[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Notices]
[Pages 19417-19419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8314]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7646-8]
Final Modified NPDES Permits for Log Transfer Facilities
Operating in Alaska Prior to October 22, 1985, and Possessing a Section
404 Permit But Not a Section 402 permit (AK-G70-0000), and All Other
Log Transfer Facilities Operating in Alaska (AK-G70-1000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final Modified NPDES General Permits.
-----------------------------------------------------------------------
SUMMARY: The Director of the Office of Water, EPA Region 10, is
publishing notice of the availability of two modified National
Pollutant Discharge Elimination System (NPDES) general permits (numbers
AK-G70-0000 and AK-G70-1000) for coverage of log transfer facilities
(LTFs) operating in Alaska, pursuant to the provisions of the Clean
Water Act, 33 U.S.C. 1251 et seq. General permit AK-G70-0000 (``pre-
1985 permit'') 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 (Public Law 100-4). All
other LTFs can apply to be authorized to discharge under general permit
number AK-G70-1000 (``post-1985 permit'').
Because general permit AK-G70-0000 contains modifications of the
existing permits originally issued under section 404 of the Clean Water
Act for LTFs operating prior to October 22, 1985, the modified permit
conditions apply to discharges of bark and wood debris from those LTFs
upon the effective date of the permit. Under modified AK-G70-0000, to
be authorized to discharge bark or wood debris in a project area zone
of deposit, a pre-1985 LTF must: Submit a Notification form to EPA and
the Alaska Department of Environmental Conservation (ADEC); and,
receive a final decision document and authorization of a project area
zone of deposit from ADEC. General permit AK-G70-1000 authorizes
discharges to marine waters of Alaska (extending from the Alexander
Archipelago west through central Gulf of Alaska and Prince William
Sound to Kodiak Island) from LTFs, not possessing pre-1985, section 404
permits, or from LTFs which have received a previous individual permit.
In order to be authorized to discharge bark or wood debris under AK-
G70-1000, a LTF must: Submit a Notice Of Intent application for permit
coverage to EPA and the Alaska Department of
[[Page 19418]]
Environmental Conservation (ADEC); receive a final decision document
and authorization of a project area zone of deposit from ADEC; and,
receive written authorization to discharge from EPA. For LTFs that
received written authorization to discharge under AK-G70-1000 prior to
these modifications, the modified permit conditions will apply to
discharges of bark and wood debris from those LTFs upon the effective
date of the permit.
Except for those LTFs operating in areas excluded from general
permit coverage under the post-1985 permit, the modified general
permits authorize the discharge of bark and wood debris, under the
specified terms of the general permits, into both near-shore and
offshore marine waters in Alaska. Two modifications were made to both
of the general permits. One of the modifications provides that ADEC
must issue a final decision document authorizing a project area zone of
deposit (ZOD) to each LTF prior to that LTF discharging bark and wood
debris under the permits. The second modification requires that when
conducting the annual bark monitoring, if continuous coverage of bark
and wood debris is found at minus 60 feet, the bark monitoring survey
must continue deeper until the continuous coverage ends, or at minus
100 feet in depth, whichever occurs first.
DATES: The modified general NPDES permits shall become effective on
April 27, 2004. The post-1985 general permit and the authorization to
discharge shall expire at midnight on March 21, 2005.
ADDRESSES: The complete administrative record for the modified general
NPDES permits are available for public review by contacting EPA Region
10, 1200 Sixth Avenue, Seattle, Washington 98101, Telephone: (206) 553-
0523 or (206) 553-1643, or via EMAIL to the following address:
[email protected]. For those with impaired hearing or speech,
please contact EPA's telecommunication device for the deaf (TDD) at
206/553-1698. Copies of the modified general NPDES permits, supporting
statement of basis for the draft general NPDES permits, response to
public comments, and today's publication are available from the EPA
Alaska Operations Office at 222 West 7th Avenue, 19,
Anchorage, Alaska 99513-7588, 907/271-6561 or the Alaska Department of
Environmental Conservation at 410 Willoughby Avenue, Suite 105, Juneau,
Alaska 99801. These documents can also be found by visiting the Region
10 Web site at http://www.epa.gov/r10earth/water/htm.
FOR FURTHER INFORMATION CONTACT: Audrey Washington at (206) 553-0523.
