[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Pages 41609-41628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20243]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5533-9]


Final NPDES General Permit for New and Existing Sources in the 
Offshore Subcategory of the Oil and Gas Extraction Category for the 
Western Portion of the Outer Continental Shelf of the Gulf of Mexico 
(GMG290000)

AGENCY: United States Environmental Protection Agency.

ACTION: Final issuance of NPDES general permit.

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SUMMARY: Region 6 of the United States Environmental Protection Agency 
(EPA) today issues a National Pollutant Discharge Elimination System 
(NPDES) General Permit for the Oil and Gas Extraction Point Source 
Category in the Western Portion of the Outer Continental Shelf (OCS) of 
the Gulf of Mexico. The permit authorizes discharges from New Sources 
in the Offshore Subcategory of the Oil and Gas Extraction Point Source 
Category (40 CFR Part 435, Subpart A) located in and discharging 
pollutants to federal waters in lease blocks located seaward of the 
outer boundary of the territorial seas of Louisiana and Texas as well 
as produced water discharges to federal waters from New Source 
facilities located in the territorial seas offshore of Louisiana and 
Texas.
    The New Source General Permit (GMG390000) is also being combined 
with the existing NPDES general permit for the Western Gulf of Mexico 
OCS general permit (GMG290000) since the conditions of the New Source 
permit are essentially the same as those of the existing Western Gulf 
of Mexico OCS general permit. The NPDES permit number of this combined 
permit is hereby designated as GMG290000. The existing permit (58 FR 
63964, December 3, 1993) authorizes discharges in the Offshore 
Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR 
Part 435, Subpart A) from new dischargers and existing dischargers to 
the Western Portion of the Outer Continental Shelf (OCS) of the Gulf of 
Mexico. The effect of this action will be to expand the coverage of 
GMG290000 to cover both New Sources and existing dischargers. The 
combined permit's expiration date will be November 18, 1997, since that 
is the expiration date of the existing General Permit for the Western 
Gulf of Mexico OCS.

[[Page 41610]]

    A modification of the permit is also proposed in this Federal 
Register notice which will authorize new discharges of seawater and 
freshwater to which treatment chemicals have been added. It is 
necessary for operators to add corrosion inhibitors, scale inhibitors, 
or biocides to seawater and freshwater used in many miscellaneous 
processes offshore to ensure safe and efficient operation. The existing 
permit does not authorize these discharges; therefore, they are 
proposed to be authorized with this modification.

DATES: All limits and monitoring requirements pertaining to new sources 
and all changes which affect existing and new dischargers shall become 
effective September 9, 1996. Unchanged terms of the existing permit 
which cover existing and new dischargers shall remain effective.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Caldwell, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202, Telephone: (214) 655-7513.

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.

------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry..........................  Offshore Oil and Gas Extraction     
                                     Platforms.                         
------------------------------------------------------------------------

    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.
    Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C. 
section 1342, EPA proposed and solicited public comment on an NPDES New 
Source General Permit GMG390000 at 58 FR 53200 (October 14, 1993). This 
permit was proposed in response to newly promulgated new source 
performance standards and the new designation of new sources. Notice of 
this proposed permit was also published in the Houston Post and New 
Orleans Times Picayune on October 16, 1993. The comment period closed 
on November 29, 1993.
    Region 6 received written comments from the American Petroleum 
Institute (API), Offshore Operators Committee (OOC), Shell Offshore 
Inc., and Murphy Exploration and Production Company.
    EPA Region 6 has considered all comments received. In some 
instances minor wording changes were made in the final permit in order 
to clarify some points as a result of comments or to correct 
typographical errors. In response to the comments submitted on the 
proposed New Source permit, the following substantive changes were made 
in the final permit. The New Source general permit has been combined 
with the existing Western Gulf of Mexico OCS general permit. Use of 
diffusers, multi-port discharges, and the addition of seawater to the 
produced water waste stream are allowed to obtain additional dilution 
to achieve compliance with the permit's produced water toxicity limits. 
The permit allows produced water to be discharged to OCS waters of the 
Western Gulf of Mexico from facilities located in the Territorial Seas 
of Texas and Louisiana. The maximum produced water discharge rate 
within any 100 meter mixing zone is limited to 25,000 bbl/day, except 
when the discharge is divided into multiple ports which are vertically 
separated sufficiently to prevent the plumes from colliding. Discharge 
of all garbage within 12 nautical miles from shore is prohibited and 
the discharge of all garbage except comminuted edible food waste is 
prohibited farther than 12 nautical miles from shore. A single grab 
sample is allowed for oil and grease monitoring of the produced water 
waste stream. The additional discharge of hydraulic fluids from the 
sub-sea production wellhead assembly is allowed under the permit. 
Permit language was also clarified regarding when a produced water 
sample is to be collected for toxicity testing.
    Several minor permit language changes were made to the proposed 
permit which result from combining it with the existing OCS general 
permit. Those changes are: the test methods to be used for radionuclide 
monitoring were referenced in the permit, and well treatment, 
completion, and workover fluids are to be monitored as produced water 
when commingled in the produced water waste stream.
    Several minor modifications, as discussed in the following 
paragraph, were required in the existing Western Gulf of Mexico OCS 
general permit (GMG290000) in order to combine the two permits. Given 
the generally nonsubstantive nature of these minor permit changes, 
Region 6 does not anticipate members of the public will wish to submit 
adverse comments on this action. It is accordingly publishing these 
minor changes as ``direct final'' modifications. If, however, Region 6 
receives written notice within 30 days of this publication that any 
person wishes to submit adverse comments on these changes, the 
modifications will not take effect. In that event, the Region will 
republish these modifications as a proposal, thus affording reasonable 
opportunity for public comment. After 30 days, OCS operators covered by 
the permits may thus wish to contact Ms. Caldwell at the above address 
or telephone number to determine whether EPA has received adverse 
comments on this minor modification action.
    The following minor modifications were made in the existing OCS 
permit. Permit language for drill cuttings limits and monitoring 
requirements was clarified to show that toxicity monitoring is not 
required on the cuttings, only on the associated drilling fluids. A 
typographical error in the produced water oil and grease monitoring 
requirements was corrected so that the permit allows the results of a 
single grab sample or the arithmetic average of the results of four 
grab samples to be reported. Language was clarified to show that the 
only discharge from the territorial seas to the Outer Continental Shelf 
allowed under the permit is produced water. The sum of produced water 
discharges within the 100 meter mixing zone of greater than 25,000 bbl/
day are permitted as long as the discharge from any single discharge 
port is not greater than 25,000 bbl/day and the permittee vertically 
separates the discharge ports enough to prevent the effluent plumes 
from colliding. Facilities which have not previously reported a 
produced water flow on the discharge monitoring report are now required 
to use the most recent monthly average flow to determine produced water 
monitoring requirements for toxicity, naturally occurring 
radionuclides, and bioaccumulation. Garbage and domestic waste 
limitations were corrected to correspond with Coast Guard Regulations.
    The biomonitoring permit language used in both the proposed New 
Source OCS General Permit and the existing OCS general permit was 
written prior to proposal of the existing OCS general permit on April 
16, 1991. EPA Region 6 has revised the toxicity testing language 
included in permits several times since the April 16, 1991 proposal.

[[Page 41611]]

In order to ensure that the test requirements and protocol permittees 
use for produced water toxicity compliance monitoring is up to date, 
the most recent revision of the toxicity testing language was included 
in the final combined permit.

Proposed Permit Modification

    At this time, EPA is also proposing to modify the permit to 
authorize discharges of hydrotest and other seawater or freshwater to 
which treatment chemicals or biocides have been added. The existing OCS 
permit and proposed new source general permit both include 
miscellaneous discharges of uncontaminated seawater and uncontaminated 
freshwater. Both uncontaminated seawater and uncontaminated freshwater 
are defined as water to which no chemicals have been added. In most 
cases, where seawater or freshwater is used for hydrotesting piping, 
non-contact cooling water, continuous operation of fire control or 
utility pumps, pressure maintenance and secondary recovery, or ballast 
water, operators add treatment chemicals to inhibit corrosion and 
scaling, or biocides to prevent fouling. EPA recognizes that addition 
of chemicals for these uses is necessary to safe and efficient 
operations in the offshore environment and is therefore proposing to 
authorize discharges containing them in the combined permit.
    Permittees use a broad range of chemicals to treat sea water and 
fresh water used in offshore operations. It is impossible to limit each 
chemical used individually since more than one hundred different 
chemicals are used. Also, if the permit were to limit specific 
chemicals it could potentially halt the development and use of new more 
beneficial treatment chemicals which would not be specifically listed 
in the permit and for which discharge would therefore not be 
authorized.
    Best Available Technology Economically Achievable (BAT) limits 
established by best professional judgement are proposed to be included 
in the permit for these discharges. Many of the chemicals normally 
added to treat seawater or freshwater, especially biocides, have 
manufacturers recommended maximum concentrations. Additionally, 
information obtained from offshore operators demonstrates that it is 
unnecessary to use any of the treatment chemicals or biocides in 
concentrations greater than 500 mg/l. The proposed technology based 
limitations for treatment chemicals or biocides in miscellaneous 
discharges of seawater or freshwater are the manufacturers maximum 
recommended concentration but in no case greater than 500 mg/l.
    Water quality based limits are included in the permit to ensure 
compliance with Ocean Discharge Criteria promulgated under CWA section 
403(c). Acute toxicity monitoring and limits of no acute toxicity are 
proposed for the new discharges. The limits were developed using the 
dilutions calculated at the edge of the mixing zone and an acute to 
chronic ratio of ten to one. An acute toxicity test based on an 
appropriate acute to chronic ratio is considered an equivalent test to 
a chronic toxicity test. The ten to one acute to chronic ratio is the 
normal ratio for most industrial effluents and has been used in other 
NPDES permits where the effluent is highly diluted in the receiving 
stream and an acute test is required in place of a chronic test. In 
addition, the acute test is less burdensome to permittees because it is 
less costly than a chronic test and because the acute test will be run 
on less dilute effluent there is less chance for laboratory error. As 
with produced water toxicity limits, tables have been included in the 
permit from which permittees will obtain their critical dilution based 
on their discharge rate, pipe diameter, and the water depth at which 
they are discharging. Permittees will be required to conduct a 48-hour 
acute toxicity test to determine compliance with the limit.
    The discharge of free oil is proposed to be prohibited in these 
discharges to help to prevent the discharge of toxic pollutants 
contained in oil, which may contaminate these discharges and cause 
unreasonable degradation of the marine environment. Ocean discharge 
criteria (40 CFR 125.122) include ten factors which must be considered 
in determining whether a discharge will cause unreasonable degradation 
of the marine environment. One of the ten factors which must be 
examined is the potential impacts on human health through direct and 
indirect pathways. 40 CFR 110.4 defines quantities of oil which may be 
harmful to public health or welfare of the United States as a discharge 
which causes a sheen or discoloration on the receiving water. These 
discharges are proposed to be limited to no free oil as measured using 
the visual sheen test method.
    Monitoring for toxicity is required in the permit based on the 
discharge rate. As with produced water, larger discharges are required 
to be monitored more frequently than small ones because they are less 
dilute at the edge of the mixing zone and have a greater potential to 
cause toxic effects. The proposed monitoring frequencies are:

------------------------------------------------------------------------
           Discharge rate                 Toxicity testing frequency    
------------------------------------------------------------------------
0-499 bbl/day.......................  Once per year.                    
500-4,599 bbl/day...................  Once per quarter.                 
4,600 bbl/day and above.............  Once per month.                   
------------------------------------------------------------------------

    The frequency of free oil monitoring is required to be once per 
week. This is the same frequency as required for well treatment, 
completion, and workover fluids and should not be too onerous since the 
test method is simple and can be accomplished on site.

DATES: Comments on the proposed permit modification must be received by 
October 8, 1996.

ADDRESSES: Comments on the proposed permit modification to add coverage 
of the new miscellaneous discharges should be sent to: Regional 
Administrator Region 6, U.S. Environmental Protection Agency, 1445 Ross 
Avenue, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Caldwell, Region 6, U.S. 
Environ-mental Protection Agency, 1445 Ross Avenue, Dallas, Texas 
75202-2733. Telephone: (214) 655-7513.
    A copy of the proposed modified permit or a detailed fact sheet for 
the modification (neither of which are included in this Federal 
Register notice) 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.

Other Legal Requirements

Oil Spill Requirements

    CWA section 311 prohibits the discharge of oil and hazardous 
materials in harmful quantities. Discharges in compliance with NPDES 
permit limits are excluded from this prohibition, but the final 
combined permit neither precludes enforcement action for violations of 
CWA section 311 nor relieves permittees from any responsibilities, 
liabilities, or penalties for other unauthorized discharges of oil or 
hazardous materials subject to CWA section 311.

Endangered Species Act

    As explained at 58 FR 53203, EPA has found that issuance of the New 
Source General Permit will not adversely affect any listed threatened 
or endangered species or designated critical habitat and requested 
written concurrence on

[[Page 41612]]

that determination from the National Marine Fisheries Service (NMFS). 
The same determination was made and concurrence received from National 
Marine Fisheries Service when the existing OCS general permit was 
reissued on November 19, 1992 and modified on December 3, 1993. On 
November 4, 1993, NMFS again provided such concurrence on the proposed 
New Source General Permit for the Western Portion of the Gulf of Mexico 
(GMG390000).

