WSR 16-09-074

[Filed April 18, 2016, 2:18 p.m.]

PERMIT FOR THE FRESH FRUIT PACKING INDUSTRY

Introduction: In 1994, the Washington state department of ecology (ecology) developed an NPDES general permit to regulate the discharge of wastewater from fresh fruit packing facilities.

This permit was developed to meet the requirements of chapters 90.48, 90.52, and 90.54 RCW as amended, and the Federal Water Pollution Control Act (FWPCA) (Title 33 United States Code, Section 1251 et seq.) as amended. All requirements of 40 Code of Federal Regulations (C.F.R.) 122.41 and 122.42 are incorporated in this general permit by reference.

The fruit packing industry is eligible for coverage under a general permit due to: (1) The similar wastewater characteristics among facilities; (2) the uniform discharge conditions to which all facilities would be subject; and (3) the significant reduction of resources necessary for permit handling. However, individual NPDES/state waste discharge permits will still be applied in those instances where ecology determines the general permit is not appropriate for a facility or an individual facility does not wish to be covered by the general permit.

This general permit establishes treatment/disposal methods, effluent limits, and best management practices for discharges from the fresh fruit packing industry. Compliance with this general permit is anticipated to protect human health and waters of the state.

Types of Facilities or Dischargers and Geographic Area Covered: Every new or existing fresh fruit packing facility within the entire state of Washington which receives, packs, stores, and/or ships either hard or soft fruit is required to apply for coverage under either this general permit or an individual NPDES/state waste discharge permit.

Documents Available for Review: You may download a copy of the draft permit and fact sheet at http://www.ecy.wa.gov/programs/wq/permits/fruit_packers/index.html; or you may request a copy from Cynthia Huwe, (509) 457-7105 or e-mail cynthia.huwe@ecy.wa.gov.

Public Workshops: Public workshops concerning this draft general permit shall be held on May 18, 2016, in Union Gap and May 19, 2016, in Leavenworth. WebDMR training will also take place on these dates. Please see below for location and exact times.

Additional WebDMR Training: An additional WQWebDMR system training (training only, no workshop) will be offered on Thursday, August 18, 2016, from 10 a.m. to noon at the Central Regional Office, 1250 West Alder Street, Union Gap, WA, in Conference Room 102B.

When and How to Submit Comments: Comments on the proposed general permit may be given at the public hearings. Interested persons are also invited to submit written comments regarding the proposed general permit. All written comments should be submitted by 5:00 p.m. on June 17, 2016, to the Department of Ecology, 1250 West Alder Street, Union Gap, WA 98903, Attn: Cynthia Huwe, cynthia.huwe@ecy.wa.gov.

This notice will be published in the legal section of the Yakima Herald-Republic and the Wenatchee Daily World on May 4, 2016. A mailing containing this notice will be sent to all current permittees and other interested parties.

Final Determination: All comments received at the public hearings or at ecology's central regional office by 5:00 p.m. on June 17, 2016, will be considered before final permit terms, limitations, and conditions are established. A responsive summary of comments received during the comment period will be prepared and available for public review. If the final content of the general permit remains substantially unchanged from the draft permit, a copy of the final determination in the form of a public notice of issuance shall be forwarded to all persons who submitted written comment or gave public testimony regarding the permit. However, if the final determination is substantially changed, another public notice of draft permit shall be published.

Economic Impact Analysis: Ecology completed a new economic impact analysis that will be available May 2016, on department of ecology's publications and forms web site located at https://fortress.wa.gov/ecy/publications/UIPages/Home.aspx.

Tentative Determination to Issue: After ecology receives and considers all public comments, it will issue the final permit. Ecology expects to issue the general permit in August 2016, with an effective date of September 1, 2016.

Further Information: Contact Sanjay Barik at sanjay.barik@ecy.wa.gov, (509) 454-4247; or Marcia Porter at marcia.porter@ecy.wa.gov, (509) 454-7864; 1250 West Alder Street, Union Gap, WA.

Ecology is an equal opportunity agency and does not discriminate on the basis of race, creed, color, disability, age, religion, national origin, sex, marital status, disabled veteran's status, Vietnam Era veteran's status or sexual orientation. If you have special accommodation needs or require this document in alternative format, please contact Cynthia Huwe at (509) 457-7105.