[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Notices]
[Pages 2387-2394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-416]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5133-1]
Final NPDES General Permits for Produced Water and Produced Sand
Discharges From the Oil and Gas Extraction Point Source Category to
Coastal Waters in Louisiana (LAG290000) and Texas (TXG290000)
AGENCY: Environmental Protection Agency, Region 6.
ACTION: Issuance of Final NPDES Permits.
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SUMMARY: Region 6 of the United States Environmental Protection Agency
(EPA) today issues final NPDES General Permits regulating discharges of
produced water and produced sand derived from oil and gas point source
facilities. The permits prohibit the discharge of produced water and
produced sand derived from Coastal Subcategory (40 CFR part 435,
subpart D) to any water subject to EPA jurisdiction under the Clean
Water Act. Discharges to ``coastal'' waters of Louisiana and Texas of
produced water and produced sand derived from most Stripper Subcategory
(40 CFR part 435, subpart F) and all Offshore Subcategory (40 CFR part
435, subpart A) facilities covered by these permits are prohibited.
Under Permit TXG290000, Stripper Subcategory facilities located east of
the 98th meridian whose produced water is derived from the Carrizo/
Wilcox, Reklaw or Bartosh formations in Texas and whose produced water
does not exceed 3000 mg/l Total Dissolved Solids may discharge produced
water subject to effluent limitations on oil and grease of 25 mg/l
monthly average and 35 mg/l daily maximum. TXG290000 prohibits the
discharge of produced sand derived from those facilities. Produced
water derived from Stripper Subcategory and Offshore Subcategory wells
which discharge to the main deltaic passes of the Mississippi River or
to the Atchafalaya River below Morgan City including Wax Lake Outlet,
are not covered by Permit No. LAG290000, but may be regulated in future
NPDES permitting actions. Permittees include commercial disposal
facilities as well as oil and gas operators generating produced water
and sand.
Region 6 is also issuing an administrative order requiring
permittees discharging produced water from existing Coastal, Stripper
or Offshore Subcategory wells which must meet the No Discharge
requirement for produced water to meet that requirement no later than
January 1, 1997 unless an earlier compliance date is required by the
State.
DATES: These permits will become effective on February 8, 1995.
ADDRESSES: Notifications required by these permits should be sent to
the Water Management Division, Enforcement Branch (6W-EA), EPA Region
6, P.O. Box 50625, Dallas, Texas 75202.
FOR FURTHER INFORMATION: Contact Ms. Ellen Caldwell, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202; telephone: (214) 665 7513.
SUPPLEMENTARY INFORMATION: EPA issues these general permits pursuant to
its authority under Section 402 of the Clean Water Act, 33 U.S.C. 1342.
These permits cover discharges of produced water and produced sand
derived from Oil and Gas Point Source Category Facilities to coastal
waters of Louisiana and Texas. Discharges regulated by these permits
include those from Coastal Subcategory (40 CFR part 435, subpart D)
facilities in Louisiana and Texas, discharges from the Stripper
Subcategory (40 CFR part 435, subpart F) that discharge to coastal
waters of Louisiana and Texas, and discharges from some Offshore
Subcategory (40 CFR part 435, subpart A) to coastal waters of Louisiana
and Texas. These permits do not authorize discharges from ``new
sources'' as defined in 40 CFR 122.2.
Public notice of the draft permits was published in the Federal
Register on December 22, 1992 (57 FR 60926) and in the Houston Post and
New Orleans Times Picayune on January 9, 1993. As then announced, the
comment period was to close on February, 9, 1993, but Region 6
subsequently extended it to March 15, 1993 because of numerous
telephone and written requests for additional time. (57 FR 6968,
February 3, 1993). Region 6 considered all comments it received in
formulating the final permits. The Region has prepared a detailed
Response to Comments, but is not publishing it in this Federal Register
notice for practical reasons. A copy may be obtained from Ms. Caldwell
at the address supplied above.