Ocean Discharge Criteria Evaluation

    At 58 FR 41476 and 58 FR 63964 EPA Region 6 determined that 
discharges in compliance with the modified Western Gulf of Mexico Outer 
Continental Shelf general permit (GMG290000) would not cause 
unreasonable degradation of the marine environment. Since the modified 
existing general permit and the New Source General Permit are nearly 
identical and EPA Region 6 has determined that neither permit will 
cause unreasonable degradation of the marine environment, the Region 
finds that issuance of the combined general permit will not cause 
unreasonable degradation of the marine environment.

Environmental Impact Statement

    EPA determined that issuance of the NPDES New Source General Permit 
for the Western Portion of the Outer Continental Shelf of the Gulf of 
Mexico 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. The Minerals Management Service 
(MMS) had previously examined the environmental consequences in their 
final EIS which was conducted for oil and gas lease sales 142 and 143 
in the OCS Region of the Gulf of Mexico. EPA adopted that EIS and 
prepared a Supplemental EIS (SEIS) to allow for additional 
consideration and evaluation of potential impacts on air quality, water 
quality, including radium in produced water, and cumulative effects. 
The Draft SEIS and Final SEIS were completed in October 1993 and 
December 1994, respectively. EPA considered all the information 
gathered during that NEPA review including the impact analysis, 
comments received on the Draft SEIS and Final SEIS, input received from 
the scoping meeting and public hearings on the Draft SEIS and the 
proposed NPDES permit, and other information provided by interested 
parties during the SEIS process. Additionally, to address impacts 
relative to applicable Federal and State regulatory statutes, programs, 
and regulations, consultation was undertaken with the Advisory Council 
on Historic Preservation, the U.S. Fish and Wildlife Service, the 
National Marine Fisheries Service, and the Texas Natural Resource 
Conservation Commission. Through this process EPA found no predicted 
unacceptable or potentially significant adverse impacts, individually 
or cumulatively, that were not subject to control through regulation or 
mitigation. The Record of Decision for that process was prepared and 
dated September 28, 1995. Based on that Record of Decision, EPA is 
issuing the New Source general permit.

Coastal Zone Management Act

    The Region found the proposed New Source General Permit consistent 
with Louisiana's approved Coastal Zone Management Plan and submitted 
that determination and a copy of the proposed permit to the Louisiana 
Coastal Commission for certification. After informal consultation, the 
Commission provided such certification on August 1, 1994. The 
Commission also previously provided such certification for the 
modification of the existing Western Gulf of Mexico Outer Continental 
Shelf general permit on October 14, 1993.

Marine Protection and Sanctuaries Act

    Pursuant to the Marine Protection and Sanctuaries Act, the National 
Oceanographic and Atmospheric Administration has designated the Flower 
Garden Banks, an area within the coverage of the OCS general permit, a 
marine sanctuary. The OCS general permit prohibits discharges in areas 
of biological concern, including marine sanctuaries. No change adopted 
today affects that prohibition.

State Water Quality Certification

    Because discharges to state waters are not covered by the combined 
OCS general permit, its terms are not subject to state water quality 
certification under CWA section 401.

Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this action 
from the review requirements of Executive Order 12291 pursuant to 
Section 8(b) of that order. Guidance on Executive Order 12866 contain 
the same exemptions on OMB review as existed under Executive Order 
12291. In fact, however, EPA prepared a regulatory impact analysis in 
connection with its promulgation of the guidelines on which a number of 
the New Source permit's and the existing permit's provisions are based 
and submitted it to OMB for review. See 58 FR 12494.

Paperwork Reduction Act

    The information collection required by this permit has been 
approved by OMB under the provisions of the Paperwork Reduction Act in 
EPA submissions for the NPDES program assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports). When it issued the existing OCS general permit, 
EPA estimated it would take an affected facility three hours to prepare 
a request for coverage and 38 hours per year to prepare discharge 
monitoring reports. Likewise, when EPA proposed the New Source General 
Permit it estimated the same amount of time needed to prepare requests 
for coverage and discharge monitoring reports, since there would be few 
differences between the requirements for the two different permits. 
Changes made in the final combined permit will not add to the time 
needed to fill out discharge monitoring reports or request coverage 
under the permit.

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. In 
promulgating the Offshore Subcategory New Source Performance Standards 
on which many of today's New Source permit issuance is based, EPA 
prepared an economic impact analysis showing they would directly impact 
no small entities. See 58 FR 12492. Based on those findings and 
pursuant to 5 U.S.C. Sec. 605(b), EPA Region 6 has certified that 
issuance of this final permit will not have a significant impact on a 
substantial number of small entities.
    NPDES Permit GMG290000 is hereby combined with the proposed New 
Source General Permit for the Western Gulf of Mexico Outer Continental 
Shelf (Permit No. GMG390000) and is modified to read as it appears 
below.

Authorization To Discharge Under the National Pollutant Discharge 
Elimination System

    In compliance with the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1251 et seq. the ``Act''), operators of lease blocks 
in the Oil and Gas Extraction Point Source Category which are located 
in Federal waters of the Western Portion of the Gulf of Mexico

[[Page 41613]]

(defined as seaward of the outer boundary of the territorial seas off 
Louisiana and Texas) are authorized to discharge to the Western Portion 
of the Federal Waters of the Gulf of Mexico in accordance with effluent 
limitations, monitoring requirements, and other conditions set forth in 
Parts I, II, and III hereof. Also, operators of lease blocks located in 
the territorial seas of Louisiana and Texas are authorized to discharge 
produced water from those lease blocks to the Western Portion of the 
Federal Waters of the Gulf of Mexico in accordance with effluent 
limitations, monitoring requirements, and other conditions set forth in 
Parts I, II, and III hereof.
    Operators of lease blocks located within the general permit area 
must submit written notification to the Regional Administrator that 
they intend to be covered (See Part I.A.2). Unless otherwise notified 
in writing by the Regional Administrator after submission of the 
notification, owners or operators requesting coverage are authorized to 
discharge under this general permit. Operators of lease blocks within 
the general permit area who fail to notify the Regional Administrator 
of intent to be covered by this general permit are not authorized under 
this general permit to discharge pollutants from those facilities. 
Operators who have previously submitted a written notification of 
intent to be covered by this permit need not submit an additional 
notification of intent to be covered.
    Facilities which adversely affect properties listed or eligible for 
listing in the National Register of Historic Places are not authorized 
to discharge under this permit.
    This permit shall become effective at Midnight Central Daylight 
Savings Time on September 9, 1996.
    This permit and the authorization to discharge shall expire at 
midnight, Central Daylight Savings Time, November 18, 1997.

    Signed this 18th day of April, 1996.
Oscar Ramirez,
Acting Director, Water Quality Protection Division, EPA Region 6.

Part I. Requirements for NPDES Permits

Section A. Permit Applicability and Coverage Conditions

1. Operations Covered
    This permit establishes effluent limitations, prohibitions, 
reporting requirements, and other conditions on discharges from oil and 
gas facilities engaged in production, field exploration, developmental 
drilling, well completion, and well treatment operations.
    The permit coverage area consists of lease blocks located in and 
discharging to Federal waters in the Gulf of Mexico seaward of the 
outer boundary of the territorial seas offshore of Louisiana and Texas 
and shall include lease blocks west of the western boundary of the 
outer continental shelf lease areas defined as: Mobile, Viosca Knoll 
(north part), Destin Dome, Desoto Canyon, Lloyd, and Henderson. In 
Texas, where the state has mineral rights to 3 leagues, some operators 
with state lease tracts are required to request coverage under this 
Federal NPDES general permit. In addition, permit coverage consists of 
produced water discharges to those Federal waters of the western Gulf 
of Mexico from lease blocks located in the territorial seas of Texas 
and Louisiana. This permit does not authorize discharges from 
facilities discharging to the territorial seas of Louisiana or Texas or 
from facilities defined as ``coastal'', ``onshore'', or ``stripper'' 
(see 40 CFR Part 435, Subparts C, D, and E).
2. Notification Requirements
    Written notification of intent to be covered including the legal 
name and address of the operator, the lease block number assigned by 
the Department of Interior or the state or, if none, the name commonly 
assigned to the lease area, and the number and type of facilities 
located within the lease block shall be submitted at least fourteen 
days prior to the commencement of discharge. If the lease block was 
previously covered by this or another permit, the operator shall also 
include the previous permit number in the notification. Additionally, 
if an application for an individual permit for the activity was 
previously submitted to EPA Region 6, the notice of intent shall 
include the application/permit number of that application or the permit 
number of any individual NPDES permit issued by EPA Region 6 for this 
activity.
    Permittees located in lease blocks that (a) are neither in nor 
adjacent to MMS-defined ``no activity'' areas, or (b) do not require 
live-bottom surveys are required only to submit a notice of intent to 
be covered by this general permit. Permittees who are located in lease 
blocks that are either in or adjacent to ``no activity'' areas or 
require live bottom surveys are required to submit both a notice of 
intent to be covered that specifies they are located in such a lease 
block, and in addition are required to submit a notice of commencement 
of operations.
    Permittees located in lease blocks either in or immediately 
adjacent to MMS-defined ``no activity'' areas, shall be responsible for 
determining whether a controlled discharge rate is required. The 
maximum discharge rate for drilling fluids is determined by the 
distance from the facility to the ``no activity'' area boundary and the 
discharge rate equation provided in Appendix A. The permittee shall 
report the distance from the permitted facility to the ``no activity'' 
area boundary and the calculated maximum discharge rate to EPA with its 
notice of commencement of operations.
    For permittees located in lease blocks that require live-bottom 
surveys, the final determination of the presence or absence of live-
bottom communities, the distance of the facility from identified live-
bottom areas, and the calculated maximum discharge rate shall be 
reported with the notice of commencement of operations.
    All notifications of intent to be covered and any subsequent 
reports under this permit shall be sent to the following address: 
Operations Support Office (6WQ-O), Region 6, U.S. Environmental 
Protection Agency, 1445 Ross Ave., Dallas, TX 75202.

Operators who have previously submitted a written notification of 
intent to be covered by this permit need not submit an additional 
notification of intent to be covered.

3. Termination of Operations

    Lease block operators shall notify the Regional Administrator 
within 60 days after the permanent termination of discharges from their 
facilities within the lease block.
4. Intent to be Covered by a Subsequent Permit
    Lease block operators authorized to discharge by this permit shall 
notify the Regional Administrator on or before May 19, 1997, that they 
intend to be covered by a subsequent permit that will authorize 
discharge from these facilities after the termination date of this 
permit (November 18, 1997). The notification shall include the previous 
permit number assigned to the lease block.

Section B. Effluent Limitations and Monitoring Requirements

1. Drilling Fluids
    The discharge of drilling fluids shall be limited and monitored by 
the permittee as specified in Table 2 of Appendix A and as below.

    Special Note: The permit prohibitions and limitations that apply 
to drilling fluids, also apply to fluids that adhere to drill 
cuttings. Any permit condition that may apply to the

[[Page 41614]]

drilling fluid discharges, therefore, also applies to cuttings 
discharges.
    (Exception) The discharge rate limit for drilling fluids does 
not apply to drill cuttings.

