Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 31425 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER96–1085–013] 

South Carolina Electric & Gas 

Company; Notice of Filing 

June 24, 2009. 

Take notice that on January 13, 2009, 

South Carolina Electric & Gas Company 

(SCE&G) filed a response to the 

Commission’s December 23, 2008 Letter 

Order requesting SCE&G to submit 

additional information regarding its 

updated market power analysis filed 

with the Commission on September 2, 

2008. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all the parties in this proceeding. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on July 6, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–15456 Filed 6–30–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8924–9] 

Issuance of a Final NPDES General 

Permit (GP) for Federal Aquaculture 

Facilities and Aquaculture Facilities 

Located in Indian Country Within the 

Boundaries of the State of Washington 

(Permit Number WAG–13–0000) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Issuance of final NPDES General 

Permit. 

SUMMARY: On November 12, 2008, the 

Director, Office of Water and 

Watersheds, EPA Region 10, proposed 

to issue a general permit to cover federal 

aquaculture facilities and aquaculture 

facilities in Indian Country in the State 

of Washington that meet minimum size 

thresholds of 20,000 pounds annual 

production and 5,000 pounds of feed 

used in the maximum month of feeding. 

During the 47-day comment period, EPA 

received comments from six people 

representing four organizations and has 

prepared a Response to Comments 

document to explain changes made in 

the permit and reasons for not making 

changes that were requested. EPA 

received certification for the permit 

under Section 401 of the Clean Water 

Act from the Lummi Nation, the Makah 

Tribe, the Spokane Tribe, the Tulalip 

Tribes, and the Washington Department 

of Ecology. 

DATES: The permit will become effective 

August 1, 2009 and will expire July 31, 

2014. The permit issuance date is July 

15, 2009. 

ADDRESSES: Copies of the General 

Permit and the Response to Comments 

may be requested from Audrey 

Washington, EPA Region 10, 1200 Sixth 

Avenue, Suite 900, OWW–130, Seattle, 

WA 98101–3140, by phone at (206) 553– 

0523, or by e-mail: 

washington.audrey@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the general permit, fact sheet, 

and response to comments are available 

on the EPA Region 10 Web site at 

http://yosemite.epa.gov/R10/ 

WATER.NSF/NPDES+Permits/ 

General+NPDES+Permits#fedaqua. 

SUPPLEMENTARY INFORMATION: 

A. Endangered Species Act 

EPA has determined that issuance of 

the General Permit is not likely to 

adversely affect threatened or 

endangered salmonids, birds, or marine 

mammals, their designated critical 

habitat, or essential fish habitat. EPA 

has also determined that issuance of the 

General Permit will have no effect on 

any threatened or endangered marine 

reptiles, terrestrial mammals, 

invertebrates, or their designated critical 

habitats. Consultation with the U.S. Fish 

and Wildlife Service and the National 

Marine Fisheries Service is ongoing. 

B. Executive Order 12866 

The Office of Management and Budget 

has exempted this action from the 

review requirements of Executive Order 

12866 pursuant to Section 6 of that 

order. 

C. Paperwork Reduction Act 

The information collection 

requirements of this permit were 

previously approved by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and assigned OMB control numbers 

2040–0086 (NPDES permit application) 

and 2040–0004 (discharge monitoring 

reports). 

D. 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 5 U.S.C. 553(b) 

and are therefore not subject to the 

UMRA. 

E. Appeal of Permits 

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. This 

appeal must be filed within 120 days 

after the permit issuance date. Persons 

affected by the permits may not 

challenge the conditions of the permits 

in further EPA proceedings (See 40 CFR 

124.19). Instead they may either 

challenge the permit in court or apply 

for an individual NPDES permit. 

Dated: June 23, 2009. 

Michael A. Bussell, 

Director, Office of Water & Watersheds, 

Region 10. 

[FR Doc. E9–15417 Filed 6–30–09; 8:45 am] 

BILLING CODE 6560–50–P