Proposed 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), 79333-79335 [2015-32026]
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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
either call. Individuals or groups
wishing to make brief oral comments to
the HSRB on January 12–13, 2016 are
strongly advised to submit their request
(preferably via email) to Jim Downing,
listed under FOR FURTHER INFORMATION
CONTACT no later than noon, Eastern
Time, Wednesday, January 6, 2016 in
order to be included on the meeting
agenda and to provide sufficient time
for the HSRB Chair and HSRB
Designated Federal Official to review
the meeting agenda to provide an
appropriate public comment period.
Individuals or groups wishing to make
brief oral comments to the HSRB during
the March 30, 2016 teleconference
should submit their request by Noon
Eastern Time on Wednesday, March 23,
2016. The request should identify the
name of the individual making the
presentation and the organization (if
any) the individual will represent. Oral
comments before the HSRB are
generally limited to five minutes per
individual or organization. Please note
that this includes all individuals
appearing either as part of, or on behalf
of, an organization. While it is our
intent to hear a full range of oral
comments on the science and ethics
issues under discussion, it is not our
intent to permit organizations to expand
the time limitations by having
numerous individuals sign up
separately to speak on their behalf. If
additional time is available, further
public comments may be possible.
2. Written comments. Submit your
written comments prior to the meetings.
For the Board to have the best
opportunity to review and consider your
comments as it deliberates, you should
submit your comments by Noon Eastern
Time on Wednesday, January 6, 2016 for
the January 12–13, 2016 meeting, and by
noon Eastern Time on Wednesday,
March 23, 2016 for the March 30, 2016
teleconference. If you submit comments
after these dates, those comments will
be provided to the HSRB members, but
you should recognize that the HSRB
members may not have adequate time to
consider your comments prior to their
discussion. You should submit your
comments using the instructions in
Section I., under subsection C., ‘‘What
Should I Consider as I Prepare My
Comments for the EPA?’’ In addition,
the agency also requests that persons
submitting comments directly to the
docket also provide a copy of their
comments to Jim Downing listed under
FOR FURTHER INFORMATION CONTACT.
There is no limit on the length of
written comments for consideration by
the HSRB.
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E. Background
The HSRB is a Federal advisory
committee operating in accordance with
the Federal Advisory Committee Act 5
U.S.C. App.2 9. The HSRB provides
advice, information, and
recommendations to the EPA on issues
related to scientific and ethical aspects
of human subjects research. The major
objectives of the HSRB are to provide
advice and recommendations on: (1)
Research proposals and protocols; (2)
reports of completed research with
human subjects; and (3) how to
strengthen EPA’s programs for
protection of human subjects of
research. The HSRB reports to the EPA
Administrator through the Agency’s
Science Advisor.
1. Topics for discussion. On Tuesday,
January 12–13, 2016, EPA’s Human
Studies Review Board will consider
seven scientific and ethical topics: (1)
Assessing intermittent pesticide
exposure from flea control collars
containing the organophosphorus
insecticide tetrachlorvinphos, authored
by M. Keith Davis, J. Scott Boone, John
E. Moran, John W. Tyler, and Janice E.
Chambers. Journal of Exposure Science
and Environmental Epidemiology (2008)
18, 564–570; (2) Field Testing of SC
Johnson Personal Mosquito Repellent
Products to Support their Use of the
EPA Repellency Awareness Graphic,
GLP Study Number 865E1, J. Palm,
September 24, 2015. Test Substance:
MARK–3 OFF! Deep Woods Sportsmen
Insect Repellent I (Maximum Strength
Pump Spray Deep Woods OFF! EPA
Reg. No. 4822–276); (3) Field Testing of
SC Johnson Personal Mosquito
Repellent Products to Support their Use
of the EPA Repellency Awareness
Graphic, GLP Study Number 864E1, J.
Palm, September 24, 2015. Test
Substance: MARK–2 OFF! Deep Woods
Sportsmen Insect Repellent II
(UNSCENTED DEEP WOODS OFF! EPA
Reg. No. 4822–397); (4) Field Testing of
SC Johnson Personal Mosquito
Repellent Products to Support their Use
of the EPA Repellency Awareness
Graphic, GLP Study Number 867E1, E.