    (a) Prohibitions
    Oil-Based Drilling Fluids. The discharge of oil-based drilling 
fluids and inverse emulsion drilling fluids is prohibited.
    Oil Contaminated Drilling Fluids. The discharge of drilling fluids 
which contain waste engine oil, cooling oil, gear oil or any lubricants 
which have been previously used for purposes other than borehole 
lubrication, is prohibited.
    Diesel Oil. Drilling fluids to which any diesel oil has been added 
as a lubricant may not be discharged.
    (b) Limitations
    Mineral Oil. Mineral oil may be used only as a carrier fluid 
(transporter fluid), lubricity additive, or pill.
    Cadmium and Mercury in Barite. There shall be no discharge of 
drilling fluids to which barite has been added, if such barite contains 
mercury in excess of 1.0 mg/kg (dry weight) or cadmium in excess of 3.0 
mg/kg (dry weight). The permittee shall analyze a representative sample 
of all stock barite used once, prior to drilling each well, and submit 
the results for total mercury and cadmium in the Discharge Monitoring 
Report (DMR).
    If more than one well is being drilled at a site, new analyses are 
not required for subsequent wells, provided that no new supplies of 
barite have been received since the previous analysis. In this case, 
the results of the previous analysis should be used on the DMR.
    Alternatively, the permittee may provide certification, as 
documented by the supplier(s), that the barite being used on the well 
will meet the above limits. The concentration of the mercury and 
cadmium in the barite shall be reported on the DMR as documented by the 
supplier.
    Analyses shall be conducted by absorption spectrophotometry (see 40 
CFR Part 136, flame and flameless AAS) and the results expressed in mg/
kg (dry weight).
    Toxicity. Discharged drilling fluids shall meet both a daily 
minimum and a monthly average minimum 96-hour LC50 of at least 30,000 
ppm in a 9:1 seawater to drilling fluid suspended particulate phase 
(SPP) volumetric ratio using Mysidopsis bahia. Monitoring shall be 
performed at least once per month for both a daily minimum and the 
monthly average. In addition, an end-of-well sample is required for a 
daily minimum. The type of sample required is a grab sample, taken from 
beneath the shale shaker. Permittees shall report pass or fail on the 
DMR using either the full toxicity test or the partial toxicity test as 
specified at 58 FR 12512; however, if the partial toxicity test shows a 
failure, all testing of future samples from that well shall be 
conducted using the full toxicity test method to determine the 96-hour 
LC50.
    Free Oil. No free oil shall be discharged. Monitoring shall be 
performed using the static sheen method once per week when discharging. 
The number of days a sheen is observed must be recorded.
    Discharge Rate. All facilities are subject to a maximum discharge 
rate of 1,000 barrels per hour.
    For those facilities subject to the discharge rate limitation 
requirement because of their proximity to areas of biological concern, 
the discharge rate of drilling fluids shall be determined by the 
following equation:

R=10 [3 Log (d/15)+Tt]

Where:

R=discharge rate (bbl/hr)
d=distance (meters) from the boundary of a controlled discharge rate 
area
Tt=toxicity-based discharge rate term [log (LC50 x 8 x 10-
-6)] / 0.3657

    Drilling fluids discharges (based on a mud toxicity of 30,000 
ppm) equal to or less than 544 meters from areas of biological 
concern shall comply with the discharge rate obtained from the 
equation above. Drilling fluids discharges which are shunted to the 
bottom as required by MMS lease stipulation are not subject to this 
discharge rate control requirement.

    All discharged drilling fluids, including those fluids adhering to 
cuttings must meet the limitations of this section except that 
discharge rate limitations do not apply before installation of the 
marine riser.
    (c) Monitoring Requirements
    Drilling Fluids Inventory. The permittee shall maintain a precise 
chemical inventory of all constituents and their total volume or mass 
added downhole for each well.
2. Drill Cuttings
    The discharge of drill cuttings shall be limited and monitored by 
the permittee as specified in Appendix A, Table 2 and as below.
    (a) Prohibitions
    Cuttings from Oil Based Drilling Fluids. The discharge of cuttings 
that are generated while using an oil-based or invert emulsion mud is 
prohibited.
    Cuttings from Oil Contaminated Drilling Fluids. The discharge of 
cuttings that are generated using drilling fluids which contain waste 
engine oil, cooling oil, gear oil or any lubricants which have been 
previously used for purposes other than borehole lubrication, is 
prohibited.
    Cuttings Generated Using Drilling Fluids which Contain Diesel Oil. 
Drill cuttings generated using drilling fluids to which any diesel oil 
has been added as a lubricant may not be discharged.
    Cuttings Generated Using Mineral Oil. The discharge of cuttings 
generated using drilling fluids which contain mineral oil is prohibited 
except when the mineral oil is used as a carrier fluid (transporter 
fluid), lubricity additive, or pill.
    Cadmium and Mercury in Barite. Drill cuttings generated using 
drilling fluids to which barite has been added shall not be discharged 
if such barite contains mercury in excess of 1.0 mg/kg (dry weight) or 
cadmium in excess of 3.0 mg/kg (dry weight).
    Toxicity. Drill cuttings generated using drilling fluids with a 
daily minimum or a monthly average minimum 96-hour LC50 of less than 
30,000 ppm in a 9:1 seawater to drilling fluid suspended particulate 
phase (SPP) volumetric ratio using Mysidopsis bahia shall not be 
discharged.
    (b) Limitations
    Free Oil. No free oil shall be discharged. Monitoring shall be 
performed using the static sheen test method once per week when 
discharging. The number of days a sheen is observed must be recorded.
3. Deck Drainage
(a) Limitations
    Free Oil. No free oil shall be discharged, as determined by the 
visual sheen method on the surface of the receiving water. Monitoring 
shall be performed once per day when discharging, during conditions 
when an observation of a visual sheen on the surface of the receiving 
water is possible in the vicinity of the discharge, and the facility is 
manned. The number of days a sheen is observed must be recorded.
4. Produced Water
(a) Limitations
    Flow Rate. Produced water discharges from all outfalls located 
within 100 meters of each other shall not exceed 25,000 bbl/day. This 
limitation includes any seawater which has been added to the produced 
water waste stream.
    (Exception) The combined flow from vertically separated discharges 
within the same mixing zone may exceed 25,000 bbl/day if the discharge 
ports are sufficiently vertically separated to prevent the discharge 
plumes from colliding. Dispersion modeling to determine sufficient 
separation between discharge ports shall be accomplished

[[Page 41615]]

using CORMIX1 with the input parameters and Brooks Equation as 
described later in this permit. The produced water flow from a single 
discharge point (including any added seawater) shall not exceed 25,000 
bbl/day.
    Oil and Grease. Produced water discharges must meet both a daily 
maximum of 42 mg/l and a monthly average of 29 mg/l for oil and grease. 
The sample type shall be either grab, or a 24-hour composite which 
consists of the arithmetic average of the results of 4 grab samples 
taken over a 24-hour period. If only one sample is taken for any one 
month, it must meet both the daily and monthly limits. Samples shall be 
collected prior to the addition of any seawater to the produced water 
waste stream. The analytical method is that specified at 40 CFR Part 
136.
    Toxicity. The 7-day average minimum and monthly average minimum No 
Observable Effect Concentration (NOEC) must be equal to or greater than 
the critical dilution concentration specified in Table 1 of this 
permit. Critical dilution shall be determined using Table 1 of this 
permit and is based on the discharge rate most recently reported on the 
discharge monitoring report, discharge pipe diameter, and water depth 
between the discharge pipe and the bottom. Facilities which have not 
previously reported produced water flow on the discharge monitoring 
report shall use the most recent monthly average flow for determining 
the critical dilution from Table 1 of this permit. The monthly average 
minimum NOEC value is defined as the arithmetic average of all 7-day 
average NOEC values determined during the month.
    (Exception) Permittees wishing to increase mixing may use a 
horizontal diffuser, add seawater, or may install multiple discharge 
ports.
    Permittees using a horizontal diffuser shall install the diffuser 
designed so that the 7-day average minimum and monthly average minimum 
No Observable Effect Concentration (NOEC) is equal to or greater than 
the critical dilution concentration as calculated by the following 
method.
    The method for running CORMIX2 is as follows:
    1  The horizontal diffuser predicted mixing shall be determined by 
the permittee using the CORMIX2 model and the Brooks equation (defined 
in Step 3, below) with the following input conditions:

Density Gradient=0.15 m
Ambient seawater density at diffuser depth=1017 kg/m3
Produced water density=1070 kg/m3
Current speed=10 cm/sec.

    2  Calculate the near field dilution factor (S) at the end of the 
impingement region, the calculated collapsed plume width (H), and 
downstream distance where the impingement region ends (x) from the 
CORMIX2 model.
    3  Using the input conditions from Step 1 and calculated factors 
from Step 2, above, calculate the far field dilution factor, Ci/C, 
using the Brooks equation:
[GRAPHIC] [TIFF OMITTED] TN09AU96.001

where:

Ci=concentration at end of impingement
C=concentration at edge of 100 m mixing zone
H=collapsed plume width, in meters
A=4/3 power law dispersion parameter = 0.000453 m2/3/sec
u=current speed
x=downstream distance where impingement region ends (from step 1, 
above)
t=travel time from end of impingement to 100 m, = (100m - x)/u and;
erf=the error function
    4  The total dilution at the 100 m mixing zone is defined as the 
product of the near-field dilution factor, S, found in step 2 and the 
far-field dilution factor, Ci/C, calculated is Step 3.
    Permittees shall state the calculated critical dilution 
corresponding to that diffuser on the annual Discharge Monitoring 
Report (DMR) with a certification that the diffuser is installed. The 
CORMIX2 model runs shall be retained by the permittee as part of its 
NPDES records.
    Permittees using vertically aligned multiple discharge ports shall 
provide vertical separation between ports which is consistent with 
Table 1A of this permit. When multiple discharge ports are installed, 
the depth difference between the discharge port closest to the sea 
floor and the sea floor shall be the depth difference used to determine 
the critical dilution from Table 1 of this permit. The critical 
dilution value shall be based on the port flow rate (total flow rate 
divided by the number of discharge ports) and based on the diameter of 
the discharge port (or smallest discharge port if they are of different 
styles).
    When seawater is added to the produced water prior to discharge, 
the total produced water flow, including the added seawater, shall be 
used in determining the critical dilution from Table 1.
(b) Monitoring Requirements
    Flow. Once per month, an estimate of the flow (MGD) must be 
recorded.
    Toxicity. The flow used to determine the frequency of toxicity 
testing shall be the flow most recently reported on the discharge 
monitoring report for the facility. Facilities which have not 
previously reported produced water flow on the discharge monitoring 
report shall use the most recent monthly average flow. The required 
frequency of testing shall be determined as follows:

------------------------------------------------------------------------
           Discharge rate                 Toxicity testing frequency    
------------------------------------------------------------------------
0-499 bbl/day.......................  Once per year                     
500-4,599 bbl/day...................  Once per quarter                  
4,600 bbl/day and above.............  Once per month                    
------------------------------------------------------------------------

    Samples for monitoring produced water toxicity shall be collected 
after addition of any added substances, including seawater that is 
added prior to discharge, and before the flow is split for multiple 
discharge ports. Samples also shall be representative of produced water 
discharges when scale inhibitors, corrosion inhibitors, biocides, 
paraffin inhibitors, well completion fluids, workover fluids, and/or 
well treatment fluids are used in operations.
    If the permittee has been compliant with this toxicity limit for 
one full year (12 consecutive months), the required testing frequency 
shall be reduced to once per year.
    Bioaccumulation. Facilities which discharge more than 4,600 barrels 
of produced water per day shall collect and monitor marine organism 
tissue samples twice per year. The discharge rate used to determine 
participation under these requirements shall be the flow most recently 
reported to EPA Region 6 on the discharge monitoring report. Facilities 
which have not previously reported produced water flow on the discharge 
monitoring report shall use the most recently recorded monthly average 
flow to determine if they are required to conduct bioaccumulation 
monitoring. Marine organism edible tissue shall be monitored for the 
following pollutants: Benzo (a) Pyrene, Fluorene, Bis (2-ethylhexyl) 
Phthalate, Ethylbenzene, Toluene, Benzene, Phenol, Arsenic, Cadmium, 
Mercury, Radium 226, and Radium 228. Three marine species, with five 
adults from each of those species, shall be collected and sampled twice 
annually from the receiving waters. Samples shall be collected within 
100 meters downcurrent, from the point of discharge, at the time of 
discharge of produced water. Organisms taken shall

[[Page 41616]]

include one species of mollusc, one species of crustacea, and one 
species of nektonic fish. Species sampled for edible tissue shall be 
from the following list:

------------------------------------------------------------------------
            Crustacea                   Mollusc          Nektonic Fish  
------------------------------------------------------------------------
Blue Crab.......................  Eastern Oyster....  Atlantic Croaker  
Stone Crab......................  Clam Species......  Snapper Species   
Shrimp Species..................  Mussel Species....  Grouper Species   
------------------------------------------------------------------------

    Sampling shall be conducted once during the summer months (June 
through August) and once during the winter months (December through 
February). Results shall be reported in the DMR for the reporting 
period in which samples are collected and analyzed. Permittees newly 
covered under this permit who discharge in excess of 4,600 bbl/day of 
produced water shall commence bioaccumulation monitoring within two 
years after the discharge exceeds 4,600 bbl/day. Permittees previously 
covered by permit No. GMG290000 who did not participate in the EPA 
Region 6 approved industry wide bioaccumulation study were required to 
commence monitoring within 2 years of November 19, 1992.
    Alternatively, operators required to conduct bioaccumulation 
monitoring under this permit may participate in the EPA Region 6 
approved industry-wide bioaccumulation monitoring study. Monitoring 
conducted under the study shall constitute compliance with the 
bioaccumulation monitoring requirements of Part I.B.4.(b) of this 
permit for those permittees who participate in such a study.
    Radioactivity. Produced water discharges shall be monitored for 
Radium 226 and Radium 228 (See Part I.D.7). The flow used to determine 
the frequency of radiation monitoring shall be the flow most recently 
reported on the discharge monitoring report for the facility. 
Facilities which have not previously reported produced water flow on 
the discharge monitoring report shall use the most recently recorded 
monthly average flow. The required frequency of testing shall be 
determined as follows:

------------------------------------------------------------------------
           Discharge rate                    Monitoring frequency       
------------------------------------------------------------------------
0-499 bbl/day.......................  Once per year.                    
500-4,599 bbl/day...................  Once per quarter.                 
4,600 bbl/day and above.............  Once per month.                   
------------------------------------------------------------------------

    When the permittee has monitored for radioactivity for one full 
year the required testing frequency shall be reduced to once per year.
5. Produced Sand
    There shall be no discharge of produced sand.
6. Well Treatment Fluids, Completion Fluids, and Workover Fluids
(a) Limitations
    Free Oil. No free oil shall be discharged. Monitoring shall be 
performed using the static sheen test method once per day when 
discharging and the facility is manned. The number of days a sheen is 
observed must be recorded.
    Oil and Grease. Well treatment, completion, and workover fluids 
must meet both a daily maximum of 42 mg/l and a monthly average of 29 
mg/l limitation for oil and grease. The sample type may be either grab, 
or a 24-hour composite consisting of the arithmetic average of the 
results of 4 grab samples taken within the 24-hour period. If only one 
sample is taken for any one month, it must meet both the daily and 
monthly limits. The analytical method is that specified at 40 CFR Part 
136.
    Priority Pollutants. For well treatment fluids, completion fluids, 
and workover fluids, the discharge of priority pollutants is prohibited 
except in trace amounts. Information on the specific chemical 
composition of any additives containing priority pollutants shall be 
recorded.

