[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 53013-53014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22374]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6861-7]


Final Reissuance of General NPDES Permits (GP) for Alaskan 
Mechanical Placer Mining (Permit Number AKG-37-0000) and Alaskan 
Medium-Size Suction Dredging (Permit Number AKG-37-1000)

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Final notice of reissuance of two general permits.

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SUMMARY: On June 30, 1999, two general permits regulating the 
activities of mechanical placer mining and suction dredge mining for 
gold placer mining operations in the state of Alaska expired. On 
January 14, 2000, EPA proposed to reissue these two general permits. 
There was a 60 day comment period and public hearings were held in 
Anchorage and Fairbanks, Alaska.
    During the comment period, EPA received comments on the mechanical 
general permit regarding Notice of Intent (NOI) submittal, annual 
report submittal and monitoring frequency. A miner must submit an NOI 
to be covered by the GPs. EPA has changed the date that annual reports 
are due from November 30 for the previous mining season, to January 31 
for the previous calendar year. EPA did not make any changes in 
monitoring frequency from those in the proposed permit.
    EPA received similar comments as those described above for the 
medium-size suction dredge general permit. The responses outlined in 
the previous paragraph also apply to the medium-size suction dredge 
permit. EPA received additional comments relating to suction dredging 
including comments on suction dredge spacing, the definition of 
dredging operations, and the use of winches. EPA did not change the 
required spacing between suction dredge operations, but did define a 
dredging operation as one medium-size dredge or one medium-size dredge 
accompanied by one small (four inch or less intake) dredge. EPA also 
specifies how to determine if it is ``apparent'' that an operation has 
occurred nearby. EPA clarified that the prohibition on winches is on 
motorized winches, not on hand winches.
    Other comments were received and a Response to Comments was 
prepared for each general permit.
    At the time EPA proposed these general permits, EPA also gave 
notice that the extended coverage under the previous general permits 
would expire with the reissuance of the new general

[[Page 53014]]

permits. EPA has determined that the extended coverage will expire 
either when a facility is authorized under the new general permits or 
150 days after the effective date of the new general permits, whichever 
is earlier.

DATES: The general permits will be effective October 2, 2000. For those 
facilities not seeking authorization under the new general permits, 
extended coverage under the previous general permits will expire on 
February 27, 2001.

ADDRESSES: Copies of the General Permits and Responses to Comments are 
available upon request. Written requests may be submitted to EPA, 
Region 10, 1200 Sixth Avenue OW-130, Seattle, WA 98101. Electronic 
requests may be mailed to: [email protected] or 
[email protected].

FOR FURTHER INFORMATION CONTACT: The General Permits, Fact Sheets and 
Response to Comments may be found on the Region 10 website at 
www.epa.gov/r10earth/offices/water.htm under the NPDES Permits section. 
Requests by telephone may be made to Audrey Washington at (206) 553-
0523 or to Cindi Godsey at (907) 271-6561.

SUPPLEMENTARY INFORMATION:
    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.
    The state of Alaska, Department of Environmental Conservation 
(ADEC), has certified that the subject discharges comply with the 
applicable provisions of Sections 208(e), 301, 302, 306 and 307 of the 
Clean Water Act.
    The state of Alaska, Office of Management and Budget, Division of 
Governmental Coordination (ADGC), has conducted a review for 
consistency with the Alaska Coastal Management Program (ACMP) and has 
agreed with EPA's determination that the general permits are consistent 
with the ACMP.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 601 et seq., a Federal agency must prepare an initial 
regulatory flexibility analysis ``for any proposed rule'' for which the 
agency ``is required by section 553 of the Administrative Procedure Act 
(APA), or any other law, to publish general notice of proposed 
rulemaking.'' The RFA exempts from this requirement any rule that the 
issuing agency certifies ``will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' EPA has 
concluded that NPDES general permits are permits, not rulemakings, 
under the APA and thus not subject to APA rulemaking requirements or 
the RFA. Notwithstanding that general permits are not subject to the 
RFA, EPA has determined that this general permit, as issued, will not 
have a significant economic impact on a substantial number of small 
entities.

    Dated: August 23, 2000.
Randall F. Smith,
Director, Office of Water, Region 10, U.S. Environmental Protection 
Agency.
[FR Doc. 00-22374 Filed 8-30-00; 8:45 am]
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