[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Notices]
[Pages 4265-4275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2224]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5412-4]


The Pribilof Seafood Processors General NPDES Permit (General 
NPDES Permit No. AK-G52-P000)

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Notice of Final General NPDES Permit.

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SUMMARY: The Director, Office of Water, EPA Region 10, is issuing 
General National Pollutant Discharge Elimination System (NPDES) permit 
no. 

[[Page 4266]]
AK-G52-P000 for seafood processors discharging within three nautical 
miles of the Pribilof Islands, Alaska, pursuant to the provisions of 
the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. The final Pribilof 
seafood processors general NPDES permit authorizes discharges from 
facilities discharging through stationary outfalls on St. Paul and St. 
George Islands, and from mobile vessel discharging within the three 
nautical mile coastal zone of the Pribilof Islands. These facilities 
are engaged in the process of fresh, frozen canned, smoked, salted and 
pickled seafoods. Discharges authorized by the proposed permit include 
seafood processing wastes, process disinfectants, sanitary wastewater 
and other wastewaters, including domestic wastewater, cooling water, 
gray water (vessels only) freshwater pressure relief water, 
refrigeration condensate, water used to transfer seafood to a facility, 
and live tank water. The permit will authorize discharges to waters of 
the United States in and contiguous to the State of Alaska within three 
nautical miles of the Pribilof Islands.
    The permit does not authorize the discharge of processing wastes 
and wastewaters from the production of surimi or fish paste that is 
washed repeatedly in water then pressed to remove residual water or the 
processing of finfish wastes into fish or bone meal. The permit does 
not authorize discharges of petroleum hydrocarbons, toxic pollutants, 
or other pollutants not specified in the permit. The permit does not 
authorize discharges to waters with poor flushing or areas of special 
concern. The areas of special concern include: within three nautical 
miles of Walrus Island year-round, a designated rookery and critical 
habitat of the Steller sea lion; within one-half nautical mile of land 
owned and managed by the U.S. Fish and Wildlife Service (USFWS) for the 
protection of birds and bird nesting areas during the period May 1 
through September 30; within one-half nautical mile of land owned and 
managed by the National Marine Fisheries Service (NMFS) for the 
protection of the northern fur seal rookeries and haulout areas during 
the period May 1 through December 1; and within one-half nautical mile 
of designated Steller sea lion haulouts areas year-round (Seal Lion 
Rock and Northeast Point on St. Paul and Dalnoi Point and South Rookery 
on St. George; and within one-half nautical mile of the Alaska Maritime 
National Wildlife Refuge, Bering Sea Unit.
    This final Pribilof seafood processors general NPDES permit is an 
``interim `` period for two years to provide time to collect field data 
and conduct an effluent monitoring program to determine the impact of 
seafood processing wastes on the marine environment. EPA has determined 
that, on the basis of available information, there will be no 
unreasonable degradation during the two year interim period. Facilities 
authorized to discharge under this final permit will participate in the 
data collection and monitoring program as well as being required to 
comply with all conditions of the permit.
    Notice of the draft Pribilof seafood processors general NPDES 
permit was published October 10, 1995 in the Federal Register [60 FR 
52677] and the Anchorage Daily News and the Dutch Harbor Fisherman.
    The final permit is printed below and establishes effluent 
limitations, standards, prohibitions, monitoring requirements and other 
conditions on discharges from seafood processors in the area of 
coverage. The conditions are based on material contained in the 
administrative record, including an ocean discharge criteria 
evaluation, an environmental assessment, a finding of no significant 
impact, and a biological evaluation of potential effects on threatened 
and endangered species. Changes made in response to public comments are 
addressed in full in a document entitled ``Responses to Public Comments 
on the Proposed Issuance of the Pribilof Seafood Processors General 
NPDES Permit.'' This document is being sent to all commenters, current 
permittees and applicants and is available to other parties from the 
address below upon request.

ADDRESSES: Unless otherwise noted in the permit, correspondence 
regarding this permit should be sent to Environmental Protection 
Agency, Region 10, 1200 Sixth Avenue, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Florence Carroll of EPA Region 10, at 
the address listed above or telephone (206) 553-1760. Copies of the 
final Pribilof Seafood Processors General NPDES Permit will be provided 
upon request to the Region 10 Public Information Center at (206) 552-
1200 or 1-800-424-4372 (available only from the states of Oregon, 
Washington, Idaho, and Alaska).

SUPPLEMENTARY INFORMATION: EPA issues this Pribilof seafood processors 
general NPDES permit pursuant to its authority under Sections 301(b), 
304, 306, 307, 308, 401, 403 and 501 of the Clean Water Act. The fact 
sheet for the draft permit, the response to comments document, the 
ocean discharge criteria evaluation, the biological evaluation, the 
environmental assess, the 401 certification issued by the State of 
Alaska, and the coastal zone management plan consistency determination 
issued by the State of Alaska set forth the principal facts and the 
significant factual, legal and policy questions considered in the 
development of the terms and conditions of the final permit presented 
below.
    The state of Alaska, Department of Environmental Conservation, has 
issued a Certificate of Reasonable Assurance that the subject 
discharges comply with the Alaska State Water Quality Standards.
    The State of Alaska, Office of Management and Budget, Division of 
Governmental Coordination, has certified that the Pribilof seafood 
processors general NPDES permit is consistent with the approved Alaska 
Coastal Management Program.
    Changes have been made from draft permit to the final permit in 
response to public comments received on the draft permit and the final 
coastal management plan consistency determination from the State of 
Alaska.
    The following identifies several specific areas of change, among 
others, which have been embodied in the final permit: applicants for 
new shore-based facilities may apply for a waiver to discharge within 
the one-half mile exclusion zone during the period of May 1 through 
December 1; the limit of production to 1995 levels was changed to 
Notice of Intent projection production levels; the four-hour 
restriction on processing within the exclusion zone was changed to 
allowing mobile vessels to enter the exclusion zone during the period 
of May 1 through December 1 only for safety reasons and to make all 
efforts to avoid any discharges of any pollutants while in the 
exclusion zone; permittees may participate in joint monitoring programs 
as appropriate; and include video or photographic documentation of 
seafloor, sea surface and shoreline monitoring.

Appeal of Permit

    Within 120 days following this service of notice of EPA's final 
permit decision under 40 CFR 124.15, any interested person may appeal 
the Pribilof seafood processors general NPDES in the Federal Court of 
Appeals in accordance with Section 509(b)(1) of the Clean Water Act. 
Persons affected by a general NPDES permit may not challenge the 
conditions of the permit as a right of further EPA proceedings. 
Instead, they may either challenge this permit in court or apply for an 


[[Page 4267]]
individual NPDES permit and then request a formal hearing on the 
issuance or denial of an individual permit.

    Dated: January 23, 1996.
Philip G. Millam,
Acting Director, Office of Water.

Authorizations To Discharge Under the National Pollutant Discharge 
Elimination System for Seafood Processors Within Three Nautical Miles 
of the Pribilof Islands

[General Permit No. AK-G52-P000]

    In compliance with the provisions of the Clean Water Act, 33 U.S.C. 
Sec. 1251 et seq. (hereafter, CWA or the Act), the owners and operators 
of seafood processing facilities engaged in the processing of seafood, 
both mobile vessels and shore-based facilities are authorized to 
discharge seafood processing wastes and other designated wastewaters 
within three nautical miles of St. Paul and St. George Islands, in 
accordance with effluent limitations, monitoring requirements, and 
other conditions set forth herein.
    Upon the effective date of this Permit, it is the controlling 
document for regulation of seafood processing wastes and other 
designated wastewaters discharged within three nautical miles of the 
Pribilof Islands. The General NPDES Permit for Seafood Processors in 
Alaska (AK-G52-0000) which became effective August 4, 1995, is the 
controlling document for applicable waste discharges to waters of the 
United States which surround Alaska and are further than three nautical 
miles from the Pribilof Islands. The former administratively continued 
general permit which expired on October 31, 1994, is no longer valid 
for facilities discharging within three nautical miles of the Pribilof 
Islands as of the effective date of this general permit and receipt of 
authorization to discharge.
    A copy of this General Permit must be kept at the Plant or on the 
vessel where discharges occur.
    This permit becomes effective 30 days after issuance.
    This permit and the authorization to discharge shall expire at 
midnight two years from the effective date of the permit.