    (Note) If materials added downhole as well treatment, completion, 
or workover fluids contain no priority pollutants, the discharge is 
assumed not to contain priority pollutants except possibly in trace 
amounts.
(b) Monitoring Requirements
    This discharge shall be considered produced water for monitoring 
purposes when commingled with produced water.
7. Sanitary Waste (Facilities Continuously Manned by 10 or More 
Persons)
(a) Prohibitions
    Solids. No floating solids may be discharged. Observations must be 
made once per day, during daylight in the vicinity of sanitary waste 
outfalls, following either the morning or midday meals and at the time 
during maximum estimated discharge.
(b) Limitations
    Residual Chlorine. Total residual chlorine is a surrogate parameter 
for fecal coliform. Discharge of residual chlorine must meet a minimum 
of 1 mg/l and shall be maintained as close to this concentration as 
possible. A grab sample must be taken once per month and the 
concentration recorded (approved method, Hach CN-66-DPD).
    (Exception) Any facility which properly operates and maintains a 
marine sanitation device (MSD) that complies with pollution control 
standards and regulations under section 312 of the Act shall be deemed 
in compliance with permit limitations for sanitary waste. The MSD shall 
be tested yearly for proper operation and the test results maintained 
at the facility.
8. Sanitary Waste (Facilities Continuously Manned by 9 or Fewer Persons 
or Intermittently by Any Number)
(a) Prohibitions
    Solids. No floating solids may be discharged to the receiving 
waters. An observation must be made once per day for floating solids. 
Observation must be made during daylight in the vicinity of sanitary 
waste outfalls following either the morning or midday meal and at a 
time during maximum estimated discharge. The number of days solids are 
observed must be recorded.
    (Exception) Any facility which properly operates and maintains a 
marine sanitation device (MSD) that complies with pollution control 
standards and regulations under section 312 of the Act shall be deemed 
to be in compliance with permit limitations for sanitary waste. The MSD 
shall be tested yearly for proper operation and the test results 
maintained at the facility.
9. Domestic Waste
(a) Prohibitions
    Solids. No floating solids or foam shall be discharged.
(b) Monitoring Requirements
    An observation shall be made once per day during daylight in the 
vicinity of domestic waste outfalls following the morning or midday 
meal and at a time during maximum estimated discharge. The number of 
days solids are observed must be recorded.
10. Miscellaneous Discharges
Desalination Unit Discharge
Diatomaceous Earth Filter Media
Blowout Preventer Fluid
Uncontaminated Ballast Water
Uncontaminated Bilge Water
Mud, Cuttings, and Cement at the Seafloor
Uncontaminated Freshwater
Uncontaminated Seawater

[[Page 41617]]

Boiler Blowdown
Source Water and Sand
Excess Cement Slurry
(a) Limitations
    Free Oil. No free oil shall be discharged. Discharge is limited to 
those times that a visual sheen observation is possible unless the 
operator uses the static sheen method. Monitoring shall be performed 
using the visual sheen method on the surface of the receiving water 
once per week when discharging, or by use of the static sheen method at 
the operator's option. The number of days a sheen is observed must be 
recorded.
    (Exceptions) Uncontaminated seawater, uncontaminated freshwater, 
source water and source sand, uncontaminated bilge water, and 
uncontaminated ballast water may be discharged from platforms that are 
on automatic purge systems without monitoring for free oil when the 
facilities are not manned. Additionally, discharges at the seafloor of: 
muds and cuttings prior to installation of the marine riser, cement, 
and blowout preventer fluid may be discharged without monitoring with 
the static sheen test when conditions make observation of a visual 
sheen on the surface of the receiving water impossible.

Section C. Other Discharge Limitations

1. Floating Solids or Visible Foam
    There shall be no discharge of floating solids or visible foam from 
any source in other than trace amounts.
    (Exception) For new sources, this limitation only applies to 
miscellaneous discharges and domestic waste discharges.
2. Halogenated Phenol Compounds
    There shall be no discharge of halogenated phenol compounds as a 
part of any waste stream authorized in this permit.
3. Dispersants, Surfactants, and Detergents
    The facility operator shall minimize the discharge of dispersants, 
surfactants and detergents except as necessary to comply with the 
safety requirements of the Occupational Safety and Health 
Administration and the Minerals Management Service. This restriction 
applies to tank cleaning and other operations which do not directly 
involve the safety of workers. The restriction is imposed because 
detergents disperse and emulsify oil, thereby increasing toxicity and 
making the detection of a discharge of oil more difficult.
4. Garbage
    The discharge of garbage (See Part II.G.32) is prohibited.
    (Exception) Comminuted food waste (able to pass through a screen 
with a mesh no larger than 25 mm, approx. 1 inch) may be discharged 
when 12 nautical miles or more from land.
5. Area of Biological Concern
    There shall be no discharge in Areas of Biological Concern, 
including marine sanctuaries. The Flower Garden Banks has been 
determined to be a Marine Sanctuary and is within the geographical area 
covered under this permit.
Section D. Other Conditions
1. Samples of Wastes
    If requested, the permittee shall provide EPA with a sample of any 
waste in a manner specified by the Agency.
2. Drilling Fluids Toxicity Test
    The approved test method for permit compliance is identified as: 
Drilling Fluids Toxicity Test 58 FR 12453, Appendix 2.
3. Produced Water Toxicity Testing Requirements (7-day Chronic NOEC 
Marine Limits)
    The approved test methods for permit compliance are identified in 
40 CFR Part 136 and published at 60 FR 53528.
    (a) The permittee shall utilize the Mysidopsis bahia (Mysid shrimp) 
chronic static renewal 7-day survival and growth test using Method 
1007.0.
    (b) The permittee shall utilize the Menidia beryllina (Inland 
Silverside minnow) chronic static renewal 7-day larval survival and 
growth test (Method 1006.0).
    (c) When the testing frequency stated above is less than monthly 
and the effluent fails the survival endpoint at the low-flow effluent 
concentration (critical dilution), the permittee shall be considered in 
violation of this permit limit and the frequency for the affected 
species will increase to monthly until such time compliance with the 
Lethal No Observed Effect Concentration (NOEC) effluent limitation is 
demonstrated for a period of three consecutive months, at which time 
the permittee may return to the testing frequency stated in Part 
I.B.4.b of this permit. During the period the permittee is out of 
compliance, test results shall be reported on the DMR for that 
reporting period.
    (d) This permit may be reopened to require chemical specific 
effluent limits, additional testing, and/or other appropriate actions 
to address toxicity.
    (e) The permittee shall prepare a full report of the results of all 
tests conducted pursuant to this section in accordance with the Report 
Preparation Section of ``Short-Term Methods for Estimating the Chronic 
Toxicity of Effluents and Receiving Waters to Marine and Estuarine 
Organisms'', EPA/600/4-91/003, or the most current publication, for 
every valid or invalid toxicity test initiated whether carried to 
completion or not. The permittee shall retain each full report pursuant 
to the provisions of Part II.C.3 of this permit. The permittee shall 
submit full reports only upon the specific request of the Agency.
    (f) In accordance with Part II.D.4 of this permit, the permittee 
shall report on the DMR for the reporting period the lowest Whole 
Effluent Lethality values determined for either species for the 30-Day 
Average Minimum and 7-Day Minimum under Parameter No. 22414, and the 
permittee shall report the results of the valid toxicity test as 
follows:
    1. Menidia Beryllina (Inland Silverside Minnow).
    (A) If the Inland Silverside minnow No Observed Effect 
Concentration (NOEC) for survival is less than the critical effluent 
dilution, enter a ``1''; otherwise, enter a ``0''. Parameter No. TLP6B 
on the Discharge Monitoring Report.
    (B) Report the Inland Silverside minnow NOEC value for survival, 
Parameter No. TOP6B on the Discharge Monitoring Report.
    (C) Report the Inland Silverside minnow NOEC value for growth, 
Parameter No. TPP6B on the Discharge Monitoring Report.
    (D) Report the % coefficient of variation (larger of critical 
dilution and control), Parameter No. TQP6B on the Discharge Monitoring 
Report.
    2. Mysidopsis Bahia (Mysid Shrimp).
    (A) If the Mysid shrimp NOEC for survival is less than the critical 
effluent dilution, enter a ``1''; otherwise, enter a ``0''. Parameter 
No. TLP3E on the Discharge Monitoring Report.
    (B) Report the Mysid shrimp NOEC value for survival, Parameter No. 
TOP3E on the Discharge Monitoring Report.
    (C) Report the Mysid shrimp NOEC value for growth, Parameter No. 
TPP3E on the Discharge Monitoring Report.
    (D) Report the % coefficient of variation (larger of critical 
dilution and control), Parameter No. TQP3E on the Discharge Monitoring 
Report.
4. Bioaccumulation Testing
    The approved test methods for bioaccumulation testing of edible 
fish tissue are:

[[Page 41618]]

    Organics: Gas Chromatograph/Mass Spectrometric, Method Number 516, 
Standard Methods for Examination of Water and Waste Water, 16th 
Edition.
    Metals: Electrothermal Atomic Absorption Spectrometry, Method 
Number 304, Standard Methods for Examination of Water and Waste Water, 
16th Edition.
5. Visual Sheen Test
    The visual sheen test is used to detect free oil by observing the 
surface of the receiving water for the presence of a sheen while 
discharging. The operator must conduct a visual sheen test only at 
times when a sheen could be observed. This restriction eliminates 
observations when atmospheric or surface conditions prohibit the 
observer from detecting a sheen (e.g., overcast skies, rough seas, 
etc.).
    The observer must be positioned on the rig or platform, relative to 
both the discharge point and current flow at the time of discharge, 
such that the observer can detect a sheen should it surface down 
current from the discharge. For discharges that have been occurring for 
a least 15 minutes previously, observations may be made any time 
thereafter. For discharges of less than 15 minutes duration, 
observations must be made during both discharge and at 5 minutes after 
discharge has ceased.
6. Static Sheen Test
a. Scope and Application
    The static sheen test is to be used as a compliance test for the 
``no free oil'' requirement for discharges of drilling fluids; drill 
cuttings; and well treatment, completion, and workover fluids. For all 
other discharges with a ``no free oil discharge'' requirement except 
deck drainage, the static sheen test is to be used as a compliance test 
when it is not possible for the operator to accomplish a visual sheen 
observation on the surface of the receiving water. This would preclude 
an operator from attempting a visual sheen observation when atmospheric 
or surface conditions prohibit the observer from detecting a sheen 
(e.g., during rough seas, etc.). Free oil refers to any oil contained 
in a waste stream that when discharged will cause a film or sheen upon 
or a discoloration of the surface of the receiving water.
b. Summary of Method
    15 ml samples of drilling fluids; well treatment, completion and 
workover fluids, formation test fluids, or treated wastewater from 
drilling fluid dewatering activities, or 15 gm (wet weight basis) 
samples of drill cuttings or produced sand are introduced into ambient 
seawater in a container having an air to liquid interface area of 1000 
cm2 (155.5 in2). Samples are dispersed within the container 
and observations made no more than one hour later to ascertain if these 
materials cause a sheen, iridescence, gloss, or increased reflectance 
on the surface of the test seawater. The occurrence of any of these 
visual observations will constitute a demonstration that the tested 
material contains ``free oil'', and therefore, results in a prohibition 
on its discharge into receiving waters.
c. Interferences
    Residual ``free oil'' adhering to sampling containers, the magnetic 
stirring bar used to mix drilling Fluids, and the stainless steel 
spatula used to mix drill cuttings will be the principal sources of 
contamination problems. These problems should only occur if improperly 
washed and cleaned equipment are used for the test. The use of 
disposable equipment minimizes the potential for similar contamination 
from pipets and the test container.
d. Apparatus, Materials, and Reagents
    d.1  Apparatus
    d.1.1  Sampling Containers--1 L polyethylene beakers and 1 L glass 
beakers.
    d.1.2  Graduated cylinder--100 ml graduated cylinder required only 
for operations where predilution of mud discharges is required.
    d.1.3  Plastic disposable weighing boats.
    d.1.4  Triple-beam scale
    d.1.5  Disposable pipets--25 ml disposable pipets.
    d.1.6  Magnetic stirrer and stirring bar.
    d.1.7  Stainless steel spatula
    d.1.8  Test container--open plastic container whose internal cross-
section parallel to its opening has an area of 100050 
cm2 (155.57.75 in2), and a depth of at least 13 
cm (5 inches) and no more than 30 cm (11.8 inches).
    d.2  Materials and Reagents
    d.2.1  Plastic liners for the test container--Oil free, heavy duty 
plastic trash can liners that do not inhibit the spreading of an oil 
film. Liners must be of sufficient size to completely cover the 
interior surface of the test container. Permittees must determine an 
appropriate local source of liners that do not inhibit the spreading of 
0.05 ml diesel fuel added to the lined test container under the test 
conditions and protocol described below.
    d.2.2  Ambient receiving water.
e. Calibration
    None currently specified.
f. Quality Control Procedures
    None currently specified.
g. Sample Collection and Handling
    g.1  Sampling containers must be thoroughly washed with detergent, 
rinsed a minimum of three times with fresh water, and allowed to air 
dry before samples are collected.
    g.2  Samples of drilling fluid to be tested shall be taken at the 
shale shaker after cuttings have been removed. The sample volume should 
range between 200 ml and 500 ml.
    g.3  Samples of drill cuttings will be taken from the shale shaker 
screens with a clean spatula or similar instrument and placed in a 
glass beaker. Cuttings samples shall be collected prior to the addition 
of any washdown water and should range between 200 g and 500 g.
    g.4  Samples of well treatment, completion and workover fluids, 
formation test fluids, and treated wastewater from drilling fluid 
dewatering activities must be obtained from the holding facility prior 
to discharge; the sample volume should range between 200 ml and 500 ml.
    g.5  Samples must be tested no later than 1 hour after collection.
    g.6  Drilling fluid samples must be mixed in their sampling 
containers for 5 minutes prior to the test using a magnetic bar 
stirrer. If predilution is imposed as a permit condition, the sample 
must be mixed at the same ratio with the same prediluting water as the 
discharged muds and stirred for 5 minutes.
    g.7  Drill cuttings must be stirred and well mixed by hand in their 
sampling containers prior to testing, using a stainless steel spatula.
h. Procedure
    h.1  Ambient receiving water must be used as the ``receiving 
water'' in the test. The temperature of the test water shall be as 
close as practicable to the ambient conditions in the receiving water, 
not the room temperature of the observation facility. The test 
container must have an air to liquid interface area of 
100050 cm2. The surface of the water should be no more 
than 1.27 cm (\1/2\ inch) below the top of the test container.
    h.2  Plastic liners shall be used, one per test container, and 
discarded afterwards. Some liners may inhibit spreading of added oil; 
operators shall determine an appropriate local source of liners that do 
not inhibit the spreading of the oil film.
    h.3  A 15 ml sample of drilling fluid, well treatment, completion 
and workover fluids, formation test fluids, or treated wastewater from 
drilling fluid

