[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53189-53190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17719]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7965-2]


Final Reissuance of General NPDES Permits (GP) for Alaskan 
Mechanical Placer Mining (Permit Number AKG-37-0000) and Alaskan 
Medium-Size Suction Dredging (Permit Number AKG-37-1000)

AGENCY: Environmental Protection Agency, Region 10.

ACTION: Final Notice of reissuance of two general permits.

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SUMMARY: Two GPs regulating the activities of mechanical placer mining 
and suction dredge mining for gold placer mining operations in the 
state of Alaska expire on October 3, 2005. On April 21, 2005, EPA 
proposed to reissue these two GPs. There was a 45 day comment period.
    During the comment period, EPA received comments on the mechanical 
GP regarding coverage area prohibitions and metals limitations. The GP 
remains the same as the current GP.
    EPA received similar comments as those described above for the 
medium-size suction dredge GP as well as concern about Endangered 
Species and the interpretation of a Best Management Practice (BMP). The 
general permit contains new language on the possibility of requiring an 
individual permit in areas of concern for Endangered Species and a part 
of a BMP has been removed. A Response to Comments was prepared for each 
general permit. EPA has determined that each facility submitting a new 
Notice of Intent (NOI) prior to the expiration date of the current 
permit will be automatically covered by the re-issued GP.

DATES: The GPs will be effective October 7, 2005. Since coverage 
between the current GPs and the reissued GPs is continuous, there is no 
administrative extension of coverage under these GPs.

ADDRESSES: Copies of the GPs and Responses to Comments are available 
upon request. Written requests may be submitted to EPA, Region 10, 1200 
Sixth Avenue OWW-130, Seattle, WA 98101. Electronic requests may be 
mailed to: <a href="/cdn-cgi/l/email-protection#d2a5b3a1babbbcb5a6bdbcfcb3a7b6a0b7ab92b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="84f3e5f7ecedeae3f0ebeaaae5f1e0f6e1fdc4e1f4e5aae3ebf2">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#95f2faf1e6f0ecbbf6fcfbf1fcd5f0e5f4bbf2fae3"><span class="__cf_email__" data-cfemail="4720282334223e69242e29232e0722372669202831">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: The GPs, Fact Sheets and Response to 
Comments may be found on the Region 10 Web site at www.epa.gov/
r10earth/

[[Page 53190]]

offices/water.htm under the NPDES Permits section.
    Requests by telephone may be made to Audrey Washington at (206) 
553-0523 or to Cindi Godsey at (907) 271-6561.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the review requirements of Executive Order 12866 pursuant to Section 6 
of that order.
    The state of Alaska, Department of Environmental Conservation 
(ADEC), has certified that the subject discharges comply with the 
applicable provisions of Sections 208(e), 301, 302, 306 and 307 of the 
Clean Water Act.
    The state of Alaska, Department of Natural Resources, Office of 
Project Management and Permitting, Alaska Coastal Management Program 
(ACMP) determined that the GPs did not require a new ACMP review.

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, not rulemakings, 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 
these general permits, as issued, will not have a significant economic 
impact on a substantial number of small entities.

    Dated: August 23, 2005.
Robert R. Robichaud,
Associate Director, Office of Water & Watersheds, Region 10, U.S. 
Environmental Protection Agency.
[FR Doc. 05-17719 Filed 9-6-05; 8:45 am]
BILLING CODE 6560-50-P


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