EPA Region 6 made a number of changes to the permits as a result of
comments. Under Permit No. TXG290000, facilities in the Stripper
Subcategory located east of the 98th meridian whose produced water
comes from the Carrizo/Wilcox, Reklaw or Bartosh formations in Texas
and whose produced water does not exceed 3000 mg/l Total Dissolved
Solids are allowed to discharge produced water subject to an effluent
limitation of 3000 mg/l for Total Dissolved Solids and oil and grease
limits of 25 mg/l monthly average and 35 mg/l daily maximum. Associated
[[Page 2388]] changes to the wording of Part I.A and Part II of the
permits reflect these produced water discharge authorization; e.g.,
notices of intent to be covered and Discharge Monitoring Reports are
now required for facilities allowed to discharge. In response to
comments on potential ambiguities, clarifying wording changes and
additions are also included in the final permits. Produced water
discharges derived from Stripper Subcategory and Offshore Subcategory
wells into the main deltaic passes of the Mississippi River, or to the
Atchafalaya River below Morgan City including Wax Lake Outlet, have
been excluded from coverage under Permit No. LAG290000 and may be the
subject of future regulatory actions. These changes are discussed in
greater detail in the written Response to Comments.
The Region is also issuing an administrative order requiring
permittees discharging produced water from existing Coastal, Stripper
or Offshore Subcategory wells which must meet the No Discharge
requirement for produced water, to comply with that requirement no
later than January 1, 1997 unless an earlier compliance date is
required by the State. Many discharges in Louisiana are required to
cease sooner than January 1, 1997. As explained in the Fact Sheet for
the Draft Permits, Region 6 was not required to publish its proposed
administrative order nor is the final order subject to judicial review
before its enforcement. Region 6 nevertheless solicited comments on a
draft order and responses proved helpful in formulating the final
order.
Other Legal Requirements
A. State Certification
Under Section 401(a)(1) of the Act, EPA may not issue a NPDES
permit until the State in which the discharge will occur grants or
waives certification to ensure compliance with appropriate requirements
of the Act and State law. The State of Louisiana, after review of the
permit, has certified that the Louisiana permit will comply with
applicable state water quality standards or limitations. The State of
Texas has waived certification.
B. The Endangered Species Act
The Endangered Species Act (ESA), 16 USC 1536, requires Federal
agencies to insure that their actions, such as permit issuance, are
unlikely to jeopardize the continued existence of any listed endangered
or threatened species or result in the destruction or adverse
modification of designated critical habitat. In informal consultation
under ESA Section 7(a)(2), the U. S. Fish and Wildlife Service has
concurred with EPA's determination that issuance of these permits is
unlikely to adversely affect any federally-listed species or designated
critical habitats.
C. The Coastal Zone Management Act
In accordance with Section 307(c)(3) of the Coastal Zone Management
Act, the Louisiana Coastal Zone Management Division of Louisiana
Department of Natural Resources has reviewed NPDES permit LAG290000 and
found its issuance consistent with the Louisiana Coastal Zone
Management Program.
D. The Paperwork Act
The information collection requirements of these general permits
have been approved by OMB under provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et.seq. in prior submissions made for the NPDES
permit program.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act requires that federal agencies
prepare a regulatory flexibility analysis for regulations that will
have a significant impact on a substantial number of small entities.
The impact on small entities was discussed in some detail in the Fact
Sheet (57 FR 60943) for the current permits. Because certain groups of
wells are now allowed by these final permits to discharge produced
water and, for the Louisiana permit, compliance with produced water No
Discharge limits will in many cases be required by state regulations
sooner than required by this permit, the impact on small entities will
be even less than anticipated for the proposed permits.
NPDES Permits LAG290000 and TXG290000 are hearby issued. In
addition, the General Administrative Order which applies to those
permits is hereby issued and appears following NPDES Permits LAG290000
and TXG290000.
Signed this 22nd day of December, 1994.
Myron O. Knudson,
Director, Water Management Division, EPA Region 6.
In compliance with the provisions of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq: the ``Act''), these
permits prohibit the discharge of produced water and produced sand
derived from Oil and Gas Point Source Category facilities to
``coastal'' waters of Louisiana and Texas, as described below, in
accordance with effluent limitations and other conditions set forth in
Parts I and II. Facilities covered by these permits include those in
the Coastal Subcategory (40 CFR part 435, subpart D), the Stripper
Subcategory (40 CFR part 435, subpart F) that discharge to ``coastal''
waters of Louisiana and Texas, and the Offshore Subcategory (40 CFR
part 435, subpart A) which discharge to ``coastal'' waters of Louisiana
and Texas.
These permits do not apply to ``new sources'' as defined in 40 CFR
122.2.
These permits, except for certain portions listed in Part I.B.,
shall become effective February 8, 1995, and expire at midnight on
February 8, 2000.