[[Page 41619]]

dewatering activities must be introduced by pipet into the test 
container 1 cm below the water surface. Pipets must be filled and 
discharged with test material prior to the transfer of test material 
and its introduction into test containers. The test water-test material 
mixture must be stirred using the pipet to distribute the test material 
homogeneously throughout the test water. The pipet must be used only 
once for a test and then discarded.
    h.4  Drill cuttings should be weighed on plastic weighing boats; 15 
gram samples must be transferred by scraping test material into the 
test water with a stainless steel spatula. Drill cuttings shall not be 
prediluted prior to testing. Also, drilling fluids and cuttings must be 
tested separately. The weighing boat must be immersed in the test water 
and scraped with the spatula to transfer any residual material to the 
test container. The drill cuttings must be stirred with the spatula to 
an even distribution of solids on the bottom of the test container.
    h.5  Observations must be made no later than 1 hour after the test 
material is transferred to the test container. Viewing points above the 
test container should be made from at least three sides of the test 
container, at viewing angles of approximately 60 deg. and 30 deg. from 
the horizontal. Illumination of the test container must be 
representative of adequate lighting for a working environment to 
conduct routine laboratory procedures. It is recommended that the water 
surface of the test container be observed under a fluorescent light 
source such as a dissecting microscope light. The light source shall be 
positioned above and directed over the entire surface of the pan.
    h.6  Detection of a ``silvery'' or ``metallic'' sheen, gloss, or 
increased reflectivity; visual color; or iridescence; or an oil slick, 
on the water surface of the test container surface shall constitute a 
demonstration of ``free oil''. These visual observations include 
patches, streaks, or sheets of such altered surface characteristics 
shall constitute a demonstration of free oil. If the free oil content 
of the sample approaches or exceeds 10 percent, the water surface of 
the test container may lack color, a sheen or iridescence, due to the 
increased thickness of the film; thus, the observation for an oil slick 
is required. The surface of the test container shall not be disturbed 
in any manner that reduced the size of any sheen or slick that may be 
present.
    If an oil sheen or slick occurs on less than one-half of the 
surface area after drilling muds or cuttings are introduced to the test 
container, observations will continue for up to one hour. If the sheen 
or slick increases in size and covers greater than one-half of the 
surface area of the test container during the observation period, the 
discharge of the material shall cease. If the sheen or slick does not 
increase in size to cover greater than one-half of the test container 
surface area after one hour of observation, discharge may continue and 
additional sampling is not required.
    If a sheen or slick occurs on greater than one-half of the surface 
area of the test container after the test material is introduced, 
discharge of the tested material shall cease. The permittee may retest 
the material causing the sheen or slick. If subsequent tests do not 
result in a sheen or slick covering greater than one-half of the 
surface area of the test container, discharge may continue.
7. Radionuclide test
    The approved test methods for monitoring produced water for 
radionuclides are:

Radium 226: Method Number 7500-Ra C, Standard Methods for the 
Examination of Water and Wastewater, Seventeenth Edition, APHA, AWWA, 
and WPCF.
Radium 228: Method Number 7500-Ra D, Standard Methods for the 
Examination of Water and Wastewater, Seventeenth Edition, APHA, AWWA, 
and WPCF.

PART II. STANDARD CONDITIONS FOR NPDES PERMITS

Section A. General Conditions

1. Introduction
    In accordance with the provisions of 40 CFR Part 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 
regulations.
2. Duty to Comply
    The permittee must comply with all conditions of this permit. Any 
permit noncompliance constitutes a violation of the Act and is grounds 
for enforcement action or for requiring a permittee to apply and obtain 
an individual NPDES permit.
3. Toxic Pollutants
    a. Notwithstanding Part II.A.5, if any toxic effluent standard or 
prohibition (including any schedule of compliance specified in such 
effluent standard or prohibition) is promulgated under section 307(a) 
of the Act for a toxic pollutant which is present in the discharge, and 
that standard or prohibition is more stringent than any limitation on 
the pollutant in this permit, this permit shall be modified or revoked 
and reissued to conform to the toxic effluent standard or prohibition.
    b. The permittee shall comply with effluent standards or 
prohibitions established under section 307(a) of the Act for toxic 
pollutants within the time provided in the regulations that established 
those standards or prohibitions, even if the permit has not yet been 
modified to incorporate the requirement.
4. Duty to Reapply
    If the permittee wishes to continue an activity regulated by this 
permit after the expiration date of this permit, the permittee must 
apply for and obtain a new permit. The application shall be submitted 
at least 180 days before the expiration date of this permit. The 
Director may grant permission to submit an application less than 180 
days in advance but no later than the permit expiration date. 
Continuation of expiring permits shall be governed by regulations 
promulgated at 40 CFR Part 122.6 and any subsequent amendments.
5. Permit Flexibility
    This permit may be modified, revoked and reissued, or terminated 
for cause in accordance with 40 CFR 122.62-64. The filing of a request 
for a permit modification, revocation and reissuance, or termination, 
or a notification of planned changes or anticipated noncompliance, does 
not stay any permit condition.
6. Property Rights
    This permit does not convey any property rights of any sort, or any 
exclusive privilege.
7. Duty to Provide Information
    The permittee shall furnish to the Director, within a reasonable 
time, any information which the Director 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 to the Director, upon request, copies 
of records required to be kept by this permit.
8. 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

[[Page 41620]]

concealment of information required to be reported by the provisions of 
the permit, the Act, or applicable regulations, which avoids or 
effectively defeats the regulatory purpose of the permit may subject 
the permittee to criminal enforcement pursuant to 18 U.S.C. section 
1001.
9. 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 is 
or may be subject under section 311 of the Act.
10. 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 
applicable State Law or regulation under authority preserved by section 
510 of the Act.
11. 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. The permittee is responsible for maintaining adequate 
safeguards to prevent the discharge of untreated or inadequately 
treated wastes during electrical power failure either by means of 
alternate power sources, standby generators or retention of 
inadequately treated effluent.
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
    a. The permittee shall at all times properly operate and maintain 
all facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by permittee as efficiently 
as possible and in a manner which will minimize upsets and discharges 
of excessive pollutants and will achieve compliance with the conditions 
of this permit. Proper operation and maintenance also includes adequate 
laboratory controls and appropriate quality assurance procedures. This 
provision requires the operation of backup or auxiliary facilities or 
similar systems which are installed by a permittee only when the 
operation is necessary to achieve compliance with the conditions of 
this permit.
    b. The permittee shall provide an adequate operating staff which is 
duly qualified to carry out operation, maintenance and testing 
functions required to insure compliance with the conditions of this 
permit.
4. Bypass of Treatment Facilities
    a. Bypass not exceeding limitations. The permittee may allow any 
bypass to occur which does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the provisions 
of Parts II.B.4.b and 4.c.
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.7.
c. Prohibition of Bypass
    (1) Bypass is prohibited, and the Director 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 Director may allow an anticipated bypass after considering 
its adverse effects, if the Director determines that it will meet the 
three conditions listed at Part II.B.4.c(1).
5. Upset Conditions
    a. Effect of an upset. An upset constitutes an affirmative defense 
to an action brought for noncompliance with such technology-based 
permit effluent limitations if the requirements of Part II.B.5.b. 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.
    b. Conditions necessary for a demonstration of upset. A permittee 
who wishes to establish the affirmative defense of upset shall 
demonstrate, through properly signed, contemporaneous operating 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.7; and,
    (4) The permittee complied with any remedial measures required by 
Part II.B.2.
    c. 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, sewage sludges, filter backwash, or other pollutants 
removed in the course of treatment or wastewater control shall be 
disposed of in a manner such as to prevent any pollutant from such 
materials from entering navigable waters. Any substance specifically 
listed within this permit may be discharged in accordance with 
specified conditions, terms, or limitations.

Section C. Monitoring and Records

1. Inspection and Entry
    The permittee shall allow the Director, or an authorized 
representative, upon the presentation of credentials and other 
documents as may be required by the 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

[[Page 41621]]

monitoring and control equipment), practices or operations regulated or 
required under this permit; and
    d. Sample or monitor at reasonable times, for the purpose of 
assuring permit compliance or as otherwise authorized by the Act, any 
substances or parameters at any location.
2. Representative Sampling
    Samples and measurements taken for the purpose of monitoring shall 
be representative of the monitored activity.
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, 
copies of all reports required by this permit, and records of all data 
used to complete the application for this permit, for a period of at 
least 3 years from the date of the sample, measurement, report, or 
application. This period may be extended by request of the Director at 
any time.
    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 operators control and at a specific 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) and time(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
    a. Monitoring must be conducted according to test procedures 
approved under 40 CFR Part 136, unless other test procedures have been 
specified in this permit or approved by the Regional Administrator.
    b. The permittee shall calibrate and perform maintenance procedures 
on all monitoring and analytical instruments at intervals frequent 
enough to insure accuracy of measurements and shall maintain 
appropriate records of such activities.
    c. An adequate analytical quality control program, including the 
analyses of sufficient standards, spikes, and duplicate samples to 
insure the accuracy of all required analytical results shall be 
maintained by the permittee or designated commercial laboratory.
6. Flow Measurements
    Appropriate flow measurement devices and methods consistent with 
accepted scientific practices shall be selected 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 is 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. Planned Changes
    The permittee shall give notice to the Director as soon as possible 
of any planned physical alterations or additions to the permitted 
facility. Notice is required only when:
    (1) The alteration or addition to a permitted facility may meet one 
of the criteria for determining whether a facility is a new source in 
40 CFR Part 122.29(b); or,
    (2) The alteration or addition could significantly change the 
nature or increase the quantity of pollutants discharged. This 
notification applies to pollutants which are subject neither to 
effluent limitations in the permit, nor to notification requirements 
listed at Part II.D.10.a.
2. Anticipated Noncompliance
    The permittee shall give advance notice to the Director of any 
planned changes in the permitted facility or activity which may result 
in noncompliance with permit requirements.
3. Transfers
    This permit is not transferable to any person except after notice 
to the Regional Administrator. The Regional Administrator may require 
modification or revocation and reissuance of the permit to change the 
name of the permittee and to incorporate such requirements as may be 
necessary under the Act.
4. Discharge Monitoring Reports and Other Reports
    The operator of each lease block shall be responsible for 
submitting monitoring results for all facilities within each lease 
block. The monitoring results for the facilities (platform, drilling 
ship, or semisubmersible) within the particular lease block shall be 
summarized on the annual Discharge Monitoring Report for that 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). In addition, the highest monthly average for all 
activity within each lease block shall be reported. The highest daily 
maximum sample taken during the reporting period shall be reported as 
the daily maximum concentration.
    If any category of waste (discharge) is not applicable for all 
facilities within the lease block, due to the type of operations (e.g., 
drilling, production) no reporting is required; however, ``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. 
Operators may list a summary of all lease blocks where there is no 
activity on one DMR. All pages of the DMR must be signed and certified 
as required by Part II.D.11 and returned when due.
5. 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 Discharge Monitoring Report (DMR). Such increased 
monitoring frequency shall also be indicated on the DMR.
6. Averaging of Measurements
    Calculations for all limitations which require averaging of 
measurements shall utilize an arithmetic mean unless otherwise 
specified.
7. Twenty-Four Hour Reporting
    a. The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the permittee becomes aware of the 
circumstances. A written submission shall be provided within 5 days of 
the time the permittee becomes aware of the

