[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Notices]
[Pages 21432-21433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10037]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6483-5]
Draft General NPDES Permit for Seafood Processors in Alaska in
Waters of the United States; General NPDES Permit No. AK-G52-0000
AGENCY: Environmental Protection Agency, Region 10.
ACTION: Notice of Draft General NPDES Permit.
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SUMMARY: The Director, Office of Water, EPA Region 10, is proposing to
reissue general National Pollutant Discharge Elimination System (NPDES)
permit no. AK-G52-0000 for seafood processors in Alaska pursuant to the
provisions of the Clean Water Act (CWA) 33 U.S.C. 1251 et seq. The
proposed general NPDES permit will authorize discharges from off-shore
and near-shore vessels and shore-based facilities engaged in the
processing of fresh, frozen, canned, smoked, salted and pickled
seafoods. The proposed permit will also authorize discharges from off-
shore vessels (operating more than one nautical mile from shore at
MLLW) that are engaged in the processing of seafood paste, mince or
meal, as well as fresh, frozen, canned, smoked, salted and pickled
seafoods. The proposed permit will authorize discharges of processing
wastes, process disinfectants, sanitary wastewater and other
wastewaters, including domestic wastewater, gray water, cooling water,
boiler water, fresh water pressure relief water, refrigeration
condensate, water used to transfer seafood to a facility, and live tank
water. The proposed permit will authorize discharges to waters of the
United States in and contiguous to the State of Alaska, except for
receiving waters excluded from coverage as protected, special, at-risk,
degraded waters, or as waters adjacent to the City of Kodiak or the
Pribilof Islands (and covered by general permits specific to each of
these areas).
The proposed general NPDES permit for seafood processors in Alaska
will not authorize discharges from near-shore or shore-based seafood
processors of mince, paste or meal (operating one nautical mile or less
from shore at MLLW). The proposed permit will not authorize discharges
of petroleum hydrocarbons, toxic pollutants, or other pollutants not
specified in the permit.
This is the fourth reissuance of a general permit for seafood
processors in Alaska. While the general permit for seafood processors
issued in 1995 contained numerous substantial changes, the proposed
2000 permit contains one major change. The major new provision in the
proposed general permit is a limit on the total annual load of
settleable solid seafood processing waste. The total allowable residues
of offal for permittees covered under the proposed permit must not
exceed eight million pounds per year (based on deposition modeling
using EPA's Water Quality Analysis Simulation Program).
Other minor changes in the proposed permit clarify requirements of
the Notice of Intent to be covered and give specific schedules for
submitting seafloor monitoring surveys. EPA anticipates that the State
of Alaska Department of Environmental Conservation will certify a 100
foot mixing zone for all discharges and zone of deposit of one acre for
near-shore and shore-based dischargers.
A draft NPDES permit, fact sheet and other documents of the
administrative records are available upon request.
Public Notice Issuance Date: April 28, 2000
Public Notice Expiration Date: June 12, 2000
Public Comments
Persons wishing to comment on the tentative requirements and
conditions contained in the proposed general permit may do so before
the expiration date of the public notice. EPA appreciates both
supportive and critical comments in this public review and comment
period. All persons, including applicants, who believe any condition of
a draft permit is inappropriate or that the Director's tentative
decision to prepare this draft permit is inappropriate, must raise all
reasonably ascertainable issues and submit all reasonably available
arguments supporting their position by the close of the public comment
period. Any supporting materials which are submitted shall be included
in full and may not be incorporated by reference, unless they are
already part of the administrative record or are a generally available
document or reference. All written comments must include the name,
address, and telephone number of the commenter and must be submitted to
EPA to the attention of Burney Hill
[[Page 21433]]
at the address below on or before the expiration date of the public
notice.
After the expiration date of the public notice, the Director,
Office of Water, EPA Region 10, will make a final determination with
respect to reissuance of the general permit. The tentative requirements
contained in the draft general permit will become final conditions if
no substantive comments are received during the public comment period.
The permit will become effective on August 5, 2000.
Within 120 days following the service of notice of EPA's final
permit decision under 40 CFR 124.15, any person who filed comments on
the draft permit or participated in the public hearing may appeal the
permit in the Federal Court of Appeals in accordance with section
509(b)(1) of the CWA. Persons affected by a general permit may not
challenge the conditions of the Permit as a right of further EPA
proceedings.
In addition to the tentative requirements of the draft general
permit, the State of Alaska will issue a Determination of Consistency
with the Alaska Coastal Management Program and State Certification
which may contain specific requirements which will be incorporated into
the final permit. Persons wishing to comment on the State Certification
should contact Judy Kitagawa of the Alaska Department of Conservation,
Valdez, at (907) 835-4698.
The following project is proposed in coastal zone areas throughout
Alaska and also is being reviewed for consistency with the Alaska
Coastal Management Program. Comments, particularly on the proposed
project's consistency with the affected local coastal district
management programs, are requested. Persons wishing to comment on the
State Determination of Consistency with the Alaska Coastal Zone
Management Plans should contact Maureen McCrea at (907) 269-7473. To be
considered, written comments must be submitted to the Office of
Management and Budget, Division of Governmental Coordination, 550 West
Seventh, Anchorage, Alaska 99501, Fax: 907-269-3981, and must be
received by 5:00 p.m. on May 31, 2000. Comments regarding inconsistency
with an affected coastal district's enforceable policy or a state
standard set out in 6 AAC 80.040-6 AAC 80.150 must identify the
enforceable policy or standard and explain how the project is
inconsistent.
Public Hearing
A public hearing has tentatively been scheduled for June 1, 2000,
from 3 p.m. to 5 p.m. to be held in Anchorage, Alaska, room 135,
Federal Building. However, this public hearing will be canceled if
there is no written request for a public hearing. A public workshop is
planned for June 1, 2000, for all interested parties. Details of this
public workshop will be sent to all interested parties.
Administrative Record
The complete administrative record for the draft permit is
available for public review. Contact Florence Carroll at the address
below to view the administrative record. Copies of the draft general
NPDES permit and fact sheet are available upon request; call Florence
Carroll at 1-800-424-4EPA (4372) (within Region 10 only) or (206) 553-
1760 or email your request to ``[email protected]''. The draft
permit, the fact sheet, and the public notice will be available April
28, 2000, on Region 10's website: ``www.epa.gov/r10earth/water.htm''.
ADDRESSES: Public comments should be sent to: Environmental Protection
Agency Region 10, NPDES Permit Unit (OW-130), Attn: Burney Hill, 1200
Sixth Avenue, Seattle, Washington, 98101.
FOR FURTHER INFORMATION CONTACT: Florence Carroll, of EPA Region 10, at
the address listed above or telephone (206) 553-1760 or e-mail
``[email protected]'' or Burney Hill, of EPA Region 10, at the
address listed above or telephone (206) 553-1761 or e-mail
``[email protected]''.
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
number of small entities.'' EPA has concluded that NPDES general
permits are permits 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
general permit, if issued, will not have a significant economic impact
on a substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: April 13, 2000.
Christine Psyk,
Acting Director, Office of Water.
[FR Doc. 00-10037 Filed 4-19-00; 8:45 am]
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