Laznicka, October 21, 2015. Test
Substance: MARK–5 OFF! Family Care
Insect Repellent IV (Unscented)
(UNSCENTED OFF! SKINTASTIC
SPRAY INSECT REPELLENT, EPA Reg.
No. 4822–395); (5) Field Testing of SC
Johnson Personal Mosquito Repellent
Products to Support their Use of the
EPA Repellency Awareness Graphic,
GLP Study Number 866E1, E. Laznicka,
October 21, 2015. Test Substance:
MARK–4 OFF! Active Insect Repellent I
(Unscented OFF! Insect Repellent, EPA
Reg. No. 4822–380); 6.) Field Testing of
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79333
SC Johnson Personal Mosquito
Repellent Products to Support their Use
of the EPA Repellency Awareness
Graphic, GLP Study Number 873E1, C.
Talbert, October 21, 2015. Test
Substance: MARK–8 OFF! Deep Woods
Insect Repellent V (OFF! Insect
Repellent Formula, EPA Reg. No. 4822–
167)
On Wednesday, March 30, 2016 the
HSRB will approve its Final Report of
the January 12–13, 2016 meeting.
2. Meeting minutes and reports.
Minutes of these meetings, summarizing
the matters discussed and
recommendations, if any, made by the
advisory committee regarding such
matters, will be released within 90
calendar days of the meeting. Such
minutes will be available at https://
www2.epa.gov/osa/human-studiesreview-board and https://
www.regulations.gov. In addition,
information regarding the HSRB’s Final
Report, will be found at https://
www2.epa.gov/osa/human-studiesreview-board or from the person listed
under FOR FURTHER INFORMATION
CONTACT.
Dated: December 14, 2015.
Thomas A. Burke,
EPA Science Advisor.
[FR Doc. 2015–32021 Filed 12–18–15; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
[FLR–9940–43–Region 10]
Proposed 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)
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed reissuance of
NPDES General Permit and request for
public comment.
AGENCY:
The Director, Office of Water
and Watersheds, Environmental
Protection Agency (EPA) Region 10, is
proposing to reissue a 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 draft
General Permit contains effluent
limitations, along with administrative
reporting and monitoring requirements,
as well as standard conditions,
SUMMARY:
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prohibitions, and management
practices. A fact sheet is available that
explains the draft General Permit in
detail.
Section 401 of the Clean Water Act,
33 U.S.C. 1341, requires EPA to seek a
certification from the State of
Washington, and Indian Tribes with
Treatment as a State for Water Quality
Standards, that the conditions of the
General Permit are stringent enough to
comply with State water quality
standards. The Washington Department
of Ecology (Ecology) and the Lummi,
Makah, Spokane, and Tulalip Tribes
have provided draft certification that the
draft General Permit complies with
applicable Water Quality Standards.
EPA will seek final certification from
Ecology and tribes prior to issuing the
General Permit. This is also notice of the
draft § 401 certification provided by
Ecology and tribes. Persons wishing to
comment on the draft § 401
certifications should send written
comments to the contacts in the fact
sheet.
DATES: The public comment period for
the draft General Permit will be from the
date of publication of this Notice until
March 31, 2016. Comments must be
received or postmarked by no later than
midnight Pacific Standard Time on
March 31, 2016. All comments related
to the draft General Permit and Fact
Sheet received by EPA Region 10 by the
comment deadline will be considered
prior to issuing the General Permit.
Submitting Comments: You may
submit comments by any of the
following methods. All comments must
include the name, address, and
telephone number of the commenter.
Mail: Send paper comments to
Catherine Gockel, Office of Water and
Watersheds; USEPA Region 10; 1200 6th
Ave., Suite 900, OWW–191; Seattle,
Washington 98101.
Email: Send electronic comments to
gockel.catherine@epa.gov. Write
‘‘Comments on the Draft Aquaculture
General Permit’’ in the subject line.
Fax: Fax comments to the attention of
Catherine Gockel at (206) 553–1280.
Hand Delivery/Courier: Deliver
comments to Catherine Gockel, EPA
Region 10, 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
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17:38 Dec 18, 2015
Jkt 238001
at: https://yosemite.epa.gov/R10/WATER.
NSF/NPDES+Permits/General+NPDES+
Permits#WA .Requests may also be
made to Audrey Washington at (206)
553–0523 or washington.audrey@
epa.gov.