Part I
Section A. General Permit Coverage and Notification Requirements
1. Operations Covered
a. Facilities in the Coastal Subcategory (40 CFR part 435, subpart
D) located in Louisiana and Texas. Location of a Coastal Subcategory
facility is determined by the location of the wellhead associated with
that facility.
b. Facilities in the Offshore Subcategory (40 CFR part 435, subpart
A) and the Stripper subcategory (40 CFR part 435, subpart F) which
discharge to ``coastal'' waters of Louisiana or Texas. Note that
facilities in the Stripper Subcategory and the Offshore Subcategory
that discharge directly to a major deltaic pass of the Mississippi
River or to the Atchafalaya River, including Wax Lake Outlet, below
Morgan City are not covered by Permit No. LAG290000.
c. Facilities which dispose of produced water or produced sand
derived from Coastal Subcategory facilities located in Louisiana or
Texas.
d. Facilities which dispose of produced water or produced sand
derived from Stripper or Offshore Subcategory facilities by discharge
to coastal waters of Louisiana or Texas.
2. Permittees Covered
Operators of facilities listed in Part I.A.1 of these permits.
3. Notification Requirements
a. Operators of facilities whose discharge of produced water and
produced sand is prohibited by these permits are automatically covered;
a written notification of intent to be covered by these permits is not
required.
b. Operators of facilities whose produced water discharge is
allowed (See Part I.B.2.a of these permits) are required to submit a
written notification of intent to be covered by these permits.
Written notification of intent to be covered, including the legal
name and address of the operator, the lease (or [[Page 2389]] lease
block) number assigned by the Railroad Commission of Texas or, if none,
the name commonly assigned to the lease area, the type of facilities
located within the lease (or lease block), the name of the formation
from which the produced water originates and the Total Dissolved Solids
concentration of the produce water shall be submitted:
(1) For existing discharges of produced water, within 45 days of
the effective date of this permit.
(2) For new discharges of produced water, within fourteen days
prior to the commencement of discharge.
c. Because these permits cover only produced water and produced
sand, discharges of other waste waters from Coastal Subcategory wells
must apply to be covered by NPDES Permits LAG330000 or TXG330000, which
cover the discharge of waste discharges, other than produced water and
produced sand, from Coastal Subcategory production (and drilling)
facilities.
4. Termination of Operations
Lease (or lease block) operators shall notify the Regional
Administrator within 60 days after the permanent termination of
discharges from their facilities. In addition, lease (or lease block)
operators shall notify the Regional Administrator within 30 days of any
transfer of ownership.
Section B. Application for NPDES Individual Permit
1. Any operator authorized by this permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit. The operator shall submit an application together
with the reasons supporting the request to the Regional Administrator.
2. When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to the owner or operator is automatically terminated on the
effective date of the individual permit.
Section C. General Permit Limits
1. Permit Conditions Applicable to LAG290000
a. Prohibitions
Permittees shall not discharge nor shall they cause or allow the
discharge of produced water and produced sand. Operators of facilities
generating pollutants regulated under this permit shall take reasonable
positive steps to assure said pollutants are not unlawfully discharged
to waters of the United States by third parties and shall maintain
documentation of those steps for no less than three years.
b. Other Requirements
All dischargers must comply with any more stringent requirements
contained in Louisiana Water Quality Regulations, LAC: 33,IX,7.708.
2. Permit Conditions Applicable to TXG290000
a. Prohibitions
Permittees shall not discharge nor shall they cause or allow the
discharge of produced water or produced sand. Operators of facilities
generating pollutants regulated under this permit shall take reasonable
positive steps to assure said pollutants are not unlawfully discharged
to waters of the United States by third parties and shall maintain
documentation of those steps for no less than three years.
Exception to prohibition on discharge of produced water: Facilities
in the Stripper Subcategory located east of the 98th meridian whose
produced water comes from the Carrizo/Wilcox, Reklaw or Bartosh
formations in Texas and whose produced water does not exceed 3000 mg/l
Total Dissolved Solids shall meet the following limits and monitoring
requirements:
(1) Produced water discharges must meet both a daily maximum of 35
mg/l and a monthly average of 25 Pmg/l for oil and grease.
(2) Monitoring for oil and grease shall be performed once per
month. The sample type may be a grab, or a 24-hour composite consisting
of the arithmetic average of the results of 4 grab samples taken over a
24-hour period.
(3) Produced water flow monitoring requirement: Once per month, an
estimate of the flow in MGD (million gallons per day) must be made and
recorded.
