[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Notices]
[Pages 11999-12000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5501]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6546-1]


Final NPDES Permits for Log Transfer Facilities Operating in 
Alaska Prior to October 22, 1985 and Possessing a Section 404 Permit 
but Not a Section 402 Permit (AK-G70-0000) and All Other Log Transfer 
Facilities Operating in Alaska (AK-G70-1000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final NPDES General Permits.

-----------------------------------------------------------------------

SUMMARY: The Director of the Office of Water, EPA Region 10, is 
publishing notice of the availability of two National Pollutant 
Discharge Elimination System (NPDES) general permits (numbers AK-G70-
0000 and AK-G70-1000) for coverage of log transfer facilities (LTFs) 
operating in Alaska, pursuant to the provisions of the Clean Water Act, 
33 U.S.C. 1251 et seq. General permit AK-G70-0000 (``pre-1985 permit'') 
includes section 402 modifications to section 404 permits issued to 
LTFs prior to October 22, 1985, in accordance with section 407 of the 
Water Quality Act of 1987 (Public Law 100-4). All other LTFs can apply 
to be authorized to discharge under general permit number AK-G70-1000 
(``post-1985 permit'').
    Because general permit AK-G70-0000 contains modifications of the 
existing permits originally issued under section 404 of the Clean Water 
Act for LTFs operating prior to October 22, 1985, the permit conditions 
apply to discharges of bark and wood debris upon the effective date of 
the permit. Although notification is required from these facilities 
written confirmation is not required from EPA for automatic coverage. 
General permit AK-G70-1000 authorizes discharges from LTFs not 
possessing pre-1985, section 404 permits to marine waters of Alaska 
(extending from the Alexander Archipelago west through central Gulf of 
Alaska and Prince William Sound to Kodiak Island). These facilities are 
authorized to discharge under the permit after a Notice Of Intent 
application for coverage is sent to EPA and the Alaska Department of 
Environmental Conservation (ADEC) and/or a notification of permit 
coverage is received from the EPA. The EPA also has the option to 
automatically cover these facilities, under general permit AK-G70-1000, 
without receiving the notice of intent application.
    Except for those LTFs operating in areas excluded from general 
permit coverage under the post-1985 permit, the general permits 
authorize the discharge of bark and wood debris, under specified terms 
of the general permits, into both near-shore and offshore marine waters 
in Alaska. The incidental discharge of petroleum products and sediment 
are also addressed in the general permits. The LTFs authorized by the 
general permits are required to develop and implement pollution 
prevention plans and to restrict their discharges to inside the 
perimeter of the project area (the zone of dilution). The permits also 
contain annual underwater bark monitoring for those facilities where 
bark accumulation is likely to occur. If the bark monitoring shows that 
one acre of continuous coverage and a thickness of 10 cm at any point 
is exceeded, additional practices must be implemented to minimize 
additional bark accumulation. The conditions of the general permits are 
largely based on the Alaska Timber Task Force Guidelines.

EFFECTIVE DATE: The general NPDES permits shall become effective on 
March 21, 2000. The post-1985 general permit and the authorization to 
discharge shall expire at midnight on March 21, 2005.

FOR FURTHER INFORMATION CONTACT: The complete administrative record for 
the general NPDES permit is available for public review by contacting 
EPA Region 10, 1200 Sixth Avenue, Seattle, Washington 98101, Telephone: 
(206) 553-0523 or (206) 553-1643, or via EMAIL to the following 
address: [email protected]. For those with impaired hearing or 
speech, please contact EPA's telecommunication device for the deaf 
(TDD) at 206/553-1698. Copies of the general NPDES permits, supporting 
fact sheet for the draft general NPDES permit, response to public 
comments, and today's publication are available from the EPA Alaska 
Operations Office at 222 West 7th Avenue, #19, Anchorage, Alaska 99513-
7588, 907/271-6561 or the Alaska Department of Environmental 
Conservation at 410 Willoughby Avenue, Suite 105, Juneau, Alaska 99801. 
These documents can also be found by visiting the Region 10 web site at 
www.epa.gov/r10earth/water/htm.

