Triennial Review Process

NOTICE OF PUBLIC COMMENT PERIOD ON A PLAN FOR FUTURE CHANGES TO ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGULATIONSBRIEF DESCRIPTIONThe Alaska Department of Environmental Conservation (DEC) will be accepting public comment on potential issues and updates to Title 18, Chapter 70 of the Alaska Administrative Code. The federal Clean Water Act requires states to conduct a review of state water quality standards on a triennial basis. This ensures pollution limits for Alaska’s waters are integrating recent science, technology, policy, and federal requirements in state water quality regulations. THE TRIENNIAL REVIEW IS A PLANNING PROCESS, NOT A RULE MAKING PROCEEDING AND WILL NOT DIRECTLY RESULT IN NEW REGULATIONS.As required by the federal Clean Water Act, every three years the Department of Environmental Conservation (DEC) conducts a comprehensive review (the “triennial review”) of state water quality standards (WQS) regulations at 18 AAC 70. The triennial review process provides

an opportunity for the general public to engage with the department regarding its priorities and commitments. State WQS are subject to U.S. Environmental Protection Agency approval prior to implementation in state water pollution control programs.A copy of the potential topics being considered for the 2024-2026 triennial review cycle is available on the https://water.alaskadec.commentinput.com?id=mtPEFZ8Mp and by contacting Brock Tabor, brock.tabor@alaska.gov (907) 465-5185. You may also view a copy of the materials at the agency’s office at DEC-Division of Water, 410 Willoughby Ave, Suite 303, P.O. Box 118000. Juneau, Alaska 99811, or go to the Division of Water Triennial Review web page at https://dec.alaska.gov/water/water-quality/triennial-review.Comments can be submitted here https://water.alaskadec.commentinput.com?id=mtPEFZ8Mp . If you are unable to submit comments via this site you may submit them by mail to Brock Tabor, DEC Division of Water at P.O. Box 111800, Juneau, Alaska 99811-1800 or by electronic mail at brock.tabor@alaska.gov and they will be uploaded to the public comment site. The full contents of all submitted comments are considered public records and will be posted online in full during the public comment period. The comments must be received no later than 11:59 on May 6, 2024 Comments submitted by a delivery service or by U.S. mail must be received on or before the due date.You may submit written questions relevant to the proposed action to Brock Tabor by electronic mail at brock.tabor@alaska.gov or 410 Willoughby Ave, Suite 303. P.O. Box 11800, Juneau, Alaska 99811. The 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 https://dec.alaska.gov/water/water-quality/triennial-review. 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.Oral or written comments also may be submitted at a public hearing to be held telephonically on March 20, 2024. The hearing will be held from 4:00 p.m. to 6:00 p.m. Those individuals who wish to participate may do so by calling (800) 315-6338. Access Code 51851.The department complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Meg Kohler at (907) 269-4198 or TDD Relay Service 1-800-770-8973/TTY or dial 711 10 days prior to the end of the public scoping period.After the public comment period ends, DEC will make a determination regarding issues for prioritization during the 2024-2026 triennial review cycle. Rulemaking may occur for multiple issues during the 2024-2026 cycle. DEC will public notice all proposed changes to the WQS 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.Statutory Authority: AS 46.03.010; AS 46.03.020; AS 46.03.024; AS 46.03.050; AS 46.03.070; AS 46.03.080; AS 46.03.100; AS 46.03.110; AS 46.03.710Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.010; AS 46.03.020; AS 46.03.024; AS 46.03.050; AS 46.03.070; AS 46.03.080; AS 46.03.100; AS 46.03.110; AS 46.03.710Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.