    Signed this 23rd day of January, 1996.
Philip G. Millam,
Acting Director, Office of Water, Region 10, U.S. Environmental 
Protection Agency.

Table of Contents

Cover Page

1.0. Basis for Issuing This Permit
    1.1. Ocean Discharge Criteria
    1.2 Permit Issuance
    1.3. Issuance of This Permit
    1.4. Special Condition for Modifying or Revoking This Permit
2.0. Authorized Facilities, Authorized Discharges, Unauthorized 
Discharges, and Excluded Areas
    2.1. Authorized Facilities
    2.2. Authorized Discharges
    2.3. Unauthorized Discharges
    2.4. Excluded Areas
    3.0. Application to be Covered Under This General NPDES Permit
    3.1. Submittal of a Notice of Intent
    3.2. Information to be Submitted in the Notice of Intent
4.0. Effluent Requirements
    4.1. Seafood Wastes and Wastewater Limitations
    4.2. Sanitary Wastes
    4.3. Other Wastewaters
    4.4. State Water Quality Standards
    4.5. Vessel Wastes
    4.6. Discharge Pipe Location and Conditions
5.0. Monitoring
    5.1. Reporting
    5.2. Seafloor Monitoring
    5.3. Sea Surface and Shoreline Monitoring
6.0. Reporting Requirements
    6.1. Quarterly Report
    6.2. Facility Reporting
    6.3. Signatory Requirement
    6.4. Submittal
7.0. Special Conditions and Requirements
    7.1. Discharges from Mobile Vessels
    7.2. Discharges from Stationary Outfalls
    7.3. New Shore-based Facilities
    7.4. Inventory of Waste Streams
    7.5. Pollution Prevention Plan and Implementation
    7.6. Discharge Effluent Sampling
8.0. Reporting and Recording Requirements
    8.1. Records Contents
    8.2. Retention of Records
    8.3. Twenty-four Hour Notice of Noncompliance
    8.4. Other Noncompliance Reporting
9.0. Compliance Responsibilities
    9.1. Duty to Comply
    9.2. Penalties for Violations of Permit Conditions
    9.3. Need to Halt or Reduce Activity Not a Defense
    9.4. Duty to Mitigate
    9.5. Proper Operation and Maintenance
    9.6. Bypass of Treatment Facilities
    9.7. Upset Conditions
    9.8. Planned Changes
    9.9. Anticipated Noncompliance
10.0. General Provisions
    10.1. Permit Actions
    10.2. Duty to Reapply
    10.3. Duty to Provide Information
    10.4. Other Information
    10.5. Signatory Requirements
    10.6. Availability of Reports
    10.7. Inspection and Entry
    10.8. Oil and Hazardous Substance Liability
    10.9. Property Rights
    10.10. Severability
    10.11. Transfers
    10.12. State Laws
    10.13. Reopener Clause
11.0. Definitions

1.0. Basis for Issuing This Permit

1.1. Ocean Discharge Criteria

    The Ocean Discharge Criteria establishes guidelines for issuance of 
NPDES permits for the discharge of pollutants from a point source into 
the territorial seas, the contiguous zone, and the oceans (40 CFR 125 
Subpart M).
    EPA must determine whether a discharge will cause unreasonable 
degradation of the marine environment based on various considerations 
including bioaccumulation or persistence of pollutants to be 
discharged; the potential transport of such pollutants by biological, 
physical, or chemical processes; the composition and vulnerability of 
the biological communities which may be exposed to such pollutants; the 
importance of the receiving water area to the surrounding biological 
community; the existence of special aquatic sites * * * any applicable 
requirements of an approved Coastal Zone Management plan. * * *

1.2. Permit Issuance

    If EPA has insufficient information to determine prior to permit 
issuance that there will be no unreasonable degradation of the marine 
environment, there shall be no discharge of pollutants to the marine 
environment unless, on the basis of available information, EPA 
determines that:
    Such discharge will not cause irreparable harm to the marine 
environment during the period in which monitoring is undertaken, and
    There are no reasonable alternatives to on-site disposal of 
materials, and
    The discharge will be in compliance with all permit conditions.
    In addition, all permits which authorize the discharge of 
pollutants into the marine environment shall:
    Require that a discharge of pollutants will be in compliance at the 
edge of any mixing zone and not exceed the Ocean Dumping Criteria;
    Specify a monitoring program which is sufficient to assess the 
impact of the discharge on water, sediment and biological quality;
    Contain any other conditions including bioaccumulation tests, 
seasonal discharge, process modification, or dispersion of pollutants.

1.3. Issuance of this Permit

    EPA has determined that this Permit can be issued based on the 
available information that there will be no unreasonable degradation of 
the marine environment. The monitoring program, including sea floor, 
sea surface and shoreline, and effluent sampling in this 

[[Page 4268]]
Permit will allow for data to be gathered and the Permit conditions 
will protect the marine environment during the two years this Permit 
will be in effect.

1.4. Special Condition for Modifying or Revoking this Permit

    This Permit shall be modified or revoked at any time if, on the 
basis of any new data, EPA determines that continued discharges may 
cause unreasonable degradation of the marine environment.

2.0. Authorized Facilities, Authorized Discharges, and Excluded 
Areas

2.1. Authorized Facilities

    The following facilities, upon receipt and approval of complete and 
timely NOIs, are authorized to discharge under this general permit:
    .2.11. Shore-based. Owners and operators of the seafood processing 
facilities including moored floating or mobile barges that currently 
discharge through stationary outfalls on St. Paul and St. George 
Islands, provided they comply with the requirements of Section 7.2 and 
all other applicable conditions of this Permit.
    2.1.2. Vessels. Owners and operators of mobile seafood processing 
vessels that operate within three nautical miles of St. Paul, St. 
George, or Otter Islands (see Section 2.4.2.1 for restrictions around 
Walrus Island), provided they comply with all applicable conditions of 
this Permit.

2.2. Authorized Discharges

    This Permit authorizes the discharge of the following pollutants 
subject to the limitations and conditions set forth herein:
    2.2.1. Seafood processing wastes, except wastes from the production 
of surimi and/or fish paste that is washed repeatedly in water then 
pressed to remove residual water or the processing of seafood wastes 
into fish or bone meal;
    2.2.2. Process disinfectants:
    2.2.3. Sanitary wastewaters: and
    2.2.4. Other wastewaters, including domestic wastewater, cooling 
water, boiler water, gray water (vessels only), freshwater pressure 
relief water, refrigeration condensate, water used to transfer seafood 
to the facility, and live tank water.

2.3. Unauthorized Discharges

    The discharges of wastes and pollutants not specifically set out 
above are not authorized under this Permit.

