On June 29, 2006 the State of Alaska formally applied to the U.S. Environmental Protection Agency for authority to permit wastewater discharges in Alaska in lieu of EPA’s Seattle-based permitting program. On October 31, 2006, EPA provided comments to DEC on the NPDES application that DEC submitted. DEC revised the application based on the EPA comments and submitted a revised draft application on October 15, 2007 for EPA review. EPA again provided comments on the draft application on January 15, 2008.

May 1, 2008 Application (revised June 9, 2008)
DEC submitted the final NPDES application May 1, 2008. EPA is scheduled to review and make a final NPDES program application decision by November 2008. The application consists of six components:

1. A letter from the Governor requesting approval of the state’s application;
2. A Program Description that describes how the state will issue NPDES permits, ensure permit compliance, conduct enforcement, fund the program, and manage program information and data;
3. A signed Memorandum of Agreement (MOA) between the State and EPA that stablishes timeframes for the State to assume authority for the program;
4. An Attorney General statement confirming that the State’s laws and regulations are sufficient to implement the NPDES program;
5. Statutes and Regulations that the State has adopted to provide the necessary authority to implement the NPDES program, including HB 149 signed by Governor Palin; and
6. A Continuing Planning Process document that discusses how DEC will continually update its program.

Schedule for NPDES Program approval and transfer of authority
DEC and EPA have projected a schedule for NPDES Program approval. The NPDES application establishes a schedule for EPA to transfer permit/compliance responsibility for the NPDES Program to DEC over three years once EPA approves the application.

EPA will publish a notice of the State’s application in the Federal Register and major Alaska newspapers, and solicit public comment. EPA’s final decision to grant program primacy will be published in the Federal Register.