82 FR 27817 - Re-Proposal of an NPDES General Permit for Offshore Seafood Processors in Federal Waters Off the Washington and Oregon Coast (Permit Number WAG520000)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 116 (June 19, 2017)
Federal Register Volume 82, Issue 116 (June 19, 2017)
| Page Range | 27817-27819 | |
| FR Document | 2017-12734 |
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)] [Notices] [Pages 27817-27819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12734] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9963-45--Region 10] Re-Proposal of an NPDES General Permit for Offshore Seafood Processors in Federal Waters Off the Washington and Oregon Coast (Permit Number WAG520000) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of re-proposal of General Permit. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) Region 10 re- proposes a National Pollutant Discharge Elimination System (NPDES) General Permit for Offshore Seafood Processors in Federal Waters off the Washington and Oregon Coast (Permit Number WAG520000). On August 24, 2015, EPA released a draft NPDES General Permit for public review. The public comment period closed on October 8, 2015. Based on the comments received, EPA has made revisions to the draft General Permit. EPA is re-proposing a revised draft General Permit, revised Fact Sheet and a revised Biological Evaluation. EPA is only accepting comments on permit conditions that are different from those proposed in the draft General Permit that was issued for review and comment on August 24, 2015. Specifically, EPA seeks public comment on the following proposed changes: A seasonal prohibition on wastewater discharges in waters shallower than 100 meters in depth and a year-round discharge prohibition over the Heceta/Stonewall Banks complex; clarification on the jurisdiction of the General Permit; the addition of a Best Management Practice (BMP) that vessels be moving while discharging in order to aid dispersion of the discharge; clarification of terminology used in the General Permit; clarification of the sea surface monitoring requirements; provisions to mitigate impact to seabirds; updates to the standard NPDES language and conditions; revisions to the Notice of Intent (NOI) for permit coverage; revisions to the Annual Report; and other factors that the EPA considered prior to re-proposing this draft General Permit based on comments received (i.e., effluent monitoring, harmful algal blooms and scientific study sites). DATES: The public comment period for the re-proposed General Permit for Offshore Seafood Processors in Federal Waters off the Washington and Oregon Coast will be 45 days from the date of publication of this Notice. Comments [[Page 27818]] must be received or postmarked by no later than midnight Pacific Standard Time, August 3, 2017. EPA will only consider comments on the re-proposed permit provisions. Comments submitted previously on the initial draft General Permit need not be resubmitted; comments addressing permit provisions or issues beyond the scope of this re- proposal will not be considered. ADDRESSES: EPA will consider comments on the re-proposed permit provisions before making its final decision. You may submit comments by any of the following methods: Mail: Send paper comments to Catherine Gockel, Office of Water and Watersheds, Mail Stop OWW-191, 1200 6th Avenue, Suite 900, Seattle, WA 98101-3140. Email: Send electronic comments to [email protected]. Hand Delivery/Courier: Deliver comments to Catherine Gockel, 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: https://yosemite.epa.gov/r10/water.nsf/NPDES+Permits/DraftPermitsORWA. 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, (206) 553- 0325, [email protected]. SUPPLEMENTARY INFORMATION: Public Hearing. Persons wishing to request a public hearing may do so, in writing, by the expiration date of this public comment period. A public hearing is a formal meeting whereby EPA officials hear the public's views and concerns about an EPA action or proposal. A request for a public hearing must state the nature of the issues to be raised, reference the NPDES permit name and permit number, and include the requester's name, address, and telephone number. Document Viewing Locations. The re-proposed General Permit and Fact Sheet may also be viewed at the following location: EPA Region 10 Library, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 98101; (206) 553-1289. EPA's current administrative record for the draft General Permit is available for review at the EPA Region 10 Office, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 98101, between 9:00 a.m. and 4:00 p.m., Monday through Friday. Contact Catherine Gockel at [email protected] or (206) 553-0325. State Water Quality Standards and Certification. The General Permit's area of coverage is only in federal waters, thus EPA is not seeking 401 certification from any State or Tribe. However, seafood waste discharged under this General Permit could potentially affect waters of Washington and Oregon. EPA has sent the draft General Permit to the States of Oregon and Washington as required under Section 401(a)(2) and received feedback from each State. Coastal Zone Management Act--Federal Consistency Determination. Section 307 of the Coastal Zone Management Act of 1972 (CZMA) requires that federal actions, within and outside the coastal zone, which have reasonably foreseeable effects on any coastal use (land or water) or natural resource of the coastal zone be consistent with the enforceable policies of a state's federally approved coastal management program. Federal