WSR 14-20-123

[Filed October 1, 2014, 11:42 a.m.]

Proposed Permit: The Washington state department of ecology (ecology) is proposing a new individual permit to regulate the use of imidacloprid for management of burrowing shrimp on commercial oyster and clam beds in Willapa bay and Grays Harbor, a surface water of Washington state. Permit development was requested by the Willapa/Grays Harbor Oyster Growers Association (WGHOGA) to control burrowing shrimp on commercial oyster and clam beds in Willapa Bay and Grays Harbor to aid in the cultivation and harvest of oysters and clams.

Washington's water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Imidacloprid, the pesticide proposed for management of burrowing shrimp is a potential pollutant, and therefore requires a discharge permit before application to surface waters.

The applicant has applied for a sediment impact zone (SIZ) as the proposed discharge will likely impact sediment quality on sediments where the pesticide is applied. A SIZ allows for sediments and sediment dwelling organisms in the treatment areas to be temporarily impacted. A sediment monitoring program will be established to ensure that recovery or recolonization of treatment areas occurs. The applicant requests approval for a SIZ that covers an area of one thousand five hundred acres annually in Willapa Bay and five hundred acres annually in Grays Harbor throughout the term of the permit. If granted by ecology, the SIZ will be incorporated into the discharge permit as a permit condition.

As part of the environmental review necessary under the State Environmental Policy Act, ecology has determined that this proposal is likely to have significant adverse impacts on the environment. A draft environmental impact statement (DEIS) has been prepared. The DEIS, discharge permit and SIZ will be available for review and comment for forty-five days beginning on October 24, through December 8, 2014.

Purpose of the Permit: This permit would allow the management of burrowing shrimp on commercial oyster and clam beds in Willapa Bay and Grays Harbor, using the pesticide imidacloprid. WGHOGA must apply for coverage under this permit prior to implementing burrowing shrimp control activities using imidacloprid.

Copies of the Draft Permit: You may download copies of the draft permit, fact sheet, DEIS, and SIZ application beginning October 24, 2014, from the following web site http://www.ecy.wa.gov/programs/wq/pesticides/imidacloprid/index.html.

The public review period for these documents ends on December 8, 2014.

Ecology Contact: Derek Rockett, Washington State Department of Ecology, P.O. Box 47775, Olympia, WA 98504-7775, phone (360) 407-6697, e-mail derek.rockett@ecy.wa.gov.

Open House, Workshop, and Public Hearing: Ecology will hold one combined open house, workshop, and public hearing on the draft individual permit, DEIS, and SIZ application. The purpose of the workshop is to explain the individual permit, and answer questions in order to facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comment on the proposed permit, DEIS, and SIZ application. Written comments will receive the same consideration as oral testimony. The open house, workshop, and public hearing will begin at 10 a.m. and conclude when public testimony is complete.

Open House, Workshop, and Public Hearing: On December 2, 2014, at 10 a.m., Willapa Harbor Community Center, 916 West First Street, South Bend, WA 98586.

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet, environmental impact analysis, and SIZ application until 5 p.m. (or postmark if mailed), December 8, 2014. Ecology prefers comments be submitted by e-mail. E-mailed comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible.

Submit comments by e-mail to derek.rockett@ecy.wa.gov.

Submit written comments to Derek Rockett, Washington State Department of Ecology, P.O. Box 47775, Olympia, WA 98504-7775.

Ecology must receive e-mail comments by 5 p.m., December 8, 2014. Written comments must be postmarked no later than December 8, 2014.

Issuing the Permit: The final permit will be issued 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 the spring of 2015.