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UNITED STATES 0 " \RTMENT OF COMMERCE 

National Oceanic ana Atmospheric Administration 

National Marine Fisheries Service 

Robert R . Rob i chau d 

Ma n ager, NPDES Pe r mits Uni t 

Environmen tal Protection Agency 

Region 10 

1200 Sixth Avenue 

Seattle, Washington 98101 

Attn: Burney Hil~ 

Dear Mr. Robichaud: 

P.O. Box 21668 

Juneau, Alaska 99802-1668 

May 17 , 2000 

Re: AK-004978-6 

The purpose of this letter is to provide additional comments to 

the Environmental Protection Agency (EPA) regarding the above 

referenced National Pollutant Discharge Elimination System 

(NPDES) draft permit to reissue a wastewater discharge permit t o 

Westward Seafoods, Inc. The permit would set conditions on the 

discharge of pollutants from the Westward Seafoods facility i~ 

Captain's Bay to ensure protection of water quality and human 

health. 

EPA Region 10, completed an assessment of the total maximum daily 

load for five-day biochemical oxygen demand (BOD) for Captain's 

Bay with the August 1993 modification of the 1991 permit . 

Originally, EPA determined the waste load allocation supported an 

average monthly limit of 58,000 lbs. BOD5 per day, and a maximum 

daily limit of 90,OCO lbs. BOD5 per day. At issue has been the 

request from Westward Seafoods, Inc . to increase its wasteload 

all ocation on the premise that t he origin al model was too 

restrictive. Westward Seafoods, Inc . has argued that because the 

previous EPA modeling study was completed, new data have been 

obtained from monitoring. Westward Seafoods, Inc. has undertaken 

the effort to rerun EPA ' s BOD-DO WASP5 model to support its 

request to increase BOD loading in the NPDES effluent 

limitations. In addition, Westward Seafoods , Inc . has also 

requested 

waters at 

discharge 

standard. 

that the State of Alaska declare that the receiving 

the point of discharge and down-current of the 

be governed by the marine rather than the estuarine 
The National Marine Fisheries Service (NMFS) has always 

considered Captain's Bay to be an estuary. While the salinity 

profile of Captain's Bay does not fit the classical estuarine 

model of low salinity water moving seaward and higher salinity 

water moving coastward, the fact that juvenile pink salmon and 

walleye pollock are found there suggests an estuarine rearing 

habitat. The topography of Captain's Bay also supports this 

conclusion. Several streams drain into the Bay, including the 

Shaishnikof River (a pink and silver salmon producer) at the 

shallow southern end. A relatively deep basin (up to 60 fathoms) 

makes up the main body of the Bay, but a shallow bar (4-14 

fathoms) separates this basin from Unalaska Bay. Thus, 

processing wastes discharged into Captains Bay could possibly 

accumulate, particularly in the enclosed deeper waters. ' 

The primary reason for setting more stringent BOD requirements 

for estuaries than for marine waters is to protect the sensitive 

early life stages of living marine resources that typically rear 

in estuaries. The importance of estuaries and bays in Alaska as 

nursery habitat for many commercially harvested fishes goes 

beyond the question of salinity. Pink salmon fry typically spend 

their first few months in nearshore protected habitats because 

these areas provide shelter from predators and optimal food 

availability. Escape from predat ion by quickly growing out of 

the susceptible size range is a primary strategy of pink salmon 

survival. This growth typically takes place in the rich feeding 

environment of the estuary immediately after fish leave 

freshwater. Past research has established that the early 

juvenile stages of salmon life history are the most sensitive to 

physiological stressors such as low oxygen concentrations or 

pollution, both of which are of concern in Captain's Bay.2 

NMFS defers to EPA on the adequacy of the BOD loading model and 

'.National Marine Fisheries Service. April 5, 2000. 

Memorandum from James W. Balsiger, Science and Research Director, 

Alaska Region to Steven Pennoyer, Administrator Alaska Region . 

