Posting an FDMS Docket without a Federal Register Notice 

MEMORANDUM 

SUBJECT: Posting EPA-HQ-OW-2010-0257 to Regulations.gov for Public Access 

FROM: Jack Faulk 

Office of Water 

y,{~ . Thru: Deborah Nagle l(" { ( 

Office of Water 

This memorandum authori zes the posting of EPA-HQ-OW-2010-0257 to 

Regulations.gov for public access. 

Background: EPA is seeking public comment on a draft Biological Opinion by the 

National Marine Fisheries Service (NMFS) which concludes that the Pesticide General 

Permit (PGP) is likely to jeopardize endangered and threatened species and their critical 

habitat. 

Under the Endangered Species Act (ESA), consultation with federa l resource agencies is 

required to ensure that federal actions are not likely to jeopardize endangered or 

threatened species or their critical habitat. As part of this consultation, on June 17, 2011 , 

NMFS submitted to EPA a draft Biological Opinion finding the discharges allowed under 

the permit are likely to jeopardize species and habitat and an associated Reasonable and 

Prudent Alternative (RP A) to avoid jeopard y. EPA is seeking comment on this draft 

Biological Opinion, and specifically, EPA is seeking comment on the appropriateness of 

the RPA in protecting jeopardized species and their critical habitat, whether the RPA can 

be reasonably implemented, and on possible alternatives to the RP A that could be 

required to address ESA concerns. 

EPA clarifies for the public that this is not a notice and comment rulemaking, and that 

NMFS will consider comments and as appropriate modify the opinion, but NMFS will 

not provide a response to comments document. 

This document will be open for public comment from 06/24/2011 to 07/25/20 11.] 

Submit your comments, identified by Docket ID No. EPA-HQ-OW-2010-0257, by one of 

the following methods: 

• www.reguiations.gov: Follow the on·line instructions for submitting 

comments. 

• Emai l: ow·docket@epa.gov 
• Mail: Water Docket, Environmental Protection Agency, Mailcode 2822T, 

1200 PelUlsylvania Ave, NW, Washington, DC 20460, Attention: Docket 

ID No. EPA-HQ-OW- 2010- 0257. 

• I-land Delivery: EPA Docket Center, EPA West Room 3334,1301 

Constitution Avenue, NW., Washington, DC 20004, Attention: Docket ID 

No. EPA- HQ-OW-2010--0257. Such deliveries are only accepted during 

the Docket's nonnal hours of operation, and special arrangements should 

be made for deliveries of boxed infonnation. 

EPA's policy is that all comments received will be included in the public docket without 

change and may be made avail able online at http://www.regulations.gov, including any 

personal information provided, unless the comment includes information claimed to be 

Confidential Business Infonnation (CBI) or other infonnation whose disclosure is 

restricted by statute. Do not submit information that you consider to be CBI or otherwise 

protected through http://www.regulations.govor e-mai l. The http://www.regulations.gov 

Web site is an " anonymous access" system, which means EPA will not know your 

identity or contact informat ion unless you provide it in the body of your comment. If you 

send an e-mail comment directly 10 EPA without going through 

http://www.regulations.gov. your e-mail address will be automatically captured and 

included as part of the comment that is placed in the public docket and made available on 

the Internet. lryou submit an electronic comment, EPA recommends that you include 

your name and other contact information in the body of your comment and with any disk 

or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties 

and cannot contact you for clarification, EPA may not be able to consider your comment. 

Electronic fil es should avoid the use of special characters, avoid any form of encryption, 

and be free of any defects or viruses. For additional infonnation about EPA's public 

docket, visit the EPA Docket Center homepage at 

http://\vww.epa.gov/epahome/dockets.htm. 

Should you have any questions regarding this memorandum, please contact Jack Faulk at 

(202) 564-0768, or via email at laulk.jack@epa.gov.