Part II
(Applicable to LAG290000 and TXG290000)
Section A. General Conditions
1. Introduction
In accordance with the provisions of 40 CFR 122.41 et. seq., this
permit incorporates by reference ALL conditions and requirements
applicable to NPDES permits set forth in the Clean Water Act, as
amended (hereinafter known as the ``Act'') as well as all applicable
EPA regulations.
2. Duty To Comply
The permittee must comply with all conditions of this permit. Any
permit non-compliance constitutes a violation of the Clean Water Act
and is grounds for enforcement action and/or for requiring a permittee
to apply for and obtain an individual NPDES permit.
3. Permit Flexibility
This permit may be modified, revoked and reissued, or terminated
for cause, in accordance with 40 CFR 122.62-122.64. The filing for a
permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
4. Property Rights
This permit does not convey any property rights of any sort, or any
exclusive privileges nor does it authorize any injury to private
property or any invasion of personal rights, or any infringement of
Federal, State or local laws or regulations.
5. Duty To Provide Information
The permittee shall furnish to the Regional Administrator, within a
reasonable time, any information which the Regional Administrator may
request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit, or to determine compliance with
this permit. The permittee shall also furnish the Regional
Administrator, upon request, copies of records required to be kept by
this permit.
6. Criminal and Civil Liability
Except as provided in permit conditions on ``Bypassing'' and
``Upsets'', nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false
or materially misleading representation or concealment of information
required to be reported by the provisions of the permit, the Act or
applicable CFR regulations which avoids or effectively defeats the
regulatory purpose of the Permit may subject the permittee to criminal
enforcement pursuant to 18 USC Section 1001.
7. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee may
be subject under Section 311 of the Clean Water Act.
8. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
[[Page 2390]] applicable State law or regulation under authority
preserved by Section 510 of the Clean Water Act.
9. Severability
The provisions of this permit are severable, and if any provision
of this permit or the application of any provision of this permit to
any circumstance is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
Section B. Proper Operation and Maintenance
1. Need To Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
2. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
3. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed and used by the permittee to achieve
compliance with the conditions of this permit. This provision requires
the operation of backup or auxiliary facilities of similar systems
which are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.
4. Bypass of Facilities
a. Definitions
(1) ``Bypass'' means the intentional diversion of waste streams
from any portion of a facility.
(2) ``Severe property damage'' means substantial physical damage to
property, damage to the treatment facilities that causes them to be
inoperable, or substantial and permanent loss of natural resources than
can reasonably be expected to occur in the absence of bypass. Severe
property damage does not mean economic loss caused by delays in
production.
b. Notice
(1) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee shall, within 24 hours,
submit notice of an unanticipated bypass as required in Part II.D.2.
c. Prohibition of Bypass
(1) Bypass is prohibited, and the Regional Administrator may take
enforcement action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury
or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(c) The permittee submitted notices as required by Part II.B.4.b.
(2) The Regional Administrator may approve an anticipated bypass,
after considering its adverse effects, if the Regional Administrator
determines that it will meet the conditions listed at Part
II.B.4.c.(1).
5. Upset Conditions
a. Definition
``Upset'' means an exceptional incident in which there is
unintentional and temporary noncompliance with technology-based
effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed facilities, inadequate
facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effects of an Upset. An upset constitutes an affirmative defense
of an action brought for noncompliance with such technology-based
permit effluent limitations if the requirements of Part II.B.5.c. are
met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
c. Conditions necessary for a demonstration of upset. The permittee
who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous logs, or other
relevant evidence that:
(1) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required by Part
II.D.2; and
(4) The permittee complied with Part II.B.2.
d. Burden of Proof. In any enforcement proceeding the permittee
seeking to establish the occurrence of an upset has the burden of
proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of waste waters shall be disposed of
in a manner such as to prevent any pollution from such materials from
entering waters of the United States.
Section C. Monitoring and Records
1. Inspection and Entry
The permittee shall allow the Regional Administrator or an
authorized representative, upon the presentation of credentials and
other documents as may be required by law, to:
(a) Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or operations
regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the Clean
Water Act, any substances or parameters at any location.
2. Representative Sampling
Samples and measurements taken as required herein shall be
representative of the volume and nature of the monitored discharge.
3. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation, and
copies of all reports required by this permit, for a period of at least
3 years from the date of the sampling, measurement, or reporting. This
period may be extended by request of the Regional Administrator at any
time. [[Page 2391]]
The operator shall maintain records at development and production
facilities for 3 years, wherever practicable and at a specific shore-
based site whenever not practicable. The operator is responsible for
maintaining records at exploratory facilities while they are
discharging under the operator's control and at a specified shore-based
site for the remainder of the 3-year retention period.