2 National Marine Fisheries Service. April 5, 2000. 

Memorandum from James W. Balsiger, Science and Research Director, 

Alaska Region to Steven Pennoyer, Administrator Alaska Region. 

2 
whether or not Westward Seafood's additional modeling study is 

appropriate. Regardless of which model or input data are used, 

we believe that EPA should continue to require the worst case 

scenario in setting limits for wasteload allocations. We 

recommend the NPDES permit require Westward Seafoods , Inc. to 

limit its seafood processing waste discharge so as to maintain 

dissolved oxygen concentrations equal to or greater than 5 mg/l 

in Captain's Bay. This is the minimum level allowed in waters 

classified as estuarine. This is important as other factors can 

exacerbate low dissolved oxygen concentrations, and when coupled 

with on-going phytoplankton blooms can result in situations like 

that of late September 1992, where many dead and dying juvenile 

red king crabs (Paralithodes camtschatica) were observed along 

the beaches of Captain's Bay. ' 

In addition, NMFS notes that in EPA's "Fact Sheet" on the above 

referenced "Draft Permit, that EPA recognizes that the State of 

Alaska's 1996 Section 303(d) list of water quality limited water 

bodies identified Captain's Bay as water quality limited due to 

the exceedance of settleable solid residues from seafood 

processing. Westward Seafood, Inc. has monitored the deposition 

of seafood wastes around its outfall's terminus at -80 ft MLLW, 

and sidescan sonar assessments estimate the seafloor processing 

waste residue to cover an area of 1.0 acre. In contrast, a scuba 

diver assessment estimates the residues to cover an area of 2.6 

acres. The latter estimate exceeds the Alaska Water Quality 

Standard for residue, and the permittee has requested a variance 

from State standards for its Zone of Deposit (ZOD). 

NMFS believes that the true estimate of the deposition is closer 

to the diver's estimate of 2.6 acres, and thus is concerned that 

increasing the wasteload allocation limits would make it 

increasingly difficult for Westward Seafoods, Inc. to limit the 

ZOD to one acre. In accordance with the Draft Permit, Westward 

Seafoods , Inc. is required to conduct a seafloor monitoring 

program to determine compliance with Alaska Water Quality 

Standards for settleable residues. While we agree that the use 

'.Patricia A. Tester and Barbara Mahoney. 1995. Harmful 

Marine Algal Blooms. P. Lassus, G. Arzul, E. Erard, P. 

Gentien,C. Marcaillou, Technique et Documentation . Lavoisier, 

Intercept Ltd. pp. 95-100 

3 
of divers to monitor the ZOD is expensive and dangerous, we are 

concerned that the discrepancy between the two surveys should not 

be rectified by obtaining a variance for the ZOD. 

NMFS has a long history of being involved in the review of the 

permits associated with this facility. We have spent great deal 

of time and effort working with both the Alaska Department of 

Environmental Conservation and the EPA in defining the standards 

and conditions necessary to promote the conservation of living 

marine resources under our stewardship. We believe our common 

goal has been, and should continue to be, maintaining the water 

quality of Captain's Bay. Therefore in order to protect the 

living marine resources, including Essential Fish Habitat, we 

recommend that the monitoring program explore additional options 

such as a remote operating vehicle with television camera to 

conduct seafloor surveys. We would like to discuss opportunities 

to partner with EPA and our Auke Bay Laboratory to assist in this 

effort. We look forward to your response to our EFH 

recommendation as well as our other comments on this project. 

Should you have additional questions regarding this subject 

please contact Ms. Jeanne L. Hanson at (907) 271-5006. 

Sincerely, 

Steven Pennoyer 

Administrator, Alaska Region 

cc; Maureen McCrea, ADGC, Anchorage 

Wayne Dolezal, ADF&G, Anchorage 

Judy Kittagawa, ADEC, Valdez 

HC staff Juneau 

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