WSR 16-12-103

[Filed May 31, 2016, 4:53 p.m.]

Proposed Permit: The Washington state department of ecology (ecology) is proposing to reissue the concentrated animal feeding operation (CAFO) national pollutant discharge elimination system (NPDES) and state waste discharge general permit (permit). State and federal water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage.

The permit will be reissued as two separate permits, the CAFO state waste discharge general permit (state permit) and the CAFO NPDES and state waste discharge general permit (combined permit).

Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

Purpose of the Permit: The state and combined permits regulate the discharge of pollutants such as manure, litter, or process wastewater from CAFOs into waters of the state. The state permit will conditionally authorize discharges to groundwater. No surface water discharges other than agricultural stormwater are allowed. The combined permit will conditionally authorize discharges to surface and groundwater as well as agricultural stormwater.

Coverage under the proposed general permit will be available to facilities that meet the definition of a CAFO and that have a discharge or that voluntarily apply for permit coverage.

Copies of the Draft Permit: You may download copies of the draft permits and the fact sheet from the following web site: http://www.ecy.wa.gov/programs/wq/permits/cafo/index.html. You may request copies of the documents from Jon Jennings at jonathan.jennings@ecy.wa.gov or (360) 407-6283.

Ecology Contact: Jon Jennings, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6283, e-mail jonathan.jennings@ecy.wa.gov.

Workshop and Public Hearing: The purpose of the workshop is to explain the general permits 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 permits. Written comments will receive the same consideration as oral testimony. The public hearing will begin immediately following the public workshop and will conclude when public testimony is complete.

On Tuesday, July 26, at 6 p.m., at Whatcom Community College, Heiner Theater, 237 West Kellogg Road, Bellingham, WA 98226; and on Thursday, July 28, at 6 p.m., at the Yakima Convention Center, Room B, 10 North 8th Street, Yakima, WA 98901.

An additional workshop and hearing may also be attended as a webinar where individuals may view the presentation and provide testimony via computer or mobile device. To register for the webinar go to http://www.ecy.wa.gov/programs/wq/permits/cafo/index.html. 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 permits and fact sheet until 5 p.m., Wednesday, August 17. Ecology prefers comments be submitted through the comment form on the permit web page. Comments should reference specific permit text when possible.

Submit by Comment Form: http://www.ecy.wa.gov/programs/wq/permits/cafo/index.html.

Submit Comments by Mail to: Jon Jennings, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

You must provide comments before 5 p.m., August 17, 2016. Written comments must be postmarked no later than 5 p.m., August 17, 2016.

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 permits by the end of 2016.