[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65483-65484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26873]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9217-5]


Proposed Reissuance of General NPDES Permits (GP) for Alaskan 
Medium-Size Suction Dredging (Permit Number AKG-37-1000)

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Proposed reissuance of a general permit.

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SUMMARY: On October 7, 2010, the general permit regulating the 
activities of suction dredge gold placer mining operations in the State 
of Alaska expired. EPA proposes to reissue this general permit with no 
changes. On October 31, 2008, EPA approved the application submitted by 
the State of Alaska to administer the NPDES Program. Under the State 
program, the Alaska Department of Environmental Conservation (ADEC) 
will be phasing in the program over a three year period with permit 
authority for different categories of discharges being transferred to 
the State on specific dates. Under this phased approach, authority to 
issue permits to the mining sector will transfer to Alaska on October 
31, 2010. According to the Memorandum of Agreement between EPA and 
ADEC, EPA will complete work on any project where substantial work has 
been initiated prior to the transfer dates, however, the State would 
issue any final permit after the transfer date. Due to the timing of 
the public notice of this permit, the final permit will be issued by 
the State of Alaska.

DATES: Interested persons may submit comments on the proposed 
reissuance of the GP to EPA, Region 10 at the address below. Comments 
must be postmarked by December 9, 2010.

ADDRESSES: Comments on the proposed GP reissuance should be sent to the 
attention of the Director, Office of Water & Watersheds, EPA--Region 
10, 1200 Sixth Avenue, Suite 900, OWW-130, Seattle, WA 98101. Comments 
may also be submitted electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: Copies of the proposed GP, Fact Sheet 
and other documents from the Administrative Record are available upon 
request. Requests may be made to Audrey Washington at (206) 553-0523 or 
[email protected] or to Cindi Godsey at (907) 271-6561 or 
[email protected].
    The draft GP and fact sheet may also be found on the EPA Region 10 
Web site at http://yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage then click on ``Current public comment 
opportunities.''

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.
    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

[[Page 65484]]

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 GP, as reissued, will not have a significant economic impact on a 
substantial number of small entities.

    Dated: October 17, 2010.
Michael A. Bussell,
Director, Office of Water & Watersheds, Region 10, U.S. Environmental 
Protection Agency.
[FR Doc. 2010-26873 Filed 10-22-10; 8:45 am]
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