Bulk Transmission Environment in Alaska
At a Glance
|Environmental Review Process:||Best Interest Finding if the project requires the State of Alaska to sell, lease, or otherwise dispose of state land.|
|Environmental Review Agency:||Alaska Department of Natural Resources|
|Type of State Environmental Review (Leasing Stage):|
|Type of State Environmental Review (Non-invasive Exploration):|
|Type of State Environmental Review (Invasive Exploration):|
|Type of State Environmental Review (Drilling):|
|Type of State Environmental Review (Power Plant Siting):|
|Contacts/Agencies:||Alaska Department of Natural Resources, Alaska Department of Fish and Game, Alaska Department of Environmental Conservation|
State Environment Process
Developers must participate in a best interests finding with the Alaska Department of Natural Resources (ADNR) if their project requires the state of Alaska to sell, lease, or otherwise “dispose” of state land. AS 38.05.035(e). The best interests finding is a written analysis that describes for the public the facts and applicable law that are relevant to the disposal and gives a decision based on certain factors. ADNR must make the written best interests finding available to the public, and developers may be required to participate in a public hearing. Alaska Stat. § 38.05.945 A written best interests finding is not required for transactions listed in AS 38.05.035(e)(6).
Cultural Resource Assessment
Developers must provide three months notice to the Alaska Department of Natural Resources (ADNR) before any construction, alteration, or improvement of any nature is undertaken on a privately owned, officially designated state monument or historic site by any person. A.S. 41.35.090. If the project will be located on a site with historic, prehistoric, or archaeological value, then the Alaska Department of Natural Resources (ADNR) is permitted to initiate eminent domain proceedings in order to maintain that value. AS 41.35.060. ADNR is then permitted to remove or salvage the historic, prehistoric, or archaeological remains, but must compensate the developer for any diminution of value in the property. AS 41.35.100. If cultural resources are discovered on the project site, then the developer is required to provide notice to ADNR. ADNR will conduct a survey of the cultural resources to determine their value, and may conduct a salvage operation to remove the resources. AS 41.35.070(f).
Biological Resource Assessment Process
Developers must comply with the Anadromous Fish Act (AS 16.05.871-.901) in Alaska, which requires that an individual or government agency provide prior notification and obtain permit approval from the Alaska Department of Fish and Game (ADF&G) before altering or affecting “the natural flow or bed” of a specified waterbody or fish stream. Developers must obtain a Fish Habitat Permit from ADF&G if their project will affect the natural flow or bed of a specified waterbody or fish stream. Developers may be required to obtain a special permit and comply with other regulations if their project will be located within a refuge, sanctuary, or critical habitat. AS 16.20.
Water Resource Assessment
Developers may be required to obtain several permits related to water quality issues, including permits for nonpoint source pollution, NPDES permitting, and 401 water quality certification, and ground water discharge.
Developers must comply with Alaska’s Nonpoint Source Pollution control if their project will affect “impaired waters.” However, if the developer’s project will not affect impaired waters, then compliance is voluntary. Developers will work closely with the Alaska Department of Environmental Conservation (ADEC) to determine Total Maximum Daily Loads (TMDL) and Waterbody Recovery Plan Requirements.
Developers must comply with National Pollutant Discharge Elimination System (NPDES) requirements if their project will discharge pollutants into the waters of the United States. Alaska has been granted authority by the Environmental Protection Agency to administer the NPDES program within the state. The Alaska Department of Environmental Conservation (ADEC) has primary authority for issuing most new NPDES permits in Alaska. A NPDES permit in Alaska establishes conditions and limits for the discharge of pollutants from domestic and industrial sources. A general permit regulates discharges from more than one facility with similar wastewater characteristics in a defined geographical area. Developers must request to be covered under a general permit. If the developer cannot be covered by a general permit, then an individual permit is necessary. An individual permit is issued to a single facility and its terms, limits, and conditions are specifically tailored to the unique aspects of that facility and the receiving water body. Developers must submit an application for an individual permit, and ADEC will then post a draft discharge permit on their website based on the information contained in the application.
