[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Notices]
[Pages 51112-51113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24997]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5618-9]
Proposed General NPDES Permit for Log Transfer Facilities in
Alaska: General NPDES Permit No. AK-G70-0000
AGENCY: Region 10, Environmental Protection Agency (EPA).
ACTION: Notice of Proposed General NPDES Permit.
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SUMMARY: The Director, Office of Water, EPA Region 10, proposes to
issue General National Pollutant Discharge Elimination System (NPDES)
Permit No. AK-G70-0000 for marine discharges associated with log
transfer facilities in Alaska. The EPA is soliciting comments on the
draft general permit described in this public notice. At the end of
this public comment period, the EPA will make a final determination on
permit issuance.
Administrative Record. The draft general NPDES permit, fact sheet,
and the draft technical report for the ``Ocean Discharge Criteria
Evaluation of the NPDES General Permit for Alaskan Log Transfer
Facilities'' are available for inspection and copying at the EPA office
in Anchorage (Room 537) any time between 8:00 am and 4:30 pm., Monday
through Friday. Copies and other information may also be requested by
mail or by calling Susan Cantor at (907) 271-3413.
Public Comments. Interested persons may submit written comments on
the draft general NPDES permit on or before October 30, 1996, to the
attention of Susan Cantor at the address below. All comments should
include the name, address, and telephone number of the commenter, a
concise statement of comment and the relevant facts upon which it is
based.
State Certification. Persons wishing to comment on State
Certification of the proposed general NPDES permit should submit
written comments within this public comment period to the State of
Alaska, Alaska Department of Environmental Conservation, 410 Willoughby
Avenue, Suite 105, Juneau, Alaska 99801-1795. Comments should be
addressed to the attention of Dave Sturdevant.
State Consistency Determination. The State of Alaska, Division of
Governmental Coordination requests your comments on the proposed
action's consistency with the Alaska Coastal Management Program. Under
Alaska Statute 46.40.100, your comments must be received within the
public comment period in order to preserve your right to petition the
Coastal Policy Council for a review of the proposed consistency
determination. The right to petition the Coastal Policy Council is
limited to the applicant, an affected coastal resource district, a
State agency, or a citizen of the affected coastal resource district.
The comments must address whether the proposed action is consistent
with the enforceable policies of the affected coastal district's
management program. For more information on the consistency review
process and the comment deadline, or to submit comments, please contact
the Division of Governmental Coordination, P.O. Box 110030, Juneau,
Alaska 99811-0030. Comments should be addressed to the attention of Rex
Blazer.
Final Determination. After the public notice period expires, the
Director of the Office of Water, EPA Region 10, will make a final
determination on permit issuance in accordance with 40 CFR Part 124.15.
The tentative requirements contained in this draft general NPDES permit
will become final conditions if no substantive comments are received
during the public comment period.
Appeal. Within 120 days following service of notice of EPA's final
permit decision, any interested person may appeal that decision in the
appropriate Circuit Court of Appeals of the United States, in
accordance with Section 509 of the Clean Water Act and 40 CFR Part
124.71. After 120 days, persons affected by a general permit may not
challenge the conditions of the permit as a right of further EPA
proceedings. Instead, they may either challenge the permit in court or
apply for an individual NPDES permit and then request a formal hearing
on the issuance or denial of an individual permit.
DATES: The public notice issuance date is September 30, 1996. The
expiration date of this public notice is October 30, 1996. All comments
must be submitted to EPA on or before October 30, 1996. Additional time
may be granted where a commenter demonstrates the need for such time.
[[Page 51113]]
ADDRESSES: Please address all written comments to Susan Cantor,
Environmental Protection Agency, Region 10, Alaska Office, 222 W.
Seventh Avenue #19, Anchorage, Alaska 99513. Comments may be mailed or
submitted via facsimile to (907) 271-3424.
FOR FURTHER INFORMATION CONTACT: Susan Cantor, of Environmental
Protection Agency, Region 10, Alaska Office, at the address listed
above or by telephone at (907) 271-3413. Inquiries may be submitted via
facsimile to (907) 271-3424. Requests may be electronically mailed to
[email protected] Additional services can be made available
to persons with disabilities. For those with impaired hearing or
speech, please contact EPA's telecommunication device for the deaf at
(206) 553-1698.
SUPPLEMENTARY INFORMATION: In the opinion of EPA, discharges associated
with Alaskan log transfer facilities would be more appropriately
controlled under a general permit rather than under individual permits.
The proposed general permit would provide fair and uniform requirements
for industry in accordance with the provisions of the Clean Water Act,
and would reduce paperwork and delays in permit issuance for qualifying
dischargers.
If issued, this general NPDES permit would authorize qualifying log
transfer facilities to discharge bark and woody debris into both near-
shore and offshore marine waters in Alaska, except in areas excluded
from coverage. The permit would not authorize discharges into waters
identified as critical or protected resources, waters which do not meet
the siting guidelines of the Alaska Timber Task Force, and waters
already exceeding Alaska Water Quality Standards for parameters
relating to bark and woody debris. The state of Alaska proposes to
grant a one-acre zone of deposit for those log transfer facilities
authorized under this permit.
Log transfer facilities authorized under this permit would be
required to minimize the introduction of bark and woody debris into
marine waters through implementation of effluent limitations and best
management practices. Annual underwater bark monitoring would be
required for facilities where bark accumulation was likely to occur.
Those permittees would also be required to develop and implement a
pollution prevention plan.
In order to be authorized under this general NPDES permit, new
dischargers would be required to submit a notice of intent to EPA and
to receive written authorization to discharge from EPA. A notice of
intent would also be required for those permitted facilities wishing to
discharge after their individual NPDES permits have expired.
This general NPDES permit would modify existing permits issued
under Section 404 of the Act for log transfer facilities constructed
and operated prior to October 22, 1985. If this general NPDES permit is
issued, the applicable Section 404 permits would be modified to
incorporate the provisions of the general permit. Dischargers
authorized under Section 404 prior to October 22, 1985, would be
required to submit information to EPA regarding their location and
discharge.
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
After review of the facts presented in the notice printed above, I
hereby certify pursuant to the provision of 5 U.S.C. 605(b) that this
general NPDES permit will not have a significant impact on a
substantial number of small entities. Moreover, the permit reduces a
significant administrative burden on regulated sources.
Dated: September 20, 1996.
Roger K. Mochnick,
Acting Director, Office of Water.
[FR Doc. 96-24997 Filed 9-27-96; 8:45 am]
BILLING CODE 6560-50-P