2.4. Excluded Areas

    This Permit does not authorize the discharge of pollutants in the 
following circumstances and areas:
    2.4.1. Poor Flushing. Areas that are likely to have poor flushing 
(see definition in Section 11), including, but not limited, to 
sheltered water bodies such as bays, harbors, inlets, coves, and 
lagoons.
    2.4.2. Areas of Special Concern. These areas include rookeries, 
haulout areas and designated critical habitat, including, but not 
limited to, the following:
    2.4.2.1. Within three nautical miles of Walrus Island, a designated 
rookery and critical habitat of the Steller sea lion;
    2.4.2.2. Within one-half nautical mile of the following:
     land owned and managed by the U.S. Fish & Wildlife Service 
(USFWS) for the protection of birds and bird nesting areas during the 
period May 1 through September 30;
      land owned and managed by the National Marine Fisheries 
Service (NMFS)) for the protection of the northern fur seal rookeries 
and haulout areas during the period May 1 through December 1; and
      designated Steller sea lion haulout areas year-round (Sea 
Lion Rock and Northeast Point on St. Paul and Dalnoi Point and South 
Rookery on St. George); and the
      Alaska Maritime National Wildlife Refuge, Bering Sea 
Unit.

3.0. Application to be Covered Under This General NPDES Permit

    In order to be authorized to discharge any of the pollutants set 
out in Section 2.2 to waters of the St. Paul and St. George coastal 
zones under this general permit, seafood processors must apply for 
coverage. This general NPDES permit does not authorize any discharges 
from facilities that have not applied for and received authorization to 
discharge within three nautical miles of St. Paul and St. George 
Islands.

3.1. Submittal of a Notice of Intent

    An applicant wishing authorization to discharge under this Permit 
shall submit a timely and complete Notice of Intent (NOI) to EPA and 
ADEC in accordance with the requirements listed below. A qualified 
applicant will be authorized to discharge under this Permit upon 
written notification from EPA and the returned receipt of the signed 
U.S. Postal Certified Mail card. EPA's written notification will 
include assignment of an NPDES permit number designating coverage under 
the Pribilof Seafood General Permit.
    Coverage under the Alaska Seafood General Permit No. AK-G52-0000, 
effective August 4, 1995, does not extend to operations and discharges 
within three nautical miles of the Pribilof Islands.
    In compliance with the Paperwork Reduction Act, 44 U.S.C. Sec. 1501 
et. seq., the Office of Management and Budget has approved the 
information in a Notice of Intent for permit application (OMB 2040-
008).
    3.1.1. Timely NOI. Permittees previously permitted under the 
Seafood General Permit AK-G52-0000 must submit a timely and complete 
NOI for coverage under the Pribilof Seafood General Permit within 30 
days after the issuance date of this Permit.
    3.1.2. New Applicant. A new applicant must submit an NOI at least 
60 days prior to commencement of operating and discharging within the 
coastal zones of St. Paul and St. George Islands. (See also Section 
7.4.)
    3.1.3. NOI Update. A permittee authorized to discharge under this 
Permit shall submit to EPA and ADEC an updated NOI when there is any 
material change in the information submitted in the original NOI 
including a proposed increase in the amount of production, additional 
species of seafood to be processed, and additional types of finished 
product. Any changes to the original NOI requires a 60 day prior notice 
period to EPA and ADEC. After consultation with ADEC and the Coastal 
Zone Management Program EPA will notify the permittee of approval or 
disapproval.
    3.1.4. Individual Permit Requirement. EPA may require any 
discharger applying for coverage under this general NPDES permit to 
apply for and obtain an individual NPDES permit in accordance with the 
40 CFR 122.28(b)(3).
    3.1.5. Submittal. An applicant shall submit the NOI to:

U.S. Environmental Protection Agency, Region 10, NPDES Compliance Unit 
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101, and
Alaska Department of Environmental Conservation,Attn: Water Permits,555 
Cordova Street,Anchorage, Alaska 99501

3.2. Information to be Submitted in the Notice of Intent

    3.2.1. Previous NPDES Number. The NOI shall include any previous 
NPDES number(s) assigned to the facility or vessel and the ADEC seafood 
processor license number.
    3.2.2. Owner Information. The NOI shall include the name and the 
complete address and telephone number of the owner of the facility or 
vessel and the name of its duly authorized representative. If a FAX 
machine is 

[[Page 4269]]
available at this address, it is useful to provide a FAX number.
    3.2.3. Managing Company. The NOI shall include the name and the 
complete address and telephone number of the managing company of the 
facility or vessel and the name of its duly authorized representative. 
If a FAX machine is available at this address, it is useful to provide 
a FAX number.
    3.2.4. Facility or Vessel Information. The NOI shall include the 
name, address, and telephone number of the facility or vessel. If the 
name of the facility or vessel has changed during the last five years, 
the NOI shall include the previous name(s) of the facility and the 
date(s) of these changes. If a FAX machine is available at this 
address, it is useful to provide a FAX number.
    3.2.4.1. For a shore-based facility, the NOI shall include a 
description of the physical location of the facility, the location of 
the outfall terminus using the Global Positioning System (GPS), and the 
length of the outfall from shoreline to terminus.
    3.2.4.2. For a mobile facility, the NOI shall include the U.S. 
Coast Guard (USCG) vessel number, the type, length and date of purchase 
of the vessel.
    3.2.4.3. The NOI shall include and estimate of the number of 
seasonal and annual employees of the facility or on the vessel.
    3.2.5. Projected Production. The NOI shall include projected 
production data based upon historical operations and design capacity on 
a daily and annual basis. Production data includes an identification of 
the process applied to the product, the name and quantity of the raw 
product(s) by species, the type of the finished product(s), the amount 
of the finished product(s), and the maximum quantity of each raw 
product which can be processed in a 24-hour day. The NOI shall also 
include the projected number of operating days by month for the 
facility or vessel.
    3.2.6. Discharge Information. The NOI shall include information 
concerning all the discharges from the facility or vessel.
    3.2.6.1. The NOI shall identify the type and capacity (by gallons) 
of the sanitary wastewater treatment system (other than a municipal 
system) on site or on the vessel.
    3.2.6.2. The NOI shall include a list of the number, type, waste 
solids weights, and wastewater volumes of each discharge and the 
maximum quantity of process wastes which can be produced in a 24-hour 
day.
    3.2.6.3. The NOI shall include specific information on type and 
amounts of process disinfectants, domestic wastewater cooling water, 
boiler water, refrigeration condensate, transfer water, gray water, 
live tank water, and freshwater pressure relief water.
    3.2.7. Signatory Requirement. All NOIs shall be signed by a 
principal corporate officer or duly appointed representative according 
to Section 10.5.

4.0. Effluent Requirements

4.1. Seafood Wastes and Wastewater Limitations

    4.1.1. Amount of Seafood Waste Discharged. The volume or weight of 
seafood process wastes discharged on a daily or annual basis shall not 
exceed the amount reported in the Notice of Intent to be Covered under 
this Permit.
    4.1.2. Treatment and Limitation of Seafood Wastes. All seafood 
process wastes shall be routed through a waste-handling system which 
prevents the discharge of waste solids of greater than one-half (0.5) 
inch in any dimension.
    4.1.2.1. Incidental discharges from scuppers or floor drains must 
be routed through the waste-handling system or screened to 0.5 inch in 
any dimension.
    4.1.2.2. Each permittee shall conduct a daily visual inspection of 
the waste-handling system, including a close observation of the sump or 
other place of observation for, and removal of, gloves, earplugs, 
rubber bands, or other equipment used in processing seafood that may be 
discharged through the outfall. Discharge of such items is prohibited. 
Logs of this daily inspection are to be kept at the facility or on 
board the vessel. Summaries of positive reports shall be submitted with 
the quarterly report.
    4.1.2.3. There shall be no discharge of oily water or oily wastes 
that may or may not produce a sheen on the water surface, grease, foam, 
or floating solids.
    4.1.2.4. No wastes shall accumulate on the shoreline nor float on 
the receiving water surface.

