Transfer of Storm Water Permitting from EPA to ADEC

Overview

On October 31, 2008, the U.S. Environmental Protection Agency (EPA) formally approved Alaska's application for primacy of the National Pollutant Discharge Elimination System (NPDES). The approved state program is called the Alaska Pollutant Discharge Elimination System (APDES). The transfer of program responsibilities will take three years from program approval.

Authority for Storm Water permitting transferred to DEC on October 31, 2009 as part of APDES Program Phase II. Existing EPA permits were transferred to DEC. Transferred permits will remain in effect (along with the state certification) until DEC issues an APDES permit to replace the EPA-issued permit.

Construction General Permit (CGP)

The existing CGP transferred from EPA to DEC on October 31, 2009. On October 19, 2009, EPA issued a notice in the Federal Register (Vol. 74, No. 200, Monday October 19, 2009, page 53494-53498) proposing a modification to the NPDES general permit for storm water discharges associated with construction activity in order to extend by one-year the expiration date of the permit (to June 30, 2011). The CGP was on public notice at the time of transfer. The EPA public comment period ended on November 18, 2009. DEC developed the proposed final permit and prepared a final permit that will become effective on January 31, 2010. The general permit is essentially the EPA 2008 CGP. As the permitting authority, DEC is issuing this permit to complete EPA's modification of the permit expiration date and to revise the CGP text into the appropriate APDES format. This DEC 2010 CGP replaces EPA's 2008 CGP that was administratively adopted as an APDES permit on October 31, 2009. The 2010 CGP will be effective until June 30, 2011 and authorizes the discharge of pollutants in storm water discharges associated with construction activity. DEC will study and evaluate the new requirements of the Construction Effluent Limitation Guidelines (ELGs) issued by EPA on December 1, 2009, and will reissue the 2010 CGP to comply with the Construction ELGs by June 30, 2011, or earlier. DEC has developed an eNOI system to replace EPA's.

Multi-Sector General Permit (MSGP)

The existing MSGP transferred from EPA to DEC on October 31, 2009. Facilities will operate under the EPA-issued MSGP until DEC reissues the permit, estimated to take place in the fall of 2013. Facilities must submit their reports and MDMR to DEC, Storm Water Program, 555 Cordova St, Anchorage, AK 99501.

Municipal Separate Storm Sewer System (MS4) permits

The existing MS4 permits transferred from EPA to DEC on October 31, 2009.