Developers must obtain a 401 Water Quality Certification from the Alaska Department of Environmental Conservation if the project implicates any federal license or permit issued to construct or operate a facility which may result in any fill or discharge into navigable waters of the United States. ADEC must ensure that the project will comply with the Clean Water Act, the Alaska Water Quality Standards (18 AAC 70), and other applicable state laws. Developers may qualify for coverage under a general permit, if coverage is not available for the project then an individual permit will be required.
Waste and Hazardous Material Assessment Process
If the developer’s project requires installation of an underground storage tank, then they will be required to obtain approval from the Alaska Department of Environmental Conservation (ADEC). Developers may also be required to obtain a Hazardous Waste Permit and a Waste Disposal Permit.
Developers must obtain registration from the Alaska Department of Environmental Conservation (ADEC) if their project will require the use of an underground storage tank or tank system. Developers must register their tank within 30 days of acquisition. In Alaska, “underground storage tank system” means one or more stationary devises, including any connected to underground pipes, designed to contain an accumulation of petroleum. Developers must submit the registration form to ADEC, with the required fee, for review. Once ADEC approves the application, a UST operations tag and decal will be issued to the developer.
Developers must obtain a Hazardous Waste Permit from the Alaska Department of Environmental Conservation (ADEC) if their project must treat, store, dispose, or transport hazardous waste. Developers must submit an application for a Hazardous Waste Permit to ADEC for review. ADEC will issue a Hazardous Waste Permit following review.
Developers must obtain a Waste Disposal Permit from the Alaska Department of Environmental Conservation (ADEC) if their project requires the modification or operation of any sewage system or treatment works. Developers may qualify for coverage under a general permit, which is issued on a statewide, regional or other geographical basis. If a developer does not qualify for coverage under a general permit, then an individual permit must be obtained. Developers may be able to obtain a waiver for the Waste Disposal Permit requirement if they have obtained a NPDES permit which covers the same waste. Developers must submit an application to ADEC for review. If ADEC issues a permit, then the permit will be valid for no more than five years.
Local Environment Process
Policies & Regulations
- Air Permit Program Application Forms
- Air Permit Program Information Page
- Alaska ADEC Process for Issuing a 401 Waiver of Corps 404 Permits
- Alaska ADEC Wetlands Regulation
- Alaska APDES Enforcement Response Guide
- Alaska Air Permit Program Webpage
- Alaska DEC Water Permit Search
- Alaska Department of Environmental Conservation Underground Storage Tank Registration and Certification
- Alaska Department of Environmental Conservation Underground Storage Tanks Intent to Install or Reconfigure
- Alaska District US Army Corps of Engineers
- Alaska Division of Spill Prevention and Response Financial Responsibility for Underground Storage Tank Owners Website
- Alaska Division of Water Permit Fees
- Alaska Fish Habitat Permit Application
- Alaska General Fish Habitat Permits
- Alaska Landmark Register Procedures
- Alaska Local Ordinances Governing Nonpoint Source Pollution
- Alaska Nonpoint Source Water Pollution Control Strategy
- Alaska Oil and Gas Finding of Best Interest
- Alaska Public Participation in APDES Permitting Process
- Alaska Request for SHPO Section 106 Review
- Alaska Sample Special Area Permit
- Alaska Special Area General Permits
- Alaska Special Area Permit Application
- Alaska Special Area Regulations
- Alaska Storm Water Construction General Permit
- Alaska Underground Storage Tanks Website
- Alaska Underground Tanks Without Current Inspection Tags Website
- Alaska Water Quality Standards
- An Introduction to Electric Power Transmission
- Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes
- Construction and Minor Permit Applications
- Fish Habitat Regulations
- Hydropower in Alaska and Fish and Game, Monte Miller, Alaska Fish & Wildlife News
- Solid Waste Program Website
- Spill Prevention and Response Website
- Title V Operation Permit Application Webpage