[[Page 41622]]

circumstances. The report shall contain the following information:
    (1) A description of the noncompliance and its cause;
    (2) 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,
    (3) Steps being taken to reduce, eliminate, and prevent recurrence 
of the noncomplying discharge.
    b. 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; 
and,
    (3) Violation of a maximum daily discharge limitation for any of 
the pollutants listed by the Director in Part II of the permit to be 
reported within 24 hours.
    c. The Director may waive the written report on a case-by-case 
basis if the oral report has been received within 24 hours.
8. Other Noncompliance
    The permittee shall report all instances of noncompliance not 
reported under Parts II.D.4 and D.7 at the time monitoring reports are 
submitted. The reports shall contain the information listed at Part 
II.D.7.
9. Other Information
    Where the permittee becomes aware that he failed to submit any 
relevant facts in a permit application, or submitted incorrect 
information in a permit application or in any report to the Director, 
he shall promptly submit such facts or information.
10. Changes in Discharges of Toxic Substances
    The permittee shall notify the Director 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, of any toxic 
pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III 
(excluding Total Phenols) which is not limited in the permit, if that 
discharge will exceed the highest of the following ``notification 
levels'':
    (1) One hundred micrograms per liter (100 g/l);
    (2) Two hundred microgram per liter (200 g/l) for acrolein 
and acrylonitrile; five hundred micrograms per liter (500 g/l) 
for 2,4-dinitro-phenol and for 2-methyl-4,6-dinitrophenol; and one 
milligram per liter (1 mg/l) for antimony;
    (3) The level established by the Director.
    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 following ``notification levels'':
    (1) Five hundred micrograms per liter (500 g/l);
    (2) One milligram per liter (1 mg/l) for antimony;
    (3) The level established by the Director.
11. Signatory Requirements
    All applications, reports, or information submitted to the Director 
shall be signed and certified.
    a. All permit applications shall be signed as follows:
    (1) For a corporation--by a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means:
    (a) A president, secretary, treasurer, or vice-president of the 
corporation in charge of a principal business function, or any other 
person who performs similar policy or decision making functions for the 
corporation; or,
    (b) 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.
    (2) For a partnership or sole proprietorship--by a general partner 
or the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency--by 
either a principal executive officer or ranking elected official. For 
purposes of this election, a principal executive officer of a Federal 
agency includes:
    (a) The chief executive officer of the agency, or
    (b) A senior executive officer having responsibility for the 
overall operations of a principal geographic unit of the agency.
    b. All reports required by the permit and other information 
requested by the Director shall be signed by a person described above 
or by a duly authorized representative of that person. A person is 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 a well 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 named individual or an 
individual occupying a named position; and,
    (3) The written authorization is submitted to the Director.
    c. 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 gathering 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.''
12. Availability of Reports
    Except for applications, effluent data, permits, and other data 
specified in 40 CFR 122.7, any information submitted pursuant to this 
permit may be claimed as 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 section 301, 302, 306, 307, 308, 318, or 405 of 
the Act is subject to a fine of not less $2,500 nor more then $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 section 301, 302, 306, 307, 308, 318 or 405 of 
the Act is subject to a fine of not less than $5,000 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 section 301, 302, 303, 306, 307, 308, 318, or 
405 of the Act and

[[Page 41623]]

who knows at that 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, 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 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 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 section 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.
3. Administrative Penalties
    The Act provides that any person who violates a permit conditions 
implementing section 301, 302, 306, 307, 308, 318, or 405 of the Act is 
subject to an administrative penalty, as follows:
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 
violation continues nor shall the maximum amount exceed $125,000.

Section F. Additional General Permit Conditions

1. When the Regional Administrator May Require Application for an 
Individual NPDES Permit
    The Regional Administrator may require any person authorized by 
this permit to apply for and obtain an individual NPDES permit when:
    (a) The discharge(s) is a significant contributor of pollution;
    (b) The discharger is not in compliance with the conditions of this 
permit;
    (c) A change has occurred in the availability of the demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point sources;
    (d) Effluent limitations guidelines are promulgated for point 
sources covered by this permit;
    (e) A Water Quality Management Plan containing requirements 
applicable to such point source is approved;
    (f) The point source(s) covered by this permit no longer:
    (1) Involve the same or substantially similar types of operations;
    (2) Discharge the same types of wastes;
    (3) Require the same effluent limitations or operating conditions;
    (4) Require the same or similar monitoring; and
    (5) In the opinion of the Regional Administrator, are more 
appropriately controlled under an individual permit than under a 
general permit.
    (g) The bioaccumulation monitoring results show concentrations of 
the listed pollutants in excess of levels safe for human consumption.
    The Regional Administrator may require any operator authorized by 
this permit to apply for an individual NPDES permit only if the 
operator has been notified in writing that a permit application is 
required.
2. When an Individual NPDES Permit may be Requested
    (a) Any operator authorized by this permit may request to be 
excluded from the coverage of this general permit by applying for an 
individual permit.
    (b) 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 this individual permit.
    (c) A source excluded from coverage under this general permit 
solely because it already has an individual permit may request that its 
individual permit be revoked, and that it be covered by this general 
permit. Upon revocation of the individual permit, this general permit 
shall apply to the source.
3. Permit Reopener Clause
    If applicable new or revised effluent limitations guidelines or New 
Source Performance Standards covering the Offshore Subcategory of the 
Oil and Gas Extraction Point Source Category (40 CFR 435) are 
promulgated in accordance with sections 301(b), 304(b)(2), and 
307(a)(2), and the new or revised effluent limitations guidelines or 
New Source Performance Standards are more stringent than any effluent 
limitations in this permit or control a pollutant not limited in this 
permit, the permit may, at the Director's discretion, be modified to 
conform to the new or revised effluent limitations guidelines.
    Notwithstanding the above, if an offshore oil and gas extraction 
point source discharge facility is subject to the ten year protection 
period for new source performance standards under the Clean Water Act 
section 306(d), this reopener clause may not be used to modify the 
permit to conform to more stringent new source performance standards or 
technology based standards developed under section 301(b)(2) during the 
ten year period specified in 40 CFR Part 122.29(d).
    The Director may modify this permit upon meeting the conditions set 
forth in this reopener clause.

Section G. Definitions

    All definitions contained in section 502 of the Act shall apply to 
this permit and are incorporated herein by references. Unless otherwise 
specified in this permit, additional definitions of 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. ``Administrator'' means the Administrator of the U.S. 
Environmental Protection Agency.
    3. ``Annual Average'' means the average of all discharges 
sampled and/or measured during a calendar year in which daily 
discharges are sampled and/or measured, divided by the number of 
discharges sampled and/or measured during such year.
    4. ``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 or performance, toxic effluent 
standards and prohibitions, and pretreatment standards.
    5. ``Applicable water quality standards'' means all water 
quality standards to which a discharge is subject under the Act.
    6. ``Areas of Biological Concern'' means a portion of the OCS 
identified by EPA, in consultation with the Department of Interior 
as containing potentially productive or unique biological 
communities or as being potentially sensitive to discharges 
associated with oil and gas activities.
    7. ``Blow-Out Preventer Control Fluid'' means fluid used to 
actuate the hydraulic equipment on the blow-out preventer or subsea 
production wellhead assembly.
    8. ``Boiler Blowdown'' means discharges from boilers necessary 
to minimize solids build-up in the boilers, including vents from 
boilers and other heating systems.
    9. ``Bulk Discharge'' any discharge of a discrete volume or mass 
of effluent from a pit

[[Page 41624]]

tank or similar container that occurs on a one-time, infrequent or 
irregular basis.
    10. ``Bypass'' means the intentional diversion of waste streams 
from any portion of a treatment facility.
    11. ``Completion Fluids'' means salt solutions, weighted brines, 
polymers and various additives used to prevent damage to the well 
bore during operations which prepare the drilled well for 
hydrocarbon production. These fluids move into the formation and 
return to the surface as a slug with the produced water. Drilling 
muds remaining in the wellbore during logging, casing, and cementing 
operations or during temporary abandonment of the well are not 
considered completion fluids and are regulated by drilling fluids 
requirements.
    12. ``Controlled Discharge Rates Areas'' means zones adjacent to 
areas of biological concern.
    13. ``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 limitations expressed in terms of mass, the daily discharge is 
calculated as the total mass of the pollutant discharged over the 
sampling day. For pollutants with limitations expressed in other 
units of measurement, 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.
    14. ``Daily Average'' (also known as monthly 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) measured during that month. When the 
permit establishes daily average concentration effluent limitations 
or conditions, the daily average concentration means the arithmetic 
average (weighted by flow) of all daily discharge(s) of 
concentration determined during the calendar month where C=daily 
concentration, F=daily flow, and n=number of daily samples; daily 
average discharge=
[GRAPHIC] [TIFF OMITTED] TN09AU96.002

    15. ``Daily Maximum'' discharge limitations means the highest 
allowable ``daily discharge'' during the calendar month.
    16. ``Desalinization Unit Discharge'' means wastewater 
associated with the process of creating freshwater from seawater.
    17. ``Deck Drainage'' means any waste resulting from deck 
washings, spillage, rainwater, and runoff from gutters and drains 
including drip pans and work areas within facilities covered under 
this permit.
    18. ``Development Drilling'' means the drilling of wells 
required to efficiently produce a hydrocarbon formation or 
formations.
    19. ``Development Facility'' means any fixed or mobile structure 
that is engaged in the drilling of productive wells.
    20. ``Diatomaceous Earth Filter Media'' means filter media used 
to filter seawater or other authorized completion fluids and 
subsequently washed from the filter.
    21. ``Diesel Oil'' means the grade of distillate fuel oil, as 
specified in the American Society for Testing and Materials Standard 
Specification D975-81, that is typically used as the continuous 
phase in conventional oil-based drilling fluids.
    22. ``Director'' means the U.S. Environmental Protection Agency 
Regional Administrator or an authorized representative.
    23. ``Domestic Waste'' means material discharged from galleys, 
sinks, showers, safety showers, eye wash stations, hand washing 
stations, fish cleaning stations, and laundries.
    24. ``Drill Cuttings'' means particles generated by drilling 
into the subsurface geological formations including cured cement 
carried to the surface with the drilling fluid.
    25. ``Drilling Fluids'' means the circulating fluid (mud) used 
in the rotary drilling of wells to clean and condition the hole and 
to counterbalance formation pressure. A water-based drilling fluid 
is the conventional drilling mud in which water is the continuous 
phase and the suspending medium for solids, whether or not oil is 
present. An oil based drilling fluids has diesel oil, mineral oil, 
or some other oil as its continuous phase with water as the 
dispersed phase.
    26. ``End of well Sample'' means the sample taken after the 
final log run is completed and prior to bulk discharge.
    27. ``Environmental Protection Agency'' (EPA) means the U.S. 
Environmental Protection Agency.
    28. ``Excess Cement Slurry'' means the excess mixed cement, 
including additives and wastes from equipment washdown, after a 
cementing operation.
    29. ``Exploratory Facility'' means any fixed or mobile structure 
that is engaged in the drilling of wells to determine the nature of 
potential hydrocarbon reservoirs.
    30. ``Fecal Coliform Bacteria Sample'' consists of one effluent 
grab portion collected during a 24-hour period at peak loads.
    31. ``Grab sample'' means an individual sample collected in less 
than 15 minutes.
    32. ``Garbage'' means all kinds of food waste, wastes generated 
in living areas on the facility, and operational waste, excluding 
fresh fish and parts thereof, generated during the normal operation 
of the facility and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that 
are defined or listed in other Annexes to MARPOL 73/78
    33. ``Graywater'' means drainage from dishwater, shower, 
laundry, bath, and washbasin drains and does not include drainage 
from toilets, urinals, hospitals, and cargo spaces.
    34. ``Inverse Emulsion Drilling Fluids'' means an oil-based 
drilling fluid which also contains a large amount of water.
    35. ``Live bottom areas'' means those areas which contain 
biological assemblages consisting of such sessile invertebrates as 
seas fans, sea whips, hydroids, anemones, ascideians sponges, 
bryozoans, seagrasses, or corals living upon and attached to 
naturally occurring hard or rocky formations with fishes and other 
fauna.
    36. ``Maintenance waste'' means materials collected while 
maintaining and operating the facility, including, but not limited 
to, soot, machinery deposits, scraped paint, deck sweepings, wiping 
wastes, and rags.
    37. ``Maximum Hourly Rate'' means the greatest number of barrels 
of drilling fluids discharged within one hour, expressed as barrels 
per hour.
    38. ``Muds, Cuttings, and Cement at the Seafloor'' means 
discharges that occur at the seafloor prior to installation of the 
marine riser and during marine riser disconnect, well abandonment 
and plugging operations.
    39. ``National Pollutant Discharge Elimination System'' (NPDES) 
means the national program for issuing, modifying, revoking, and 
reissuing, terminating, monitoring, and enforcing permits, and 
imposing and enforcing pretreatment requirements, under section 307, 
318, 402, and 405 of the Act.
    40. ``New Source'' means any facility or activity that meets the 
definition of ``new source'' under 40 CFR 122.2 and meets the 
criteria for determination of new sources under 40 CFR 122.29(b) 
applied consistently with all of the following definitions:
    (a) The term ``water area'' as used in the term ``site'' in 40 
CFR 122.29 and 122.2 shall mean the water area and ocean floor 
beneath any exploratory, development, or production facility where 
such facility is conducting its exploratory, development, or 
production activities.
    (b) The term ``significant site preparation work'' as used in 40 
CFR 122.29 shall mean the process of surveying, clearing, or 
preparing an area of the ocean floor for the purpose of constructing 
or placing a development or production facility on or over the site.
    41. ``No Activity Zones'' means those areas identified by the 
Minerals Management Service (MMS) where no structures, drilling 
rigs, or pipelines will be allowed. Those zones are identified as 
lease stipulations in U.S. Department of Interior, MMS, August, 
1990, Environmental Impact Statement for Sales 131, 135, and 137, 
Western, Central, and Eastern Gulf of Mexico. Additional no activity 
areas may be identified by MMS during the life of this permit.
    42. ``Operational waste'' means all cargo associated waste, 
maintenance waste, cargo residues, and ashes and clinkers from 
incinerators and coal burning boilers.
    43. ``Packer Fluid'' means low solids fluids between the packer, 
production string and well casing. They are considered to be 
workover fluids.
    44. ``Priority Pollutants'' means those chemicals or elements 
identified by EPA, pursuant to section 307 of the Clean Water Act 
and 40 CFR 401.15.
    45. ``Produced Sand'' means slurried particles used in hydraulic 
fracturing, the accumulated formation sands, and scale particles 
generated during production. Produced sand also includes desander