SUPPLEMENTARY INFORMATION:
Public Comment
Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA
originally proposed and solicited comments on the draft general permits
in the Federal Register at 65 FR 11999 (March 7, 2000). In response to
petitions to review the permits brought by the Natural Resources
Defense Council and nine other petitioners, the United States Court of
Appeals for the Ninth Circuit, on February 13, 2002, ruled that the EPA
did not provide adequate notice of and opportunity to comment on the
general NPDES permits, and remanded the permits to EPA to take further
comment on the project area ZOD. On October 22, 2002, EPA proposed
modifications to, and requested additional public comments on, general
NPDES permits AK-G70-0000 and AK-G70-1000 (67 FR 64885). The public
comment period was twice extended (67 FR 68869 and 68 FR 2540), and
closed on January 27, 2003. Notice for public comment was also
published in the Anchorage Daily News, Ketchikan Daily News, The Seward
Phoenix Log, The Valdez Vanguard, and The Cordova Times. Additionally,
copies of the draft modifications to the permits were sent to all known
log transfer facilities operating under a section 404 permit issued
prior to October 22, 1985.
Public comment was solicited on five proposed modifications to the
general permits related to: (1) The timing of final zone of deposit
authorization by the State of Alaska; (2) exclusion of permit coverage
in impaired waterbodies; (3) a limit on continuous bark or wood debris
coverage of one acre and 10 centimeters at any point within a project
area ZOD; (4) a lower threshold amount for continuous coverage to
invoke amendments to a facility's Pollution Prevention Plan; and, (5)
increasing the depth of bark surveys of continuous coverage on the
ocean bottom to--100 feet.
In response to numerous comments received from facility
representatives, tribal representatives, concerned citizens,
environmental groups, the U.S. Forest Service, U.S. Fish and Wildlife
Service, the National Marine Fisheries Service, local municipalities,
and the State of Alaska, the Director has decided to make two out of
the five proposed modifications; e.g., numbers 1 and 5 above. All
comments, along with EPA's responses, are summarized in the Response to
Comments document, which may be obtained at the above addresses, or
viewed on the Region 10 Web site listed above.
Legal Requirements
Coastal Zone Management Act
The State of Alaska, Office of Management and Budget, Division of
Governmental Coordination, found the original general permits to be
consistent with the approved Alaska Coastal Zone Management Program.
The successor agency for the coastal zone consistency review, the
Alaska Department of Natural Resources, Office of Project Management
and Permitting, concurred that the modified general permits were not
``major amendments'' and did not require a new consistency
determination.
Endangered Species Act and Essential Fish Habitat
Consultation under the Endangered Species Act was conducted with
the U.S. Fish and Wildlife Service and National Marine Fisheries
Service. The EPA determined that the actions are not likely to
adversely affect any threatened or listed species. EPA has also made a
determination that the actions have no adverse effects on Essential
Fish Habitat.
State Water Quality Standards and State Certification
The State of Alaska, Department of Environmental Conservation
certified under section 401 of the Clean Water Act, that the subject
discharges under both of the original general permits comply with the
Alaska State Water Quality Standards and sections 208(e), 301, 302,
303, 306 and 307 of the Clean Water Act. The Department determined that
the general permit modifications were of a minor nature and that a new
certification was not necessary.
Executive Order 12866
EPA has determined that this general permit is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
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).
[[Page 19419]]
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 the requirements of 5 U.S.C. 553(b) that have a significant
impact on a substantial number of small entities. The permit issued
today, however, is not a ``rule'' subject to the requirements of 5
U.S.C. 553(b) and is therefore not subject to the RFA.
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. The permit issued today, however, is not a ``rule''
subject to the RFA and is therefore not subject to the requirements of
UMRA.
Appeal of Permit
Any interested person may appeal the modifications of the Log
Transfer Facility General NPDES 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 of the permit effective date. The
permit effective date is defined at 40 CFR 23.2 to be at 1 p.m. eastern
time, two weeks after the date of publication in the Federal Register.
Persons affected by a general NPDES 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 NPDES permit.
Dated: April 5, 2004.
Robert R. Robichaud,
Associate Director, Office of Water, Region 10.
[FR Doc. 04-8314 Filed 4-12-04; 8:45 am]
BILLING CODE 6560-50-P