[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Notices]
[Pages 37745-37747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18382]
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[[Page 37746]]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5533-8]
Proposed Issuance of the NPDES General Permit for Discharges From
the Offshore Subcategory of the Oil and Gas Extraction Point Source
Category to the Territorial Seas of Louisiana (LAG260000)
AGENCY: Environmental Protection Agency.
ACTION: Notice of Proposed NPDES General Permit Issuance.
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SUMMARY: The Regional Administrator of Region 6 today proposes to issue
National Pollutant Discharge Elimination System (NPDES) general permit
No. LAG260000 for existing source facilities and New Source facilities
in the Offshore Subcategory of the Oil and Gas Extraction Point Source
Category (40 CFR Part 435, Subpart A) located in and discharging to
lease blocks in the Territorial Seas of Louisiana. The discharge of
produced water to the Territorial Seas of Louisiana from Offshore
Subcategory facilities located in the Outer Continental Shelf (OCS)
waters off of Louisiana is also covered by this permit.
As proposed, the permit limitations conform to Oil and Gas
Extraction Offshore Subcategory Guidelines and contain additional
requirements to assure that state water quality standards will be met
and there will be no unreasonable degradation of the marine environment
as required by Section 403(c) of the Clean Water Act. Specifically, the
draft permit proposes to prohibit the discharge of drilling fluids and
drill cuttings and prohibit the discharge of produced sand. Produced
discharges water are limited for oil and grease, toxic metals and
organics, and chronic toxicity. In addition, limits are placed on oil
and grease and a requirement of no discharge of priority pollutants
except in trace amounts for well treatment, completion, and workover
fluids, and the requirement of No Free Oil is placed on a number of
other waste discharges associated with oil and gas operations.
ADDRESSES: Comments should be sent to: Regional Administrator, U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733.
DATES: Comments must be received by September 17, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Caldwell, U.S. Environmental
Protection Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 655-7513.
A copy of the draft permit or an explanatory fact sheet may be
obtained from Ms. Caldwell. In addition, the current administrative
record on the proposal is available for examination at the Region's
Dallas offices during normal working hours after providing Ms. Caldwell
24 hours advanced notice.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those which
operate offshore oil and gas extraction facilities located in the Outer
Continental Shelf of the western Gulf of Mexico.
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Examples of regulated
Category entities
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Industry.................................. Offshore Oil and Gas
Extraction Platforms.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your [facility, company, business, organization, etc.] is regulated by
this action, you should carefully examine the applicability criteria in
Part I. Section A.1. of the rule. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Section 301(a) of the Clean Water Act (CWA or the Act), 33 USC
1311(a), renders it unlawful to discharge pollutants to waters of the
United States in the absence of authorizing permits. CWA section 402,
33 USC 1342, authorizes EPA to issue National Discharge Elimination
System (NPDES) permits allowing discharges on condition they will meet
certain requirements, including CWA sections 301, 304, 306, 401 and
403. Those statutory provisions require that NPDES permits include
effluent limitations requiring that authorized discharges (1) Meet
standards reflecting levels of technological capability, (2) comply
with EPA-approved state water quality standards, (3) comply with other
state requirements adopted under authority retained by states under CWA
section 510, 33 USC 1370 and (4) cause no unreasonable degradation to
the territorial seas, waters of the contiguous zone or the oceans.
Three types of technology-based effluent limitations must be
included in the permits proposed here. With regard to conventional
pollutants, i.e., pH, BOD, oil and grease, TSS, and fecal coliform, CWA
section 301(b)(1)(E) requires effluent limitations based on ``best
conventional pollution control technology'' (BCT). With regard to
nonconventional and toxic pollutants, CWA section 301(b)(2) (A), (C)
and (D) require effluent limitations based on ``best available
pollution control technology economically achievable'' (BAT). For New
Sources, CWA section 306 requires effluent limitations based on New
Source Performance Standards (NSPS). Final effluent guidelines
specifying BCT, BAT and NSPS for the Offshore Subcategory of the Oil
and Gas Point Source Category (40 CFR 435, Subpart A) were issued
January 15, 1993 and were published at 58 FR 12454 on March 4, 1993.
Other Legal Requirements
State Certification
Under section 401(a)(1) of the Act, EPA may not issue an NPDES
permit until the State in which the discharge will originate grants or
waives certification to ensure compliance with appropriate requirements
of the Act and State law. Section 301(b)(1)(C) of the Act requires that
NPDES permits contain conditions that ensure compliance with applicable
state water quality standards or limitations. The proposed permit
contains limitations intended to ensure compliance with state water
quality standards and has been determined by EPA Region 6 to be
consistent with Louisiana's water quality standards and the
corresponding implementation plan. The Region has solicited
certification from the Louisiana Department of Environmental Quality.
Oil Spill Requirements
Section 311 of the CWA, ``the Act'', prohibits the discharge of oil
and hazardous materials in harmful quantities. Discharges that are in
compliance with NPDES permits are excluded from the provisions of
Section 311. However, the permit does not preclude the institution of
legal action or relieve permittees from any responsibilities,
liabilities, or penalties for other, unauthorized discharges of oil and
hazardous materials which are covered by Section 311 of the Act.
