[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Notices]
[Pages 40121-40123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19831]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6129-8]


Proposed Second Modification of General NPDES Permit (GP) for 
Alaskan Mechanical Placer Miners (Permit Number AKG-37-0000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed second modification of a general permit.

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SUMMARY: This proposed modification of the GP is intended to regulate 
activities of mechanical placer mining in the state of Alaska. The 
proposed modifications are based on the ``Withdrawal of Federal 
Regulations of the Applicability to Alaska's Waters of Human Health 
Criteria'' which was published in the Federal Register on March 2, 1998 
(63 FR 10140) and became effective on April 1, 1998, and other changes 
as described in the Fact Sheet.

DATES: Comments must be received by August 26, 1998.

ADDRESSES: Interested persons may submit comments on the proposed 
modification of the GP to Director, Office of Water; U.S. EPA, Region 
10, 1200 Sixth Avenue, OW-135; Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Copies of the Proposed Second 
Modification of the General Permit and Fact Sheet are available upon 
request.
    Requests may be made to Jeanette Carriveau at (206) 553-1214 or to 
Cindi Godsey at (907) 271-6561. Requests may also be electronically 
mailed to: CARRIVEAU.
[email protected] or
[email protected]. Copies of the permit and fact sheet can 
also be found by visiting the Region 10 website at www.epa.gov/
r10earth/offices/water/npdes.html.

SUPPLEMENTARY INFORMATION:

A. 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.

B. 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 
modification of the GP 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: July 14, 1998.
Roger K. Mochnick,
Acting Director, Office of Water, Region 10.

Fact Sheet--United States Environmental Protection Agency, Region 
10, 1200 Sixth Avenue, OW-130, Seattle, Washington 98101, (206) 
553-1214

Permit No.: AKG-37-0000
    Proposed second modification of the National Pollutant Discharge 
Elimination System (NPDES) General Permit (GP) to discharge pollutants 
pursuant to the provisions of the Clean Water Act (CWA) for Alaskan 
Mechanical Placer Miners.
    This fact sheet includes (a) the tentative determination of the 
Environmental Protection Agency (EPA) to modify the GP, (b) information 
on public comment, public hearings and appeal, and (c) the conditions 
and requirements contained in the modification.
    Persons wishing to comment on the modifications contained in the 
proposed GP may do so before the expiration date of the public 
document. Only the modifications are open to public comment. All 
written comments should be submitted to EPA as described in the public 
comments section of the attached public document.
    After the expiration date of the public document, the Director, 
Office of Water, will make final determinations with respect to 
issuance of the modified GP. The tentative determinations contained in 
the proposed GP will become final conditions if no substantive comments 
are received during the public comment period.
    A General Permit follows rulemaking procedures so EPA's issuance 
and promulgation activities must be conducted in accordance with the 
Administrative Procedure Act (APA). The modified GP will become 
effective 30 days after publication of the final modified GP in the 
Federal Register according to section 553(d) of the APA. Anyone wishing 
to appeal the modifications to this GP must do so in court according to 
40 CFR 124.71. Interested persons may challenge the amendments, within 
120 days of issuance, in the Circuit Court of Appeals of the United 
States under section 509(b)(1) of the Act.
    The proposed NPDES permit and fact sheet are on file and may be 
inspected and copies made at the above address any time between 8:30 
a.m. and 4:00 p.m., Monday through Friday. Copies and other information 
may be requested by writing to EPA at the above address to the 
attention of the NPDES Permits Unit, or by calling (206) 553-1214. The 
proposed GP and fact sheet are also available from the EPA Alaska 
Operations Office, Room 537, Federal Building, 222 West 7th Avenue, 
Anchorage, Alaska 99513-7588 or Alaska Operations Office, 410 
Willoughby Avenue, Suite 100, Juneau, Alaska 99801 or the Alaska 
Department of Environmental Conservation (ADEC), Watershed Management 
Section, 610 University Avenue, Fairbanks, Alaska 99709.

