NEW GENERAL PERMITS

FOR LOG TRANSFER FACILITIES

Alaska Department of Environmental Conservation

April 7, 2000

The Department of Environmental Conservation (DEC) and the U.S. Environmental Protection Agency (EPA) have issued two new General Permits (GPs) to authorize the discharge of bark and wood debris from Log Transfer Facilities (LTFs). DEC has prepared this Fact Sheet to explain the nature and requirements of the new permits. A bullet format is used to attempt to simplify the explanation of these rather complicated permits. The statements in this Fact Sheet are brief summaries of the provisions of the GPs; the reader must refer to those documents for actual requirements and language.

The permits and certifications may be obtained through the DEC website or contacts listed at the end of this document.

Introduction

1. EPA issued two federal NPDES GPs for LTFs effective on March 21, 2000. DEC issued the two respective State water quality certifications (often referred to as "401 certifications") of the EPA GPs on August 21, 1999. The State certifications add conditions to the EPA GPs and adopt them as State general permits. The DEC GPs will be implemented independently from the EPA GPs. The DEC GPs are identical to the EPA GPs, but have additional State-only conditions added through the certifications.

2. Pre-1985 . One of the GPs, referred to as "pre-1985," modifies all Corps of Engineers section 404 permits issued to LTFs prior to October 22, 1985. This action adds terms to the Section 404 permits that will control the discharge of bark and wood debris, so that the 404 permits now "look like" NPDES wastewater discharge permits. Coverage by the pre-1985 GP is automatic as of the effective date (March 21, 2000). A pre-1985 LTF continuing to operate must submit "Notification" to EPA and DEC within 90 days of the effective date (by June 19, 2000). A pre-1985 LTF must obtain written authorization from DEC, but not from EPA.

3. Post-1985 . The other GP, referred to as "post-1985," covers all other LTFs and requires written authorization from both EPA and DEC. An LTF seeking coverage by the post-1985 GP must submit a "Notice of Intent" (NOI) to EPA and DEC within various time frames.

4. The post-1985 GP applies to the following classes of LTFs.

   1. New LTFs that have not received individual NPDES permits.
   2. LTFs that have current individual NPDES permits and choose to seek coverage under the GP.
   3. LTFs that have individual NPDES permits that have expired or have been administratively extended by EPA, and that wish to continue or resume operation.
   4. Offshore LTFs and offshore log storage areas that existed either before or after 1985, and that wish to continue or resume operation.

Requirements under the Pre-1985 LTF GPs

5. Pre-1985 LTFs in continuing operation must submit Notification to EPA and DEC within 90 days (by June 19, 2000). Notification is not required for pre-1985 LTFs no longer used for log transfer. The Notification must contain permit information, owner and operator information, facility information, and production information.

6. DEC will issue written authorization or denial in writing within 60 days of receipt of the Notification, after consultation with the Department of Natural Resources and the Department of Fish and Game. Written authorization by EPA is not required. DEC's authorization or denial will be based on evaluation of the following topics.

   1. Notification requirements.
   2. Zone of Deposit requirements.
   3. The Antidegradation Policy of the Alaska Water Quality Standards.
   4. Other sections of the Alaska Water Quality Standards.

7. Pre-1985 LTFs are not subject to siting exclusions that are contained in the post-1985 GP (see item 14).

8. A pre-1985 LTF must submit a bark monitoring survey within six months of the effective date of the GP (by September 21, 2000), and annually thereafter, if the LTF will transfer a total timber volume of 15 mmbf or more during the next five years, and is located in waters less than 60 feet deep MLLW. A bark survey method is set out in the GP and in the DEC certification; an equivalent method may be accepted. Bark surveys must be submitted within 60 days of completion to DEC, EPA, and the Department of Natural Resources.

9. Pre-1985 LTFs must implement a set of Best Management Practices set out in the GP within six months of the effective date. The practices pertain mainly to log handling and transfer, and to remedial practices if bark accumulation exceeds 1.0 acre and a thickness of 10 centimeters at any point.

Requirements under the Post-1985 LTF GPs

10. The post-1985 GP applies to marine waters of the Southeast and Southcentral coasts of Alaska west to Kodiak Island.

11. The post-1985 GP includes offshore LTFs (helicopter and vessel transfer) and offshore log storage areas, in addition to traditional shore-based LTFs.

12. Technically, any LTF may apply for discharge authorization through an individual NPDES permit rather than through the post-1985 GP.

13. EPA and DEC may notify a discharger that it is covered by the respective post-1985 GPs, even if the discharger has not submitted a Notice of Intent to be covered by the GPs. EPA and DEC may require any discharger authorized under the post-1985 GP to apply for and obtain, respectively, an individual EPA NPDES permit or a State wastewater disposal permit.

