[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63707-63709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25577]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8734-6]


Reissuance of NPDES General Permits (GPs) for Log Transfer 
Facilities in Alaska; One GP Covers Log Transfer Facilities in Alaska 
that Received a Section 404 Permit Prior to October 22, 1985 (Permit 
Number AK-G70-0000); and Another GP for Other Log Transfer Facilities 
in Alaska that Meet Eligibility Requirements (Permit Number AK-G70-
1000)

AGENCY: Environmental Protection Agency.

ACTION: Final Notice of Issuance of two general NPDES permits.

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SUMMARY: The Director of the Office of Water and Watersheds, EPA Region 
10, is publishing notice of the final National Pollutant Discharge 
Elimination System (NPDES) general permits (numbers AK-G70-0000 and AK-
G70-1000) to provide Clean Water Act (33 U.S.C. 1251 et seq.) 
authorization for log transfer facilities (LTFs) operating in Alaska. 
General permit (GP) AK-G70-0000 (the ``Pre-1985'' GP) 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 (Pub. L. 100-4). All other LTFs can apply to be authorized 
to discharge under AK-G70-1000 (the ``Post-1985'' GP) if they meet 
eligibility requirements.
    The final Post-1985 GP is a reissuance of a previously issued LTF 
GP that became effective on March 21, 2000, and was subsequently 
modified on April 27, 2004 (69 FR 19417). The Post-1985 GP expired on 
March 21, 2005, and has been administratively extended since that time. 
The final Pre-1985 GP contains additional modifications to section 404 
permits issued to LTFs prior to October 22, 1985. The modifications 
implemented by the Pre-1985 GP became effective as of April 27, 2004, 
and such modifications did not expire because the section 404 permits 
have no expiration date. Because EPA is using a

[[Page 63708]]

section 402 permit to implement the section 404 permit modifications, 
the Pre-1985 GP will expire in accordance with 40 CFR 122.46(a). In the 
Pre-85 GP, if a facility meets the eligibility criteria, the facility 
timely submitted a new Notification at least 180 days prior to March 
21, 2005, and unless LTF operations have materially changed since 
submission of that Notification, the operator of that facility is not 
required to submit a new Notification, but may: (i) Adopt the 
previously filed Notification in a written adoption letter to EPA and 
Alaska Department of Environmental Conservation (``ADEC'') no later 
than 90 days after the effective date of this permit; and (ii) in that 
adoption letter include the information required by subparagraphs D.4.d 
and D.4.e of Section IV. If a facility timely did not submit a 
Notification at least 180 days prior to March 21, 2005, written 
Notification must be submitted to EPA and ADEC within 90 days of the 
effective date of this general Permit. If a facility has not operated 
since March 7, 2000, and wishes to begin operations more than 90 days 
after the effective date of this Pre-85 permit, the facility must 
provide the Notification required by Section IV, to EPA and ADEC no 
later than 60 days prior to beginning discharges (see Parts I.A. and 
IV. of the Pre-85 GP).
    In the Post-85 GP, owners or operators of a new LTF seeking 
authorization to discharge under this general permit must submit a NOI 
to EPA and ADEC at least sixty (60) days prior to anticipated 
commencement of operation and discharge (see Part V.C). For an existing 
LTF, if a facility timely submitted an NOI under 40 CFR 122.6 at least 
180 days prior to the expiration of the previously issued general 
permits and unless LTF operations have materially changed since 
submission of that NOI, the operator of that facility is not required 
to submit a new NOI, but may: (i) Adopt the previously filed NOI in a 
written adoption letter to EPA and ADEC no later than 60 days after the 
effective date of this permit; and (ii) in that adoption letter, 
include the information required by subparagraphs D.4.d. and D.4.e of 
Part V. (see Part V.C of the Post-85 GP).
    A fact sheet has been prepared which sets forth the principle 
factual, legal, policy, and scientific information considered in the 
development of the general permits. Both GPs contain a combination of 
technology-based requirements, best professional judgment and water 
quality-based effluent limits, standards, or conditions.
    EPA received comments on the GPs during the public comment period, 
and has prepared a Response to Comments to explain changes made in the 
permits based on the comments and reasons for not making changes.

DATES: The GPs will become effective on December 1, 2008. The permits 
will expire on November 30, 2013.
    Public Comment: Pursuant to section 402 of the Clean Water Act, 33 
U.S.C. 1342, EPA proposed to reissue the general permits and solicited 
comments on the draft general permits in the Federal Register on July 
31, 2007. Notices of the draft general permits were also published in 
the Anchorage Daily News and the Ketchikan Daily News on July 27, 2007. 
There was a 60-day public comment period from July 27, 2007, to 
September 25, 2007. On September 6, 2007, EPA and ADEC held a Public 
Meeting and a Public Hearing concerning the then proposed GPs in 
Centennial Hall and Convention Center in Juneau, Alaska.