Public Hearing: Persons wishing to
request a public hearing should submit
their written request by March 31, 2016
stating the nature of the issues to be
raised as well as the requester’s name,
address, and telephone number to
Catherine Gockel at the address above.
If a public hearing is scheduled, notice
will be published in the Federal
Register. Notice will also be posted on
the Region 10 Web site, and will be
mailed to all interested persons
receiving letters of the availability of the
draft General Permit.
FOR FURTHER INFORMATION CONTACT:
Additional information can be obtained
by contacting Catherine Gockel, Office
of Water and Watersheds, U.S.
Environmental Protection Agency,
Region 10. Contact information is
included above.
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) (the Services)
if their actions have the potential
to either beneficially or adversely
affect any threatened or endangered
species. EPA has 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. 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.
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 (EISs) are required
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under NEPA. 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
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 Draft General Permit and
has made the determination that
issuance of the General Permit will is
not likely to adversely affect EFH.
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 Draft
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 Draft 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
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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
the requirements of the APA, and are,
therefore, not subject to the UMRA.
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 Draft General
Permit for Federal Aquaculture Facilities and
Aquaculture Facilities Located in Indian
Country within the Boundaries of
Washington State in accordance with 40 CFR
124.10.
Dated: December 14, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds,
Region 10.
[FR Doc. 2015–32026 Filed 12–18–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2015–0780; FRL–9939–68]
Lead; Renovation, Repair and Painting
Program; Lead Test Kit; Notice of
Opening of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is opening a comment
period to allow for further public
comment on lead test kits and other
field testing options as suggested in
EPA’s Fiscal Year 2015 Appropriations
Act policy rider. Among other things,
the 2008 Lead Renovation, Repair, and
Painting rule (RRP) established
performance recognition criteria for lead
test kits for use as an option to
determine if regulated lead-based paint
is not present in target housing and
child-occupied facilities. The use of an
EPA-recognized lead test kit, when used
by a trained professional, can reliably
determine that regulated lead-based
paint is not present by virtue of a
negative result. The RRP rule also
established negative response and
positive response criteria for lead test
kits recognized by EPA. No lead test kit
has been developed that meets the
positive response criterion. On June 4,
2015, EPA hosted a public meeting and
webinar to solicit input from
stakeholders in an effort to understand
the current state of the science for lead
test kits and lead-based paint field
testing alternatives, as well as the
existing market and potential
availability of additional lead test kits.
To date, no company’s lead test kit has
met both the negative response and
positive response criteria outlined in the
RRP rule. Based on stakeholder input,
EPA is unaware of any lead test kit
available now or in the foreseeable
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future that would meet both of the
performance criteria.
DATES: Comments must be received on
or before February 19, 2016.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2015–0780, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://www.
epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets. The docket for
this action will remain open until
February 19, 2016.
FOR FURTHER INFORMATION CONTACT: For
technical information contact:
The Agency’s lead information
Contact Us form at https://www2.epa.
gov/lead/forms/contact-us or visit
www2.epa.gov/lead. You may also
contact Toiya Goodlow, National
Program Chemicals Division (7404M),
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 566–2305; email address:
goodlow.toiya@epa.gov.
For general information contact: The
National Lead Information Center,
ABVI-Goodwill, 422 South Clinton
Ave., Rochester, NY 14620; telephone
number: 1–800–424–LEAD (5323);
online information request form: https://
www2.epa.gov/lead/forms/lead-hotlinenational-lead-information-center.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This document is directed to
stakeholders that develop, manufacture
and/or sell lead test kits or other leadbased paint field testing instruments.
You may be potentially affected by this
action if you manufacture or sell lead
test kits, or if you use lead test kits to
determine if lead-safe work practices are
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79335
required under the RRP rule to perform
renovations for compensation in target
housing or child-occupied facilities.
Examples of child-occupied facilities
are day-care centers, preschools, and
kindergarten classrooms.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. What action is the Agency taking?
On April 22, 2008, EPA published the
Lead Renovation, Repair, and Painting
rule. It requires contractors to use leadsafe work practices during renovation,
repair, and painting activities that
disturb lead-based paint in target
housing and child-occupied facilities
built before 1978 unless a determination
can be made that no lead-based paint
would be disturbed during the
renovation or repair (Ref. 1). The use of
an EPA-recognized lead test kit, when
used by a trained professional, can
reliably determine that regulated leadbased paint is not present by virtue of
a negative result. The federal standards
for lead-based paint in target housing
and child-occupied facilities is a lead
content in paint that equals or exceeds
a level of 1.0 milligram per square
centimeter (mg/cm2) or 0.5 percent by
weight. If regulated lead-based paint is
not present, there is no requirement to
employ lead-safe work practices under
the RRP rule.