4. Record Contents
Records of monitoring information shall include:
(a) The date, exact place, and time of sampling or measurements,
(b) The individual(s) who performed the sampling or measurements,
(c) The date(s) analyses were performed,
(d) The individual(s) who performed the analyses,
(e) The analytical techniques or methods used, and
(f) The results of such analyses.
5. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR Part 136, unless other test procedures have been specified
in this permit.
6. Discharge Rate/Flow Measurements
Appropriate flow measurement devices consistent with accepted
practices shall be selected, maintained, and used to ensure the
accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated, and maintained
to insure that the accuracy of the measurements are consistent with the
accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than
10% from true discharge rates throughout the range of
expected discharge volumes.
Section D. Reporting Requirements
1. Anticipated Noncompliance
The permittee shall give advance notice to the Regional
Administrator of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.
2. Discharge Monitoring Reports
For facilities which are allowed to discharge and for which
monitoring is required by Part I of these permits, the operator of each
lease (or lease block) shall be responsible for submitting monitoring
results for all facilities within that area (i.e., lease or lease
block). The monitoring results for the facilities within the particular
lease (or lease block) shall be summarized on the annual Discharge
Monitoring Report for that lease (or lease block).
Monitoring results obtained during the previous 12 months shall be
summarized and reported on a Discharge Monitoring Report (DMR) Form
(EPA No. 3320-1). The highest monthly average for all activity within
each lease (or lease block) shall be reported. The highest daily
maximum sample taken during the reporting period shall be reported as
the daily maximum concentration. (See ``Definitions'' for more detailed
explanations of these terms).
If any category of waste (discharge) is not applicable for all
facilities within the lease (or lease block) due to the type of
operation (e.g. drilling, production), ``no discharge'' must be
recorded for those categories on the DMR. If all facilities within a
lease block have had no activity during the reporting period, then ``no
activity'' must be written on the DMR. All pages of the DMR must be
signed and certified as required by Part II.D.9 of these permits and
submitted when due.
The Permittee must complete all empty blanks in the DMR unless
there has been absolutely no activity or no discharge within the lease
(or lease block) for the entire reporting period. In these cases, EPA
Region VI will accept a listing of leases or lease blocks with no
discharges or no activity, in lieu of submitting actual DMR's for these
areas. This listing must specify the permittee's NPDES General Permit
Number, lease or lease block description, and EPA-assigned outfall
number. The listing must also include the certification statement
presented in Part II.D.9 of these permits and an original signature of
the designated responsible official.
Upon receipt of a notification of intent to be covered (see Part
I.A.2 of these permits for facilities requiring such notification), the
permittee will be notified of its specific outfall number applicable to
that lease (or lease block) and will be informed of the discharge
monitoring report due date.
All notices and reports required under this permit shall be sent to
EPA Region 6 at the address below:
Director, Water Management Division, USEPA, Region 6, Enforcement
Branch (6W-EA), P.O. Box 50625, Dallas, TX 75270
3. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
Part 136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the DMR. Such increased monitoring frequency shall also be
indicated on the DMR.
4. Averaging of Measurements
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified by the Regional Administrator in the permit.
5. Twenty-four Hour Reporting
a. For facilities which are allowed to discharge produced water by
Part I.B.2.a of Permit No. TXG290000, the permittee shall report any
noncompliance which may endanger health or the environment (including
any spill that requires oral reporting to the state regulatory
authority). Information shall be provided orally within 24 hours from
the time the permittee becomes aware of the circumstances. A written
submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Regional
Administrator may waive the written report on a case-by-case basis if
the oral report has been received within 24 hours.
The following shall be included as information which must be
reported within 24 hours:
(1) Any unanticipated bypass which exceeds any effluent limitation
in the permit;
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violations of a maximum daily discharge limitation or daily
minimum toxicity limitation for any of the pollutants listed by the
Regional Administrator in Part III of the permit to be reported within
24 hours.
The reports should be made to Region 6 by telephone at (214) 665-
6593. The Regional Administrator may waive the written report on a
case-by-case basis if the oral report has been received within 24
hours.
b. For all facilities prohibited from discharging produced water,
the permittee shall report any noncompliance with these permits, bypass
or upset. Any information shall [[Page 2392]] be provided orally within
24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 5
days of the time the permittee becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance and
its cause; the period of noncompliance, including exact dates and
times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or plans to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The 24 hour
oral reporting and follow up written submission requirement in Part
II.D.5.b of these permits shall become effective 60 days after the
effective date of these permits.
