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June 2008

Vol. 13, No. 26 Week of June 29, 2008

EPA sets Alaska NPDES meetings for July

Petroleum News

The U.S. Environmental Protection Agency has scheduled meetings in Alaska on the state’s application to administer the National Pollutant Discharge Elimination System program.

Alaska applied for approval of its own version of the NPDES program in mid-2006; the state’s program would be administered by the Alaska Department of Environmental Conservation. The NPDES program regulates discharges into the waters of the United States, with point sources discharging pollution to U.S. waters requiring a permit. Point sources are specific, such as pipes; non-point sources are generally not regulated under NPDES.

NPDES permits are based on the same water quality standards, whether EPA or state issued. Examples include: municipal sewage treatment plants; seafood processing facilities; mining operations; oil and gas facilities; and urban and industrial storm water pollution.

Forty-five states have been authorized to run NPDES programs since 1973.

What needs to be demonstrated?

The requirements for a state to take over NPDES include: state legal authority sufficient for state permits to comply with federal rules; legal authority to inspect, monitor, enter and require reports from point sources; public notice of permits and opportunity for public hearing; notice to EPA of permits; and adequate resources to run the program.

EPA said that if approved, the administration of specific program components from EPA to the state would occur over a three year period from program approval. If the Alaska program is approved, the state would administer the program, subject to continuing EPA oversight and enforcement authority, in place of the NPDES program now administered by EPA in Alaska. EPA would retain NPDES permitting authority over the bio-solids program, facilities operating in Denali National Park and Preserve, facilities discharging in Indian Country, facilities operating outside state waters — more than three miles offshore — and facilities with specific Clean Water Act waivers.

Phased implementation would begin with domestic discharges, timber harvesting and seafood process; phase two would include federal facilities, storm water program and pre-treatment program; phase three is mining; and phase four is oil and gas, cooling water and all other remaining facilities.

Public hearing schedule

A 60-day public comment period ends Aug. 18.

Three public hearings will be held in Alaska, each beginning with an educational meeting from 4 to 6 p.m. that includes a technical overview of the federal and state programs followed by a public comment opportunity beginning at 7 p.m.

The scheduled meetings include:

July 21, Regency Fairbanks Hotel, 85 10th Avenue, Fairbanks;

July 22, Centennial Hall, 101 Egan Dr., Juneau; and

July 23, Howard Johnson Plaza Hotel, 239 W. 4th Ave., Anchorage.

The state’s application may be viewed at www.epa.gov/r10earth/waterpermits.htm.






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