Technical Information

1. Summary of Modifications

    The intent of this proposed modification of the GP is to revise the 
effluent limitation for arsenic based on a change to the state's Water 
Quality Standards. This has been requested by a Permittee according to 
the requirements of 40 CFR 124.5 for the reasons specified in 40 CFR 
122.62. Also, some additions and deletions of permit language have been 
made due to the water quality standard change, changes in regulation 
and the correction of typographical errors. Renumbering of Permit 
Parts, where necessary, has been done without being noted.

2. Coverage of Modified Permit

    It is the intent of EPA to apply the final modified general permit 
to all facilities previously covered by a general permit for mechanical 
operations without the submission of a new Notice of Intent (NOI). Upon 
issuance of the final GP, a copy of the new permit will be sent to each 
permittee.

3. Description of the Industry

    Placer mining involves the mining and extraction of gold or other 
heavy metals and minerals primarily from alluvial deposits. These 
deposits may be in existing stream beds or ancient often buried stream 
deposits, i.e. paleo or fossil placers. Many Alaskan placer deposits 
consist of unconsolidated clay, sand, gravel, cobble and boulders that 
contain very small amounts of native gold or other precious metals. 
Most are stream deposits and occur along present stream valleys or on 
benches or terraces above existing streams. Beach placer deposits have 
been and continue to be important producers in Alaska. These deposits, 
most notable near Nome,

[[Page 40122]]

include both submerged and elevated beach placer deposits.

4. Receiving Waters

    The receiving waters for the discharges are waters of the United 
States including tundra wetlands which are classified in 18 AAC 70 as 
Classes (1)(A), (B), and (C) for use in drinking, culinary, and food 
processing, agriculture, aquaculture, and industrial water supply; 
contact and secondary recreation; and growth and propagation of fish, 
shellfish, other aquatic life and wildlife. Since most of these 
waterbodies are protected for all uses, the most restrictive water 
quality standards will be applied in this modified GP.

5. Regulatory Authority

A. State of Alaska Water Quality Standards and Limitations
    Section 301(b)(1) of the Act requires the establishment of 
limitations in permits necessary to meet water quality standards by 
July 1, 1977. All discharges to state waters must comply with state and 
local coastal management plans as well as with state water quality 
standards, including the state's antidegradation policy. Discharges to 
state waters must also comply with limitations imposed by the state as 
part of its coastal management program consistency determinations, and 
of its certification of NPDES permits under section 401 of the Act.
    The NPDES regulations at 40 CFR 122.44(d)(1) require that permits 
include water quality-based limits which ``Achieve water quality 
standards established under section 303 of the CWA, including State 
narrative criteria for water quality.''
B. Section 308 of the Clean Water Act
    Under section 308 of the Act and 40 CFR 122.44(i), the Director 
must require a discharger to conduct monitoring to determine compliance 
with effluent limitations and to assist in the development of effluent 
limitations.

6. Specific Permit Conditions

    EPA has concluded, based on available sampling data, that arsenic 
is commonly associated with placer mining wastes. Locally, it is the 
most abundant toxic metal present. It is for this reason that EPA has 
determined that arsenic is a pollutant of concern.
    This modification of the existing Modified General Permit AKG-37-
0000 for Alaskan Mechanical Placer Miners (GP) is based on the 
``Withdrawal from Federal Regulations of the Applicability to Alaska's 
Waters of Human Health Criteria'' which was published in the Federal 
Register on March 2, 1998 (63 FR 10140) and became effective on April 
1, 1998. This rulemaking withdraws the human health criteria for 
arsenic. This makes the drinking water maximum contaminant level (MCL) 
of 50 g/L the applicable standard protective of the designated 
uses of the receiving waters covered by the GP.
    The effluent limitation proposed for arsenic is a daily maximum 
limit of 50 g/L. This is based on the Primary Drinking Water 
MCL applicable through 18 AAC 70.020(1)(A) for Toxic and other 
Deleterious Organic and Inorganic Substances. EPA defines the MCL as 
the ``maximum permissible level of a contaminant'' (40 CFR 142.2) so it 
is included as an instantaneous maximum limit.