6. Other Noncompliance
For facilities which are allowed to discharge by Part I.B.2.a of
Permit No. TXG290000, the permittee shall report all instances of
noncompliance not reported under Part II, Section D, paragraphs 2 and 5
at the time monitoring reports are submitted. The reports shall contain
the information listed in Section D, paragraph 5.
7. Other Information
Where the permittee becomes aware that it failed to submit any
relevant facts in any report to the Regional Administrator, it shall
promptly submit such facts or information.
8. Changes in Discharges of Toxic Substances
The permittee shall notify the Regional Administrator as soon as it
knows or has reason to believe:
a. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, or any toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the ``notification levels'' described in 40 CFR
122.42(a)(l).
b. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the ``notification levels'' described in 40 CFR
122.42(a)(2).
9. Signatory Requirements
All reports, or information submitted to the Regional Administrator
shall be signed and certified as follows:
a. For a corporation. By a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means:
(1) A president, secretary, treasurer, or vice-president of the
corporation in charge of a principle business function, or decision
making functions for the corporation, or
(2) The manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
b. For a partnership or sole proprietorship. By a general partner
or the proprietor, respectively.
c. For a municipality, State, Federal or other public agency.
Either a principle executive office or ranking elected official. For
purposes of this section, a principle executive officer of a Federal
agency includes:
(1) The chief executive officer of the agency, or
(2) A senior executive officer having responsibility for the
overall operations of a principle geographic unit of the agency.
d. Alternatively, all reports required by the permit and other
information requested by the Regional Administrator may be signed by a
person described above or by a duly authorized representative only if:
(1) the authorization is made in writing by a person described
above;
(2) the authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or oil field, superintendent, or position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. A duly
authorized representative may thus be either a individual or an
individual occupying a named position; and
(3) the written authorization is submitted to the Regional
Administrator.
e. Certification. Any person signing a document under this section
shall make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for the gathering of the information,
the information submitted is, to the best of my knowledge and
belief, true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations.
10. Availability of Reports
Except for applications, effluent data, and other data specified in
40 CFR 122.7, any information submitted pursuant to this permit may be
claimed confidential by the submitter. If no claim is made at the time
of submission, information may be made available to the public without
further notice.
Section E. Penalties for Violations of Permit Conditions
1. Criminal
a. Negligent Violations
The Act provides that any person who negligently violates permit
conditions implementing Sections 301, 302, 306, 307 or 308 of the Act
is subject to a fine of not less than $2500 nor more than $25,000 per
day of violation, or by imprisonment for not more than 1 year, or both.
b. Knowing Violations
The Act provides that any person who knowingly violates permit
conditions implementing Sections 301, 302, 306, 307 or 308 of the Act
is subject to a fine of not less than $5,000 per day of violation nor
more than $50,000 per day of violation, or by imprisonment for not more
than 3 years, or both.
c. Knowing Endangerment
The Act provides that any person who knowingly violates permit
conditions implementing Sections 301, 302, 306, 307 or 308 of the Act
and who knows at the time that he is placing another person in imminent
danger of death or serious bodily injury is subject to a fine of not
more than $250,000, or by imprisonment for not more than 15 years, or
both.
d. False Statements
The Act provides that any person who knowingly makes any false
material statement, representation, or certification in any
application, record, report, plan, or other document filed or required
to be maintained under the Act or who knowingly falsifies, tampers
with, or renders inaccurate, any monitoring device or method required
to be maintained under the Act, shall upon conviction, be punished by a
fine of not more than $10,000 per day, or by imprisonment for not more
than 2 years, or by both. If a conviction of a person is for a
violation committed after a first conviction of such a person under
this paragraph, punishment shall be by a fine of not more than $20,000
per day of violation, or by imprisonment of not [[Page 2393]] more than
4 years, or by both (See Section 309(c)(4). of the Clean Water Act).
2. Civil Penalties
The Act provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307 or 308 of the Act is subject
to a civil penalty not to exceed $25,000 per day for each violation.
3. Administrative Penalties
The Act provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to a civil penalty not to exceed $25,000 per day for each
violation.
a. Class I Penalty
Not to exceed $10,000 per violation nor shall the maximum amount
exceed $25,000.
b. Class II Penalty
Not to exceed $10,000 per day for each day during which the
violations continues nor shall the maximum amount exceed $125,000.