agency activities must be consistent to the maximum extent practicable with the enforceable policies of a state coastal management program, and license and permit and financial assistance activities must be fully consistent. EPA has submitted CZMA federal consistency determinations to Washington and Oregon. The consistency determinations conclude that the General Permit is consistent with the enforceable policies of each State. Both States will now review the consistency determinations and General Permit, and will provide their own opportunities for public notice. Endangered Species Act. Section 7 of the Endangered Species Act, 16 U.S.C. 1531-1544, requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) if their actions have the potential to affect any threatened or endangered species. EPA 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 in a Biological Evaluation dated August 2015. On December 18, 2015, NMFS concurred with EPA that the proposed action is not likely to adversely affect the ESA-listed fish, marine mammals, and turtles under NMFS jurisdiction. On September 29, 2015, EPA received a response from USFWS indicating that the draft General Permit has the potential to affect ESA-listed or migratory birds. EPA has updated its Biological Evaluation to reflect changes to the re-proposed General Permit. EPA has reviewed the re-proposed draft permit and determined that the proposed changes would not alter the original conclusions that the discharges may affect, but are not likely to adversely affect listed, proposed, and candidate species or their designated critical habitat areas. The Fact Sheet, the re-proposed draft General Permit, and the revised Biological Evaluation will be sent to NMFS and USFWS for review during the public comment period. Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation and Management Act requires EPA to consult with NMFS when a proposed permit action has the potential to adversely affect Essential Fish Habitat (EFH). The EPA submitted a Biological Evaluation dated August 2015 to NMFS, which included an EFH assessment. The EFH assessment concluded that the discharges authorized by the draft General Permit will not adversely affect EFH. On December 18, 2015, the NMFS communicated to the EPA that the proposed action could adversely affect EFH because of impacts to water quality and to benthic conditions. The NMFS provided conservation recommendations to avoid, mitigate, or offset the impact of the proposed action on EFH. The EPA has considered these recommendations and responded via letter. Executive Order 12866. The Office of Management and Budget exempts this action from the review requirements of Executive Order 12866 pursuant to Section 6 of that order. Paperwork Reduction Act. 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. National Marine Sanctuaries Act. Section 304(d) of the NMSA (16 U.S.C Sec. 1434(d)) requires federal agencies to consult with the Secretary of Commerce, through NOAA, regarding any federal action or proposed action, including activities authorized by federal license, lease, or permit, that is likely to destroy, cause the loss of, or injure any sanctuary resource. In a letter dated May 25, 2016, the Sanctuary provided the EPA with recommended alternatives to protect Sanctuary resources and minimize or mitigate injury to Sanctuary resources associated with the proposed General Permit. The EPA has considered the [[Page 27819]] Sanctuary's recommendations and has responded via letter. Regulatory Flexibility Act. Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a federal agency must prepare an initial regulatory flexibility analysis ``for any proposed rule'' for which the agency ``is required by section 553 of the Administrative Procedure Act (APA), or any other law, to publish general notice of proposed rulemaking.'' The RFA exempts from this requirement any rule that the issuing agency certifies ``will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' EPA has concluded that NPDES General Permits are permits, not rulemakings, under the APA and thus not subject to APA rulemaking requirements or the RFA. 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 revised draft General Permit for Offshore Seafood Processors in Federal Waters off the Washington and Oregon Coast in accordance with 40 CFR 124.10. Dated: May 25, 2017. Christine Psyk, Acting Director, Office of Water and Watersheds, Region 10. [FR Doc. 2017-12734 Filed 6-16-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices 27817
The EPA hereby announces the Pty. Ltd., 1492 Ferntree Gully Rd., ENVIRONMENTAL PROTECTION
designation of one new reference Knoxfield, Victoria, 3180, Australia. AGENCY
method for measuring concentrations of Representative test analyzers have
CO in ambient air and one new [FRL–9963–45—Region 10]
been tested in accordance with the
equivalent method for measuring applicable test procedures specified in Re-Proposal of an NPDES General
concentrations of NO2 in ambient air. 40 CFR part 53, as amended on October Permit for Offshore Seafood
These designations are made under the 26, 2015. After reviewing the results of Processors in Federal Waters Off the
provisions of 40 CFR part 53, as those tests and other information Washington and Oregon Coast (Permit
amended on October 26, 2015 (80 FR submitted by the applicant, EPA has
65291–65468). Number WAG520000)
determined, in accordance with part 53,
The new reference method for CO is that these methods should be designated AGENCY: Environmental Protection
an automated method (analyzer) as a reference or equivalent method. Agency (EPA).
