### United States

Environmental Protection Agency



# Questionnaire for

Canned and Preserved Seafood Processing Facilities in

Certain Locations of Alaska

EPA is distributing this questionnaire under the authority of Section 308 of the

Clean Water Act. You must return the completed questionnaire(s) to EPA within 45 days of receiving it. If you fail to re spond, file late, or fail to comply with the instructions, you may be subject to criminal fines, civil penalties, and other sanctions, as provided by law.



## April 2010i 

### INTRODUCTION

The U.S. Environmental Protection Ag ency (EPA) is conducting an informat ion gathering effort of nine or fewer corporations or entities within the Canned and Preserved Seafood Processing Category ( Seafood Processing Facilities ). This effort is focused on entities with operations in certain locations in

Alaska. These locations include:

 Anchorage;

 Cordova;

 Juneau;

 Ketchikan;

 Petersburg;

 Dutch Harbor; and

 The Kenai Peninsula.

EPA will use the information it collects from facilities in these locations (the “ study area ”) to respond to an industry petition that was submitted to EPA in 1980. This petition requested EPA to revise effluent limitations and standards and prohib itions for direct discharges from seafood processing facilities in

“ non-remote ” locations in Alaska (see 40 CFR Part 408), including Anchorage, Cordova, Juneau, Ketchikan, and Petersburg. As not ed in the January 9, 1981 Federal Register No tice, EPA also proposed

to redefine the term “ non-remote ” for the Alaskan segment of the industry to eliminate the words “population center,” and to add Dutch Harbor and the Kenai Peninsula to the list of non-remote processing centers. EPA also cons idered including Ward Cove as a non-remote area because of its proximity to the Ketchikan processing center. Ward Co ve, however, has since been included in a finalized total maximum daily load evaluation, which does not allow discharges from seaf ood processing facilities, and so is not included in the scope of EPA’s current information gathering effort.

EPA identified nine corporations that operate seafood processi ng facilities in the study area . EPA is requiring these corporations to complete a questionnaire for each of the seafood processing

facilities they operate in Alaska; that is, facilities in the study area AND in any other part of Alaska, including shore-based seafood processing faciliti es operating and discharging less than one-half (0.5) nautical mile from shore at mean lower low water (MLLW) and near-shore seafood processing facilities operating and di scharging from one (1) to one-h alf (0.5) nautical mile from

shore at MLLW.

EPA will use the technical data collected from each fa cility to characterize the facility’s operation, processing capacity, seafood processing waste generation in terms of fluctuation in volume, and current waste recycle / recovery an d disposal practices. EPA will use the co llected financial data to characterize the economic status of the industry and to estima te the possible economic impacts associated with alternative waste disposal practices.

EPA is distributing this questionnaire un der the authority of Section 308 of the Clean Water Act

. You must return the completed questionnaire(s) to EPA within 45 days of receiving it. If you fail to respond, file late, or fail to comply with the inst ructions, you may be subject to criminal fines, civil penalties, and other sanctions, as provided by law.ii 

### INSTRUCTIONS FOR COMPLE TING THE QUESTIONNAIRE

QUESTIONNAIRE OVERVIEW

This questionnaire is divided into two primary sections. Part A – Corporate Information requests corporate financial information while Part B – Facility Information requests information about the operations and finances of each of the facilities, including those onboar d vessels, you operate in Alaska. You should complete Part B for t he following facility or facilities:

1. E.C. Phillips and Sons 2. E.C. Phillips and Sons – Craig Fisheries 3. Any other seafood proce ssing facility you operate in Alaska.

EPA has provided one copy of Part B for each seafood processing facility listed above that your company operates in Alaska. The nam e of each facility is listed at t he beginning of each section. EPA has also provided a blank Copy of Part B. If you operate seafood processing facilities in Alaska that are not listed above, please copy the bl ank questionnaire and complete a copy for each additional processing facility not listed.

Please include any additional comments in the comm ents table at the end of each Part and identify the question(s) for which the comment(s) apply (e.g., A-7, B-3). EPA has provided defin itions for key terms at

the end of each section

. These terms are shown in bold italics as they are used throughout the questionnaire.

Please complete one copy of Part A for your seafood processing company for 2005 through 2009. Please complete one copy of Part B for each seafood processing facility you operate in Alaska for 2005 through 2009. Each question will specify if inform ation is requested for calendar years or fiscal

years.

CERTIFICATION

After you complete this questionnaire, a responsible co rporate official must sign one of the Certification Statements on page 1 to either (1) verify and validate the information provided, or (2) certify that the

company no longer engages in seafood processing in the EPA study area

.

TIMEFRAME FOR COMPLETING QUESTIONNAIRE

You must return the completed questionnaire(s) to EPA within 45 days of receiving it. Please consider this timeline when completing Section B for individual facilities.

QUESTIONNAIRE ASSISTANCE

If you have any questions as you complete this que stionnaire, please contact EPA using the telephone numbers and email addresses provided below.