Section F. Definitions
All definitions in Section 502 of the Act shall apply to this
permit and are incorporated herein by reference. Unless otherwise
specified in this permit, additional definitions words or phrases used
in this permit are as follows:
1. Act means the Clean Water Act (33 U.S.C. 1251 et. seq.) as
amended.
2. Applicable effluent standards and limitations means all state
and Federal effluent standards and limitations to which a discharge is
subject under the Act, including, but not limited to, effluent
limitations, standards of performance, toxic effluent standards and
prohibitions, and pretreatment standards.
3. Applicable water quality standards means all water quality
standards to which a discharge is subject under the Act and which have
been (a) approved or permitted to remain in effect by the Administrator
following submission to him/her, pursuant to Section 303(a) of the Act,
or (b) promulgated by the Administrator pursuant to Section 303(b) or
303(c) of the Act.
4. Bypass means the intentional diversion of waste streams from any
portion of a treatment facility.
5. Coastal waters are defined as waters of the United States (as
defined at 40 CFR 122.2) located landward of the territorial seas.
6. Daily Discharge means the discharge of a pollutant measured
during a calendar day or any 24-hour period that reasonably represents
the calendar day for purposes of sampling. For pollutants with limits
expressed in units of measurement other than mass, the ``daily
discharge'' is calculated as the average measurement of the pollutant
over the sampling day. ``Daily discharge'' determination of
concentration made using a composite sample shall be the concentration
of the composite sample. When grab samples are used, the ``daily
discharge'' determination of concentration shall be arithmetic average
(weighted by flow value) of all samples collected during that sampling
day.
7. Daily Maximum discharge limitation means the highest allowable
``daily discharge'' during the calendar month.
8. Environmental Protection Agency means the U.S. Environmental
Protection Agency.
9. Monthly Average (also known as daily average) discharge
limitations means the highest allowable average of ``daily
discharge(s)'' over a calendar month, calculated as the sum of all
``daily discharge(s)'' measured during a calendar month divided by the
number of ``daily discharge(s)'' during that month. When the permit
establishes monthly average concentration effluent limitations or
conditions, the monthly average concentration means the arithmetic
average (weighted by flow) of all ``daily discharge(s)'' of
concentration determined during the calendar month.
10. National Pollutant Discharge Elimination System means the
national program for issuing, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under Sections 307, 318, 402 and 405 of the
Act.
11. Produced sand means sand and other particulate matter from the
producing formation and production piping (including corrosion
products), as well as source sand and hydrofrac sand. Produced sand
also includes sludges generated by any chemical polymer used in a
produced water treatment system.
12. Produced water means water (brine) brought up from the
hydrocarbon-bearing strata during the extraction of oil and gas, and
can include formation water, injection water, and any chemicals added
down hole or during the oil/water separation process.
13. Regional Administrator means the Administrator of the U.S.
Environmental Protection Agency, Region 6.
14. Severe property damage means substantial physical damage to
property, damage to treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of bypass.
Severe property damage does not mean economic loss caused by delays in
production.
15. Territorial seas refers to ``the belt of the seas measured from
the line of ordinary low water along that portion of the coast which is
in direct contact with the open sea and the line marking the seaward
limit of inland waters, and extending seaward a distance of three
miles.''
16. Upset means an exceptional incident in which there is
unintentional and temporary noncompliance with technology-based permit
effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
Section C. Monitoring and Records
United States Environmental Protection Agency, Region 6, In Re: NPDES
Permit Nos. LAG290000 and TXG290000, General Administrative Compliance
Order
The following Findings are made and Order issued pursuant to the
authority vested in the Administrator of the Environmental Protection
Agency (EPA) by Section 309(a)(3) of the Clean Water Act (hereinafter
``the Act''), 33 U.S.C. 1319(a)(3), and duly delegated to the Regional
Administrator, Region 6, and duly redelegated to the undersigned
Director, Water Management Division, Region 6. Failure to comply with
the interim requirements established in this Order constitutes a
violation of this Order and the NPDES permits.
Findings
I
The term ``waters of the United States'' is defined at 40 C.F.R.
122.2. The term ``coastal'' is defined in NPDES Permits LAG290000 and
TXG290000 and includes facilities which would be considered ``Onshore''
but for the decision in API v. EPA 661 F.2 340 (5th Cir. 1981). The
term ``existing'' means spudded prior to the effective date of NPDES
Permits LAG290000 and TXG290000.