The RRP rule established negative
response and positive response criteria
outlined in 40 CFR 745.88(c) for lead
test kits recognized by EPA. Lead test
kits recognized before September 1,
2010, must meet only the negative
response criterion outlined in 40 CFR
745.88(c)(1). The negative response
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]]>Agencies
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79333-79335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32026]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FLR-9940-43-Region 10]
Proposed 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 proposed reissuance of NPDES General Permit and
request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Water and Watersheds, Environmental
Protection Agency (EPA) Region 10, is proposing to reissue a 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 draft General Permit contains effluent limitations, along
with administrative reporting and monitoring requirements, as well as
standard conditions,
[[Page 79334]]
prohibitions, and management practices. A fact sheet is available that
explains the draft General Permit in detail.
Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires EPA to
seek a certification from the State of Washington, and Indian Tribes
with Treatment as a State for Water Quality Standards, that the
conditions of the General Permit are stringent enough to comply with
State water quality standards. The Washington Department of Ecology
(Ecology) and the Lummi, Makah, Spokane, and Tulalip Tribes have
provided draft certification that the draft General Permit complies
with applicable Water Quality Standards. EPA will seek final
certification from Ecology and tribes prior to issuing the General
Permit. This is also notice of the draft Sec. 401 certification
provided by Ecology and tribes. Persons wishing to comment on the draft
Sec. 401 certifications should send written comments to the contacts
in the fact sheet.
DATES: The public comment period for the draft General Permit will be
from the date of publication of this Notice until March 31, 2016.
Comments must be received or postmarked by no later than midnight
Pacific Standard Time on March 31, 2016. All comments related to the
draft General Permit and Fact Sheet received by EPA Region 10 by the
comment deadline will be considered prior to issuing the General
Permit.
Submitting Comments: You may submit comments by any of the
following methods. All comments must include the name, address, and
telephone number of the commenter.
Mail: Send paper comments to Catherine Gockel, Office of Water and
Watersheds; USEPA Region 10; 1200 6th Ave., Suite 900, OWW-191;
Seattle, Washington 98101.
Email: Send electronic comments to gockel.catherine@epa.gov. Write
``Comments on the Draft Aquaculture General Permit'' in the subject
line.
Fax: Fax comments to the attention of Catherine Gockel at (206)
553-1280.
Hand Delivery/Courier: Deliver comments to Catherine Gockel, EPA
Region 10, 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/General+NPDES+Permits#WA .Requests may also be made to Audrey
Washington at (206) 553-0523 or washington.audrey@epa.gov.
Public Hearing: Persons wishing to request a public hearing should
submit their written request by March 31, 2016 stating the nature of
the issues to be raised as well as the requester's name, address, and
telephone number to Catherine Gockel at the address above. If a public
hearing is scheduled, notice will be published in the Federal Register.
Notice will also be posted on the Region 10 Web site, and will be
mailed to all interested persons receiving letters of the availability
of the draft General Permit.
FOR FURTHER INFORMATION CONTACT: Additional information can be obtained
by contacting Catherine Gockel, Office of Water and Watersheds, U.S.
Environmental Protection Agency, Region 10. Contact information is
included above.
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)
(the Services) if their actions have the potential
to either beneficially or adversely affect any threatened or
endangered species. EPA has 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.
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.
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 (EISs) are
required under NEPA. 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 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 Draft
General Permit and has made the determination that issuance of the
General Permit will is not likely to adversely affect EFH.
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 Draft 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 Draft
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
[[Page 79335]]
the requirements of the APA, and are, therefore, not subject to the
UMRA.
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 Draft General Permit for Federal
Aquaculture Facilities and Aquaculture Facilities Located in Indian
Country within the Boundaries of Washington State in accordance with
40 CFR 124.10.
Dated: December 14, 2015.
Daniel D. Opalski,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2015-32026 Filed 12-18-15; 8:45 am]
BILLING CODE 6560-50-P