4.2. Sanitary Wastes

    All sanitary wastes shall be routed through a sanitary waste 
treatment system. Sanitary wastes must be either:
    4.2.1. Discharged to a shore-based septic system or a municipal 
wastewater treatment system, provided that the system is designed and 
capable of properly treating and handling the type and volume of 
sanitary wastes generated by seafood processing operations; or
    4.2.2. If a USCG-licensed vessel, routed through a sanitary waste 
system that meets the applicable Coast Guard pollution control 
standards then in effect [33 CFR 159: ``Marine sanitary devices''] and 
discharged in accordance with Coast Guard regulations. Malfunctioning 
and undersized systems are prohibited.

4.3. Other Wastewaters

    There shall be no discharge of any other such wastewaters that 
contain foam, floating solids, grease, or oily wastes which may or may 
not produce a sheen on the water surface, no wastes which deposit 
residues which accumulate on the shoreline or seafloor. Wastewaters 
that have not had contact with seafood processing wastes are not 
required to be discharged through the seafood processing waste-handling 
system. However, all discharges of transfer water, refrigerated sea 
water, and live tank water shall be discharged below the surface of any 
receiving waters.

4.4. State Water Quality Standards

    Discharges shall not violate Alaska Water Quality Standards [18 ACC 
Part 70] including, but not limited to, floating or suspended residues, 
dissolved oxygen, oil and grease, fecal coliform, pH, temperature, 
color, turbidity, and total residual chlorine.

4.5. Vessel Wastes

    Vessels must comply with 33 CFR 151 (``Vessels carrying oil, 
noxious liquid substances, garbage, municipal or commercial wastes, and 
ballast water'').

4.6. Discharge Pipe Location and Condition

    4.6.1. Process wastes from shore-based facilities or vessels 
discharging through stationary outfalls shall be discharged at least 
twenty (20) feet at MLLW below the sea surface.
    4.6.2. Process wastes from mobile vessels shall be discharged at 
least three (3) feet below the sea surface at MLLW (except for mobile 
vessels that have through-the-hull discharge points).
    4.6.3. There shall be no discharge if the outfall line is severed, 
fails, leaks, or is displaced from designed specifications or location.

5.0. Monitoring

5.1. Reporting

    5.1.2. Purpose. Discharges shall be monitored to the extent 
necessary to develop and submit timely and accurate quarterly reports. 
(See Section 6.1.)

5.2. Seafloor Monitoring

    5.2.1. Purpose. The seafloor monitoring program is to determine 
compliance with the Alaska water quality standards for settleable 
residues in marine waters. Alaska Administrative Code Part 18--70.020 
states that ``(settleable residues) shall not * * * cause a sludge, 
solids, or emulsion to be deposited * * * on the bottom.''
    5.2.2. Objective. The seafloor monitoring program shall determine 
the 

[[Page 4270]]
areal extent (in square feet) of the continuous deposit of sludge, 
solids, or emulsion from seafood processing wastes on the seafloor 
bottom that persists through a year.
    5.2.3. Applicability. All permittees covered under this Permit 
shall participate in a seafloor survey at least once during the period 
this Permit is in effect.
    5.2.4. Method. The seafloor survey shall include the following 
elements:
    5.2.4.1. Areal extent in square feet of any accumulation of seafood 
wastes;
    5.2.4.2. Description of the size of particles making up the waste 
pile, the percentage of particles exceeding 0.5 inch in any dimension, 
and kind of wastes;
    5.2.4.3. Description of the methodology used by the surveyor 
including transects and location devices;
    5.2.4.4. Description of marine fauna and flora near the survey 
area;
    5.2.4.5. Dates, time, tidal movements, weather conditions, name and 
signature of surveyor, name of company, the name of the mobile vessel, 
and NPDES permit number(s); and
    5.2.4.6. Video and/or other photographic documentation of any 
findings.
    5.2.5. Stationary Outfalls. Shore-based facilities or vessels 
discharging through stationary outfalls shall conduct an annual survey 
after April 1 but no later than May 15.
    5.2.6. Mobile Vessels. Within 18 months from the effective date of 
this Permit, mobile vessels that have anchored and operated in the 
following areas shall conduct a survey after April 1 but no later than 
May 15:
    5.2.6.1. The survey shall include the following areas on St. Paul: 
approximately 0.5 nautical mile from shoreline of Lukanin Bay from 
Stony Point to Reef Point, Zolotoi Bay, Village Cove, English Bay from 
Tolstoi Point to Zapadni Point, and southwestward on the northern side 
of Northeast Point. Identification of where mobile vessels have been 
anchored for processing shall be done during the survey design to focus 
on the specific areas of discharge.
    5.2.6.2. This requirement for mobile vessels to conduct a seafloor 
survey may be satisfied by arranging with others to participate in a 
joint survey.
    5.2.6.3. If no wastes have accumulated in the designated survey 
areas (see Section 5.2.6.1), EPA in consultation with ADEC and the 
Coastal Zone Management Program may consider whether subsequent surveys 
by the mobile vessels will be necessary.
    5.2.7. Submittal. The seafloor survey report signed by the diver 
and company representative shall be submitted 30 days following the 
completion of the survey but no later than June 30 of each year.

5.3. Sea Surface and Shoreline Monitoring

    5.3.1. Purpose. The sea surface and shoreline monitoring program is 
to determine compliance with the Alaska water quality standards for 
floating residues in marine waters. Alaska Administrative Code Part 
18--70.020 states that ``(floating solids, debris, foam and scum) shall 
not * * * cause a film, sheen, or discoloration on the surface of the 
water * * * or cause a sludge, solid or emulsion to be deposited * * * 
upon adjoining shorelines.
    5.3.2. Objective. The sea surface and shoreline monitoring program 
is to provide daily assessment during periods of operation and 
discharge: for the sea surface monitoring an estimate of the areal 
extent of continuous films, sheens, or persistent mats of foam; for the 
shoreline an estimate of the areal extent of deposits of seafood waste 
solids on the adjacent shore.
    5.3.3. Applicability. All permittees covered under this Permit 
shall participate in a sea surface and shoreline monitoring program 
during all periods of operation and discharge.
    5.3.3.1. Shore-based facilities shall include the harbor areas that 
are adjacent to their facilities as well as observations of the 
shorelines nearest to outfall location.
    5.3.3.2. Mobile vessels shall conduct sea surface monitoring around 
and adjacent to their individual vessels.
    5.3.3.3. Shore-based facilities and mobile vessels may participate 
in a joint survey of appropriate shoreline areas adjacent to where 
mobile vessels are anchored.
    5.3.4. Method. This monitoring program shall include a description 
of the observation method and equipment used, the name of the surveyor, 
and points of observation. The report of positive observations shall 
include the date and time of observation, an estimate of the area of 
scum, sheen, film or foam on the sea surface, and/or the area of 
sludge, solids, emulsion or scum deposited on the shoreline. 
Photographs, video, or other visual documentation of positive 
observations are required.
    5.3.5. Submittal. The report of any positive observations shall be 
submitted to EPA and ADEC with the quarterly report described in 
Section 6 and also reported as noncompliance according to Section 8.3.
    5.3.6. Waiver. Individual monitoring days may be waived upon 
notification by FAX to EPA and ADEC (see Section 6.4 below) due to 
conditions (e.g., weather or sea conditions) which make this monitoring 
hazardous to human health and safety.

