(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 Juy 1, 2021, 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".
Notes
18 AAC 83.010
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; am 4/26/2024,
Register
250, July 2024
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