[[Page 41625]]

discharge from produced water waste stream and blowdown of water 
phase from the produced water treating system.
    46. ``Produced Water'' means the 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 downhole or during the oil/water separation process.
    47. ``Production Facility'' means any fixed or mobile structure 
that is either engaged in well completion or used for active 
recovery of hydrocarbons from producing formations.
    48. ``Sanitary Waste'' means human body waste discharged from 
toilets and urinals.
    49. ``Severe property damage'' means substantial physical damage 
to property, damage to the treatment facilities which cause them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence 
of a bypass. Severe property damage does not mean economic loss 
caused by delays in production.
    50. ``Sheen'' means a silvery or metallic sheen, gloss, or 
increased reflectivity, visual color or iridescence on the water 
surface.
    51. ``Source Water and Sand'' means water from non-hydrocarbon 
bearing formations for the purpose of pressure maintenance or 
secondary recovery including the entrained solids.
    52. ``Spotting'' means the process of adding a lubricant (spot) 
downhole to free stuck pipe.
    53. ``Territorial Seas'' means 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.
    54. ``Trace Amounts'' means that if materials added downhole as 
well treatment, completion, or workover fluids do not contain 
priority pollutants then the discharge is assumed not to contain 
priority pollutants, except possibly in trace amounts.
    55. ``Uncontaminated Ballast/Bilge Water'' means seawater added 
or removed to maintain proper draft.
    56. ``Uncontaminated Freshwater'' means freshwater which is 
discharged without the addition of chemicals; included are (1) 
Discharges of excess freshwater that permit the continuous operation 
of fire control and utility lift pumps, (2) excess freshwater from 
pressure maintenance and secondary recovery projects, (3) water 
released during training and testing of personnel in fire 
protection, and (4) water used to pressure test new piping.
    57. ``Uncontaminated Seawater'' means seawater which is returned 
to the sea without the addition of chemicals. Included are (1) 
Discharges of excess seawater which permit the continuous operation 
of fire control and utility lift pumps (2) excess seawater from 
pressure maintenance and secondary recovery projects (3) water 
released during the training and testing of personnel in fire 
protection (4) seawater used to pressure test piping, and (5) once 
through noncontact cooling water which has not been treated with 
biocides.
    58. ``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.
    59. ``Well Treatment Fluids'' means any fluid used to restore or 
improve productivity by chemically or physically altering 
hydrocarbon-bearing strata after a well has been drilled. These 
fluids move into the formation and return to the surface as a slug 
with the produced water. Stimulation fluids include substances such 
as acids, solvents, and propping agents.
    60. ``Workover Fluids'' means salt solutions, weighted brines, 
polymers, and other specialty additives used in a producing well to 
allow safe repair and maintenance or abandonment procedures. High 
solids drilling fluids used during workover operations are not 
considered workover fluids by definition and therefore must meet 
drilling fluid effluent limitations before discharge may occur. 
Packer fluids, low solids fluids between the packer, production 
string and well casing, are considered to be workover fluids and 
must meet only the effluent requirements imposed on workover fluids.
    61. The term ``MGD'' shall mean million gallons per day.
    62. The term ``mg/l'' shall mean milligrams per liter or parts 
per million (ppm).
    63. The term ``g/l'' shall mean micrograms per liter or 
parts per billion (ppb).

Appendix A

 Table 1 (Sheet 1 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
                                         Pipe and Seafloor 0 to 4 Meters                                        
----------------------------------------------------------------------------------------------------------------
                                                                        Pipe diameter                           
                                           ---------------------------------------------------------------------
         Discharge rate  (bbl/day)          > 0'' to  > 3'' to  > 5'' to  > 7'' to    > 9''    > 11''           
                                               3''       5''       7''       9''     to 11''   to 16''   > 16'' 
----------------------------------------------------------------------------------------------------------------
0 to 500..................................      0.17      0.17      0.17      0.17      0.17      0.17      0.04
501 to 1,000..............................      0.45      0.40      0.40      0.40      0.40      0.40      0.08
1,001 to 2,000............................      1.39      1.08      1.08      1.08      1.08      1.08      0.16
2,001 to 3,000............................      1.66      1.39      1.32      1.32      1.32      1.32      1.32
3,001 to 4,000............................      1.97      1.60      1.45      1.45      1.45      1.45      1.45
4,001 to 5,000............................      1.94      1.77      1.55      1.55      1.55      1.55      1.55
5,001 to 6,000............................      1.90      1.93      1.66      1.63      1.63      1.63      1.63
6,001 to 7,000............................      1.86      2.07      1.78      1.70      1.70      1.70      1.70
7,001 to 8,000............................      1.81      2.20      1.89      1.76      1.76      1.76      1.76
8,001 to 9,000............................      1.77      2.32      1.99      1.81      1.81      1.81      1.81
9,001 to 10,000...........................      1.73      2.43      2.08      1.86      1.86      1.86      1.86
10,001 to 15,000..........................      1.56      2.64      2.49      2.16      2.03      2.03      2.03
15,001 to 20,000..........................      1.43      2.49      2.85      2.47      2.17      2.17      2.17
20,001 to 25,000..........................      1.34      2.39      3.13      2.75      2.42      2.29      2.29
----------------------------------------------------------------------------------------------------------------


 Table 1 (Sheet 2 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
                               Pipe and Seafloor Greater Than 4 Meters to 6 Meters                              
----------------------------------------------------------------------------------------------------------------
                                                                        Pipe diameter                           
                                           ---------------------------------------------------------------------
         Discharge rate  (bbl/day)          > 0'' to  > 3'' to   > 5''to  > 7'' to  > 9'' to   > 11''           
                                               3''       5''       7''       9''      11''     to 16''   > 16'' 
----------------------------------------------------------------------------------------------------------------
0 to 500..................................      0.04      0.04      0.04      0.04      0.04      0.04      0.04
501 to 1,000..............................      0.16      0.15      0.15      0.15      0.15      0.15      0.05
1,001 to 2,000............................      0.42      0.37      0.37      0.37      0.37      0.37      0.10

[[Page 41626]]

                                                                                                                
2,001 to 3,000............................      0.80      0.68      0.65      0.65      0.65      0.65      0.15
3,001 to 4,000............................      1.40      1.15      1.04      1.04      1.04      1.04      0.19
4,001 to 5,000............................      1.05      0.94      0.86      0.86      0.86      0.86      0.86
5,001 to 6,000............................      1.15      1.02      0.93      0.92      0.92      0.92      0.92
6,001 to 7,000............................      1.22      1.10      1.00      0.97      0.97      0.97      0.97
7,001 to 8,000............................      1.21      1.17      1.06      1.01      1.01      1.01      1.01
8,001 to 9,000............................      1.19      1.24      1.12      1.05      1.05      1.05      1.05
9,001 to 10,000...........................      1.17      1.30      1.17      1.09      1.09      1.09      1.09
10,001 to 15,000..........................      1.09      1.56      1.41      1.28      1.23      1.23      1.23
15,001 to 20,000..........................      1.02      1.75      1.59      1.45      1.33      1.33      1.33
20,001 to 25,000..........................      0.96      1.69      1.76      1.59      1.46      1.40      1.40
----------------------------------------------------------------------------------------------------------------



 Table 1 (Sheet 3 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
                               Pipe and Seafloor Greater Than 6 Meters to 8 Meters                              
----------------------------------------------------------------------------------------------------------------
                                                                        Pipe diameter                           
                                           ---------------------------------------------------------------------
         Discharge rate  (bbl/day)          > 0'' to  > 3'' to   > 5''to  > 7'' to  > 9'' to   > 11''           
                                               3''       5''       7''       9''      11''     to 16''   > 16'' 
----------------------------------------------------------------------------------------------------------------
0 to 500..................................      0.04      0.04      0.04      0.04      0.04      0.04      0.04
501 to 1,000..............................      0.07      0.07      0.07      0.07      0.07      0.07      0.07
1,001 to 2,000............................      0.20      0.18      0.18      0.18      0.18      0.18      0.07
2,001 to 3,000............................      0.35      0.32      0.31      0.31      0.31      0.31      0.10
3,001 to 4,000............................      0.56      0.50      0.46      0.46      0.46      0.46      0.13
4,001 to 5,000............................      0.85      0.74      0.67      0.67      0.67      0.67      0.17
5,001 to 6,000............................      1.26      1.08      0.95      0.94      0.94      0.94      0.20
6,001 to 7,000............................      0.78      0.71      0.66      0.65      0.65      0.65      0.65
7,001 to 8,000............................      0.83      0.76      0.70      0.68      0.68      0.68      0.68
8,001 to 9,000............................      0.89      0.80      0.74      0.71      0.71      0.71      0.71
9,001 to 10,000...........................      0.89      0.84      0.78      0.74      0.74      0.74      0.74
10,001 to 15,000..........................      0.84      1.01      0.94      0.87      0.85      0.85      0.85
15,001 to 20,000..........................      0.80      1.15      1.07      0.99      0.93      0.93      0.93
20,001 to 25,000..........................      0.76      1.32      1.18      1.09      1.02      0.99      0.99
----------------------------------------------------------------------------------------------------------------


 Table 1 (Sheet 4 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
                              Pipe and Seafloor Greater Than 8 Meters to 12 Meters                              
----------------------------------------------------------------------------------------------------------------
                                                                        Pipe diameter                           
                                           ---------------------------------------------------------------------
         Discharge rate  (bbl/day)           >0'' to   >3'' to   >5'' to   >7'' to   >9'' to  >11'' to          
                                               3''       5''       7''       9''      11''      16''      >16'' 
----------------------------------------------------------------------------------------------------------------
0 to 500..................................      0.04      0.04      0.04      0.04      0.04      0.04      0.04
501 to 1,000..............................      0.07      0.07      0.07      0.07      0.07      0.07      0.07
1,001 to 2,000............................      0.11      0.10      0.10      0.10      0.10      0.10      0.10
2,001 to 3,000............................      0.14      0.13      0.13      0.13      0.13      0.13      0.13
3,001 to 4,000............................      0.17      0.16      0.16      0.16      0.16      0.16      0.16
4,001 to 5,000............................      0.33      0.31      0.29      0.29      0.29      0.29      0.11
5,001 to 6,000............................      0.45      0.41      0.38      0.38      0.38      0.38      0.13
6,001 to 7,000............................      0.61      0.55      0.50      0.49      0.49      0.49      0.15
7,001 to 8,000............................      0.80      0.72      0.66      0.63      0.63      0.63      0.17
8,001 to 9,000............................      1.06      0.94      0.85      0.80      0.80      0.80      0.19
9,001 to 10,000...........................      0.56      0.52      0.50      0.48      0.48      0.48      0.48
10,001 to 15,000..........................      0.63      0.63      0.60      0.57      0.56      0.56      0.56
15,001 to 20,000..........................      0.61      0.72      0.68      0.65      0.62      0.62      0.62
20,001 to 25,000..........................      0.58      0.80      0.75      0.72      0.68      0.66      0.66
----------------------------------------------------------------------------------------------------------------