6.0. Quarterly Reporting Requirements

6.1. Schedule

    Reporting shall be on a calendar quarter basis; reports are due by 
the end of the month following any quarter processing occurs in the 
Pribilof Islands (e.g., January-March report due no later than the 30th 
of April).
    6.1.1. No Processing. Permittee shall notify EPA and ADEC when no 
processing occurs during any quarter in the Pribilof Islands, either 
with the most recent quarterly report or at the end of each quarter.

6.2. Facility Reporting

    6.2.1. Mobile vessels shall report the following:
    6.2.1.1. Daily GPS log of anchored location or locations while 
processing; this log to be submitted in both map-charted and written 
form;
    6.2.1.2. Processing data including number of pounds of raw product 
processed per day, number of pounds of finished product, and number of 
pounds of unused seafood returned to the waters or otherwise disposed 
of (i.e., ocean disposal); and
    6.2.1.3. Positive observations of the sea surface and shoreline 
monitoring program as described in Section 5.3. above.
    6.2.2. Shore-based facilities or vessels discharging through 
stationary outfalls shall report the following:
    6.2.2.1. Processing data including number of pounds of raw product 
processed per day, number of pounds of finished product, and number of 
pounds of unused seafood and by-catch discharged through the outfall;
    6.2.2.2. Positive observations of the sea surface and shoreline 
monitoring program as described in Section 4.3.2 above; and
    6.2.2.3. Amount, type, and location of wastes disposed of by ocean 
dumping as described in Section 7.2.3.

6.3. Signatory Requirement

    A permittee shall ensure that the quarterly report is signed by a 
principal officer or a duly appointed company representative according 
to Section 10.5.

6.4. Submittal

    The quarterly reports shall be submitted to EPA and ADEC. Reports 
may sent via FAX or mailed to the locations below:

Environmental Protection Agency, Region 10, NPDES Compliance Unit 

[[Page 4271]]
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101, FAX 206-553-1280, 
Attn: NPDES Compliance Unit and
Alaska Department of Environmental Conservation, Attn: Major 
Facilities, 555 Cordova Street, Anchorage, Alaska 99501, FAX 907-269-
7652, Attn: Water Permits

7.0. Special Conditions and Requirements

 7.1. Discharges from Mobile Vessels

    During the period of May 1 to December 1, no discharge of seafood 
wastes or any other wastewaters authorized by this Permit shall occur 
within the one-half nautical mile of the exclusion zone described in 
Section 2.4.2.2 except as provided by Section 7.1.1.
    7.1.1. Safety Exception. Notwithstanding the provisions of Section 
2.4.2.2, mobile processing vessels may anchor within the one-half 
nautical mile exclusion zone when conditions exist that would threaten 
the safety of the vessel or there is no other location that is 
reachable for safety of the vessel.
    7.1.2. Processing and Transit in the Exclusion Zone. Mobile vessels 
shall make all efforts to halt discharge of seafood wastes, wastewaters 
including sewage, gray water, deck or processing area wash down, net 
washing, bilge water, and other unnecessary materials to avoid unwanted 
or accidental discharges. Mobile vessels shall also avoid refueling 
within the exclusion zone except for emergency conditions.
    7.1.3. Location Reporting. When any processing vessel enters the 
one-half nautical mile exclusion zone, the permittee must report their 
location by GPS and the reason for being in the exclusion zone to each 
of the following: EPA--FAX (206) 553-1280 or telephone (206) 553-1846; 
ADEC--FAX (907) 269-7652 or telephone (907) 269-7500; St. Paul--FAX 
(907) 546-3194 or telephone (907) 546-3179; or St. George--FAX (907) 
829-2212 or telephone (907) 859-2263; and Local harbor master/public 
safety office by radio.
    7.1.4. Excluded Area Discharge. Mobile vessels must notify EPA and 
ADEC within 24 hours, either by telephone (206) 553-1846 or (907) 269-
7500, respectively) or by FAX (see Section 7.1.3 above) if any 
discharge of seafood wastes or any other discharge authorized or not, 
occurs during the period of May 1 through December 1 within the one-
half nautical mile exclusion zone. Any such report must conform to the 
requirements in Section 8.3 below, and include an official Bering Sea 
weather report.

7.2. Discharges from Stationary Outfalls

    Notwithstanding the provisions of Section 2.4.2.2, the facilities 
previously permitted (under the Alaska Seafood General Permit AK-G52-
0000 issued October 1989) to discharge from the three existing 
stationary outfalls on St. Paul and the one existing stationary outfall 
on St. George will be allowed, provided that each facility submit a 
complete and timely NOI and receive approval from EPA for the 
continuing discharge and comply with the following conditions:
    7.2.1. Sea Surface and Shoreline Monitoring. There shall be no 
evidence of wastes on the sea surface or shoreline and that the sea 
surface and shoreline monitoring program is conducted according to 
Section 5.3 during the period of May 1 though December 1.
    7.2.2. Exceedance of Discharge Levels. Discharges resulting from 
processing of wastes through the stationary outfalls during the period 
of May 1 and December 1 shall not exceed the daily projected production 
levels submitted in the NOI and authorized by EPA. Processing waste 
solids exceeding this limitation shall be barged to an acceptable ocean 
dumping area.
    7.2.3. Ocean Disposal. Finfish and crab wastes ground to 0.5 inch 
and unground snail wastes and shells may be disposed of by dumping the 
wastes into depths of at least 45-50 fathoms and at least 7 nautical 
miles west of St. Paul and at least 3 miles west of St. George.
    7.2.3.1. Disposal must be done while the vessel is underway. No 
disposal shall occur if marine mammals are observed in the disposal 
area.
    7.2.3.2. A log shall be kept of the disposal operations and include 
the following information:
     dates and start/stop time of each disposal occurrence,
     description and approximate volume of the material being 
dumped,
     the location (GPS) where dumped, and
     notation of weather and wind conditions in the area and 
Beaufort Sea state.
    7.2.3.3. A copy of the log is to be submitted to EPA with the 
quarterly report.

7.3. New Shore-Based Facilities

    Any new applicants seeking authorization under this Permit to 
discharge seafood wastes and other designated wastewaters from a shore-
based facility must meet the requirements of Section 2.4 or submit the 
following information in a request for a waiver of Section 2.4:
    7.3.1. Submit a Notice of Intent to be covered under this Permit in 
accordance with Section 3, including a detailed map showing the 
proposed facility's precise location of the outfall, engineering design 
of the outfall, receiving water bathymetry, any tidal or current 
information, surrounding upland topography and any protected water 
resources and special habitats.
    7.3.2. Describe in detail the circumstances requiring discharges to 
the exclusion zone; the alternatives to discharging within the 
exclusion zone; and a detailed description of the nature, magnitude and 
duration of the seafood processing operation and its discharges.
    7.3.3. Complete the Inventory of Waste Streams.
    7.3.4. Develop a pollution prevention plan covering all aspects of 
pollution potential of the facility.
    7.3.5. Develop and commit to best management practices for seafood 
waste minimization, water usage reduction, and pollution control.
    7.3.6. Prepare a proposed seafloor, sea surface and shoreline 
monitoring program and an effluent sampling plan.
    7.3.7. Consult (in writing) with NMFS and USFWS about areas of 
concerns and critical habitats.
    A waiver to Section 2.4 will not be granted until after EPA 
consults with ADEC and other appropriate government offices to 
determine that the proposed discharge will comply with applicable state 
and federal laws and regulations and the State-approved Coastal Zone 
Management Plan.

