[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52658-52659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21538]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9455-8]


State Program Requirements; Approval of Application for Program 
Revision to the National Pollutant Discharge Elimination System (NPDES) 
Program; Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On August 11, 2011, the Regional Administrator for the 
Environmental Protection Agency, Region 10 (EPA), approved the 
application by the State of Alaska to revise Alaska's National 
Pollutant Discharge Elimination System (NPDES) program pursuant to 
section 402 of the Clean Water Act (CWA or ``the Act''). The revised 
State program, called the Alaska Pollutant Discharge Elimination System 
(APDES), includes an implementation plan that transfers the 
administration of specific program components from EPA to the Alaska 
Department of Environmental Conservation (ADEC) in four phases. Phases 
I-III have been transferred from the EPA to ADEC. In March 2011, ADEC 
made a submission for approval for a one year extension of the transfer 
of Phase IV of the APDES program, which includes oil and gas, cooling 
water intakes and dischargers, munitions and all other remaining 
facilities not previously transferred in Phases I-III. The EPA approved 
the one year extension for Phase IV. Phase IV will transfer to ADEC 
four years from the date of program approval, or October 31, 2012. Upon 
approval of the program revision, the Regional Administrator notified 
the State and signed the modified Memorandum of Agreement (MOA) between 
EPA and ADEC. The EPA will suspend issuance of applicable NPDES permits 
in Alaska in accordance with the extension for transfer of NPDES 
program authority for Phase IV.

DATES: Pursuant to 40 CFR 123.62(b), the APDES program revision was 
approved and became effective on August 11, 2011.

FOR FURTHER INFORMATION CONTACT: To obtain further information or 
copies of related documents, contact Hanh Shaw, 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) 
553-0171, [email protected] or Theresa Svancara, 
[email protected], Alaska Department of Environmental 
Conservation, P.O. Box 111800, 410 Willoughby Avenue, Suite 303, 
Juneau, AK 99811-1800, (907) 465-5257, [email protected]. The 
ADEC's modified program description, the modified MOA related to the 
approved APDES program revision and the EPA's responses to comments can 
be viewed and downloaded from the EPA Web site http://yosemite.epa.gov/r10/water.nsf/NPDES+Permits/apdes and from the ADEC Web site http://www.dec.state.ak.us/water/npdes/index.htm.

SUPPLEMENTARY INFORMATION: Section 402 of the CWA created the NPDES 
program under which the 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 the EPA may approve 
a State to administer an equivalent state NPDES program. The EPA 
approved the APDES program application on October 31, 2008. The APDES 
program application was described in the Federal Register (73 FR 34746) 
published on June 18, 2008. The approved program authorized ADEC to 
assume responsibility for the NPDES program in four phases over three 
years from the date of APDES program approval. ADEC currently has NPDES 
permit administration authority for Phases I-III. These three phases 
cover the following major components: Phase I includes domestic 
discharges (excluding the bio-solids program), timber harvesting, 
seafood processing facilities and hatcheries; Phase II includes federal 
facilities, stormwater program, pretreatment program, and miscellaneous 
non-domestic discharges; and Phase III includes mining. The original 
ADEC phasing schedule authorized the transfer of Phase IV three years 
from APDES program approval, or October 31, 2011. Phase IV components 
include oil and gas, cooling water intakes and dischargers, munitions, 
and all other remaining facilities not previously transferred in Phases 
I-III.

A. Scope of APDES Program Revision

    ADEC proposed a delay of the Phase IV transfer for one year, or 
until October 31, 2012, by letter dated March 14, 2011. ADEC also 
submitted a modified APDES program description and a modified MOA 
related to the APDES program revision. The only changes proposed to the 
program description related to the one year extension for the transfer 
of the Phase IV program component and updating of the Phase IV permit 
list. The modifications incorporated the proposed one year extension of 
the Phase IV transfer.
    The APDES program revision was described in the Federal Register 
(76 FR 28027) published on May 13, 2011. Notice of the program revision 
was published in two Alaska newspapers. A public comment period was 
held from May 13-June 27, 2011. A public hearing on the program 
revision was held in Anchorage, Alaska on June 13, 2011. Additionally, 
the EPA held government-to-government consultation teleconferences on 
April 26, 27 and 28, 2011 for interested tribes

B. Public Comments

    The EPA received comments concerning the APDES program revision, 
including comments in support of the Phase IV extension. The EPA did 
not receive any comments urging the EPA to disapprove the requested 
program revision. One commenter did not support a time extension for 
any greater length of time. A Tribal association suggested that the EPA 
consider adopting stipulations related to jurisdiction issues and 
authorities of federally-recognized tribal governments in Alaska. All 
public comments are addressed in the EPA response to comments document 
dated August 2011, which can be viewed and downloaded from the EPA Web 
site http://yosemite.epa.gov/r10/water.nsf/NPDES+Permits/apdes.

C. Notice of Decision

    I hereby provide public notice that the EPA has taken final action 
approving the APDES program revision extending

[[Page 52659]]

the Phase IV transfer date to October 31, 2012.
    Authority: This action is taken under the authority of Section 402 
of the Clean Water Act as amended, 42 U.S.C. 1342.

    Dated: August 16, 2011.
Dennis McLerran,
Regional Administrator, U.S. Environmental Protection, Region 10.
[FR Doc. 2011-21538 Filed 8-22-11; 8:45 am]
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