PUBLIC NOTICE
Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/401 Certification
555 Cordova Street, Anchorage AK 99501-2617
Phone: 907-269-6285 | Email: DEC-401Cert@alaska.gov



Public Notice (PN) Date: November 7, 2024       PN Reference Number: EPA-HQ-OW-2023-0329
PN Expiration Date: December 8, 2024                       Waterway: US Ocean Waters

Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 of the Clean Water Act (CWA) of 1977 (PL95-217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the CWA, the Alaska Water Quality Standards, and other applicable State laws.

Notice is hereby given that a request for a CWA §401 Water Quality Certification for a Environmental Protection Agency (EPA) PN Reference Number indicated above has been received for the discharge into waters of the United States (WOUS) as described below. The public notice is accessible from the DEC website at https://dec.alaska.gov/commish/public-notices/.

To comment on the project or request for a public hearing with respect to water quality, submit comments electronically via the DEC public notice site at https://dec.alaska.gov/comment/ on or before the public notice expiration date listed above.

Applicant: Environmental Protection Agency (EPA)

Proposed Action: General Permit for Ocean Disposal of Marine Mammal and Sea Turtle Carcasses

Summary: The State of Alaska is inviting public comment on the U.S. Environmental Protection Agency proposed reissuance of a general permit pursuant to the Marine Protection, Research and Sanctuaries Act for the ocean disposal of marine mammals and sea turtle carcasses. The notification announcing the availability of the proposed general permit and EPA’s public comment period can be found in the Federal Register (Federal Register Number 2024-23035).

The general permit would authorize the transport of marine mammal and sea turtle carcasses from the United States and the disposal of marine mammal and sea turtle carcasses in ocean waters for a seven-year term. Permit authorization is available for any officer, employee, agent, department, agency, or instrumentality of Tribal, federal, state, or local unit of government, as well as any Marine Life Health and Stranding Response Program Stranding Agreement Holder, and any Alaska Native, who already may take a marine mammal or sea turtle under the Endangered Species Act and/or Marine Mammal Protection Act. The permit is primarily intended to be used for disposal of marine mammal or sea turtle carcasses that threaten public health, for example, after the discovery of a carcass washed ashore in an advanced state of decay, and there is not another viable land-based alternative for carcass disposal other than disposal in ocean waters.

The EPA issued a general permit for such transportation and disposal of marine mammal carcasses in 2017 and is re-issuing the permit because that general permit expired on January 4, 2024. The EPA is not proposing substantive changes to the content of the recently expired general permit. Authorizing ocean disposal of marine mammal and sea turtle carcasses through this general permit will minimize reliance on emergency permitting on a case-by-case basis.

After reviewing the application, the Department may certify there is reasonable assurance the activity, and any discharge that might result will comply with the CWA, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification.

The permit application and associated documents are available for review. For inquires or to request copies of the documents, contact dec-401cert@alaska.gov, or call 907-269-6285.

Disability Reasonable Accommodation Notice

The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act (ADA) of 1990. If you are a person with a disability who may need special accommodation in order to participate in this public process, please contact ADA Coordinator Mike Kruzinski at 907-334-0884, Mike.Kruzinski@alaska.gov or TDD Relay Service 1-800-770-8973/TTY or dial 711 within 5 days of the expiration date of this public notice to ensure that any necessary accommodations can be provided.