Contacts for Assistance

Part A (Corporate Information) Part B Questions B-42 to B-47 (Facility Financial Information)

Mr. Todd Doley (202) 566-1160 doley.todd@epa.gov Part B Questions B-1 to B-41 (Facility Technical Information)

Mr. Donald F. Anderson (202) 566-1021 anderson.donaldf@epa.goviii SUBMITTING THE QUESTIONNAIRE PACKAGE TO EPA

When the questionnaire package is complete, sign the Certification Statement (page v). Assemble the final completed questionnaire package. Please include:

 Certification Statement;

 Part A - Corporate Information;

 Part B - Facility Information (one copy for each facility you operate in Alaska);

 Accounting Reports , and

 Other Attachments.

Return the completed questionnaire using the enc losed return label to the following address:

U.S. Mail or Overnight Delivery (e .g., Federal Express, UPS, etc)

U.S. Environmental Protection Agency
Questionnaire for the Canned and Preserved Seafood Processing Facilities in Certain

Locations of Alaska c/o Eastern Research Group, Inc. 14555 Avion Parkway, Suite 200 Chantilly, VA 20151-1102 (703) 633-1600

EPA recommends that you keep a copy of the co mpleted questionnaire for each facility, including attachments, in the event that we need to contact you to clarify your responses . EPA will review the information submitted and may ask additional, follow-up questions to complete our analyses.

EPA sincerely appreciates the time and effort you will put into respondi ng to this questionnaire. Your information is vital to EPA’s respon se to your industry’s petition.iv 

### CONFIDENTIAL BUSINESS INFORMATION

EPA provides you the opportunity to claim information as confidential. If no busin ess confidentiality claim accompanies the informati on when it is received by EPA, EPA may ma ke the information available to the public without further notice.

Regulations governing the confidentiality of business information are contained in the Code of Federal Regulations (CFR) at Title 40 Part 2, Subpart B. Y ou may assert a business confidentiality claim covering part or all of the information y ou submit, other than effluent data and information or data that is otherwise publicly available , as described in 40 CFR 2.203(b):

“(b) Method and time of asserting business confidentiality claim. A business which is submitting information to EPA may assert a business conf identiality claim coveri ng the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice complying language such as ‘trade secret,’ ‘proprietary,’ or ‘company confidential. ’ Allegedly confidential portions of otherwise nonconfidential documents should be clearly ident ified by the business, and may be submitted separately to facilitate identification and handli ng by EPA. If the busines s desires confidential treatment only until a certain date or until the occu rrence of a certain event, the notice should so

state.”

You may claim as confidential all information incl uded in the response to a question by checking the Confidential Business Information (CBI) box next to the question number. Note that you may be required to justify any claim of confidentiality at a later time. Therefore, it is strongly recommended that only those pieces of information that are the most sensitive (e.g., certain financial information and data) as described in 40 CFR Part 2, should be claime d as CBI. Other types of information and data not protected from public disclosure, as also noted in 40 CFR Part 2, should not be claimed as CBI. Note also that facility effluent data are not e ligible for confidential treatment, pursuant to Section 308(b) of the Clean

Water Act , and thus will be treated as nonconfidential even if the CBI box is checked. In addition, information that is publicly available should not be claimed confidential.

Information covered by a claim of confidentiality w ill be disclosed by EPA only to the extent of, and by means of, the procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted information protected by a business confidentiality claim may be di sclosed to other employees, officers, or authorized representatives of the United Stat es concerned with implementing the Clean Water Act

.

Information covered by a claim of confidentiality will be made available to EPA contractors to enable the contractors to perform the work required by their contracts with EPA. All E PA contracts provide that contractor employees use the information only for the purpose of performing the work required by their contracts and will not disclose any CBI to anyone othe r than EPA without prior written approval from each affected business or from EPA's legal office.Certification Statement Alaskan Cann ed and Preserved Seafood Processing

Copy of

1 

### CERTIFICATION STATEMENT

Please check only one applicable certification statemen t then sign and complete the remainder of this

page.

Certification Statement #1

I certify under penalty of law that the attached questi onnaire was prepared under my direction or supervision and that qualified personnel properly gathered and eval uated the information submitted. The information submitted is, to the best of my knowledge and belief, ac curate and complete. In those cases where we did not possess the requested information for questions applicable to our company, we provided best estimates. We have to the best of our ability indica ted what we believe to be company confidential business information as defined under 40 CFR Part 2, Subpart B. We understand t hat we may be required at a later time to justify our claim in detail with respect to each item claimed confidential. I am aware that there are significant penalties for submitting false information, including t he possibility of fines and imprisonment as explained in

Section 308 of the Clean Water Act

.

Certification Statement #2

I certify under penalty of law that this entity or corporation does not or will no longer operate any Seafood Processing Facility that processes seafood in any of the following Alaskan locations:

 Anchorage

 Cordova

 Juneau

 Ketchikan

 Petersburg

 Dutch Harbor

 The Kenai Peninsula

I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment as explained in Section 308 of the Clean Water Act

.

Signature of Certifying Official Date

( ) Printed Name of Certifying Official Telephone Number of Certifying Official

Title of Certifying Official

( ) Email of Certifying Official Facsimile Number of Certifying Official

Company Name (if different from parent company)

Street Address

City State Zip Code