.S. Fish and
m. A copy of the application is Kimberly D. Bose,
Secretary. Wildlife Service (USFWS) if their
available for review at the Commission
actions have the potential to either
in the Public Reference Room or may be [FR Doc. 2016–14599 Filed 6–20–16; 8:45 am]
beneficially or adversely affect any
viewed on the Commission’s Web site at BILLING CODE 6717–01–P
threatened or endangered species. EPA
http://www.ferc.gov using the
has analyzed the discharges authorized
‘‘eLibrary’’ link. Enter the docket
by the General Permit, and their
number excluding the last three digits in ENVIRONMENTAL PROTECTION
the docket number field to access the potential to adversely affect any of the
AGENCY threatened or endangered species or
document. For assistance, contact FERC
Online Support. A copy is also available [FRL–9947–89–Region 10] their designated critical habitat areas in
for inspection and reproduction at the the vicinity of the discharges. Based on
address in item h above. Reissuance of NPDES General Permit this analysis, EPA has determined that
All filings must (1) bear in all capital for Discharges From Federal the issuance of this permit is not likely
letters the title ‘‘COMMENTS’’, ‘‘REPLY Aquaculture Facilities and Aquaculture to adversely affect any threatened or
COMMENTS’’, Facilities Located in Indian Country endangered species in the vicinity of the
‘‘RECOMMENDATIONS,’’ ‘‘TERMS Within the Boundaries of Washington discharge. NMFS and USFWS have
AND CONDITIONS,’’ or State (Permit Number WAG130000) concurred with this determination.
‘‘PRESCRIPTIONS;’’ (2) set forth in the National Environmental Policy Act
AGENCY: Environmental Protection (NEPA) [42 U.S.C. 4321 et seq.] and
heading the name of the applicant and Agency (EPA).
the project number of the application to Other Federal Requirements.
ACTION: Notice of availability. Regulations at 40 CFR 122.49 list the
which the filing responds; (3) furnish
the name, address, and telephone federal laws that may apply to the
SUMMARY: The Director, Office of Water issuance of permits, i.e., ESA, National
number of the person submitting the and Watersheds, EPA Region 10, is
filing; and (4) otherwise comply with Historic Preservation Act, the Coastal
publishing notice of availability of the Zone Act Reauthorization Amendments
the requirements of 18 CFR 385.2001 final National Pollutant Discharge
through 385.2005. All comments, (CZARA), NEPA, and Executive Orders,
Elimination System (NPDES) General among others. The NEPA compliance
recommendations, terms and conditions Permit for Federal Aquaculture
or prescriptions must set forth their program requires analysis of
Facilities and Aquaculture Facilities information regarding potential impacts,
evidentiary basis and otherwise comply Located in Indian Country within the
with the requirements of 18 CFR 4.34(b). development and analysis of options to
Boundaries of Washington State avoid or minimize impacts, and
Agencies may obtain copies of the (General Permit). The General Permit
application directly from the applicant. development and analysis of measures
contains effluent limitations, along with to mitigate adverse impacts. EPA
Each filing must be accompanied by administrative reporting and monitoring
proof of service on all persons listed on determined that no Environmental
requirements, as well as standard Assessments (EAs) or Environmental
the service list prepared by the conditions, prohibitions, and
Commission in this proceeding, in Impact Statements (EIS’s) are required
management practices. The Washington under NEPA. EPA determined that
accordance with 18 CFR 4.34(b), and Department of Ecology and applicable
385.2010. continued coverage of the Chief Joseph
tribes have provided Section 401 Fish Hatchery under the reissued
You may also register online at http://
certification for this permit. General Permit meets the criteria to be
www.ferc.gov/docs-filing/
esubscription.asp to be notified via DATES: The issuance date of this General categorically excluded from further
email of new filings and issuances Permit is the date of publication of this NEPA review. EPA also determined that
related to this or other pending projects. notice. The General Permit will become CZARA does not apply.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

For assistance, contact FERC Online effective August 1, 2016. Essential Fish Habitat (EFH). The
Support. ADDRESSES: Copies of the General Magnuson-Stevens Fishery Management
n. Public notice of the filing of the Permit and Response to Comments are and Conservation Act requires EPA to
initial development application, which available through written requests consult with NOAA–NMFS when a
has already been given, established the submitted to EPA, Region 10, 1200 Sixth proposed discharge has the potential to
due date for filing competing Avenue, Suite 900, OWW–191, Seattle, adversely affect a designated EFH. The
applications or notices of intent. Under WA 98101. Electronic requests may be EFH regulations define an adverse effect
the Commission’s regulations, any sent to: washington.audrey@epa.gov. as ‘‘any impact which reduces quality

VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1

40302 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

and/or quantity of EFH . . . [and] may Permit in further EPA proceedings (see Products and Publications Web page at
include direct (e.g. contamination or 40 CFR 124.19). Instead, they may either https://www.epa.gov/risk/global-
physical disruption), indirect (e.g. loss challenge the General Permit in court or change-research-program-products-and-
of prey, reduction in species’ fecundity), apply for an individual NPDES permit. publications.
site-specific or habitat-wide impacts, Authority: This action is taken under the DATES: The 30-day public comment
including individual, cumulative, or authority of Section 402 of the Clean Water period begins June 21, 2016, and ends
synergistic consequences of actions.’’ Act as amended, 42 U.S.C. 1342. July 21, 2016. Technical comments
NMFS may recommend measures for should be in writing and must be
Dated: June 9, 2016.
attachment to the federal action to received by EPA by July 21, 2016. The
Daniel D. Opalski,
protect EFH; however, such document will be available on or around
recommendations are advisory, and not Director, Office of Water and Watersheds,
Region 10. June 22, 2016.
prescriptive in nature. EPA has
[FR Doc. 2016–14671 Filed 6–20–16; 8:45 am] ADDRESSES: The external peer review
evaluated the General Permit and has
draft, ‘‘Evaluating Urban Resilience to
made the determination that issuance of BILLING CODE 6560–50–P
Climate Change: A Multi-Sector
the General Permit is not likely to
Approach,’’ is available primarily via
adversely affect EFH. NMFS has
ENVIRONMENTAL PROTECTION the internet on the EPA’s Global Change
concurred with this determination.
Executive Order 12866: The Office of AGENCY Research Program Products and
Management and Budget (OMB) Publications Web page at https://
[Docket ID No. EPA–HQ–ORD–2013–0357; www.epa.gov/risk/global-change-
exempts this action from the review FRL 9947–98–ORD]
requirements of Executive Order 12866 research-program-products-and-
pursuant to Section 6 of that order. Evaluating Urban Resilience to Climate publications. A limited number of paper
Economic Impact [Executive Order Change: A Multi-Sector Approach copies are available from the
12291]: The EPA has reviewed the effect Information Management Team, NCEA;
of Executive Order 12291 on this AGENCY: Environmental Protection telephone: 703–347–8561; facsimile:
General Permit and has determined that Agency (EPA). 703–347–8691. If you are requesting a
it is not a major rule pursuant to that ACTION: Notice of public comment paper copy, please provide your name,
Order. period. mailing address, and the document title.
Paperwork Reduction Act [44 U.S.C. Comments may be submitted
3501 et seq.] The EPA has reviewed the SUMMARY: EPA is announcing a 30-day electronically via www.regulations.gov,
requirements imposed on regulated public comment period for the draft by mail, by facsimile, or by hand
facilities in the General Permit and finds document titled ‘‘Evaluating Urban delivery/courier. Please follow the
them consistent with the Paperwork Resilience to Climate Change: A Multi- detailed instructions provided in the
Reduction Act of 1980, 44 U.S.C. 3501 Sector Approach’’ (EPA/600/R–15/312). SUPPLEMENTARY INFORMATION section of
et seq. EPA is also announcing that Versar, this notice.
Regulatory Flexibility Act [5 U.S.C. Inc., an EPA contractor for external FOR FURTHER INFORMATION CONTACT: For
601 et seq.] The Regulatory Flexibility scientific peer review, will select four information on the public comment
Act (RFA) requires that EPA prepare an independent experts from a pool of period, contact the ORD Docket at the
initial regulatory flexibility analysis for eight to conduct a letter peer review of EPA Headquarters Docket Center;
rules subject to the requirements of the the same draft document. The document telephone: 202–566–1752; facsimile:
Administrative Procedures Act [APA, 5 was prepared by the National Center for 202–566–9744; or email: Docket_ORD@
U.S.C. 553] that have a significant Environmental Assessment (NCEA) epa.gov.
impact on a substantial number of small within EPA’s Office of Research and For technical information, contact
entities. However, EPA has concluded Development (ORD). This document Susan Julius, NCEA; telephone: 703–
that NPDES General Permits are not describes an assessment tool that uses 347–8619; facsimile: 703–347–8694; or
rulemakings under the APA, and thus quantitative and qualitative indicators email: julius.susan@epa.gov.
not subject to APA rulemaking to help cities identify areas of resilience SUPPLEMENTARY INFORMATION:
requirements or the RFA. and vulnerability to climate change
Unfunded Mandates Reform Act: impacts and introduces example case I. Information About the Document
Section 201 of the Unfunded Mandates studies from Washington, DC and Climate change impacts are diverse,
Reform Act (UMRA), Public Law 104–4, Worcester, Massachusetts. long-term, and not easily predictable.
generally requires Federal agencies to EPA intends to forward the public Adapting to climate change requires
assess the effects of their regulatory comments that are submitted in making context specific and forward-
actions (defined to be the same as rules accordance with this document to the looking decisions regarding a variety of
subject to the RFA) on tribal, state, and external peer reviewers for their climate change impacts and
local governments, and the private consideration during the letter peer vulnerabilities when the future is highly
sector. However, General NPDES review. When finalizing the draft uncertain. EPA scientists and their
Permits are not rules subject to the document, EPA intends to consider any collaborators created an assessment tool
requirements of the APA, and are, public comments received in response to help cities identify climate change
therefore, not subject to the UMRA. to this notice. EPA is releasing this draft risks in eight different municipal
Appeal of Permit: Any interested document for the purposes of public sectors. The report identifies and tests
asabaliauskas on DSK3SPTVN1PROD with NOTICES

person may appeal the General Permit comment and peer review. This draft indicators of traits that may enhance or
in the Federal Court of Appeals in document is not final as described in inhibit communities’ resilience to
accordance with section 509(b)(1) of the EPA’s information quality guidelines climate change, allowing decision-
Clean Water Act, 33 U.S.C. 1369(b)(1). and it does not represent and should not makers to focus planning efforts on
This appeal must be filed within 120 be construed to represent Agency policy those areas that are least resilient to
days of the General Permit issuance or views. The draft document is anticipated impacts. The results yielded
date. Affected persons may not available via the internet on EPA’s an approach that provides a way for
challenge the conditions of the General Global Change Research Program cities to explore threats to and measures

VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1

Document Created: 2016-06-21 01:30:40
Document Modified: 2016-06-21 01:30:40

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.
Dates		The issuance date of this General Permit is the date of publication of this notice. The General Permit will become effective August 1, 2016.
Contact		Audrey Washington, (206) 553-0523.
FR Citation		81 FR 40301