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State takes on water quality permitting Alaska becomes 45th state to regulate pollution discharge sources under NPDES; oil and gas permits in final phase, three years out Kristen Nelson Petroleum News
The U.S. Environmental Protection Agency has approved the Alaska Department of Environmental Conservation’s application to run National Pollutant Discharge Elimination System permitting in the state. This completes a process which began in 2002 when the Alaska Legislature authorized an evaluation of the consequences of assuming primacy.
NPDES is part of the federal Clean Water Act and controls water pollution by regulating sources that discharge pollutants to waters in the United States.
The Oct. 31 approval gives the State of Alaska responsibility for water quality permitting, but EPA said it will continue its government-to-government relationship with Tribes as it oversees the state’s permitting program.
DEC takes over the authority to write wastewater discharge permits for local businesses and industry and to enforce compliance with permit conditions.
“Today, Alaska joins 45 other states that control water quality permitting for local waters,” Elin Miller, EPA’s regional administrator in Seattle, said in a statement.
“Our permits and efforts to protect water quality will be worthy of our tremendous water resources and their unique value to Alaskans,” said DNR Commissioner Larry Hartig.
“We are particularly looking forward to making the permit program work for our rural residents who often have great interest and much to contribute when it comes to protecting water quality. Their voices must be heard,” Hartig said in a statement.
Three-year phase-in The state’s authority will be phased in over three years with EPA continuing to write permits for facilities Alaska has yet to assume.
EPA will publish a notice in the Federal Register on or about Nov. 10, informing the public that Alaska’s application for authorization has been approved.
Phase I, beginning after delegation, includes permitting for domestic wastewater, timber harvesting and seafood processing.
Phase II, one year after delegation, includes federal facilities, storm water and pre-treatment.
Mining delegation is phase III, coming two years after delegation, followed by phase IV, which includes oil and gas, cooling water and all remaining facilities.
DEC said the three-year transition will be complete by November 2011.
EPA retains: oversight of the state’s program including the right to review any permit; the right to object to permits EPA finds to be not protective or inconsistent with the Clean Water Act; the right to federalize a state permit if the state does not adequately address EPA’s objections; enforcement authority over all discharges; and the right to withdraw Alaska’s NPDES authorization if the state is not meeting Clean Water Act requirements.
EPA said it will conduct periodic program reviews.
Gov. Frank Murkowski signed the Legislature’s authorization for DEC to seek NPDES primacy in 2005 and DEC submitted an initial application in 2006. A revised application, reflecting comments from EPA, was submitted in 2007.
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