Summary
EPA is issuing a notice of proposed action under the Clean Water Act to revise three provisions of the National Pollutant Discharge Elimination System (NPDES) permit AS0000019 issued to the StarKist Samoa Tuna Cannery located near the township of Anua, Pago Pago Harbor, American Samoa, on February 26, 2020.
On April 27, 2020 StarKist Samoa Co., the discharger/permittee, filed a petition with the Environmental Appeals Board (EAB) challenging three provisions of the permit:
- the dissolved oxygen receiving water limit;
- receiving water monitoring requirements at coral reefs stations; and
- an annual priority pollutant scan.
In accordance with 40 CFR § 124.19(j), EPA timely withdrew these three contested provisions before they became effective, and the EAB dismissed StarKist’s appeal as moot on May 26, 2020.
After reevaluating, EPA is proposing a revised permit including revised provisions which are subject to standard public notice and comment and opportunity for a public hearing procedures, consistent with 40 CFR § 124.11. Only these three revised provisions of the permit are open for public comment, as EPA determined that all other provisions of the permit were uncontested and became fully effective and enforceable as of June 20, 2020. The proposed revised permit and amended fact sheet, which lists and describes the revised permit provisions, are included with this notice.