ADDRESSES: Copies of the GPs and the Response to Comments may be 
requested from Audrey Washington, EPA Region 10, 1200 Sixth Avenue, 
Suite 900, OWW-130, Seattle, WA 98101 or by e-mail to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Copies of the general permits, fact 
sheet, and response to comments are available on the EPA Region 10 Web 
site at http://yosemite.epa.gov/R10/WATER.NSF/NPDES+Permits/General+NPDES+Permits. They can also be requested by phone from Audrey 
Washington at (206) 553-0523.

SUPPLEMENTARY INFORMATION: 

State Water Quality Standards and State Certification

    On October 10, 2008, ADEC provided two certifications that both GPs 
would comply with section 401 of the Clean Water Act. ADEC also 
certified that the permits would comply with the Alaska State Water 
Quality Standards (Alaska Administrative Code 18 AAC70), including the 
State's antidegradation policy.

National Environmental Policy Act

    The National Environmental Policy Act (NEPA) at 42 U.S.C. 4322, 
requires Federal agencies to conduct an environmental review of their 
actions (including permitting activity) that may significantly affect 
the quality of the human environment. EPA regulations which implement 
NEPA (40 CFR 6) clarify this requirement as it pertains to NPDES 
permitting actions for new sources of discharge types with promulgated 
effluent limitation guidelines. No effluent limitation guidelines have 
been proposed or promulgated for discharges from LTFs pursuant to CWA 
Section 306, thus, new LTFs that may seek to discharge under the 
proposed GPs do not meet the criteria for new sources. Therefore, a 
NEPA environmental review is not required for the permits.

Endangered Species Act

    Section 7 of the Endangered Species Act requires EPA to consult 
with the U.S. Fish and Wildlife Service and NOAA Fisheries regarding 
the potential effects that an action may have on listed endangered or 
threatened species or their critical habitat. To address these ESA 
requirements, and in support of EPA's informal consultation with the 
Services, a Biological Evaluation (BE) was prepared to analyze these 
potential effects. During the development of the draft general permits, 
information provided by the Services was used to identify 12 species of 
interest for consideration in the BE. The results of the BE concluded 
that discharges from LTFs will either have no effect or are not likely 
to adversely affect threatened or endangered species in the vicinity of 
the discharge. The fact sheet, the draft permits and the BE had been 
mailed to the Services for consistency with those programs established 
for the conservation of endangered and threatened species.

Magnuson-Stevens Fishery Conservation and Management Act

    Section 305(b) of the Magnuson-Stevens Act [16 U.S.C. 1855(b)] 
requires Federal agencies to consult with NOAA Fisheries when any 
activity proposed to be permitted, funded, or undertaken by a Federal 
agency may have an adverse effect on designated Essential Fish Habitat 
(EFH) as defined by the Act. To address the requirements of the 
Magnuson-Stevens Act, EPA prepared an EFH Assessment concluding that 
LTF operations are not likely to have an adverse effect on EFH as the 
total area likely to be adversely impacted is an extremely small 
proportion of the total available habitat.

Alaska Coastal Management Program

    The State of Alaska, Department of Natural Resources (ADNR), Office 
of Project Management and Permitting (OPMP), reviewed this permitting 
action for consistency as provided in section 307(c)(3) of the Coastal 
Zone Management Act of 1972, as amended [16 U.S.C. 1456(c)(3)]. EPA has 
determined that the activities authorized by the proposed GPs are 
consistent to the maximum extent practicable with the state's Coastal 
Zone

[[Page 63709]]

Management Plan. On November 6, 2007, EPA received concurrence from the 
ADNR OPMP prior to issuing the final permits.

Executive Order 12866

    EPA has determined that these GPs are not ``significant regulatory 
action'' under the terms of Executive Order 12866 and are 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 5 U.S.C. 553(b) that have a significant impact on a 
substantial number of small entities. Although general permits are 
considered to be adjudications and not rules and therefore are not 
legally subject to the Regulatory Flexibility Act, as a matter of 
policy EPA is evaluating on an individual basis whether or not a 
specific general permit would have a significant economic impact on a 
substantial number of small entities. Upon considering EPA's current 
guidance, entitled Final Guidance for EPA Rulewriters: Regulatory 
Flexibility Act as Amended by the Small Business Regulatory Enforcement 
and Fairness Act, and the fact that each of these general permits 
affects less than 100 facilities, EPA concludes that these general 
permits do not have a significant economic impact on a substantial 
number of small entities and that the RFA does not call for further 
quantitative analysis of impacts.

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. However, general NPDES permits are not ``rules'' 
subject to the requirements of 5 U.S.C. 553(b) and are therefore not 
subject to the UMRA.

Appeal of Permits

    Any interested person may appeal the general 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 after the permit 
effective date. Persons affected by the permits may not challenge the 
conditions of the permits in further EPA proceedings (See 40 CFR 
124.19). Instead they may either challenge the permit in court or apply 
for an individual NPDES permit.

    Signed this 20th day of October, 2008.
Michael F. Gearheard,
Director, Office of Water and Watersheds, Region 10.
 [FR Doc. E8-25577 Filed 10-24-08; 8:45 am]
BILLING CODE 6560-50-P