14. For new dischargers, the post-1985 GP excludes three areas from coverage:

    1. Protected waters and special habitats, including State Game Sanctuaries, Game Refuges, and Critical Habitat Areas; State Parks; National Parks, National Historic Landmarks, and National Natural Landmarks; National Wildlife Refuges; National Wilderness Areas and National Monuments; the Port Graham/English Bay Area Meriting Special Attention; Steller sea lion haulouts, rookeries, and Critical Habitat Areas; and waters surrounding Kodiak or Afognak Islands if affecting Steller's eider.
    2. Areas not meeting the Alaska Timber Task Force Guidelines concerning proximity to rearing and spawning areas; bark dispersal; site productivity; sensitive habitats; and storage and rafting.
    3. Impaired waterbodies included in the DEC 305(b) and 303 (d) lists , and waters where existing continuous coverage by bark exceeds both 1.0 acre and a thickness of 10 centimeters at any point.
    
    
15. A post-1985 LTF may request a waiver to allow discharge in an area excluded under the Alaska Timber Task Force Guidelines.
16. Best Management Practices are set out separately for shore-based and off-shore LTFs. Practices pertain mainly to log handling and transfer, and to remedial practices if bark accumulation exceeds 1.0 acre and a thickness of 10 centimeters at any point.
17. For shore-based post-1985 LTFs, rafting and storage must be in water at least 40 feet deep at MLLW, in an area with currents strong enough to disperse wood debris. For off-shore post-1985 LTFs, log transfer must occur in waters at least 60 feet deep, except that EPA or DEC may agree that log transfer may occur in waters 40-60 feet deep if the permittee demonstrates that no practicable alternatives are available in deeper water.
18. All LTFs seeking coverage under the post-1985 GP must submit an NOI to EPA and DEC.
    1. A new LTF must submit an NOI at least 60 days prior to operation.
    2. An existing LTF with a current individual NPDES permit seeking GP coverage must submit an NOI at least 60 days prior to expiration of the individual permit.
    3. A post-1985 LTF that has an administratively-extended or expired individual NPDES permit must submit an NOI within 60 days of the effective date (by May 20, 2000) if currently operating, or, if not currently operating, must submit an NOI at least 60 days prior to commencement or resumption of operation.
19. The NOI must include information pertaining to requirements of the "Antidegradation Policy" of the Alaska Water Quality Standards, in addition to permit information, owner and operator information, facility information, and production information.
20. The NOI must include an assessment of the feasibility of onshore log storage and barging, as well as a description of the proposed storage, handling, sorting, bundling, transfer, and rafting of logs.
21. A post-1985 LTF must submit a pre-discharge bark monitoring survey, including a survey of biological resources, with the NOI, unless (1) the LTF is an off-shore LTF, or (2) the LTF will transfer a total timber volume less than 15 mmbf during the life of the GP (five years). Bark monitoring is required annually for all post-1985 LTFs, including off-shore LTFs, which (1) transfer a total timber volume of 15 mmbf or more during the life of the GP, and which (2) are located in water depths less than 60 feet at MLLW. A bark survey method is set out in the GP and in the DEC certification; an equivalent method may be accepted. Bark surveys must be submitted within 60 days of completion to DEC, EPA, and the Department of Natural Resources.
22. DEC will issue authorization or denial in writing within 60 days of receipt of the NOI, after consultation with the Department of Natural Resources and the Department of Fish and Game. DEC's authorization or denial will be based on evaluation of the following topics.
    1. Protected water resources and habitats.
    2. ATTF siting guidelines.
    3. Impaired waterbodies
    4. Waiver requests.
    5. Depth waivers.
    6. Notice of Intent requirements.
    7. Zone of Deposit requirements.
    8. The Antidegradation Policy of the Alaska Water Quality Standards.
    9. Other sections of the Alaska Water Quality Standards.

Requirements Common to Both Pre-1985 and Post-1985 LTF GPs

23. The GPs state that DEC has authorized a Zone of Deposit for LTFs that limits the accumulation of bark and wood debris on the ocean bottom to within the project area. The ZOD may include continuous coverage, discontinuous coverage, and trace coverage (terms are defined in both the GPs and certifications).

24. If DEC determines that the Zone of Deposit in the GP is not appropriate and is not authorized at the LTF's location, DEC will inform EPA within 60 days of receipt of Notification or Notice of Intent that the LTF's Zone of Deposit is rescinded.

25. All LTFs must submit annual reports on operations.

26. Discharge of bark or wood debris, slash limbs, oily wastes, foam, scum, and other residues is prohibited if it would have adverse impacts. Discharges may not cause violation of the Alaska Water Quality Standards.

