WSR 15-21-069

[Filed October 20, 2015, 10:56 a.m.]

Proposed Permit: The Washington state department of ecology (ecology) is proposing to reissue the general permit to regulate the use of herbicides, algacides, adjuvants and phosphorous inactivation products for control of noxious weeds, nuisance plants, algae and phosphorous in surface waters of Washington state.

Washington's water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. The herbicides, algacides, adjuvants and phosphorous inactivation products are potential pollutants, and therefore require a discharge permit before application to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

Ecology, the State Environmental Policy Act (SEPA) lead for this permit, has determined that this proposal is likely to have significant adverse impacts on the environment. Ecology has made the SEPA determination available for review and comment at http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/aquatic_plant_permit_index.html.

Purpose of the Permit: The aquatic plant and algae management general permit is a national pollutant discharge elimination system (NPDES) permit, which regulates the use of herbicides, algacides, adjuvants and phosphorous inactivation products for control of noxious weeds, nuisance plants, algae and phosphorous in surface waters of Washington state.

Copies of the Draft Permit: You may download copies of the draft permit, fact sheet, and SEPA determination beginning November 4, 2015, from the following web site http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/aquatic_plant_permit_index.html.

Ecology Contact: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, e-mail nathan.lubliner@ecy.wa.gov.

Workshop and Public Hearing: The purpose of the workshop is to explain the general permit and to answer questions prior to the formal public hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed draft permit. Written comments will receive the same consideration as oral testimony. The public workshop will begin at 1 p.m. on December 7, 2015, at the Washington State Department of Ecology, 300 Desmond Drive, Lacey, WA 98503-1274. The public hearing will begin immediately following the public workshop and will conclude when public testimony is complete.

The workshop and hearing may also be attended as a webinar where individuals may view the presentation and provide testimony via computer. To register for the webinar go to https://wadis.webex.com/wadis/j.php?RGID=r25ae225572d3ae4478d114be0a6b7fda. Once the host approves your request, you will receive a confirmation e-mail with instructions for joining the meeting.

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet and SEPA determination until 5 p.m., December 18, 2015. Ecology prefers comments be submitted through the comment form on the permit web page. Comments may also be submitted through e-mail or standard mail to the addresses provided below. Comments should reference specific permit text when possible.

Submit comments through web page http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/aquatic_plant_permit_index.html.

Submit comments by e-mail to nathan.lubliner@ecy.wa.gov.

Submit comments by mail to Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

You must send comment form and e-mail comments before 5 p.m., December 18, 2015. Written comments must be postmarked no later than 5 p.m., December 18, 2015.

Issuing the Permit: The final decision on permit issuance will be made after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit, another public notice of draft and comment period may ensue. Ecology expects to issue the general permit in spring 2016.