SUPPLEMENTARY INFORMATION:

Public Comment

    Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA 
proposed and solicited comments on the draft general permit in the 
Federal Register at 61 FR 5111-5112 (September 30, 1996), Anchorage 
Daily News, Ketchikan Daily News, The Seward Phoenix Log, The Valdez 
Vanguard, and The Cordova Times. The public comment period was extended 
by 21 days, notice of which was published in the Federal Register at 61 
FR 57425 (November 6, 1996) and the Valdez Vanguard, Daily Sitka 
Sentinel, The Cordova Times, and The Seward Phoenix Log on November 7, 
1996. Additionally, copies of the draft permit were sent to all known 
log transfer facilities operating under a section 404 permit issued 
prior to October 22, 1985. EPA also convened a two-day meeting with all 
commenters on March 11 and 12, 1997, in order to clarify comments 
received and allow commenters to hear each other's concerns.
    Changes have been made from the draft permit to the final permits 
in response to comments received from facility representatives, tribal 
representatives, concerned citizens, environmental groups, the U.S. 
Forest Service, U.S. Fish and Wildlife Service, and the State of 
Alaska. All comments, along with EPA's responses, are summarized in the 
Response to Comments documents, which may be obtained at the above 
addresses, or viewed on the Region 10 web site listed above. The 
changes address the zone of deposit, the bark accumulation threshold 
for requiring additional

[[Page 12000]]

Pollution Prevention practices, methodology for bark monitoring 
surveys, the areas excluded from permit coverage, and administrative 
corrections. In response to comments, the section 402 modifications to 
section 404 permits issued prior to October 22, 1985 are being issued 
in a separate general permit (AK-G70-0000).

Legal Requirements

Coastal Zone Management Act

    The State of Alaska, Office of Management and Budget, Division of 
Governmental Coordination found this action to be consistent with the 
approved Alaska Coastal Zone Management Program.

Endangered Species Act and Essential Fish Habitat

    Consultation under the Endangered Species Act was conducted with 
the U.S. Fish and Wildlife Service and National Marine Fisheries 
Service. The EPA determined that the actions are not likely to 
adversely affect any threatened or listed species. EPA has also made a 
determination that the actions have no adverse effects on Essential 
Fish Habitat.

State Water Quality Standards and State Certification

    The State of Alaska, Department of Environmental Conservation, has 
certified under section 401 of the Clean Water Act, that the subject 
discharges under both general permits comply with the Alaska State 
Water Quality Standards and sections 208(e), 301, 302, 303, 306 and 307 
of the Clean Water Act.

Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

Paperwork Reduction Act

    The information collection requirements of this permit were 
previously approved by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
and assigned OMB control numbers 2040-0086 (NPDES permit application) 
and 2040-0004 (discharge monitoring reports).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. The permit issued 
today, however, is not a ``rule'' subject to the requirements of 5 
U.S.C. 553(b) and is therefore not subject to the RFA.

Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state, and local governments and the 
private sector. The permit issued today, however, is not a ``rule'' 
subject to the RFA and is therefore not subject to the requirements of 
UMRA.

Appeal of Permit

    Any interested person may appeal the Log Transfer Facility General 
NPDES permits in the Federal Court of Appeals in accordance with 
section 509(b)(1) of the Clean Water Act. This appeal must be filed 
within 120 days of the permit effective date. The permit effective date 
is defined at 40 CFR 23.2 to be at 1:00 p.m. eastern time, two weeks 
after the date of publication in the Federal Register. 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 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 NPDES permit.

    Dated: February 23, 2000.
Randall F. Smith,
Director, Office of Water, Region 10.
[FR Doc. 00-5501 Filed 3-6-00; 8:45 am]
BILLING CODE 6560-50-P