7. Removals, Changes and Additions

A. Removal of Language
    In the previous permit, Permit Part II.B.4. contained language 
discussing the application of the minimum level (ML) because the 
effluent limitation was below the method detection level (MDL). Since 
the proposed effluent limitation of 50 g/L is above the MDL 
and the ML, there is no need for the permit to contain this language.
B. Additions
    The Commissioner of ADEC, Michele Brown, sent a letter to Robert 
Perciasepe, Assistant Administrator for EPA's Office of Water, dated 
October 8, 1997, concerning the State's regulations on using ``site 
specific data to develop appropriate permit limits or site specific 
criteria to further our statutory mission, which includes protection of 
public health.'' Permit Part II.A.1.e. contains new language to address 
site specific criteria that could be developed that are more stringent 
than the proposed effluent limitation if concerns are raised to the 
State by an affected community or individual. EPA is working with the 
State to generate a mechanism by which a site specific criterion would 
be developed and implemented.
C. Changes
    Permit Part V.B. lists the administrative and civil penalties for a 
violation of the permit as $10,000 and $25,000, respectively. Changes 
to $11,000 and $27,500 were noticed in the Federal Register (61 FR 
69360, December 31, 1996). To avoid the possibility of different levels 
being listed in different places, this section has been updated to 
include generic penalty language.
    Permit Part IV.B. has been changed from the Enforcement Unit at 
mailstop WD-135 to the NPDES Compliance Unit at mailstop OW-133.
    Permit Part I.F.4. has been updated from a mailstop of WD-134 to 
OW-130.
    Permit Part I.F.6. contained a typographical error listing Wrangell 
St. Alias instead of Wrangell St. Elias. This has been corrected.

8. Other Legal Requirements

A. Oil Spill Requirements
    Section 311 of the Act prohibits the discharge of oil and hazardous 
materials in harmful quantities. Routine discharges specifically 
controlled by a permit are excluded from the provisions of section 311. 
However, this general permit does not preclude the institution of legal 
action or relieve permittees from any responsibilities, or penalties 
for other, unauthorized discharges of oil and hazardous materials which 
are covered by section 311 of the Act.
B. Coastal Zone Management Act
    A determination that the activities allowed by this proposed GP are 
consistent with the Alaska Coastal Management Plan must be made in 
accordance with the Coastal Zone Management Act before a final permit 
will be issued.
C. State Water Quality Standards and State Certification
    Whereas state waters are involved in this proposed GP, the 
provisions of section 401 of the Act will apply. Furthermore, in 
accordance with 40 CFR 124.01(c)(1), public notice of the proposed GP 
has been provided to the State of Alaska and Alaska state agencies 
having jurisdiction over fish, shellfish, and wildlife resources, and 
over coastal zone management plans.
D. Endangered Species Act
    Letters were sent to the U.S. Fish and Wildlife Service (USFW) and 
to the National Marine Fisheries Service (NMFS) on April 20, 1998, 
requesting information to the extent the permit modification may affect 
threatened and endangered species.

References

    1. Letter from John Cook to Robert R. Robichaud dated March 25, 
1998, requesting that EPA modify the General Permit.
    2. Letter from Steve Borell, Executive Director of the Alaska 
Miners Association, Inc., to Robert R. Robichaud dated March 24, 
1998, requesting that EPA modify the General Permit.
    3. 63 FR 10142, March 2, 1998--Withdrawal from Federal 
Regulations of the Applicability to Alaska's Waters of Human Health 
Criteria.
    4. Letter from Michele Brown to Robert Perciasepe dated October 
8, 1997.

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    5. 61 FR 69360, December 31, 1996--Civil Monetary Penalty 
Inflation Adjustment Rule.

[FR Doc. 98-19831 Filed 7-24-98; 8:45 am]
BILLING CODE 6560-50-P