7.4. Inventory of Waste Streams

    7.4.1. Purpose. The inventory is to determine all of the waste 
streams generated by operating and maintaining a seafood processing 
facility or processing vessel that could potentially be discharged 
within the coastal zone of the Pribilof Islands.
    7.4.2. Objective. The inventory shall identify the waste streams, 
which are a result of receiving and processing seafood, providing 
dormitory and galley services, and also the products used in the 
maintaining facility or the vessel. These products may include, but not 
be limited to, sanitizing chemicals, general cleaning detergents 
(including laundry and kitchen) and solvents, engine room chemicals, 
painting wastes, hazardous materials, machine shop solvents, and 
stormwater runoff. Waste reduction and pollution prevention are the 
ultimate objectives of this activity. The inventory shall also include 
the identification of environmentally safe products that 

[[Page 4272]]
could be substituted for those that may pose a threat to the 
environment.
    7.4.3. Applicability. All permittees covered under this Permit 
shall participate in the inventory of waste streams. This requirement 
is on a facility by facility or vessel by vessel basis.
    7.4.4. Schedule. The inventory of waste streams shall be completed 
90 days after this Permit is effective.
    7.4.5. Submittal. A permittee shall submit to EPA a written summary 
of the waste streams examined, a list of products found in each waste 
stream along with any identified hazardous substance used in the 
facility or on the vessel, and the substitution of environmentally safe 
products for those identified as potentially detrimental products. This 
summary shall be accompanied by written certification, signed by the 
principal officer or a duly appointed representative of the permittee, 
of the completion of the inventory and the substitution or changes to 
more environmentally safe products.

7.5. Pollution Prevention Plan and Implementation

    7.5.1. Purpose. Pollution prevention is to minimize any and all of 
the undesirable effects a processing facility or vessel may have on the 
environment of the water and air and the birds and animals sharing the 
marine and terrestrial habitats within the coastal zone of the Pribilof 
Islands.
    7.5.2. Objective. Pollution prevention is for maximum reduction of 
waste streams including reduction of processing wastes through 
recycling, responsible disposal, and use and substitution of 
environmentally safe products when and where ever possible.
    7.5.3. Applicability. All permittees covered under this Permit 
shall participate in preparing and implementing a pollution prevention 
plan. Companies with multiple facilities or vessels operating in the 
Pribilof Islands may fulfill this requirement by preparing one plan to 
cover their Pribilof facilities or vessels; but must certify that each 
facility or vessel has implemented the plan. Records of pollution 
prevention must be kept at each facility or on board each vessel.
    7.5.4. Schedule. The pollution prevention plan shall be completed 
120 days after this Permit is effective and implemented 180 days after 
this Permit is effective.
    7.5.5. Documentation. Each facility or vessel shall have a copy of 
the pollution prevention plan at each facility or on board each vessel. 
Implementation records shall be available to EPA and ADEC upon request.
    7.5.6. Submittal. A permittee shall submit to EPA written 
certification, signed by principal officer or a duly appointed 
representative of the permittee, of the completion and implementation 
of the pollution prevention plan.

7.6. Discharge Effluent Sampling

    All facilities that are authorized to discharge under this Permit 
shall be required to sample their discharge effluent at least once 
during the effective period of this Permit,
    Selection of what will be sampled will be based on pollutants that 
may be identified through the inventory of waste streams, the known 
pollutants found in seafood processing and associated wastewaters, and 
other identified pollutants of concern. Protocols, procedures, and 
methods for sampling, analysis, and submittal of results will be 
relayed to each permittee under the requirements of 33 U.S.C. Sec. 1318 
(Request for Information).

8.0. Reporting and Recording Requirements

8.1. Records Contents

    8.1.1. Effluent Monitoring Records. All effluent monitoring records 
shall bear the hand-written signature of the person who prepared them. 
In addition, all records of monitoring information shall include:
    8.1.1.1. The date, exact place, and time of sampling or 
measurements;
    8.1.1.2. The names of the individual(s) who performed the sampling 
or measurements;
    8.1.1.3. The date(s) analyses were performed;
    8.1.1.4. The names of the individual(s) who performed the analyses;
    8.1.1.5. The analytical techniques or methods used; and
    8.1.1.6. The results of such analyses.

8.2. Retention of Records

    8.2.1. Monitoring Information. A permittee shall retain records of 
all monitoring information, including but not limited to, all 
calibration and maintenance records, copies of all reports required by 
this Permit, a copy of the NPDES Permit, and records of all data used 
to complete the application for this Permit, for a period of at least 
five years from the date of the sample, measurement, report or 
application, or for the term of this Permit, whichever is longer. This 
period may be extended by request of the Director or ADEC at any time.

8.3. Twenty-four Hour Notice of Noncompliance Reporting

    8.3.1. Telephone or FAX. A permittee shall report the following 
occurrences of noncompliance to the NPDES Compliance Unit by telephone 
(206) 553-1846 or FAX (206) 553-1280 within 24 hours from the time a 
permittee becomes aware of the circumstances:
    8.3.1.1. Any noncompliance that may endanger health or the 
environment;
    8.3.1.2. Any unanticipated bypass that results in or contributes to 
an exceedance of any effluent limitation in this Permit;
    8.3.1.3. Any upset that results in or contributes to an exceedance 
of any effluent limitation in this Permit; or
    8.3.1.4. Any violation of a maximum daily discharge limitation for 
any of the pollutants listed in this Permit.
    8.3.2. Written Report. A permittee shall also provide a written 
submission within five days of the time that a permittee becomes aware 
of any event required to be reported under Section 8.3.1. above. The 
written submission shall contain:
    8.3.2.1. A description of the noncompliance and its cause;
    8.3.2.2. The period of noncompliance, including exact dates and 
times;
    8.3.2.3. The estimated time noncompliance is expected to continue 
if it has not been corrected; and
    8.3.2.4. Steps taken or planned to reduce, eliminate, and prevent 
reoccurrence of the noncompliance.
    8.3.3. Written Report Waiver. The Director may waive the written 
report on a case-by-case basis if the oral report has been received 
within 24 hours by the NPDES Compliance Unit in Seattle, Washington, by 
telephone or FAX.
    8.3.4. Submittal. Written reports shall be submitted to:
U.S. Environmental Protection Agency, Region 10, NPDES Compliance Unit 
OW-135, 1200 Sixth Avenue, Seattle, Washington 98101 and
Alaska Department of Environmental Conservation, Attn: Water Permits, 
555 Cordova Street, Anchorage, Alaska 99503

8.4. Other Noncompliance Reporting

    A permittee shall document all instances of noncompliance, other 
than those specified in Section 8.3.1, and submit a written report with 
the quarterly report.

9.0. Compliance Responsibilities

9.1. Duty To Comply

    A permittee shall comply with all conditions of this Permit. Any 
permit noncompliance constitutes a violation 

[[Page 4273]]
of the Act and is grounds for enforcement action, for permit 
termination, revocation and reissuance, or modification, or for denial 
of a permit renewal application. A permittee shall give reasonable 
advance notice to the Director and ADEC of any planned changes in the 
permitted facility or activity that may result in noncompliance with 
permit requirements.

