)d UNITED STATES 0" \RTMENT OF COMMERCE NationalOceanicanaAtmosphericAdministration NationalMarineFisheriesService

Robert R

. Robichaud M

anager, NPDES Permits Unit Environmental ProtectionAgency Region 10 1200 SixthAvenue Seattle, Washington 98101

Attn: Burney**Hil~** DearMr. Robichaud: P

.O. Box21668 Juneau,Alaska99802-1668 May 17, 2000

Re: AK-004978-6

The purpose of this letter is toprovide additional comments to the Environmental ProtectionAgency (EPA) regarding the above referencedNational Pollutant Discharge Elimination System (NPDES) draft permit to reissue a wastewater discharge permit to 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 Baywith the August 1993 modification of the 1991 permit

. Originally, EPA determined the wasteload 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 fromWestward Seafoods, Inc

. to increase its wasteload allocation on the premise that the original 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 governedby the marine rather than the estuarineThe 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 salinitywater moving seaward and higher salinity water moving coastward, the fact that juvenilepink 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 salmonproducer) at the shallow southern end. Arelatively deep basin (up to 60 fathoms) makes up the main bodyof the Bay, but a shallowbar (4-14 fathoms) separates this basin fromUnalaska Bay. Thus, processing wastes discharged into Captains Bay couldpossibly accumulate, particularly in the enclosed deeper waters.'
The primary reason for settingmore stringent BOD requirements for estuaries than for marine waters is to protect the sensitive early life stages of livingmarine resources that typicallyrear in estuaries. The importance of estuaries and bays inAlaska as nursery habitat for many commerciallyharvested 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 frompredators and optimal food availability. Escape from predationby quickly growing out of the susceptible size range is a primary strategyof pink salmon survival. This growth typicallytakes 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 historyare 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 adequacyof 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 ResearchDirector, Alaska Region to Steven Pennoyer, AdministratorAlaska Region.

2whether 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 seafoodprocessing 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-goingphytoplanktonblooms 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 inEPA'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 seafloorprocessing 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 AlaskaWater 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 wouldmake 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 seafloormonitoring program to determine compliance withAlaskaWater Quality Standards for settleable residues. While we agree that the use

'.PatriciaA. Tester and BarbaraMahoney. 1995. Harmful Marine Algal Blooms. P. Lassus, G. Arzul, E. Erard, P. Gentien,C. Marcaillou, Technique et Documentation

. Lavoisier, Intercept Ltd. pp. 95-100

3of divers to monitor the ZOD is expensive and dangerous, we are concerned that the discrepancybetween the two surveys should not be rectifiedby obtaining a variance for the ZOD.

NMFS has a long historyof being involved in the review of the permits associated with this facility. We have spent great deal of time and effort working withboth 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 livingmarine 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 ourAuke 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. Shouldyou 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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