The key to Alaska’s future is the responsible development of our resource wealth. For development to proceed responsibly, we must have effective environmental programs to conserve and protect the condition of Alaska’s land, air, and water.

To ensure that our water quality is protected and to allow for more state control over water quality priorities, the State of Alaska is taking on responsibility to protect our water resources by assuming authority to administer the National Pollutant Discharge Elimination System (NPDES) wastewater discharge permitting and compliance program from the Environmental Protection Agency (EPA).

On October 31, 2008, EPA approved the state’s application to administer the NPDES Program in lieu of EPA. The NPDES Program is authorized under the federal Clean Water Act (CWA) and requires that dischargers obtain a permit prior to discharging to surface waters or waters of the U.S.

The state’s approved program is called the Alaska Pollutant Discharge Elimination System or APDES Program. The Alaska Department of Environmental Conservation (ADEC) will administer the APDES Program in phases over a three-year period by assuming authority to administer specific program components and permits each year until full program authority has transferred to the state. EPA retains permitting authority over a program component or permit until such time as authority for that program component or permit is transferred to ADEC, according to the phasing schedule.

Transfer Schedule

Phase I of the transfer schedule began at program approval (October 31, 2008) and includes domestic, timber, seafood, and hatchery discharges. Phase II is one year from program approval (October 31, 2009) and includes stormwater discharges, federal facilities, the pretreatment program, and other miscellaneous nondomestic discharges (e.g. utilities, ship and dry docks, and drinking water filter backwash). Phase III is two years from program approval (October 31, 2010) and includes mining. Phase IV is three years from program approval (October 31, 2011) and includes the oil and gas industry, cooling water intakes and
discharges, and all remaining facilities not covered under the previous phases.

ADEC does not anticipate making immediate changes to existing EPA-issued permits when permit authority transfers to the state. For example, a current or EPA-administratively extended NPDES permit will be administered by ADEC and will remain in effect until ADEC issues an APDES permit to replace it. (An administratively extended permit is one where the applicant reapplied for continued coverage under a permit, the permit expired, and a new permit has not yet been issued.) Therefore, a permittee can expect to operate under the same permit conditions at the time permit authority transfers to the state.

ADEC will notify permittees in advance that authority for their permit will transfer to the state with information about how and where to apply for permit coverage.

Benefits of a State-Run Program

Implementing the APDES permitting program in Alaska provides numerous benefits to permit holders and the public. First and foremost, ADEC is accountable to Alaskans and to the Alaska legislature. Not only does the state gain a greater role in project planning, but we are also in the position to develop a more efficient permitting process and a protective program tailored to Alaska’s unique conditions. A potential time and cost savings will be realized by permittees as one, rather than two, permitting agencies will be involved in the permitting decisions.

Another benefit of the state implementing the APDES program is a more predictable enforcement program. The state can build specific, timely, and predictable steps into a risk-based enforcement program while maintaining a commitment to compliance assistance. The program will have an improved and faster administrative appeals process with specific time frames for the steps in the appeals process with the ADEC Commissioner (or an Administrative Law judge if designated by the Commissioner) as the final arbiter.

Finally, the state will implement a robust public process that provides opportunity for early and meaningful input into permitting decisions by tribes, local governments, and the public.

You can review ADEC’s APDES program description and phasing schedule on our web page, as well as sign up to the electronic mailing list to receive updates on program implementation.

Link to ADEC’s web page: www.dec.state.ak.us/water/npdes/index.htm

Sharon Morgan is Program Manager at the Alaska Department of Environmental Conservation, Division of Water, APDES. See RDC’s comments on NPDES Primacy

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