9.2. Penalties for Violations of Permit Conditions

    9.2.1. Civil and Administrative Penalty. Sections 309(d) and 309(g) 
of the Act provide that any person who violates a permit condition 
implementing CWA Secs. 301, 302, 306, 307, 308, 318, or 405 shall be 
subject to a civil or administrative penalty, not to exceed $25,000 per 
day for each violation.
    9.2.2. Criminal Penalties:
    9.2.2.1. Negligent violations. Section 309(c)(1) of the Act 
provides that any person who negligently violates a permit condition 
implementing CWA Secs. 301, 302, 306, 307, 308, 318, or 405 shall be 
punished by a fine of not less than $2,500 nor more than $25,000 per 
day of violation, or by imprisonment for not more than 1 year, or by 
both.
    9.2.2.2. Knowing violations. Section 309(c)(2) of the Act provides 
that any person who knowingly violates a permit condition implementing 
CWA Secs. 301, 302, 306, 307, 308, 318, or 405 shall be punished by a 
fine of not less than $5,000 nor more than $50,000 per day of 
violation, or by imprisonment for not more than 3 years, or by both.
    9.2.2.3. Knowing endangerment. Section 309(c)(3) of the Act 
provides that any person who knowingly violates a permit condition 
implementing CWA Secs. 301, 302, 303, 306, 307, 308, 318, or 405, and 
who knows at that time that he thereby places another person in 
imminent danger of death or serious bodily injury, shall, upon 
conviction, be subject to a fine of not more than $250,000 or 
imprisonment of not more than 15 years, or both. A person that is an 
organization shall be subject to a fine of not more than $1,000,000.
    9.2.2.4. False statements. Section 309(c)(4) of the Act provides 
that any person who knowingly makes any false material statement, 
representation, or certification in any application, record, report, 
plan, or other document filed or required to be maintained under this 
Act or who knowingly falsifies, tampers with, or renders inaccurate any 
monitoring device or method required to be maintained under this Act, 
shall be punished by a fine of not more than $10,000, or by 
imprisonment for not more than 2 years, or by both.
    Except as provided in Permit conditions in Section 8.6 (``Bypass of 
Treatment Facilities'') and Section 8.7 (``Upset Conditions''), nothing 
in this Permit shall be construed to relieve a permittee of the civil 
or criminal penalties for noncompliance.

9.3. Need To Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
Permit.

9.4. Duty To Mitigate

    A permittee shall take all reasonable steps to minimize or prevent 
any discharge in violation of this Permit that has a reasonable 
likelihood of adversely affecting human health or the environment.

9.5. Proper Operation and Maintenance

    A permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) that are installed or used by a permittee to achieve 
compliance with the conditions of this Permit. Proper operation and 
maintenance also includes adequate laboratory controls and appropriate 
quality assurance procedures. This provision requires the operation of 
back-up or auxiliary facilities or similar systems only when the 
operation is necessary to achieve compliance with the conditions of 
this Permit.

9.6. Bypass of Treatment Facilities

    9.6.1. Bypass not exceeding limitations. A permittee may allow any 
bypass to occur that does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the provisions 
of the following sections.
    9.6.2. Notice.
    9.6.2.1. Anticipated bypass. If a permittee knows in advance of the 
need for a bypass, it shall submit prior notice, if possible at least 
10 days before the date of the bypass.
    9.6.2.2. Unanticipated bypass. A permittee shall submit notice of 
an unanticipated bypass as required under Section 8.3 (``Twenty-four 
hour notice of noncompliance reporting'').
    9.6.3. Prohibition of bypass.
    9.6.3.1. Bypass is prohibited, and the Director or ADEC may take 
enforcement action against a permittee for a bypass, unless:
     The bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage;
     There were no feasible alternatives to the bypass, such as 
the use of auxiliary treatment facilities, retention of untreated 
wastes, or maintenance during normal periods of equipment downtime. 
This condition is not satisfied if adequate back-up equipment should 
have been installed in the exercise of reasonable engineering judgment 
to prevent a bypass that occurred during normal periods of equipment 
downtime or preventive maintenance; and
     A permittee shall submit notices as required under Section 
9.6.2.
    9.6.3.2. The Director and ADEC may approve an anticipated bypass, 
after considering its adverse effects, if the Director and ADEC 
determine that it will meet the three conditions listed above in this 
Section.

9.7. Upset Conditions

    9.7.1. Effect of an Upset. An upset constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based permit effluent limitations if a permittee meets the requirements 
of Section 9.7.2. No determination made during administrative review of 
claims that noncompliance was caused by upset, and before an action for 
noncompliance, is final administrative action subject to judicial 
review.
    9.7.2. Conditions Necessary for a Demonstration of Upset. To 
establish the affirmative defense of upset, a permittee shall 
demonstrate, through properly signed, contemporaneous operating logs, 
or other relevant evidence that:
    9.7.2.1. An upset occurred and that a permittee can identify the 
cause(s) of the upset;
    9.7.2.2. The permitted facility was at the time being properly 
operated;
    9.7.2.3. A permittee submitted notice of the upset as required 
under Section 8.3 (``Twenty-four hour notice of noncompliance 
reporting); and
    9.7.2.4. A permittee complied with any remedial measures required 
under Section 9.4 (``Duty to Mitigate'').
    9.7.3. Burden of Proof. In any enforcement proceeding, a permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.

9.8. Planned Changes

    A permittee shall give notice to the Director and ADEC as soon as 
possible of any planned physical alterations or 

[[Page 4274]]
additions to the permitted facility whenever:
    9.8.1. Alteration or Addition. The alteration or addition to a 
permitted facility may meet one of the criteria for determining whether 
a facility is a new source as determined in 40 CFR 122.29(b); or
    The alteration or addition could significantly change the nature or 
increase the quantity of pollutants discharged. This notification 
applies to pollutants that are not subject to effluent limitations in 
this Permit.
    A permittee shall give notice to the Director and ADEC as soon as 
possible of any planned changes in process or chemical use whenever 
such change could significantly change the nature or increase the 
quantity of pollutants discharged.

9.9. Anticipated Noncompliance

    A permittee shall also give advance notice to the Director and ADEC 
of any planned changes in the permitted facility or activity that may 
result in noncompliance with this Permit.

10.0. General Provisions

10.1. Permit Actions

    This Permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by a permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance, does not 
stay any permit condition.

10.2. Duty To Reapply

    If a permittee intends to continue an activity regulated by this 
Permit after the expiration date of this Permit, a permittee must apply 
for and obtain a new permit.

10.3. Duty to Provide Information

    A permittee shall furnish to the Director and ADEC, within the time 
specified in the request, any information that the Director or ADEC may 
request to determine whether cause exists for modifying, revoking and 
reissuing, or terminating this Permit, or to determine compliance with 
this Permit. A permittee shall also furnish to the Director or ADEC, 
upon request, copies of records required to be kept by this Permit.

10.4. Other Information

    When a permittee becomes aware that it failed to submit any 
relevant facts in a permit application, or that it submitted incorrect 
information in a permit application or any report to the Director or 
ADEC, it shall promptly submit the omitted facts or corrected 
information.

10.5. Signatory Requirements

    All NOIs, reports or information submitted to the Director and ADEC 
shall be signed and certified as follows:
    10.5.1. NOIs. All NOIs shall be signed as follows:
    10.5.1.1. For a corporation: by a principal corporate officer.
    10.5.1.2. For a partnership or sole proprietorship: by a general 
partner or the proprietor, respectively.
    10.5.1.3. For a municipality, state, federal, or other public 
agency: by either a principal executive officer or ranking elected 
official.
    10.5.2. Required Reports. All reports required by this Permit and 
other information requested by the Director or ADEC shall be signed by 
a person described above or by a duly authorized representative of that 
person. A person is a duly authorized representative only if:
    10.5.2.1. The authorization is made in writing by a person 
described above and submitted to the Director and ADEC, and
    10.5.2.2. The authorization specifies either an individual or a 
position having responsibility for the overall operation of the 
regulated facility or activity, such as the position of plant manager, 
superintendent, position of equivalent responsibility, or an individual 
or position having overall responsibility for environmental matters for 
the company. (A duly authorized representative may thus be either a 
named individual or any individual occupying a named position.)
    `10.5.3. Changes to Authorization. If an authorization under 
Section 10.5.2.2 above is no longer accurate because a different 
individual or position has responsibility for the overall operation of 
the facility, a new authorization satisfying the requirements of 
Section 10.5.2.2 above must be submitted to EPA and ADEC prior to or 
together with any reports, information, or applications to be signed by 
an authorized representative.
    10.5.4. Certification. Any person signing a document under this 
Part shall make the following certification:

    ``I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gather and evaluate the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.''

