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), 40301-40302 [2016-14671]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices of the following new facilities: (1) A 900-foot-long excavated intake channel (headrace); (2) two 60-foot-long by 32foot-wide trash racks with 2.5-inch bar spacing; (3) a 201-foot-long by 80-footwide powerhouse containing two 24megawatt (MW) Kaplan turbines, having a total installed capacity of 48 MW; (4) a substation; (5) a forebay oxygen diffuser line system to enhance dissolved oxygen; (6) a 2,000-foot-long excavated tailrace channel; (7) a 1,700foot-long retaining wall along the north side of tailrace channel; (8) a 4.4-milelong, 115-kilovolt transmission line; and (9) appurtenant facilities. The average annual generation would be about 213,000 megawatt-hours. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above. All filings must (1) bear in all capital letters the title ‘‘COMMENTS’’, ‘‘REPLY COMMENTS’’, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at http:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission’s regulations, any VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. o. A license applicant must file no later than 60 days following the date of issuance of this notice: (1) A copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification. Dated: June 15, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016–14599 Filed 6–20–16; 8:45 am] BILLING CODE 6717–01–P 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) Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: 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. SUMMARY: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 40301 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 E:\FR\FM\21JNN1.SGM 21JNN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 40302 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices 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 VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 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 ENVIRONMENTAL PROTECTION AGENCY [Docket ID No. EPA–HQ–ORD–2013–0357; FRL 9947–98–ORD] Evaluating Urban Resilience to Climate Change: A Multi-Sector Approach Environmental Protection Agency (EPA). ACTION: Notice of public comment period. AGENCY: EPA is announcing a 30-day public comment period for the draft document titled ‘‘Evaluating Urban Resilience to Climate Change: A MultiSector Approach’’ (EPA/600/R–15/312). EPA is also announcing that Versar, Inc., an EPA contractor for external scientific peer review, will select four independent experts from a pool of eight to conduct a letter peer review of the same draft document. The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and Development (ORD). This document describes an assessment tool that uses quantitative and qualitative indicators to help cities identify areas of resilience and vulnerability to climate change impacts and introduces example case studies from Washington, DC and Worcester, Massachusetts. EPA intends to forward the public comments that are submitted in accordance with this document to the external peer reviewers for their consideration during the letter peer review. When finalizing the draft document, EPA intends to consider any public comments received in response to this notice. EPA is releasing this draft document for the purposes of public comment and peer review. This draft document is not final as described in EPA’s information quality guidelines and it does not represent and should not be construed to represent Agency policy or views. The draft document is available via the internet on EPA’s Global Change Research Program SUMMARY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 Products and Publications Web page at https://www.epa.gov/risk/globalchange-research-program-products-andpublications. DATES: The 30-day public comment period begins June 21, 2016, and ends July 21, 2016. Technical comments should be in writing and must be received by EPA by July 21, 2016. The document will be available on or around June 22, 2016. ADDRESSES: The external peer review draft, ‘‘Evaluating Urban Resilience to Climate Change: A Multi-Sector Approach,’’ is available primarily via the internet on the EPA’s Global Change Research Program Products and Publications Web page at https:// www.epa.gov/risk/global-changeresearch-program-products-andpublications. A limited number of paper copies are available from the Information Management Team, NCEA; telephone: 703–347–8561; facsimile: 703–347–8691. If you are requesting a paper copy, please provide your name, mailing address, and the document title. Comments may be submitted electronically via www.regulations.gov, by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the ORD Docket at the EPA Headquarters Docket Center; telephone: 202–566–1752; facsimile: 202–566–9744; or email: Docket_ORD@ epa.gov. For technical information, contact Susan Julius, NCEA; telephone: 703– 347–8619; facsimile: 703–347–8694; or email: julius.susan@epa.gov. SUPPLEMENTARY INFORMATION: I. Information About the Document Climate change impacts are diverse, long-term, and not easily predictable. Adapting to climate change requires making context specific and forwardlooking decisions regarding a variety of climate change impacts and vulnerabilities when the future is highly uncertain. EPA scientists and their collaborators created an assessment tool to help cities identify climate change risks in eight different municipal sectors. The report identifies and tests indicators of traits that may enhance or inhibit communities’ resilience to climate change, allowing decisionmakers to focus planning efforts on those areas that are least resilient to anticipated impacts. The results yielded an approach that provides a way for cities to explore threats to and measures E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[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