The Observer, September, 2008

Council concerned with state taking over water permitting

The council has been closely following a process that began in 2005, when then-governor Frank Murkowski set the wheels in motion for the state of Alaska to take over the National Pollution Discharge Elimination System permitting program. The program is currently under the control of the United States Environmental Protection Agency.

This permitting program helps control water pollution by regulating sources that discharge pollutants into the waters of the United States. One source requiring such a permit is the Ballast Water Treatment Facility at the Valdez Marine Terminal in Prince William Sound.

After reviewing the state’s latest application to take over the program, the council found several problems. Some of these more critical issues have led the council to believe the state is not properly prepared to take on this responsibility.

In August the council sent a letter to the Environmental Protection Agency, during a public comment period, voicing its concerns over the remaining issues.

As mandated by the Oil Pollution Act of 1990, the council is responsible for citizen oversight for all permits pertaining to the Valdez Marine Terminal’s facilities. Traditionally, the Environmental Protection Agency has consulted the council, since its inception, regarding all permitting pertaining to wastewater treatment and discharges from the terminal in Prince William Sound.

The state’s program description does not address the role of regional citizens’ advisory groups. The council is requesting that the state, if given permitting authority, be required to assume the responsibility for consulting citizens’ advisory groups on relevant permitting activities.

Taking over primacy is no small task and the council thinks it would require more resources and employees than the state appears to have set aside for its proposed program. Based on the state application for takeover, the council does not believe the state is prepared to provide adequate funding to maintain the program as it is maintained under the Environmental Protection Agency.

The state’s proposal includes funding for about 14 new staff positions and a small amount of money to contract work out to handle the over 1,700 existing pollution discharge permit authorizations in Alaska. The council does not see how this will be sufficient for conducting the permitting, inspection and enforcement of the program.

The state has proposed a four-phase schedule to assume permitting authority over a three-year period. The council agrees with this timeline and thinks that permitting for the oil and gas industry should be the fourth and final stage of the takeover, because of the complexities involved in this sector. Considering these complexities, the council is requesting that oil and gas permitting be handed over only if the state can demonstrate it is able to adequately handle the first three phases.

Since the closing of the Environmental Protection Agency’s public comment period on August 18, the council is waiting to see which, if any of its issues will be addressed.

Depending on the Environmental Protection Agency’s review of the state’s latest application, the state could begin to assume control of the National Pollution Discharge Elimination System permitting program within the next year.

However, approval hinges on whether the state’s application is found to be sufficient, or if issues such as the ones voiced by the council need to be addressed before the state can move forward.

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