[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34746-34748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13831]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8582-3]


State Program Requirements; Application To Administer the 
National Pollutant Discharge Elimination System (NPDES) Program; Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The State of Alaska has submitted a request for approval of an 
Alaska version of the National Pollutant Discharge Elimination System 
(NPDES) program, pursuant to section 402 of the Clean Water Act (CWA or 
``the Act''). With this request, the Alaska Department of Environmental 
Conservation (ADEC) seeks approval to administer a program regulating 
discharges of pollutants into waters of the United States under its 
jurisdiction. The State's request includes an implementation plan that 
transfers the administration of specific program components from EPA to 
the State over a three year period from the date of program approval. 
If EPA approves the Alaska Pollutant Discharge Elimination System 
(APDES) program application, the State will administer this program, 
subject to continuing EPA oversight and enforcement authority, in place 
of the National Pollutant Discharge Elimination System (NPDES) program 
now administered by EPA in Alaska. Today, EPA is requesting comments on 
the State's request and is providing notice of public hearings and 
comment period on that proposal. EPA will either approve or disapprove 
the State's request after considering all comments it receives.

DATES: Comments. The public comment period on the State's request for 
approval to administer the proposed APDES program will be from the date 
of publication until August 18, 2008. Comments must be received or 
post-marked by no later than 11:59 p.m. on August 18, 2008
    Educational Meetings and Public Hearings: EPA, Region 10 will hold 
three combined educational meetings and public hearings on the 
following dates:
    1. July 21, 2008, Educational Meeting, 4 to 6 p.m.; Public Hearing, 
from 7 p.m. until all testimony is heard or 10 p.m., whichever is 
earlier, in Fairbanks, AK.
    2. July 22, 2008, Educational Meeting, 4 to 6; Public Hearing, from 
7 p.m. until all testimony is heard or 10 p.m., whichever is earlier, 
in Juneau, AK.
    3. July 23, 2008, Educational Meeting, 4 to 6 p.m.; Public Hearing 
from 7 p.m. until all testimony is heard or 10 p.m., whichever is 
earlier, in Anchorage, AK.
    Comments. Send or hand deliver all paper copies to Nina Kocourek, 
Office of Water and Watersheds, Mail Stop OWW-130, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101-3140. Call (206) 553-1200 before hand 
delivery to verify business hours; send electronic copies to 
[email protected]; and fax copies to (206) 553-0165. EPA requests 
that a duplicate copy of comments be sent to Sharon Morgan, 
[email protected], Alaska Department of Environmental 
Conservation, P. O. Box 111800, 410 Willoughby Avenue, Suite 303, 
Juneau, AK 99811-1800.
    Viewing and/or Obtaining Copies of Documents. Copies of Alaska's 
APDES program submission (aka application) and all other documents in 
the official record are available for inspection at the EPA Region 10 
Library, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 
98101-3140. The library hours are 9 a.m. to noon and 1 p.m. to 2:30 
p.m. Monday through Friday, except federal holidays, telephone number 