II
Pursuant to the authority of Section 402(a)(1) of the Act, 33
U.S.C. Sec. 1342, [[Page 2394]] Region 6 issued National Pollutant
Discharge Elimination System (NPDES) Permits No. LAG290000 and
TXG290000 with an effective date of February 8, 1995. These permits
prohibit the discharge of produced water and produced sand derived from
Oil and Gas Point Source Category facilities to ``coastal'' waters of
Louisiana and Texas in accordance with effluent limitations and other
conditions set forth in Parts I and II of these permits. Facilities
covered by these permits include those in the Coastal Subcategory (40
CFR 435, Subpart D), the Stripper Subcategory (40 CFR 435, Subpart F)
that discharge to ``coastal'' waters of Louisiana and Texas, and the
Offshore Subcategory (40 CFR 435, Subpart A) which discharge to
``coastal'' waters of Louisiana and Texas.
III
Respondents herein are permittees subject to General NPDES Permit
Nos. LAG290000 and/or TXG290000 and who:
A. Discharge produced water derived from an existing Coastal,
Stripper or Offshore Subcategory well or wells to ``coastal'' waters of
Texas or Louisiana on the effective date of LAG290000 or TXG290000.
B. Discharge produced water derived from an existing Coastal
Subcategory well or wells located in Louisiana or Texas to waters of
the United States outside Louisiana or Texas ``coastal'' waters on the
effective date of LAG290000 or TXG290000.
C. Are required by Permits No. LAG290000 or TXG290000 to meet the
requirement of No Discharge of produced water and are taking
affirmative steps to meet that requirement.
D. Have submitted an ``Administrative Order Notice''. Such Notices
shall be sent to: Enforcement Branch (6W-EA), Region 6, U. S.
Environmental Protection Agency, P.O. Box 50625, Dallas TX 75270. Upon
submission of such an Administrative Order Notice, a permittee shall be
a Respondent under this General Administrative Order. The terms of each
Administrative Order Notice submitted shall be considered terms of this
Order and shall be enforceable against the Respondent submitting the
Administrative Order Notice. Each Administrative Order Notice must
include:
1. Identification of the facility by name and its location (by
lease, lease block, field or prospect name), the name and address of
its operator, and the name, address and telephone number of a contact
person.
2. A certification signed by a person meeting the requirements of
Part II, Section D.9 (Signatory Requirements) of Permits LAG290000 and
TXG290000 stating that a Compliance Plan has been prepared for the
facility in accordance with this Order. A copy of this plan shall not
be included with the Administrative Order Notice, but shall be made
available to EPA upon request.
3. A Compliance Plan shall include a description of the measures to
be taken, along with a schedule, to cease discharge of produced water
to waters of the United States as expeditiously as possible.
IV
To maintain oil and gas production and comply with the permits'
prohibition on the discharge of produced water, a significant number of
Respondents will have to reinject their produced water. A lack of
access to the finite number of existing Class II disposal wells, state
UIC permit writers, and drilling contractors may cause non-compliance
for a significant number of Respondents. In addition, time will be
required for some Respondents to reroute produced water collection
lines to transport the produced water to injection wells.
V
Respondents may reasonably perform all actions necessary to cease
their discharges of produced water no later than January 1, 1997.
Order
Based on the foregoing Findings, it is Ordered that Respondents:
A. Fully comply with all conditions of NPDES Permits No. LAG290000
and TXG290000 except for the prohibition on the discharge of produced
water and except for the requirement that all discharges of produced
water be reported within twenty-four hours.
B. Complete all activities necessary to attain full and continuance
compliance with NPDES Permits No. LAG290000 and TXG290000 as soon as
possible, but in no case later than January 1, 1997.
C. Operate and maintain all existing pollution control equipment,
including existing oil/water separation equipment, in such a manner as
to minimize the discharge of pollutants contained in produced water at
all times until such time as respondents cease their discharges of
produced water.
D. Submit notice to the Water Enforcement Branch of EPA Region 6
when produced water discharges subject to this Order have ceased.
E. Subject to NPDES Permit LAG290000 comply at all times with Part
I. Section B.1.b of said permit, requiring that Respondents meet any
more stringent requirements contained in Louisiana Water Quality
Regulation, LAC: 33,IX,7.708.
Nothing herein shall preclude additional enforcement action.
The effective date of this Order shall be the effective date of
NPDES Permits No. LAG290000 and TXG290000.
[FR Doc. 95-416 Filed 1-6-95; 8:45 am]
BILLING CODE 6560-50-P