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EPA/WATER RIN: 2040-AF54 Publication ID: Spring 2015 
Title: Alaskan Seafood Processing Effluent Limitations Guidelines 

The existing effluent limitations guidelines (ELGs) for the Alaskan Seafood subcategories of the Canned and Preserved Seafood Processing ELGs (40 CFR Part 408) which were promulgated in the 1970s required new and existing sources to meet discharge requirements that reflected a facility's proximity to population and/or processing centers: "non-remote" and "remote." As promulgated, all facilities except for those listed in the non-remote ELGs (i.e., Anchorage, Cordova, Juneau, Ketchikan, Kodiak, and Petersburg) are subject to requirements for "remote" locations. For remote locations, the ELGs established numerical limits on particle size discharged (1/2 inch) based on grinding to reduce the size of the pieces prior to discharge. For the non-remote locations, the ELGs established numerical limits for total suspended solids (TSS) and oil and grease based on screening the solids from the wastewater prior to discharge and solids handling of screened solids by some means other than near shore direct discharge. These regulations were litigated and upheld in the Ninth Circuit. However, in 1980, certain members of the Alaskan seafood processing industry subsequently submitted two petitions along with new data and information to EPA requesting that it suspend the non-remote ELGs for facilities located in Anchorage, Cordova, Juneau, Ketchikan, and Petersburg and instead subject them to the less stringent requirements for "remote" locations. The non-remote ELGs would remain in effect for Kodiak. On May 19, 1980, EPA temporarily suspended the existing requirements for facilities in the five "non-remote" centers covered in the petition and instead subjected them to the less stringent limits based on grinding until October 15, 1980. On January 9, 1981, EPA issued a proposal to deny the petition to modify and amend the ELGs for Anchorage, Cordova, Ketchikan and Petersburg but to grant the petition to remove Juneau from the non-remote subcategories. EPA also solicited comment on subjecting additional geographic locations including two specific locations, Dutch Harbor and Kenai Peninsula, to the "non-remote" requirements. In the 1981 proposal, EPA stated that the May 1980 suspension would remain in effect until EPA made a final decision. The Agency has not made a final decision, and the suspension has remained in effect since 1980. On November 7, 2013, EPA provided new data and information gathered since the 1981 proposal. The notice described EPA's recent data and information gathering; provided EPA's preliminary analyses of the new data; and summarized what the Agency learned from the new data and analyses. It provided preliminary results of EPA's analyses of the updated data for the five petition locations as well as preliminary analysis for possible additional locations. Finally, it provided preliminary indications of how these results may be reflected in EPA's final response to petitions submitted in 1980 by certain members of the Alaskan seafood processing industry and in amended effluent limitations. EPA is reviewing the comments received from the notice and is preparing responses. A final preamble and rule is expected be signed and published in September 2015.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR Part 408     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1251 et seq Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
Notice  11/07/2013  78 FR 66916   
Comment Period Extended  12/27/2013  78 FR 78954   
Final Rule  02/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Meghan Hessenauer
Environmental Protection Agency
Washington, DC 20460
Phone:202 566-1040
Fax:202 566-1053

Jan Matuszko
Environmental Protection Agency
4303T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1035
Fax:202 566-1053