27. All LTFs must visually monitor daily for the presence of oily sheens, which must be recorded, corrected, and reported to EPA within 24 hours, and additionally reported to the Coast Guard and DEC.

28. All LTFs that are required to submit bark monitoring surveys must develop Quality Assurance Project Plans pertaining to the dive survey within six months of the effective date of the GP. A statement must be submitted to EPA and DEC that a plan has been developed and implemented within six months of authorization to discharge.

29. Post-1985 shore-based LTFs must submit Pollution Prevention Plans within three months of the effective date of the GP (March 21, 2000). Post-1985 off-shore LTFs are not required to submit Pollution Prevention Plans. Within six months of the date of authorization , post-1985 shore-based LTFs must submit written certification to EPA and DEC that a Pollution Prevention Plan has been completed and implemented. Pre-1985 LTFs that continue to operate must submit Pollution Prevention Plans within six months. Within nine months of the effective date , pre-1985 LTFs must submit written certification to EPA and DEC.

30. All LTFs must retain records of all monitoring information, reports required by the GPs, and application data for at least five years.

31. All LTFs are required to report occurrences of noncompliance on various schedules.

Requirements of the DEC 401 Certifications

32. Both the pre-1985 and post-1985 DEC certifications state that, "an NPDES permit that is certified by the State of Alaska constitutes the wastewater disposal permit required under AS 46.03.100 and 18 AAC 72. Conditions under Part A of this certification apply to both the NPDES General Permit and the State wastewater disposal general permit. Conditions under Part B apply only to the State wastewater disposal general permit."

Part A

33. LTFs must employ all reasonable practices to avoid the discharge of bark, and to contain the discharge to the smallest area practicable. The Pollution Prevention Plan must identify specific operational practices that will be used to minimize the discharge quantity and area, including handling of logs out of water, method of transfer, handling of logs in water, and other operational elements.

34. A Zone of Deposit is authorized for the accumulation of bark and wood debris on the ocean bottom within the project area of an LTF. The Zone of Deposit may include continuous coverage, discontinuous coverage, and trace coverage by bark and wood debris.

35. DEC may determine that a Zone of Deposit is not appropriate at the proposed location and is rescinded.

36. For both pre-1985 and post-1985 LTFs, the Notification or NOI must include a map of the project area, and information pertaining to the Antidegradation Policy.

37. The post-1985 GP may not authorize a "new discharger" in a segment of a waterbody on DEC's lists of "impaired" waters, or in a location where the existing continuous coverage by bark exceeds both 1.0 acre and a thickness of 10 centimeters at any point. Both pre-1985 and post-1985 GPs may authorize existing LTFs to continue to operate in impaired waters.

38. Various requirements are added to the method for bark monitoring surveys.

Part B

39. Both pre-1985 and post-1985 LTFs must receive written authorization from DEC in order to discharge under the DEC GPs. Factors upon which authorization or denial will be based are listed in each of the certifications.

40. DEC may require an LTF to obtain an individual State wastewater disposal permit.

41. The post-1985 DEC GP does not authorize a new LTF to discharge bark in a State Game Sanctuary, Game Refuge, or Critical Habitat Area, or in high-habitat-value areas designated in State of Alaska Area Plans.

42. The DEC pre-1985 and post-1985 GPs require an LTF to submit a proposed Remediation Plan within 120 days (unless additional time is granted), if it is determined that continuous coverage by bark exceeds both 1.0 acre and a thickness of 10 centimeters at any point. The Remediation Plan must identify a set of feasible, reasonable, and effective measures that the operator proposes to implement to reduce existing and future continuous bark coverage to less than 1.0 acre and 10 centimeters. The Remediation Plan must consider:

    1. alternative methods of log transfer and transport; 

    2. operational practices; 

    3. feasible methods and costs of removing bark; and 

    4. other methods. Within 90 days of receipt of a proposed Remediation Plan, DEC will approve, modify, or deny the proposed Remediation Plan. An approved Remediation Plan constitutes an enforceable condition of the GP.

43. The Port Graham Area Meriting Special Attention under the Alaska Coastal Management Program is excluded from the GPs.

44. LTFs in certain water use areas of the Kenai Peninsula Borough Coastal District are excluded from coverage by the GPs, unless the borough affirms that it does not oppose coverage.

45. Definitions are given for the following terms: NPDES; project area; continuous coverage; discontinuous coverage; trace coverage; new discharger; at any point.

The following documents will be available on the DEC website: the two General Permits; the corresponding DEC Certificates of Reasonable Assurance; a Fact Sheet regarding the General Permits; and a checklist of application requirements.

Please contact us for further information.