utilizing a measurement principle based As a designated reference or ACTION: Notice of re-proposal of General
on non-dispersive infrared (NDIR) equivalent method, these methods are Permit.
analysis and is identified as follows: acceptable for use by states and other air
RFCA–0317–244, ‘‘Kentek Mezus SUMMARY: The Environmental Protection
monitoring agencies under the
Model 310 Carbon Monoxide Analyzer’’ Agency (EPA) Region 10 re-proposes a
requirements of 40 CFR part 58,
non-dispersive infrared (NDIR) analyzer National Pollutant Discharge
operated in the measurement range of Ambient Air Quality Surveillance. For
such purposes, each method must be Elimination System (NPDES) General
0–50 ppm, with 0.5 mm, 47 mm Permit for Offshore Seafood Processors
diameter Teflon® filter installed, used in strict accordance with the
operation or instruction manual in Federal Waters off the Washington
operated at any ambient temperatures and Oregon Coast (Permit Number
between 20 °C and 30 °C, at nominal associated with the method and subject
to any specifications and limitations WAG520000). On August 24, 2015, EPA
input line voltages of 110 VAC or 220 released a draft NPDES General Permit
VAC and frequencies of 50 to 60 Hz, (e.g., configuration or operational
settings) specified in the designated for public review. The public comment
with temperature and pressure period closed on October 8, 2015. Based
compensation, at a nominal sampling method description (see the
identification of the method above). on the comments received, EPA has
flow rate of 800 cc/min, and operated made revisions to the draft General
according to the Kentek Mezus 310 CO Use of the method also should be in
general accordance with the guidance Permit. EPA is re-proposing a revised
User’s Instruction Manual. draft General Permit, revised Fact Sheet
This application for a reference and recommendations of applicable
sections of the ‘‘Quality Assurance and a revised Biological Evaluation.
method determination for this CO
Handbook for Air Pollution EPA is only accepting comments on
method was received by the Office of
Measurement Systems, Volume I,’’ EPA/ permit conditions that are different from
Research and Development on May 25,
600/R–94/038a and ‘‘Quality Assurance those proposed in the draft General
2016. This analyzer is commercially
available from the applicant, Kentek Handbook for Air Pollution Permit that was issued for review and
Environmental Technology, Hanshin S Measurement Systems, Volume II, comment on August 24, 2015.
Meca Room #526, 65 Techbi 3-ro, Ambient Air Quality Monitoring Specifically, EPA seeks public
Yuseong-gu, Daejeon, Republic of Korea, Program,’’ EPA–454/B–13–003, (both comment on the following proposed
34016. available at http://www.epa.gov/ttn/ changes: A seasonal prohibition on
The new equivalent method for NO2 amtic/qalist.html). Provisions wastewater discharges in waters
is an automated method (analyzer) concerning modification of such shallower than 100 meters in depth and
utilizing a measurement principle based methods by users are specified under a year-round discharge prohibition over
on cavity attenuated phase shift (CAPS) Section 2.8 (Modifications of Methods the Heceta/Stonewall Banks complex;
spectroscopy and is identified as by Users) of Appendix C to 40 CFR part clarification on the jurisdiction of the
follows: 58. General Permit; the addition of a Best
EQNA–0217–242, ‘‘Ecotech Serinus Management Practice (BMP) that vessels
Consistent or repeated noncompliance
60 NO2 CAPS (Cavity Attenuated Phase be moving while discharging in order to
with any of these conditions should be
Shift) Analyzer’’ operated at aid dispersion of the discharge;
reported to: Director, Exposure Methods
temperatures between 20 °C and 45 °C, clarification of terminology used in the
and Measurement Division (MD–E205–
a line voltage between 80V and 260V, General Permit; clarification of the sea
01), National Exposure Research
and with or without any of the surface monitoring requirements;
Laboratory, U.S. Environmental
following options: Rack mounts, provisions to mitigate impact to
Protection Agency, Research Triangle
internal pump, internal permeation seabirds; updates to the standard
Park, North Carolina 27711.