(206) 553-1289; and at the EPA, Region 10, Alaska Operations Office, 
222 W 7th Avenue, 19, Room 537, Anchorage, AK 99513, during 
normal business hours, contact Greg Kellogg at (907) 271-6328. The 
application can be viewed or downloaded from the EPA Web site http://www.epa.gov/r10earth/waterpermits.htm. ADEC will also have copies of 
the application available for viewing Monday through Friday, 8:30 a.m. 
to 4:30 p.m., except Alaska holidays, at the following locations: 555 
Cordova Street, Anchorage, AK 99501-2617; 410 Willoughby Avenue, Suite 
303, Juneau, AK 99811-1800; 610 University Drive, Fairbanks, AK 99709; 
1700 E Bogard Road B, Suite 103, Wasilla, AK 99654; and 43335 
Kalifonsky Beach, Suite 11, Soldotna, AK 99669. ADEC will have the 
application available on compact disk (CD), contact Sharon Morgan, e-
mail [email protected] or call (907) 465-5530) to receive a CD. 
The application can be viewed or downloaded from the State of Alaska 
Web site http://www.dec.state.ak.us/water/npdes/npdes.htm. Part or all 
of the State's 2,455 page APDES program application may be copied at 
EPA or at ADEC. ADEC has no copy fee for 200 or fewer pages and charges 
.20 per page for more than 200 pages. You may also request a copy of 
all or parts of the application from EPA using the Freedom of 
Information Act (FOIA) request process. The procedures and costs 
associated with a FOIA request can be found at the EPA Web site http://yosemite.epa.gov/r10/extaff.nsf/webpage/Freedom+of+Information+Act?OpenDocument.
    Locations of Educational Meetings and Public Hearings: On July 21, 
2008 at the Regency Fairbanks Hotel, 85 10th Avenue, Fairbanks, AK; on 
July 22, 2008 at the Centennial Hall, 101 Egan Drive, Juneau, AK; and 
on July 23, 2008 at the Howard Johnson Plaza Hotel, 239 W. 4th Avenue, 
Anchorage, AK. See SUPPLEMENTARY INFORMATION for additional 
information.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, Office of Water and 
Watersheds, U.S. Environmental Protection Agency, Region 10, 1200 6th 
Avenue, Suite 900, Mail Stop OWW-130, Seattle, WA 98101-3140, (206) 
553-6502, [email protected] or Greg Kellogg U.S. Environmental 
Protection Agency, Region 10, Alaska Operations Office, 222 W 7th 
Avenue, 19, Room 537, Anchorage, AK 99513, (907) 271-6328, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 402 of the CWA created the NPDES 
program under which EPA may issue permits for the point source 
discharge of pollutants to waters of the United States under conditions 
required by the Act. Section 402 also provides that EPA may approve a 
State to administer an equivalent state program, upon the Governor's 
request, provided the State has appropriate legal authority and a 
program sufficient to meet the Act's requirements. The regulatory 
requirements for state program approval are set forth in 40 CFR Part 
123, and 40 CFR 123.21 lists the basic elements of an approvable 
application.
    EPA Region 10 considers the documents submitted by the State of 
Alaska to be administratively complete at the time of this notice. EPA 
will not make a final decision on APDES program approval until after: 
(1) Considering all public comments provided during the public comment 
period and from the public hearings; (2) completion of EPA's evaluation 
of, and if necessary consultation with the National Marine Fisheries 
Service on,

