[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Pages 27739-27740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10011]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10009-35-Region 1]


Notice of Availability of Draft NPDES Aquaculture General Permit 
(AQUAGP) for Concentrated Aquatic Animal Production (CAAP) Facilities 
and Other Related Facilities in Massachusetts, New Hampshire, and 
Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permit MAG130000, 
NHG130000, and VTG130000.

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SUMMARY: The Director of the Water Division, U.S. Environmental 
Protection Agency--Region 1 (EPA), is providing a Notice of 
Availability for the Draft National Pollutant Discharge Elimination 
System (NPDES) Aquaculture General Permit (AQUAGP) for discharges from 
Concentrated Aquatic Animal Production (CAAP) facilities and other 
related facilities to certain waters of the Commonwealth of 
Massachusetts, State of New Hampshire, and State of Vermont (federal 
facilities only). This Draft NPDES AQUAGP (``Draft General Permit'') 
establishes effluent limitations and requirements, effluent and ambient 
monitoring requirements, reporting requirements, and standard 
conditions for 14 eligible industrial facilities currently covered by 
individual NPDES permits, 7 in Massachusetts, 5 in New Hampshire, and 2 
in Vermont. The Draft General Permit is available on EPA Region 1's 
website at https://www.epa.gov/npdes-permits/region-1-draft-aquaculture-general-permit. The Fact Sheet for the Draft General Permit 
sets forth principal facts and the significant factual, legal, 
methodological, and policy questions considered in the development of 
the Draft General Permit and is also available at this website.

DATES: Public comments must be received by June 10, 2020.

ADDRESSES: Written comments on the Draft General Permit may be mailed 
to U.S. EPA Region 1, Water Division, Attn: Nathan Chien, 5 Post Office 
Square, Suite 100, Mail Code 06-1, Boston, Massachusetts 02109-3912, or

[[Page 27740]]

sent via email to: Chien.Nathan@epa.gov. No facsimiles (faxes) will be 
accepted.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
Draft General Permit may be obtained between the hours of 9 a.m. and 5 
p.m. Monday through Friday, excluding holidays from Nathan Chien, U.S. 
EPA Region 1, Water Division, 5 Post Office Square, Suite 100, Mail 
Code 06-1, Boston, MA 02109-3912; telephone: 617-918-1649; email: 
Chien.Nathan@epa.gov. The Draft General Permit is based on an 
administrative record available for review at U.S. EPA Region 1, Water 
Division, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-
3912. A reasonable fee may be charged for copying requests.

SUPPLEMENTARY INFORMATION: 
    Public Comment Information: Interested persons may submit written 
comments on the Draft General Permit to EPA Region 1 at the address 
listed above. In reaching a final decision on this Draft General 
Permit, the Regional Administrator will respond to all significant 
comments and make responses available to the public at EPA's Boston 
office. All comments must be postmarked or delivered by the close of 
the public comment period.
    General Information: The Draft General Permit includes effluent 
limitations and requirements for CAAP facilities and related 
dischargers based on technology and/or water quality considerations of 
the unique discharges from these facilities. The effluent limits 
established in the Draft General Permit ensure that the surface water 
quality standards of the receiving water(s) will be attained and/or 
maintained.
    Obtaining Authorization: To obtain coverage under the Draft General 
Permit, facilities meeting the eligibility requirements outlined in 
Part 4 of this General Permit may submit a notice of intent (NOI) in 
accordance with 40 CFR 122.28(b)(2)(i) & (ii). The contents of the NOI 
shall include at a minimum, the legal name and address of the owner or 
operator, the facility name and address, type of facility or 
discharges, the receiving stream(s) and be signed by the operator in 
accordance with the signatory requirements of 40 CFR 122.22. 
Alternately, based on 40 CFR 122.28(b)(2)(vi), the Director may notify 
a discharger that it is covered by a general permit, even if the 
discharger has not submitted an NOI to be covered. EPA has determined 
that the 14 facilities identified in Part 1 of the Fact Sheet all meet 
the eligibility requirements for coverage under the Draft General 
Permit and may be authorized to discharge under the General Permit by 
this type of notification.
    Other Legal Requirements: In accordance with the Endangered Species 
Act (ESA), EPA has updated the provisions and necessary actions and 
documentation related to potential impacts to endangered species from 
sites seeking coverage under the Draft General Permit. Concurrently 
with the public notice of the Draft General Permit, EPA has submitted a 
letter to the National Oceanic and Atmospheric Administration, National 
Marine Fisheries Service (NOAA Fisheries) summarizing the results of 
EPA's assessment of the potential effects to endangered and threatened 
species and their critical habitats as a result of EPA's issuance of 
the Draft General Permit. In this document, EPA has preliminarily 
concluded that the proposed issuance of the Draft General Permit is not 
likely to adversely affect the shortnose sturgeon, Atlantic sturgeon, 
or designated critical habitat for Atlantic sturgeon, as well as 
coastal protected whales and sea turtles and the North Atlantic right 
whale critical habitat. EPA has requested that NOAA Fisheries review 
this submittal and inform EPA whether it concurs with this preliminary 
finding.
    In the Fact Sheet accompanying the Draft AQUAGP, EPA has 
preliminarily concluded that the Draft AQUAGP will have ``no effect'' 
on endangered species under the jurisdiction of the U.S. Fish and 
Wildlife Service (USFWS). The reason for this determination is because 
each NOI submission must assess site specific endangered species 
impacts using USFWS' Information, Planning, and Conservation (IPaC) 
website, available at https://ecos.fws.gov/ipac/. By using this 
website, the applicant can either make a determination of impacts or if 
there are questions, seek input from the USFWS directly. Since each NOI 
is individually screened prior to submission, EPA has tentatively 
determined that the Draft AQUAGP will have ``no effect.'' EPA requests 
that USFWS review this submittal and inform EPA whether it concurs with 
this preliminary finding.
    Under the 1996 Amendments (Pub. L. 104-267) to the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. 
(1998)), EPA is required to consult with NOAA Fisheries if EPA's 
actions or proposed actions that it funds, permits or undertakes ``may 
adversely impact any essential fish habitat'' (EFH). 16 U.S.C. 1855(b). 
In the Fact Sheet accompanying the Draft AQUAGP, EPA notes that the 
general permit action minimizes adverse effects to aquatic organisms, 
including those with designated EFH in the receiving waters, including 
Atlantic salmon and the life stages of a number of coastal EFH 
designated species. EPA has made the determination that additional 
mitigation is not warranted under Section 305(b)(2) of the Magnuson-
Stevens Act and has provided this determination to NOAA Fisheries for 
their review.
    National Historic Preservation Act (NHPA): Facilities which 
adversely affect properties listed or eligible for listing in the 
National Registry of Historic Places under the NHPA are not authorized 
to discharge under the Draft General Permit. Based on the nature and 
location of the discharges, EPA has determined that the 14 facilities 
eligible for authorization under the Draft General Permit do not have 
the potential to affect a property that is either listed or eligible 
for listing on the National Register of Historic Places.

    Authority: This action is being taken under the Clean Water Act, 
33 U.S.C. 1251 et seq.

    Dated: May 4, 2020.
Dennis Deziel,
Regional Administrator.
[FR Doc. 2020-10011 Filed 5-8-20; 8:45 a.m.]
 BILLING CODE 6560-50-P


