[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 ``<a href="/cdn-cgi/l/email-protection#92f7e2f3bfe1f7f3e6e6fef7d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="472237266a34222633332b220722372669202831">[email protected]</span></a>''. 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 
``<a href="/cdn-cgi/l/email-protection#7a191b0808151616541c1615081f14191f3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="c6a5a7b4b4a9aaaae8a0aaa9b4a3a8a5a386a3b6a7e8a1a9b0">[email protected]</span></a>'' or Burney Hill, of EPA Region 10, at the 
address listed above or telephone (206) 553-1761 or e-mail 
``<a href="/cdn-cgi/l/email-protection#026a6b6e6e2c6077706c677b426772632c656d74"><span class="__cf_email__" data-cfemail="0961606565276b7c7b676c70496c7968276e667f">[email protected]</span></a>''.

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]
BILLING CODE 6213-01-P


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