device, high pressure calibration ports, NPDES language and conditions;
Designation of these reference and revisions to the Notice of Intent (NOI)
Ethernet output. The following menu equivalent methods is intended to assist
choices must be selected: Control for permit coverage; revisions to the
the States in establishing and operating Annual Report; and other factors that
Loop—Enabled; Diagnostic Mode— their air quality surveillance systems
Operate; Pres/Temp/Flow the EPA considered prior to re-
under 40 CFR part 58. Questions proposing this draft General Permit
Compensation—Enabled; Span concerning the commercial availability based on comments received (i.e.,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Compensation—Disabled, and operated or technical aspects of the method
according to the Serinus 60 User effluent monitoring, harmful algal
should be directed to the applicant. blooms and scientific study sites).
Manual.
This application for an equivalent Dated: May 17, 2017. DATES: The public comment period for
method determination for this NO2 Jennifer Orme-Zavaleta, the re-proposed General Permit for
method was received by the Office of Director, National Exposure Research Offshore Seafood Processors in Federal
Research and Development on January Laboratory. Waters off the Washington and Oregon
11, 2017. This analyzer is commercially [FR Doc. 2017–12738 Filed 6–16–17; 8:45 am] Coast will be 45 days from the date of
available from the applicant, Ecotech BILLING CODE 6560–50–P publication of this Notice. Comments
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![Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices 27819
Sanctuary’s recommendations and has program acknowledges these benefits by I. Background
responded via letter. giving automobile manufacturers several
Regulatory Flexibility Act. Under the options for generating ‘‘off-cycle’’ EPA’s light-duty vehicle greenhouse
Regulatory Flexibility Act (RFA), 5 carbon dioxide (CO2) credits. Under the gas (GHG) program provides three
U.S.C. 601 et seq., a federal agency must regulations, a manufacturer may apply pathways by which a manufacturer may
prepare an initial regulatory flexibility for CO2 credits for off-cycle technologies accrue off-cycle carbon dioxide (CO2)
analysis ‘‘for any proposed rule’’ for that result in off-cycle benefits. In these credits for those technologies that
which the agency ‘‘is required by cases, a manufacturer must provide EPA achieve CO2 reductions in the real
section 553 of the Administrative with a proposed methodology for world but where those reductions are
Procedure Act (APA), or any other law, determining the real-world off-cycle not adequately captured on the test used
to publish general notice of proposed benefit. These three manufacturers have to determine compliance with the CO2
rulemaking.’’ The RFA exempts from submitted applications that describe standards, and which are not otherwise
this requirement any rule that the methodologies for determining off-cycle reflected in the standards’ stringency.
issuing agency certifies ‘‘will not, if credits. The off-cycle technologies vary The first pathway is a predetermined
promulgated, have a significant by manufacturer and include thermal list of credit values for specific off-cycle
economic impact on a substantial control technologies such as solar technologies that may be used beginning
number of small entities.’’ EPA has reflective glass/glazing and solar in model year 2014.1 This pathway
concluded that NPDES General Permits reflective surface coating (paint), a high allows manufacturers to use
are permits, not rulemakings, under the efficiency alternator, and an efficient air conservative credit values established
APA and thus not subject to APA conditioning compressor. Pursuant to by EPA for a wide range of technologies,
rulemaking requirements or the RFA. applicable regulations, EPA is making with minimal data submittal or testing
Authority: This action is taken under the
descriptions of each manufacturer’s off- requirements, as long as the
authority of Section 402 of the Clean Water cycle credit calculation methodologies technologies meet EPA regulatory
Act as amended, 42 U.S.C. 1342. I hereby available for public comment. definitions. In cases where the off-cycle
provide public notice of the revised draft DATES: Comments must be received on technology is not on the menu but
General Permit for Offshore Seafood or before July 19, 2017. additional laboratory testing can
Processors in Federal Waters off the ADDRESSES: Submit your comments, demonstrate emission benefits, a second
Washington and Oregon Coast in accordance
with 40 CFR 124.10.
