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[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40301-40302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14671]

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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.

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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 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: washington.audrey@epa.gov. 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
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