Summary

EPA is issuing a notice of proposed action under the Clean Water Act to modify provisions of National Pollutant Discharge Elimination System (NPDES) permit AS0020001 issued to the Utulei Sewage Treatment Plant (Utulei STP) located near the township of Utulei, Pago Pago Harbor, American Samoa, on November 18, 2019.

On December 20, 2019 the discharger/permittee, American Samoa Power Authority (ASPA) filed a petition with the Environmental Appeals Board (EAB) challenging four provisions of the permit, all of which were related to the dilution factor granted in the permit for the following pollutants: 1) the dilution and limits for Total Nitrogen (TN), 2) the dilution and limits for Total Phosphorous (TP), 3) the dilution and limits for ammonia, and 4) the dilution and limits for Whole Effluent Toxicity (WET). In accordance with 40 CFR § 124.19(j), EPA withdrew the four contested provisions before they became effective, and the EAB dismissed ASPA’s appeal as moot on January 22, 2020.

EPA is now proposing to modify the permit. The proposed revisions include effluent limits for TN, TP, ammonia, and WET. Six of the proposed revisions, including the effluent limits for TN, TP, ammonia, and WET and two revisions based on revised Water Quality Standards are subject to public notice and comment and opportunity for a public hearing procedures, consistent with 40 CFR § 124.11. All other provisions of the permit have gone into effect and are not subject to public comment or public hearing at this time. The proposed revised permit and amended fact sheet, which lists and describes the revised permit provisions, are included with this notice.