[[Page 34747]]

the affects program approval may have on essential fish habitat, in 
accordance with section 305(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act; and (3) completion of government to 
government tribal consultations, as requested, with federally 
recognized tribes in Alaska.
    By letter dated June 29, 2006, the Governor of Alaska requested 
NPDES program approval and submitted an application that included a 
program description, an Attorney General's statement, copies of 
applicable State statutes and regulations, and a Memorandum of 
Agreement (MOA) to be executed by the Regional Administrator of EPA 
Region 10 and the Commissioner of ADEC. EPA received this package of 
materials on July 5, 2006. EPA Region 10 determined that Alaska's 
approval request did not constitute a complete package under 40 CFR 
123.21, and notified the Governor of Alaska on August 1, 2006, in 
writing of its concerns. On October 31, 2006, EPA sent ADEC a 
comprehensive list of comments on the July 5, 2006 application.
    Thereafter, by letter dated April 22, 2008, the Governor of Alaska 
requested NPDES program approval and submitted an application that 
includes a program description, an Attorney General's statement, copies 
of applicable State statutes and regulations, and a Memorandum of 
Agreement (MOA) to be executed by the Regional Administrator of EPA 
Region 10 and the Commissioner of ADEC. EPA received this package of 
materials on May 1, 2008. EPA Region 10 determined that the APDES 
program application received on May 1, 2008, along with revisions 
received up to June 9, 2008, constitute a complete package under 40 CFR 
123.21. A letter of completeness was sent to the Commissioner of ADEC 
on June 10, 2008.
    The State of Alaska is applying to administer the NPDES permitting, 
compliance and enforcement programs for individual and general permits, 
as well as for the pretreatment and stormwater programs in Alaska. The 
State is not applying to regulate the disposal of sewage sludge (Bio-
Solids Program) in Alaska. If EPA approves the State's program, EPA 
will retain NPDES permitting authority and primary enforcement 
responsibility over the Bio-Solids Program in accordance with section 
405 of the Act and 40 CFR part 503.
    The State does not have the authority to administer the NPDES 
program for facilities operating in the Denali National Park and 
Preserve pursuant to Alaska Statehood Act section 11; the United States 
has exclusive jurisdiction over the Denali National Park and Preserve. 
Additionally, the State does not have jurisdiction to administer the 
NPDES program over facilities discharging in Indian Country as defined 
in 18 U.S.C. 1151; facilities operating outside state waters (three 
miles offshore), or over facilities with CWA section 301(h) waivers. If 
EPA approves the State's program, EPA will retain NPDES permitting 
authority and primary enforcement responsibility over these facilities.
    The State of Alaska has asked to assume responsibility for the 
NPDES programs in phases, pursuant to the CWA section 402(n)(4). 
Alaska's application appears to meet the requirements for such a phased 
approach. In accordance with CWA section 402(n)(4), EPA may approve a 
phased permit program covering administration of a major component that 
represents a significant and identifiable part of the NPDES program.
    The State proposes to assume administration of the NPDES program by 
phases within 5 years after submission of the application, and agrees 
to make all reasonable efforts to assume such administration by such 
date. Specifically, ADEC's approval request includes a schedule for EPA 
to transfer permit, compliance, and enforcement responsibility for the 
NPDES program to DEC over three years from the date of APDES program 
approval. The following schedule identifies the phasing plan for when 
the APDES program will begin the administration of permitting, 
compliance, and enforcement activities associated with each major 
component: Phase I, at program approval the APDES program will include: 
Domestic Discharges, Timber Harvesting, Seafood Processing Facilities 
and Hatcheries. Phase II, one year from program approval the APDES 
program will add: Federal Facilities, Stormwater Program (excluding the 
Bio-Solids Program), Pretreatment Program, and miscellaneous non-
domestic discharges. Phase III, two years from program approval the 
APDES program will add Mining. Phase IV, three years from program 
approval the APDES program will add: Oil and Gas, Cooling water intakes 
and dischargers, Munitions, and all other remaining facilities.
    Pursuant to 40 CFR 123.21 and 123.61(b), the EPA must approve or 
disapprove the submitted APDES program (which has been determined to be 
complete) within 90 days of receipt, unless this review period is 
extended by mutual EPA-State agreement. To obtain program approval, the 
State must show, among other things that it has the authority to issue 
permits which comply with the Act, authority to impose civil and 
criminal penalties for permit violations, and authority to ensure that 
the public is given notice and an opportunity for a hearing on each 
proposed permit. After close of the comment period and completion of 
the required consultations, the Regional Administrator for EPA Region 
10 will make a decision to approve or disapprove the APDES program 
based on the requirements of Section 402 of the CWA and 40 CFR 123. If 
the Regional Administrator approves the Alaska program, the Regional 
Administrator will so notify the State and sign the proposed MOA. 
Notice would be published in the Federal Register and, as of the date 
of program approval, EPA would suspend issuance of NPDES permits in 
Alaska in accordance with the State's approved schedule to transfer 
NPDES program authority as described in the State's phasing plan. If 
EPA's Regional Administrator disapproves the APDES program, ADEC will 
be notified of the reasons for disapproval and of any revisions or 
modifications to the program that are necessary to obtain approval.
    Educational Meetings. The educational meetings will include a 
technical overview of both the federal and state programs. ADEC will 
participate with EPA during the educational portion of the meetings.
    Public Hearing Procedures. The public hearings will be conducted in 
accordance with 40 CFR 124.12 and will provide interested parties with 
the opportunity to give written and/or oral comments for the official 
record. The following procedures will be used at the public hearings. 
(1) The Presiding Officer shall conduct the hearing in a manner which 
will allow all interested persons wishing to make oral statements an 
opportunity to do so; however, the Presiding Officer may inform 
attendees of any time limits during the opening statement of the 
hearing. (2) Any person may submit written statements or documents for 
the hearing record. (3) The Presiding Officer may, in his discretion, 
exclude oral testimony if such testimony is overly repetitious of 
previous testimony or is not relevant to the decision to approve the 
submitted State APDES program. (4) The transcript taken at the hearing, 
together with copies of all submitted statements and documents, shall 
become a part of the record submitted to the Regional Administrator. 
(5) The hearing record shall be left open until the deadline for 
receipt of comments specified at the