[[Page 41627]]



 Table 1 (Sheet 5 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
                              Pipe and Seafloor Greater Than 8 Meters to 12 Meters                              
----------------------------------------------------------------------------------------------------------------
                                                                        Pipe diameter                           
                                           ---------------------------------------------------------------------
         Discharge rate  (bbl/day)           >0'' to   >3'' to   >5'' to   >7'' to   >9'' to  >11'' to          
                                               3''       5''       7''       9''      11''      16''      >16'' 
----------------------------------------------------------------------------------------------------------------
0 to 500..................................      0.04      0.04      0.04      0.04      0.04      0.04      0.04
501 to 1,000..............................      0.07      0.07      0.07      0.07      0.07      0.07      0.07
1,001 to 2,000............................      0.11      0.10      0.10      0.10      0.10      0.10      0.10
2,001 to 3,000............................      0.14      0.13      0.13      0.13      0.13      0.13      0.13
3,001 to 4,000............................      0.17      0.16      0.16      0.16      0.16      0.16      0.16
4,001 to 5,000............................      0.21      0.20      0.19      0.19      0.19      0.19      0.19
5,001 to 6,000............................      0.24      0.23      0.22      0.22      0.22      0.22      0.22
6,001 to 7,000............................      0.28      0.26      0.25      0.25      0.25      0.25      0.25
7,001 to 8,000............................      0.32      0.30      0.29      0.28      0.28      0.28      0.28
8,001 to 9,000............................      0.36      0.34      0.32      0.31      0.31      0.31      0.31
9,001 to 10,000...........................      0.41      0.38      0.36      0.35      0.35      0.35      0.35
10,001 to 15,000..........................      0.28      0.84      0.83      0.81      0.80      0.80      0.80
15,001 to 20,000..........................      0.31      1.01      0.99      0.97      0.67      0.67      0.67
20,001 to 25,000..........................      1.07      1.15      1.13      1.11      1.09      1.08      1.08
----------------------------------------------------------------------------------------------------------------


      Table 1A.--Minimum Vertical Port Separation Distance to Avoid     
                              Interference                              
------------------------------------------------------------------------
                                                               Minimum  
                                                              separation
                  Port flow rate (bbl/day)                     distance 
                                                                 (m)    
------------------------------------------------------------------------
0-500......................................................          3.7
501-1000...................................................          4.5
1001-2000..................................................          5.4
2001-5000..................................................          6.4
5001-7000..................................................          6.6
7001-10000.................................................          6.6
------------------------------------------------------------------------


                                        Table 2.--Effluent Limitations, Prohibitions and Monitoring Requirements                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Monitoring requirement                      
                                          Regulated and       Discharge limitation/ --------------------------------------------------------------------
             Discharge                monitored discharged         Prohibition            Measurement                                                   
                                            parameter                                      frequency         Sample type/ Method     Recorded value(s)  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Fluid.....................  Free Oil..............  No free oil...........  Once week \1\........  Static sheen.........  Number of days sheen 
                                                                                                                                    observed.           
                                     Toxicity \2\ 96-hr      30,000 ppm daily        Once/month...........  Grab.................  96-hr LC50.          
                                      LC50.                   minimum.                                                                                  
                                                                                     Once/end of well \3\.  Grab.................  96-hr LC50.          
                                                             30,000 ppm monthly      Once/month...........  Grab.................  96-hr LC50.          
                                                              average minimum.                                                                          
                                     Discharge Rate........  1,000 barrels/hour      Once/hour \1\........  Estimate.............  Max. hourly rate.    
                                     Discharge Rate for       (see Figure 1).        Once/hour \1\........  Measure..............  Max. hourly rate.    
                                      controlled discharge                                                                                              
                                      rate areas \4\                                                                                                    
                                     Mercury and cadmium...  No discharge of         Once prior to          Absorption...........  mg mercury/kg barite.
                                                              drilling fluids to      drilling each well    Spectro-photometry...  mg cadmium/kg barite.
                                                              which barite has been   \6\                                                               
                                                              added, if such barite                                                                     
                                                              contains mercury in                                                                       
                                                              excess of 1.0 mg/kg                                                                       
                                                              or cadmium in excess                                                                      
                                                              of 3.0 mg/kg (dry                                                                         
                                                              weight).                                                                                  
                                     Oil Based or Inverse    No discharge                                                                               
                                      Emulsion Drilling                                                                                                 
                                      Fluids.                                                                                                           
                                     Oil Contaminated        No discharge                                                                               
                                      Drilling Fluids.                                                                                                  
                                     Diesel Oil............  No discharge of                                                                            
                                                              drilling fluids to                                                                        
                                                              which diesel oil has                                                                      
                                                              been added                                                                                
                                     Mineral Oil...........  Mineral oil may be                                                                         
                                                              used only as a                                                                            
                                                              carrier fluid                                                                             
                                                              (transporter fluid),                                                                      
                                                              lubricity additive,                                                                       
                                                              or pill                                                                                   
Drilling Cuttings..................  Free oil..............  No free oil...........  Once/week \1\........  Static sheen.........  Number of days sheen 
                                                                                                                                    observed.           
                                     Toxicity \2\ 96-hr      30,000 ppm daily        Once/month...........  Grab.................  96-hr LC50.          
                                      LC50.                   minimum.                                                                                  
                                                                                     Once/end of well \3\.  Grab.................  96-hr LC50.          
                                                             30,000 ppm monthly      Once/month...........  Grab.................  96-hr LC50.          
                                                              average minimum.                                                                          
Drill Cuttings (Continued).........  Mercury and cadmium...  No discharge of         Once prior to          Absorption...........  mg mercury/kg barite.
                                                              cuttings generated      drilling each well    Spectro-photometry...  mg cadmium/kg barite.
                                                              using drilling fluids   \6\                                                               
                                                              to which barite has                                                                       
                                                              been added, if such                                                                       
                                                              barite contains                                                                           
                                                              mercury in excess of                                                                      
                                                              1.0 mg/kg or cadmium                                                                      
                                                              in excess of 3.0 mg/                                                                      
                                                              kg (dry weight).                                                                          

[[Page 41628]]

                                                                                                                                                        
                                     Cuttings generated      No discharge                                                                               
                                      using Oil Based or                                                                                                
                                      Inverse Emulsion                                                                                                  
                                      Drilling Fluids.                                                                                                  
                                     Cuttings generated      No discharge                                                                               
                                      using Oil                                                                                                         
                                      Contaminated Drilling                                                                                             
                                      Fluids.                                                                                                           
                                     Cuttings generated      No discharge                                                                               
                                      using drilling fluids                                                                                             
                                      to which Diesel Oil                                                                                               
                                      has been added.                                                                                                   
                                     Cuttings generated      Mineral oil may be                                                                         
                                      using drilling fluids   used only as a                                                                            
                                      to which Mineral Oil    carrier fluid                                                                             
                                      has been added.         (transporter fluid),                                                                      
                                                              lubricity additive,                                                                       
                                                              or pill                                                                                   
Deck Drainage......................  Free Oil..............  No free oil...........  Once/day \7\.........  Visual sheen.........  Number of days sheen 
                                                                                                                                    observed.           
Produced Water.....................  Oil and grease........  42 mg/l daily max., 29  Once/month...........  Grab \8\.............  Daily max., monthly  
                                                              mg/l monthly average.                                                 average.            
                                     Toxicity..............  7-day average min.      Rate Dependent \16\..  Grab.................  Lowest NOEC for      
                                                              NOEC \9\ and monthly                                                  either of the two   
                                                              average min. NOEC \9\                                                 species.            
                                     Radium 226 and 228....  Monitor...............  Rate Dependent \16\..  Grab.................  pCi/liter.           
                                     Bioaccumulation \17\                                                                                               
                                     Flow (MGD)............  25,000 bbl/day \18\...  Once/month...........  Estimate.............  Monthly Average.     
Produced Sand......................  No Discharge                                                                                                       
Well treatment fluids, completion    Free oil..............  No free oil...........  Once/day \1\.........  Static sheen.........  Number of days sheen 
 fluids, and workover fluids                                                                                                        observed.           
 (includes packer fluids) \10\.                                                                                                                         
                                     Oil & Grease..........  42 mg/l daily max.,     Once/month...........  Grab \8\.............  Daily max., monthly  
                                                             29 mg/l monthly avg                                                    average.            
Sanitary waste \12\ continuously     Residual chlorine \13\  1 mg/l (minimum)......  Once/month...........  Grab.................  Concentration        
 manned by 10 or more persons.       Solids................  No Floating Solids....  Once/day.............  Observation..........  Number of days solids
                                                                                                                                    observed.           
Sanitary waste \12\ continuously     Solids................  No floating solids....  Once/day.............  Observation..........  Number of days solids
 manned by 9 or fewer persons or                                                                                                    observed.           
 intermittently by any number.                                                                                                                          
Domestic waste \14\................  Solids................  No floating solids or   Once/day.............  Observation \15\.....  Number of days       
                                                              foam.                                                                 observed.           
Miscellaneous discharges:            Free oil..............  No free oil...........  Once/week \11\.......  Visual sheen.........  Number of days sheen 
 Desalinization unit discharge;                                                                                                     observed.           
 blowout preventer fluid;                                                                                                                               
 uncontaminated ballast water;                                                                                                                          
 uncontaminated bilge water;                                                                                                                            
 uncontaminated freshwater; mud,                                                                                                                        
 cuttings and cement at seafloor;                                                                                                                       
 uncontaminated seawater; boiler                                                                                                                        
 blowdown; source water and sand;                                                                                                                       
 diatomaceous earth filter media;                                                                                                                       
 excess cement slurry.                                                                                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When discharging.                                                                                                                                   
\2\ Suspended particulate phase (SPP) with Mysidopsis bahia following approved test method. The sample shall be taken beneath the shale shaker; or if   
  there are no returns across the shaker then the sample must be taken from a location that is characteristic of the overall mud system to be           
  discharged.                                                                                                                                           
\3\ Sample shall be taken after the final log run is completed and prior to bulk discharge.                                                             
\4\ See Appendix A, Discharge Rate Graph.                                                                                                               
\5\ This information shall be recorded but not reported unless otherwise requested by EPA.                                                              
\6\ Analyses shall be conducted on each new stock of barite used.                                                                                       
\7\ When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface of the     
  receiving water is possible in the vicinity of the discharge.                                                                                         
\8\ May be based on the arithmetic average of four grab sample results in the 24 hr. period.                                                            
\9\ See Table 1, Appendix A.                                                                                                                            
\10\ No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported   
  unless requested by EPA.                                                                                                                              
\11\ When discharging for muds, cuttings, and cement at the seafloor and blowout preventer fluid. All other miscellaneous discharges: when discharging, 
  discharge is authorized only during times when visual sheen observation is possible, unless the static sheen method is used. Uncontaminated seawater  
  uncontaminated freshwater, source water and source sand, uncontaminated bilge water, and uncontaminated ballast water from platforms on automatic     
  purge systems may be discharged without monitoring from platforms which are not manned.                                                               
\12\ Any facility which properly operates and maintains a marine sanitation device (MSD) that complies with pollution control standards and regulations 
  under section 312 of the Act shall be deemed to be in compliance with permit limitations for sanitary waste. The MSD shall be tested yearly for proper
  operation, and test results maintained at the facility.                                                                                               
\13\ Hach method CN-66 DPD approved. Minimum of 1 mg/l and maintained as close to this concentration as possible.                                       
\14\ The discharge of food waste is prohibited within 12 nautical miles from nearest land. Comminuted food waste able to pass through a 25 mm mesh      
  screen (approximately 1 inch) may be discharged more than 12 nautical miles from nearest land.                                                        
\15\ Monitoring shall be accomplished during daylight by visual observation of the surface of the receiving water in the vicinity of sanitary and       
  domestic waste outfalls. Observations shall be made following either the morning or midday meals at a time of maximum estimated discharge.            
\16\ Once/year for discharges from 0 bbl/day to 499 bbl/day, once/quarter for discharges from 500 bbl/day to 4,599 bbl/day, and once/month for          
  discharges of 4,600 bbl/day and greater.                                                                                                              
\17\ See Part I.B.4.(b) of this Permit.                                                                                                                 
\18\ Unless vertically separated in accordance with CORMIX1 modeling.                                                                                   


[FR Doc. 96-20243 Filed 8-8-96; 8:45 am]
BILLING CODE 6560-50-P