[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Notices]
[Page 31425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15417]
=======================================================================
-----------------------------------------------------------------------
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: [email protected].
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