10.6. Availability of Reports

    Except for data determined to be confidential under 40 CFR 2, all 
reports prepared in accordance with this Permit shall be available for 
public inspection at the offices of the Director and ADEC. As required 
by the Act, permit applications, permits and effluent data shall not be 
considered confidential.

10.7. Inspection and Entry

    A permittee shall allow the Director, ADEC, or an authorized 
representative (including an authorized contractor acting as a 
representative of the Administrator), upon the presentation of 
credentials and other documents as may be required by law, to:
    10.7.1. Enter upon a permittee's premises where a regulated 
facility or activity is located or conducted, or where records must be 
kept under the conditions of this Permit;
    10.7.2. Have access to and copy, at reasonable times, any records 
that must be kept under the conditions of this Permit;
    10.7.3. Inspect at reasonable times any facilities, equipment 
(including monitoring and control equipment), practices, or operations 
regulated or required under this Permit; and
    10.7.4. Sample or monitor at reasonable times, for the purpose of 
assuring permit compliance or as otherwise authorized by the Act, any 
substances or parameters at any location.

10.8. Oil and Hazardous Substance Liability

    Nothing in this Permit shall be construed to preclude the 
institution of any legal action or relieve a permittee from any 
responsibilities, liabilities, or penalties to which a permittee is or 
may be subject under Section 311 of the Act.

10.9. Property Rights

    The issuance of this Permit does not convey any property rights of 
any sort, or any exclusive privileges, nor does it authorize any injury 
to private property or any invasion of personal rights, nor any 
infringement of federal, state or local laws or regulations.

10.10. Severability

    The provisions of this Permit are severable. If any provision of 
this Permit, or the application of any provision of this Permit to any 
circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of 

[[Page 4275]]
this Permit, shall not be affected thereby.

10.11. Transfers

    This Permit may be automatically transferred to a new permittee if:
    10.11.1. The current permittee notifies the Director at least 60 
days in advance of the proposed transfer date;
    10.11.2. The notice includes a written agreement between the 
existing and new permittees containing a specific date for transfer of 
permit responsibility, coverage, and liability between them; and
    10.11.3. The Director does not notify the existing permittee and 
the proposed new permittee of any intent to modify, or revoke and 
reissue the permit.
    10.11.4. If the notification from the Director (Section 10.11.3.) 
is not received, the transfer is effective on the date specified in the 
agreement between the existing and new permittee (Section 10.11.2).

10.12. State Laws

    Nothing in this Permit shall be construed to preclude the 
institution of any legal action or relieve a permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable state law or regulation under authority preserved by Section 
510 of the Act.

10.13. Reopener Clause

    10.13.1. This Permit shall be modified, or alternatively, revoked 
and reissued, to comply with any applicable effluent standard or 
limitation issued or approved under Secs. 301(b)(2)(C) and (D), 
304(b)(2), and 307(a)(2) of the Act, as amended, if the effluent 
standard, limitation, or requirement so issued or approved:
    10.13.1.1. Contains different conditions or is otherwise more 
stringent than any condition in this Permit; or
    10.13.1.2. Controls any pollutant or disposal method not addressed 
in this Permit.
    10.13.2. This Permit as modified or reissued under this paragraph 
shall also contain any other requirements of the Act then applicable. 
This Permit may be reopened to adjust any effluent limitations if 
future water quality studies, waste load allocation determinations, or 
changes in water quality standards show the need for different 
requirements.

11.0. Definitions and Acronyms

    AAC means Alaska Administrative Code.
    ADEC means Alaska Department of Environmental Conservation.
    Bypass means the intentional diversion of waste streams from any 
portion of a treatment facility.
    CFR means the Code of Federal Regulations.
    Coastal zone means the waters within three nautical miles of the 
Pribilof Islands.
    Cooling water means once-through non-contact cooling water.
    CWA means the Clean Water Act.
    Discharge of a pollutant means any addition of any ``pollutant'' or 
combination of pollutants to ``waters of the United States'' from any 
``point source''.
    Domestic wastes means materials discharged from showers, sinks, 
safety showers, eye-wash stations, hand-wash stations, galleys, and 
laundries.
    EPA means the United States Environmental Protection Agency.
    Exclusion zone means within one-half nautical mile of areas of 
special concerns.
    Garbage means all kinds of victual, domestic, and operational 
waste, excluding fresh fish and part thereof, generated during the 
normal operation and liable to be disposed of continuously or 
periodically except dishwater, gray water, and those substances that 
are defined or listed in other Annexes to MARPOL 73/78.
    GPS means Global Positioning System.
    Gray water means galley, bath and shower wastewater.
    Irreparable harm means significant undesirable effects occurring 
after the date of permit issuance which will not be reversed after 
cessation or modification of the discharge.
    Marine environment means that territorial seas, the contiguous zone 
and the oceans.
    Marine sanitation device includes any equipment for installation on 
board a vessel which is designed to receive, retain, treat, or 
discharge sewage, or any process to treat such sewage.
    MLLW means mean lower low water.
    MSD means marine sanitation device.
    NMFS means United States National Marine Fisheries Service.
    NOI means a ``Notice of Intent,'' that is, an application, to be 
authorized to discharge under a general NPDES permit.
    Pollutant means dredged spoil, solid waste, incinerator residue, 
filter backwash, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials, heat, wrecked or 
discarded equipment, rock, sand, cellar dirt and industrial, municipal, 
and agricultural waste discharged into water.
    Poor flushing means average currents or turbulence of less than 
one-third (0.33) of a knot at any point in the receiving water within 
300 feet of the outfall.
    Sanitary wastes means human body waste discharged from toilets and 
urinals.
    Seafood means the raw material, including freshwater and saltwater 
fish and shellfish, to be processed, in the form in which it is 
received at the processing plant.
    Seafood process waste means the waste fluids, organs, flesh, bones, 
woody fiber and chitinous shells produced in the conversion of aquatic 
animals and plants from a raw form to a marketable form.
    Severe property damage means substantial physical damage to 
property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence of a 
bypass. Severe property damage does not mean economic loss caused by 
delays in production.
    Sewage means human body wastes and the wastes from toilets and 
other receptacles intended to receive or retain body wastes.
    Unreasonable degradation of the marine environment means: (1) 
Significant adverse changes in ecosystem diversity, productivity and 
stability of the biological community within the area of discharge and 
surrounding biological communities, (2) Threat to human health through 
direct exposiure to pollutants or through consumption of exposed 
aquatic organisms, or (3) Loss of esthetic, recreational, scientific or 
economic values which is unreasonable in relation to the benefit 
derived from the discharge.
    Upset means an exceptional incident in which there is unintentional 
and temporary noncompliance with technology-based permit effluent 
limitations because of factors beyond the reasonable control of the 
permittee. An upset does not include noncompliance to the extent caused 
by operational error, improperly designed treatment facilities, 
inadequate treatment facilities, lack of preventive maintenance, or 
careless or improper operation.
    U.S.C. means United States Code.
    USFWS means United States Fish and Wildlife Service.
    Water depth means the depth of the water between the surface and 
the seafloor as measured at mean lower low water (0.0).

[FR Doc. 96-2224 Filed 2-2-96; 8:45 am]
BILLING CODE 6560-50-P