Sec. 18 AAC 83.010 - Requirements, guidelines, and policy documents adopted by reference

ยง 18 AAC 83.010. Requirements, guidelines, and policy documents adopted by reference

(a) The provisions of 40 C.F.R. 2.208 (Substantive Criteria for Use in Confidentiality Determinations), as revised as of July 1, 2005, are adopted by reference.

(b) The following provisions of 40 C.F.R. Part 122 (EPA Administered Permit Programs: The National Pollutant Discharge Elimination System), as revised as of July 1, 2006, are adopted by reference:

(1) 40 C.F.R. 122.23 (Concentrated Animal Feeding Operations);

(2) 40 C.F.R. 122.25 (Aquaculture Projects);

(3) 40 C.F.R. 122.26 (Storm Water Discharges);

(4) 40 C.F.R. 122.29(d) (Effect of Compliance with New Source Performance Standards);

(5) 40 C.F.R. 122.30 - 40 C.F.R. 122.37 (Requirements and Guidance for Small Municipal Separate Storm Sewer Systems);

(6) 40 C.F.R. 122.42(e) (Additional Conditions Applicable to NPDES Permits for Concentrated Animal Feeding Operations);

(7) Appendix A to 40 C.F.R. Part 122 (NPDES Primary Industry Categories);

(8) Appendix C to 40 C.F.R. Part 122 (Criteria for Determining a Concentrated Aquatic Animal Production Facility);

(9) Appendix D to 40 C.F.R. Part 122 (NPDES Permit Application Testing Requirements);

(10) Appendix J to 40 C.F.R. Part 122 (NPDES Permit Testing Requirements for Publicly Owned Treatment Works).

(c) The following provisions of 40 C.F.R. Part 125 (Criteria and Standards for the National Pollutant Discharge Elimination System), as revised as of July 1, 2006, are adopted by reference:

(1) Subpart A (40 C.F.R. 125.1 - 40 C.F.R. 125.3; Criteria and Standards for Imposing Technology-Based Treatment Requirements);

(2) Subpart B (40 C.F.R. 125.10 - 40 C.F.R. 125.11; Criteria for Issuance of Permits to Aquaculture Projects);

(3) Subpart D (40 C.F.R. 125.30 - 40 C.F.R. 125.32; Criteria and Standards for Determining Fundamentally Different Factors);

(4) Subpart G (40 C.F.R. 125.56 - 40 C.F.R. 125.68; Criteria for Modifying Secondary Treatment Requirements);

(5) Subpart H (40 C.F.R. 125.70 - 40 C.F.R. 125.73; Criteria for Determining Alternative Effluent Limitations);

(6) Subpart I (40 C.F.R. 125.80 - 40 C.F.R. 125.89; Requirements Applicable to Cooling Water Intake Structures for New Facilities);

(7) Subpart J (40 C.F.R. 125.90 - 40 C.F.R. 125.99; Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities);

(8) Subpart M (40 C.F.R. 125.120 - 40 C.F.R. 125.124; Ocean Discharge Criteria);

(9) Subpart N (40 C.F.R. Part 125.130 - 40 C.F.R. 125.139; Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Act).

(d) The provisions of 40 C.F.R. Part 129, Subpart A (40 C.F.R. 129.1 - 40 C.F.R. 129.105; Toxic Pollutant Effluent Standards and Prohibitions), as revised as of July 1, 2006, are adopted by reference.

(e) The provisions of 40 C.F.R. Part 133 (Secondary Treatment Regulation), as revised as of July 1, 2006, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants), revised as of September 18, 2014, are adopted by reference.

(g) The following provisions of Subchapter N (40 C.F.R. Part 400 - 40 C.F.R. Part 471; Effluent Standards) are adopted by reference:

(1)40 C.F.R. Part 401 (General Provisions), as revised as of July 1, 2006;

(2) 40 C.F.R. 403.1 - 40 C.F.R. 403.18 (General Pretreatment Regulations for Existing and New Sources of Pollution) and Appendices D, E, and G as revised as of July 1, 2007;

(3)40 C.F.R. Part 405 - 40 C.F.R. Part 471, containing industry sector effluent limitations and guidelines, as revised as of July 1, 2006.

(h) The EPA's Combined Sewer Overflow Control Policy of April 19, 1994, published at 59 Fed. Reg. 18688, is adopted by reference.

(i) Unless the context in which a term is used clearly requires a different meaning, terms in the provisions adopted by reference in (a) - (h) of this section have the following meanings:

(1) "director" means "Department of Environmental Conservation";

(2) "Environmental Protection Agency" or "EPA" means "Department of Environmental Conservation";

(3) "regional administrator" or "administrator" means "Department of Environmental Conservation".

(Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 10/23/2008, Register 188; am 2/19/2016, Register 217, April 2016)

A copy of the EPA's Combined Sewer Overflow Control Policy, adopted by reference in 18 AAC 83.010, is available for examination at the Department of Environmental Conservation, Division of Water area offices in Juneau, Anchorage, and Fairbanks. The Combined Sewer Overflow Control Policy also may be viewed through the United States Government Printing Office website at http://www.gpoaccess.gov/nara [File Link Not Available].

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

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