identified by Docket ID No. EPA–HQ– pathway allows manufacturers to use a
OAR–2017–0189, to the Federal broader array of emission tests (known
Dated: May 25, 2017. eRulemaking Portal: https:// as ‘‘5-cycle’’ testing because the
Christine Psyk, www.regulations.gov. Follow the online methodology uses five different testing
Acting Director, Office of Water and instructions for submitting comments. procedures) to demonstrate and justify
Watersheds, Region 10. Once submitted, comments cannot be off-cycle CO2 credits.2 The additional
[FR Doc. 2017–12734 Filed 6–16–17; 8:45 am] edited or withdrawn. The EPA may emission tests allow emission benefits
BILLING CODE 6560–50–P publish any comment received to its to be demonstrated over some elements
public docket. Do not submit of real-world driving not adequately
electronically any information you captured by the GHG compliance tests,
ENVIRONMENTAL PROTECTION consider to be Confidential Business including high speeds, hard
AGENCY Information (CBI) or other information accelerations, and cold temperatures.
[EPA–HQ–OAR–2017–0189; FRL–9962–95– whose disclosure is restricted by statute. These first two methodologies were
OAR] Multimedia submissions (audio, video, completely defined through notice and
etc.) must be accompanied by a written comment rulemaking and therefore no
Alternative Method for Calculating Off- comment. The written comment is additional process is necessary for
Cycle Credits Under the Light-Duty considered the official comment and manufacturers to use these methods.
Vehicle Greenhouse Gas Emissions should include discussion of all points The third and last pathway allows
Program: Applications From BMW you wish to make. The EPA will manufacturers to seek EPA approval to
Group, Ford Motor Company, and generally not consider comments or use an alternative methodology for
Hyundai Motor Group comment contents located outside of the determining the off-cycle CO2 credits.3
primary submission (i.e. on the web, This option is only available if the
AGENCY: Environmental Protection
cloud, or other file sharing system). For benefit of the technology cannot be
Agency (EPA).
additional submission methods, the full adequately demonstrated using the 5-
ACTION: Notice.
EPA public comment policy, cycle methodology. Manufacturers may
SUMMARY: The Environmental Protection information about CBI or multimedia also use this option for model years
Agency (EPA) is requesting comment on submissions, and general guidance on prior to 2014 to demonstrate off-cycle
applications from BMW of North making effective comments, please visit CO2 reductions for technologies that are
American (BMW), Ford Motor Company https://www2.epa.gov/dockets/ on the predetermined list, or to
(Ford), and Hyundai Motor Group for commenting-epa-dockets. demonstrate reductions that exceed
off-cycle carbon dioxide (CO2) credits FOR FURTHER INFORMATION CONTACT: those available via use of the
under EPA’s light-duty vehicle Roberts French, Environmental predetermined list.
Protection Specialist, Office of
asabaliauskas on DSKBBXCHB2PROD with NOTICES
greenhouse gas emissions standards. Under the regulations, a manufacturer
‘‘Off-cycle’’ emission reductions can be Transportation and Air Quality, seeking to demonstrate off-cycle credits
achieved by employing technologies Compliance Division, U.S. with an alternative methodology (i.e.,
that result in real-world benefits, but Environmental Protection Agency, 2000 under the third pathway described
where that benefit is not adequately Traverwood Drive, Ann Arbor, MI previously) must describe a
captured on the test procedures used by 48105. Telephone: (734) 214–4380. Fax:
manufacturers to demonstrate (734) 214–4869. Email address: 1 See 40 CFR 86.1869–12(b).
compliance with emission standards. french.roberts@epa.gov. 2 See 40 CFR 86.1869–12(c).
EPA’s light-duty vehicle greenhouse gas SUPPLEMENTARY INFORMATION: 3 See 40 CFR 86.1869–12(d).
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Document Created: 2017-06-17 01:48:15
Document Modified: 2017-06-17 01:48:15
| 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 re-proposal of General Permit. | |
| Dates | The public comment period for the re-proposed General Permit for Offshore Seafood Processors in Federal Waters off the Washington and Oregon Coast will be 45 days from the date of publication of this Notice. Comments must be received or postmarked by no later than midnight Pacific Standard Time, August 3, 2017. EPA will only consider comments on the re-proposed permit provisions. Comments submitted previously on the initial draft General Permit need not be resubmitted; comments | |
| 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, (206) 553- 0325, [email protected] | |
| FR Citation | 82 FR 27817 |
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