The State of Alaska’s Application to Administer the National Pollutant Discharge Elimination System Program
NOTICE OF PROPOSED ACTION
By the
U.S. Environmental Protection Agency, Region 10
1200 6th Avenue, Suite 900, OWW-130
Seattle, WA 98101-3140
ON THE STATE OF ALASKA’S APPLICATION TO ADMINISTER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
SUMMARY: The State of Alaska has submitted a request for approval of an Alaska version of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 402 of the Clean Water Act (CWA or “the Act”). On June 10, 2008, EPA sent the State its determination that the submission that was received on May 1, 2008, along with revisions received up to June 9, 2008, constitute a complete package under 40 CFR 123.21. With this request, the Alaska Department of Environmental Conservation (ADEC) seeks approval to administer a program regulating discharges of pollutants into waters of the United States under its jurisdiction. The State’s request includes an implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval. If EPA approves the Alaska Pollutant Discharge Elimination System (APDES) program application, the State will administer this program, subject to continuing EPA oversight and enforcement authority, in place of the NPDES program now administered by EPA in Alaska. If approved, EPA will retain NPDES permitting authority and primary enforcement responsibility for the bio-solids program; over facilities operating in the Denali National Park and Preserve pursuant to Alaska Statehood Act Section 11; over facilities discharging in Indian Country as defined in 18 U.S.C. Section 1151; over facilities operating outside state waters (three miles offshore); and over facilities with CWA Section 301(h) waivers.
Today, EPA is requesting comments on the State’s request and is providing notice of public hearings and comment period on that proposal. EPA will either approve or disapprove the State’s request after considering all comments it receives.
PUBLIC COMMENT PERIOD: A 60-day public comment period on the State’s request for approval to administer the proposed APDES program is currently open and will end August 18, 2008. Public comments may be in either paper or electronic format. Send a paper copy of comments to Nina Kocourek, U.S. EPA, Office of Water and Watersheds, Mail Stop OWW-130, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101-3140. Electronic comments need to include the commenter’s postal mailing address and should not include any Confidential Business Information. Send electronic comments to kocourek.nina@epa.gov. In addition, send a duplicate copy of comments to Sharon Morgan, ADEC, P.O. Box 111800, Juneau, AK 99811-1800, e-mail: sharon.morgan@alaska.gov. All comments must be received or post-marked by no later than 11:59 p.m.
PUBLIC HEARINGS: The public hearings will be conducted in accordance with 40 CFR 124.12, and will provide interested parties with the opportunity to provide written and/or oral comments for the official record. Prior to the public hearings EPA and ADEC will provide an educational meeting that includes a technical overview of the federal and state programs. These meetings will be held at the following locations:
July 21, 2008 at the Regency Fairbanks Hotel, 85 10th Avenue, Fairbanks, AK;
- Educational Meeting from 4 to 6 p.m. and Public Hearing from 7 p.m. until all testimony is heard or 10 p.m., whichever is earlier.
July 22, 2008 at Centennial Hall, 101 Egan Drive, Juneau, AK
- Educational Meeting from 4 to 6 p.m. and Public Hearing from 7 p.m. until all testimony is heard or 10 p.m., whichever is earlier.
July 23, 2008 at Howard Johnson Plaza Hotel, 239 W. 4th Avenue, Anchorage AK
- Educational Meeting from 4 to 6 p.m. and Public Hearing from 7 p.m. until all testimony is heard or 10 p.m., whichever is earlier.
Viewing/Obtaining Copies of Documents: Copies of Alaska’s APDES program submission (aka “application”) and all other documents in the official record are available for inspection at the EPA Region 10 Library, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 98101-3140. The EPA Seattle Library hours are 9:00 a.m. to noon and 1:00 p.m. to 2:30 p.m. Monday through Friday, except federal holidays, telephone number (206) 553-1289; and during normal business hours, at the EPA Region 10, Alaska Operations Office, 222 W 7th Avenue, #19, Room 537, Anchorage, AK 99513, telephone number (907) 271-6328. The application can be viewed or downloaded from the EPA website http://www.epa.gov/r10earth/waterpermits.htm.
ADEC will also have copies of the APDES program application available for viewing Monday through Friday, 8:30 a.m. to 4:30 p.m., except Alaska state holidays, at the following ADEC State office locations: 555 Cordova Street, Anchorage, AK 99501-2617; 410 Willoughby Avenue, Suite 303, Juneau, AK 99811-1800; 610 University Drive, Fairbanks, AK 99709; 1700 E Bogard Road #B, Suite 103, Wasilla, AK 99654; and 43335 Kalifonsky Beach, Suite 11, Soldotna, AK 99669. ADEC will also have the APDES program application available on compact disk (CD). To receive a CD from ADEC contact Sharon Morgan at sharon.morgan@alaska.gov or call (907) 465-5530. The application can also be viewed or downloaded from the State of Alaska website http://www.dec.state.ak.us/water/npdes/npdes.htm.
Part or all of the State’s 2,455 page APDES program application may be copied at EPA or at ADEC. ADEC has no copy fee for 200 or fewer pages and charges .20 per page for more than 200 pages. You may also request a copy of all or parts of the application from EPA using the Freedom of Information Act (FOIA) request process. The procedures and costs associated with a FOIA request can be found at the EPA website
http://yosemite.epa.gov/r10/extaff.nsf/webpage/Freedom+of+Information+Act?OpenDocument
A copy of EPA’s Federal Register Notice opening the public comment period and summarizing the APDES program application is accessible on the EPA website http://www.epa.gov/r10earth/waterpermits.htm.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek, kocourek.nina@epa.gov, at U.S. EPA, Office of Water and Watersheds, Mail Stop OWW-130, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101-3140, telephone number: (206) 553-6502; Greg Kellogg, kellogg.greg@epa.gov, U.S. EPA Region 10, Alaska Operations Office, 222 W 7th Avenue #19, Room 537, Anchorage, AK 99513, telephone number: (907) 271-6328.
Disability Reasonable Accommodation Notice:
If you need a reasonable accommodation for a disability, please contact Audrey Washington at 206-553-0523 (voice). TTY/TDD users please dial Washington Relay Service at 1 (800) 833-6388. Please provide one week advance notice for special requests not related to ongoing programs and services.
More information about Alaska's NPDES Authorization Process