NOTICE OF PUBLIC COMMENT PERIOD FOR FUTURE CHANGES TO
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGULATIONS
BRIEF DESCRIPTION
The Alaska Department of Environmental Conservation (DEC) will be accepting public comment on amendments to Title 18, Chapter 83 of the Alaska Administrative Code. DEC is proposing to amend regulations to allow for the application of “net credits.” This process will account for existing amounts of naturally occurring pollutants in intake water of select permits under the Alaska Pollutant Discharge Elimination System (APDES) program.
DEC proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code, dealing with the allowance of net credits under the APDES program, including the following:
- 18 AAC 83.010(g) is proposed to be amended to adopt by reference updated provisions of Subchapter N, Title 40, Code of Federal Regulations.
- 18 AAC 83.545 is repealed and readopted to amend DEC’s net credit process to account for water quality-based effluent limitations and standards.
You may comment on the proposed regulation changes, including the potential costs to private persons for complying with the proposed changes, by submitting written comments electronically through the public notice web site (preferred method) at https://dec.alaska.gov/commish/public-notices/. Additionally, DEC will accept comments submitted by mail to Brock Tabor, DEC, Division of Water, P.O. Box 111800, Juneau, Alaska 99811-1800 or by electronic mail to brock.tabor@alaska.gov. The comments must be received not later than 11:59 p.m. on March 2, 2025.
You may submit written questions relevant to the proposed action to Brock Tabor by electronic mail at brock.tabor@alaska.gov or to Water Quality Standards Section, DEC Division of Water, P.O. Box 111800, Juneau, Alaska 99811-1800. All questions must be received at least 10 days before the end of the public comment period. DEC will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at https://dec.alaska.gov/water/water-quality/standards/recent-activities/. DEC may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
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 at least 3 days prior to the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.
A copy of the proposed regulation changes and material proposed for adoption by reference is available on the Alaska Online Public Notice System and by contacting Brock Tabor at brock.tabor@alaska.gov or (907) 465-5185.
After the public comment period ends, DEC will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection. DEC will make all comments received available in their entirety on DEC’s public notice site at https://dec.alaska.gov/commish/public-notices/.
Statutory Authority: AS 44.46.020; AS 46.03.010; AS 46.03.020; AS 46.03.050; AS 46.03.100; AS 46.03.110
Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.100; AS 46.03.110
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
The DEC, Division of Water, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all Division of Water notices of proposed regulation changes. To be added to or removed from the list, send a request to brock.tabor@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
Date: 1/29/25
/s/
Emma Pokon, Commissioner
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Environmental Conservation
2. General subject of regulation: Net Credits for Pollutants in Intake Water (APDES)
3. Citation of regulation (may be grouped): 18 AAC 83
4. Department of Law file number, if any: 2024200118
5. Reason for the proposed action:
( ) Compliance with federal law or action (identify):
( ) Compliance with new or changed state statute
( ) Compliance with federal or state court decision (identify):
( ) Development of program standards
( x ) Other (identify): DEC is proposing to amend regulations at 18 AAC 83 to allow for the application of “net credits” in Alaska Pollutant Discharge Elimination System Program discharge permits for pollutants that are naturally occurring in a permittee’s intake water
6. Appropriation/Allocation: 3204
7. Estimated annual cost to comply with the proposed action to:
A private person: None anticipated
Another state agency: None anticipated
A municipality: None anticipated
8. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2025 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/ program $ 0 $ 0
Other (identify) $ 0 $ 0
9. The name of the contact person for the regulation:
Name: Brock Tabor
Title: EPS IV
Address: ADEC Water Quality Standards Section,
Division of Water, P.O. Box 111800, Juneau, Alaska 99811-1800
Telephone: 907.465.5185
E-mail address: brock.tabor@alaska.gov
10. The origin of the proposed action:
__x___ Staff of state agency
_____ Federal government
_____ General public
_____ Petition for regulation change
_____ Other (identify):
11. Date:_9/10/24____________
Prepared by: /s/
Name (printed):Brock Tabor
Title (printed):EPS IV
Telephone:907.465.5185