[[Page 34748]]

beginning of this Notice to allow any person time to submit additional 
written statements or to present views or evidence tending to rebut 
testimony presented at the public hearing. (6) Hearing statements may 
be oral or written. Written copies of oral statements are urged for 
accuracy of the record and for use of the Hearing Panel and other 
interested persons. Persons wishing to make oral testimony supporting 
their written comments are encouraged to give a summary of their points 
rather than reading lengthy written comments verbatim into the record. 
All comments received by EPA Region 10 by the deadline for receipt of 
comments, or presented at the public hearing, will be considered by EPA 
before taking final action on Alaska's request for NPDES program 
approval.
    Summary of the Alaska Pollutant Discharge Elimination System 
(APDES) Program Submission. The ADEC application for program approval 
applies to discharges into waters of the United States covered by the 
authority of that Agency. This includes most discharges of pollutants 
subject to the federal NPDES program (e.g., municipal wastewater and 
stormwater point source discharges, pretreatment, industrial wastewater 
and stormwater point source discharges; and point source discharges 
from federal facilities). ADEC is not seeking authority to regulate the 
discharges of sewage sludge (Bio-Solids Program). The APDES program is 
fully described in documents the State has submitted in accordance with 
40 CFR 123.21, which include the following: a letter from the Governor 
requesting program approval; a Memorandum of Agreement (MOA) for 
execution by ADEC and EPA; a Program Description outlining the 
procedures, personnel and protocols that will be relied on to implement 
the State's permitting, compliance and enforcement program; a Statement 
signed by the Attorney General that describes the State's legal 
authority to administer a program equivalent to the federal NPDES 
program; and a description of the State's Continuing Planning Process. 
The following is a summary of these documents:
    Governor's Letter: Alaska's application for program approval 
includes a letter dated April 22, 2008, from Governor Sarah Palin 
officially requesting NPDES program approval pursuant to 40 CFR 
123.21(a)(1).
    Memorandum of Agreement (MOA): The requirements for the MOA are 
found in 40 CFR 123.24. An MOA is a document signed by each Agency, 
committing them to specific responsibilities relevant to the 
administration and enforcement of the State's regulatory program. An 
MOA specifies these responsibilities and provides structure for the 
State's program management and EPA's program oversight. The MOA 
submitted by the State of Alaska has been signed by the Commissioner of 
the Alaska Department of Environmental Conservation. The Regional 
Administrator of U.S. EPA Region 10 will sign the document if the MOA 
and the program have been determined approvable after all comments 
received during the comment period have been considered.
    Program Description: A program description submitted by a State 
seeking program approval must meet the minimum requirements of 40 CFR 
123.22. It must provide a narrative description of the scope, 
structure, coverage, and processes of the State program; a description 
of the organization and staffing for the lead State agency; and 
itemized costs and funding sources for the program for the first two 
years after program approval. It must describe all applicable State 
procedures (including administrative procedures for the issuance of 
permits and administrative or judicial procedures for their review) and 
include copies of forms used in the program. It must further contain a 
complete description of the State's compliance and enforcement tracking 
program.
    Attorney General's Statement: An Attorney General's Statement is 
required and described in regulations found at 40 CFR 123.23. The State 
Attorney General must certify that the State has lawfully adopted 
statutes and regulations which provide the State agency with the legal 
authority to administer a permitting program in compliance with 40 CFR 
Part 123. The Attorney General's Statement from Alaska certifies that 
the State of Alaska has the legal authority to administer the APDES 
program described in the program description.
    Continuing Planning Process: The State has submitted a description 
of its Continuing Planning process in accordance with CWA Section 
303(e) and 40 CFR 130.5. This document describes the State's planning 
processes for developing effluent limitations, total maximum daily 
loads (TMDLs), and water quality standards, among other things. The 
State plans to update this document, when necessary, to reflect 
significant changes to the process or new or amended federal 
regulations or guidance.
    Public Comment on the Described Program. The program submitted by 
the State of Alaska has been determined by EPA to be complete in 
accordance with the regulations found at 40 CFR part 123. EPA and ADEC 
want to encourage public participation in this authorization process so 
that the citizens of Alaska will understand the program in their State. 
Therefore, EPA requests the public to review the program that ADEC has 
submitted and provide any comments they feel are appropriate. EPA will 
consider all comments on the APDES program and/or its authorization in 
its decision.

    Authority: This action is taken under the authority of Section 
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby 
provide public notice of the application by the State of Alaska for 
approval to administer the State NPDES program, in accordance with 
40 CFR 123.61.

    Dated: June 10, 2008.
Elin D. Miller,
Regional Administrator, Region 10.
 [FR Doc. E8-13831 Filed 6-17-08; 8:45 am]
BILLING CODE 6560-50-P