RDC Action Alert:
State of Alaska’s application to administer the NPDES program in Alaska

View RDC's Comment Letter

Comment deadline was August 18, 2008

Overview:

The Environmental Protection Agency (EPA) is seeking information from the general public as it considers approval of the application made by the State of Alaska to assume primacy from the EPA to regulate National Pollutant Discharge Elimination System (NPDES) permits in Alaska waters, pursuant to Section 402 of the Clean Water Act.

The Alaska Pollutant Discharge Elimination System (APDES) application includes an implementation plan that transfers the administration of the program from EPA to the State over a three-year period from the date of program approval.  If approved, the State will administer the program, subject to continuing EPA oversight and enforcement authority.

For additional information, refer to the Federal Register Notice located at:

http://yosemite.epa.gov/r10/water.nsf/NPDES+Permits/AKPrimacy

Action Requested: 

RDC encourages you to submit written comments by August 18, 2008 in support of the APDES program:

Send written comments to:

Nina Kocourek

Office of Water and Watersheds

Mail Stop OWW-130, 1200 Sixth Avenue, Suite 900

Seattle, WA 98101-3140

Email: kocourek.nina@epa.gov

Fax: (206) 553-0165

EPA requests that a duplicate copy of comments be sent to Sharon Morgan with the Alaska Department of Environmental Conservation:

Alaska Department of Environmental Conservation

Attn: Sharon Morgan

P.O. Box 111800

410 Willoughby Avenue Suite 303

Juneau, AK 99811-1800

Email: sharon.morgan@alaska.gov

Comment deadline was August 18, 2008

Attend a public hearing to present brief testimony:

Fairbanks: Monday, July 21, 2008
Regency Fairbanks Hotel, 85 10^th Avenue
Educational Meeting 4-6 pm, Public Hearing 7-10 pm

Juneau: Tuesday, July 22
Centennial Hall, 101 Egan Drive, Juneau
Educational Meeting 4-6 pm, Public Hearing 7-10 pm

Anchorage: Wednesday, July 23
Howard Johnson Plaza Hotel, 239 W. 4^th Avenue
Educational Meeting 4-6 pm, Public Hearing 7-10 pm

Points to consider for your comments:

• For a state to obtain primacy over the program, the requirements must be at least as stringent as the EPA, and the APDES program achieves this.
• Only five states in the union currently do not have primacy over NPDES.
• Nearly every industry in Alaska, including fishing, oil and gas, tourism, mining, and timber is permitted under the Clean Water Act.  Each therefore has a high interest in accessibility to qualified regulators that are familiar with Alaska’s unique situations in which they operate.  The APDES program provides for improved accessibility to those regulators.
• Alaskans have a far greater interest in ensuring their waters are safe, clean, and pure.  Local and regional citizens understand the unique circumstances in Alaska and therefore are better suited to administer Clean Water Act requirements.
• Through legislative action, the State of Alaska is appropriately equipped with the financial resources and personnel needed to administer this program.
• The Alaska Department of Environmental Conservation (ADEC) has, and will continue to provide for, extensive opportunities for public input, including rural and Native Alaskan perspectives, as outlined in the Public Participation Document, to ensure this program benefits all Alaska water users.
• The State of Alaska has worked tirelessly to make the APDES program acceptable to the EPA, the general public, and industry. 

Comment deadline was August 18, 2008