Endangered Species Act
The permit, as proposed, contains limitations to protect aquatic
life. It is also much more stringent than the previous permit which
covered discharges to the territorial seas of Louisiana (46 FR 20284
published April 3, 1981). The Region finds that adoption
[[Page 37747]]
of the proposed permit is unlikely to adversely affect any threatened
or endangered species or its critical habitat. EPA is seeking written
concurrence from the National Marine Fisheries Service (NMFS) and the
United States Fish and Wildlife Service (USFWS) on this determination.
Environmental Impact Statement
EPA determined that issuance of the NPDES General Permit for
Discharges from the Offshore subcategory of the Oil and Gas Extraction
Category to the Territorial Seas of Louisiana was a major Federal
action significantly affecting the quality of the human environment.
Thus, pursuant to the National Environmental Policy Act of 1969 (NEPA)
evaluation of the potential environmental consequences of the permit
action in the form of an Environmental Impact Statement (EIS) was
required.
On February 12, 1993, the U.S. Environmental Protection Agency
(EPA), Region 6, published a Notice of Intent in the Federal Register,
to prepare an Environmental Impact Statement FEIS) on its proposed New
Source NPDES General Permit for the Offshore Subcategory of the Oil &
Gas Extraction Category to the Territorial Seas of the Gulf of Mexico
off Texas and Louisiana. The 45-day public review and comment period
ended on March 16, 1994. A public hearing to receive comments on the
Draft EIS and NPDES permit was held March 16, 1994.
Because the Draft EIS evaluated the NPDES general permits for oil
and gas operations in the Territorial Seas of Texas and Louisiana, and
all issues related to the Texas permit have not been resolved, EPA's
Final EIS only covers the Louisiana NPDES general permit. The Final EIS
will be made available for a 30-day review by interested agencies,
environmental groups, and the public. Comments received on the Final
EIS will be considered in EPA's Record of Decision, documenting the
completion of the NEPA process and final decision of the Louisiana
NPDES general permit.
Ocean Discharge Criteria Evaluation
For discharges into waters of the territorial sea, contiguous zone,
or oceans CWA section 403 requires EPA to consider guidelines for
determining potential degradation of the marine environment in issuance
of NPDES permits. These Ocean Discharge Criteria (40 CFR 125, Subpart
M) are intended to ``prevent unreasonable degradation of the marine
environment and to authorize imposition of effluent limitations,
including a prohibition of discharge, if necessary, to ensure this
goal'' (45 FR 65942, October 3, 1980). An Ocean Discharge Criteria
Evaluation was conducted to determine compliance of this proposed
permit with those criteria. Based on the terms and conditions of the
territorial seas permit as it is proposed, EPA has determined that
discharges authorized by the permit will not cause unreasonable
degradation of the marine environment. Therefore, issuance of the
permit will not violate Ocean Discharge Criteria promulgated under CWA
403 (c).
Coastal Zone Management Act
The proposed permit is more stringent than the general permit for
New and Existing Sources in the Oil and Gas Extraction Category for the
Western Portion of the Outer Continental Shelf of the Gulf of Mexico
(GMG290000) which has been determined to be consistent with Louisiana's
Coastal Zone Management Plan (CZMP). Since it covers similar operations
as that permit and is more stringent, EPA has determined that the
activities authorized by this proposed permit are consistent with the
local and state Coastal Zone Management Plans. The proposed permit and
consistency determination will be submitted to the State of Louisiana
for interagency review at the time of public notice.
Marine Protection, Research, and Sanctuaries Act
The Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972
regulates the dumping of all types of materials into ocean waters and
establishes a permit program for ocean dumping. In addition the MPRSA
establishes Marine Sanctuaries Program, implemented by the National
Oceanographic and Atmospheric Administration (NOAA), which requires
NOAA to designate ocean waters as marine sanctuaries for the purpose of
preserving or restoring their conservation, recreational, ecological or
aesthetic values. No marine sanctuaries designated under the Marine
Research and Sanctuaries Act exist in the area to which this permit
applies.
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from the review requirements of Executive Order 12866. It should be
noted, however, that EPA in fact prepared a regulatory impact analysis
in connection with its promulgation of the Guidelines, submitted it to
the OMB, and included it in the public review. See 58 FR 12492. Each of
the technology-based conditions in the proposed permit which will
increase industry compliance costs was considered in that regulatory
impact analysis and review.
Paperwork Reduction Act
The information collection required by this permit has been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., in submission made for the
NPDES permit program and assigned OMB control numbers 2040-0086 (NPDES
permit application) and 2040-0004 (discharge monitoring reports).
Since this permit is very similar in reporting and application
requirements and in discharges which are required to be monitored as
the Western Gulf of Mexico Outer Continental Shelf (OCS) general permit
(GMG290000) the paperwork burdens are expected to be nearly identical.
When it issued the OCS general permit, EPA estimated it would take an
affected facility three hours to prepare the request for coverage and
38 hours per year to prepare discharge monitoring reports. It is
estimated that the time required to prepare the request for coverage
and discharge monitoring reports for this permit will be the same.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that
EPA prepare a regulatory flexibility analysis for regulations that have
a significant impact on a substantial number of small entities. In
promulgating the Guidelines, EPA prepared an economic impact analysis
showing they would directly impact no small entities. See 58 FR 12492.
Based on those findings, EPA Region 6 certifies, pursuant to the
provisions of 5 USC 605(b), that the permit proposed today will not
have a significant impact on a substantial number of small entities.
Dated: April 18, 1996.
Oscar Ramirez,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 96-18382 Filed 7-18-96; 8:45 am]
BILLING CODE 6560-50-P