[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Notices]
[Pages 51112-51113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24997]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5618-9]


Proposed General NPDES Permit for Log Transfer Facilities in 
Alaska: General NPDES Permit No. AK-G70-0000

AGENCY: Region 10, Environmental Protection Agency (EPA).

ACTION: Notice of Proposed General NPDES Permit.

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SUMMARY: The Director, Office of Water, EPA Region 10, proposes to 
issue General National Pollutant Discharge Elimination System (NPDES) 
Permit No. AK-G70-0000 for marine discharges associated with log 
transfer facilities in Alaska. The EPA is soliciting comments on the 
draft general permit described in this public notice. At the end of 
this public comment period, the EPA will make a final determination on 
permit issuance.
    Administrative Record. The draft general NPDES permit, fact sheet, 
and the draft technical report for the ``Ocean Discharge Criteria 
Evaluation of the NPDES General Permit for Alaskan Log Transfer 
Facilities'' are available for inspection and copying at the EPA office 
in Anchorage (Room 537) any time between 8:00 am and 4:30 pm., Monday 
through Friday. Copies and other information may also be requested by 
mail or by calling Susan Cantor at (907) 271-3413.
    Public Comments. Interested persons may submit written comments on 
the draft general NPDES permit on or before October 30, 1996, to the 
attention of Susan Cantor at the address below. All comments should 
include the name, address, and telephone number of the commenter, a 
concise statement of comment and the relevant facts upon which it is 
based.
    State Certification. Persons wishing to comment on State 
Certification of the proposed general NPDES permit should submit 
written comments within this public comment period to the State of 
Alaska, Alaska Department of Environmental Conservation, 410 Willoughby 
Avenue, Suite 105, Juneau, Alaska 99801-1795. Comments should be 
addressed to the attention of Dave Sturdevant.
    State Consistency Determination. The State of Alaska, Division of 
Governmental Coordination requests your comments on the proposed 
action's consistency with the Alaska Coastal Management Program. Under 
Alaska Statute 46.40.100, your comments must be received within the 
public comment period in order to preserve your right to petition the 
Coastal Policy Council for a review of the proposed consistency 
determination. The right to petition the Coastal Policy Council is 
limited to the applicant, an affected coastal resource district, a 
State agency, or a citizen of the affected coastal resource district. 
The comments must address whether the proposed action is consistent 
with the enforceable policies of the affected coastal district's 
management program. For more information on the consistency review 
process and the comment deadline, or to submit comments, please contact 
the Division of Governmental Coordination, P.O. Box 110030, Juneau, 
Alaska 99811-0030. Comments should be addressed to the attention of Rex 
Blazer.
    Final Determination. After the public notice period expires, the 
Director of the Office of Water, EPA Region 10, will make a final 
determination on permit issuance in accordance with 40 CFR Part 124.15. 
The tentative requirements contained in this draft general NPDES permit 
will become final conditions if no substantive comments are received 
during the public comment period.
    Appeal. Within 120 days following service of notice of EPA's final 
permit decision, any interested person may appeal that decision in the 
appropriate Circuit Court of Appeals of the United States, in 
accordance with Section 509 of the Clean Water Act and 40 CFR Part 
124.71. After 120 days, persons affected by a general permit may not 
challenge the conditions of the permit as a right of further EPA 
proceedings. Instead, they may either challenge the permit in court or 
apply for an individual NPDES permit and then request a formal hearing 
on the issuance or denial of an individual permit.

DATES: The public notice issuance date is September 30, 1996. The 
expiration date of this public notice is October 30, 1996. All comments 
must be submitted to EPA on or before October 30, 1996. Additional time 
may be granted where a commenter demonstrates the need for such time.


[[Page 51113]]


ADDRESSES: Please address all written comments to Susan Cantor, 
Environmental Protection Agency, Region 10, Alaska Office, 222 W. 
Seventh Avenue #19, Anchorage, Alaska 99513. Comments may be mailed or 
submitted via facsimile to (907) 271-3424.

FOR FURTHER INFORMATION CONTACT: Susan Cantor, of Environmental 
Protection Agency, Region 10, Alaska Office, at the address listed 
above or by telephone at (907) 271-3413. Inquiries may be submitted via 
facsimile to (907) 271-3424. Requests may be electronically mailed to 
[email protected]. Additional services can be made available 
to persons with disabilities. For those with impaired hearing or 
speech, please contact EPA's telecommunication device for the deaf at 
(206) 553-1698.

SUPPLEMENTARY INFORMATION: In the opinion of EPA, discharges associated 
with Alaskan log transfer facilities would be more appropriately 
controlled under a general permit rather than under individual permits. 
The proposed general permit would provide fair and uniform requirements 
for industry in accordance with the provisions of the Clean Water Act, 
and would reduce paperwork and delays in permit issuance for qualifying 
dischargers.
    If issued, this general NPDES permit would authorize qualifying log 
transfer facilities to discharge bark and woody debris into both near-
shore and offshore marine waters in Alaska, except in areas excluded 
from coverage. The permit would not authorize discharges into waters 
identified as critical or protected resources, waters which do not meet 
the siting guidelines of the Alaska Timber Task Force, and waters 
already exceeding Alaska Water Quality Standards for parameters 
relating to bark and woody debris. The state of Alaska proposes to 
grant a one-acre zone of deposit for those log transfer facilities 
authorized under this permit.
    Log transfer facilities authorized under this permit would be 
required to minimize the introduction of bark and woody debris into 
marine waters through implementation of effluent limitations and best 
management practices. Annual underwater bark monitoring would be 
required for facilities where bark accumulation was likely to occur. 
Those permittees would also be required to develop and implement a 
pollution prevention plan.
    In order to be authorized under this general NPDES permit, new 
dischargers would be required to submit a notice of intent to EPA and 
to receive written authorization to discharge from EPA. A notice of 
intent would also be required for those permitted facilities wishing to 
discharge after their individual NPDES permits have expired.
    This general NPDES permit would modify existing permits issued 
under Section 404 of the Act for log transfer facilities constructed 
and operated prior to October 22, 1985. If this general NPDES permit is 
issued, the applicable Section 404 permits would be modified to 
incorporate the provisions of the general permit. Dischargers 
authorized under Section 404 prior to October 22, 1985, would be 
required to submit information to EPA regarding their location and 
discharge.

Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the review requirements of Executive Order 12866 pursuant to Section 6 
of that order.

Regulatory Flexibility Act

    After review of the facts presented in the notice printed above, I 
hereby certify pursuant to the provision of 5 U.S.C. 605(b) that this 
general NPDES permit will not have a significant impact on a 
substantial number of small entities. Moreover, the permit reduces a 
significant administrative burden on regulated sources.

    Dated: September 20, 1996.
Roger K. Mochnick,
Acting Director, Office of Water.
[FR Doc. 96-24997 Filed 9-27-96; 8:45 am]
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