[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Notices]
[Pages 64376-64378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31913]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5932-4]


Notice of Proposed NPDES General Permits for Discharges From 
Hydrostatic Testing of New and Existing Natural Gas Pipelines in Texas 
(TXG670000), Oklahoma (OKG670000) and New Mexico (NMG670000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft NPDES general permits.

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SUMMARY: EPA Region 6 is proposing to issue general NPDES permits 
authorizing discharges resulting from the hydrostatic testing of new 
and existing natural gas pipelines in Texas, Oklahoma and New Mexico. 
These permits cover discharges resulting from the hydrostatic testing, 
as required by Department of Transportation regulations 49 CFR Part 
192, Subpart J, or equivalent State rules, of new as well as existing 
pipelines for natural gas. As proposed, the permits have the following 
requirements for hydrostatic test water discharges from new natural gas 
pipelines: Limits on oil and grease, total suspended solids and pH, and 
a limit of no acute toxicity if the hydrostatic test fill water is 
obtained from a source other than the receiving water to which the 
hydrostatic test water is discharged. For hydrostatic test water 
discharges from existing natural gas pipelines, the permits have the 
same limits as for new pipelines (limits on oil and grease, total 
suspended solids, pH and, in some cases, no acute toxicity) as well as 
a limit on benzene.

DATES: Comments on these proposed permits must be submitted by February 
3, 1998.

ADDRESSES: Comments on these proposed permits should be sent to the 
Regional Administrator, EPA Region 6,

[[Page 64377]]

1445 Ross Avenue, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7516. Copies 
of the complete fact sheet and proposed permits may be obtained from 
Ms. Turner. The fact sheet and proposed permits can also be found on 
the Internet at http://www.epa.gov/earth1r6/6wq/6wq.htm. 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. Turner 24 hours advanced notice.

SUPPLEMENTARY INFORMATION:

    Regulated categories and entities include:

------------------------------------------------------------------------
                Category                 Examples of regulated  entities
------------------------------------------------------------------------
Industry...............................  Operators of facilities        
                                          discharging waste waters      
                                          resulting from the hydrostatic
                                          testing of new and existing   
                                          natural gas pipelines.        
------------------------------------------------------------------------

    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 these permits. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Section 301(a) of the Clean Water Act (CWA or the Act), 33 U.S.C. 
1311(a), makes it unlawful to discharge pollutants to waters of the 
United States in the absence of authorizing permits. CWA section 402, 
33 U.S.C. 1342, authorizes EPA to issue National Discharge Elimination 
System (NPDES) permits allowing discharges on condition they will meet 
certain requirements, including CWA sections 301, 304, and 401 (33 
U.S.C. 1331, 1314 and 1341).
    Those statutory provisions require that NPDES permits include 
effluent limitations requiring that authorized discharges: (1) Meet 
standards reflecting levels of technological capability, (2) comply 
with EPA-approved state water quality standards and (3) comply with 
other state requirements adopted under authority retained by states 
under CWA 510, 33 U.S.C. 1370.
    Two types of technology-based effluent limitations must be included 
in the permits proposed here. With regard to conventional pollutants, 
i.e., pH, BOD, oil and grease, TSS and fecal coliform, CWA section 301 
(b)(1)(E) requires effluent limitations based on ``best conventional 
pollution control technology'' (BCT). With regard to nonconventional 
and toxic pollutants, CWA section 301(b)(2) (A), (C), and (D) require 
effluent limitations based on ``best available pollution control 
technology economically achievable'' (BAT), a standard which generally 
represents the best performing existing technology in an industrial 
category or subcategory. BAT and BCT effluent limitations may never be 
less stringent than corresponding effluent limitations based on best 
practicable control technology (BPT), a standard applicable to similar 
discharges prior to March 31, 1989 under CWA 301(b)(1)(A).
    National guidelines establishing BPT, BCT and BAT standards have 
not been promulgated for discharges from the hydrostatic testing of 
pipelines. The BCT and BAT requirements for these discharges have, 
therefore, been established using best professional judgement, as 
required by CWA section 402(a)(1). The following limits are proposed:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
            Texas (TXG670000)                      Daily maximum        
------------------------------------------------------------------------
Benzene \1\..............................  50 g/l              
Oil and Grease...........................  15 mg/l                      
Total Suspended Solids, pH 6.0-9.0 Std.    90 mg/l                      
 Units.                                                                 
------------------------------------------------------------------------
           Oklahoma (OKG670000)                    Daily maximum        
------------------------------------------------------------------------
Benzene \1\..............................  50 g/l              
Oil and Grease...........................  15 mg/l                      
Total Suspended Solids, pH 6.5-9.0 Std.    45 mg/l                      
 Units.                                                                 
------------------------------------------------------------------------
          New Mexico (NMG67000)                    Daily maximum        
------------------------------------------------------------------------
Benzene \1\..............................  50 g/l              
Oil and Grease...........................  15 mg/l                      
Total Suspended Solids, pH 6.0-9.0 Std.    90 mg/l                      
 Units.                                                                 
------------------------------------------------------------------------
\1\ Benzene limit applies to discharges from existing natural gas       
  pipelines.                                                            

    Requirements applicable for TXG670000, OKG670000 and NMG670000:
    There shall be No Acute Toxicity as determined by requiring greater 
than 50% survival in 100% effluent using a 24 hour acute test. Sampling 
for the toxicity test shall be made on the fill water prior to being 
used in the hydrostatic test. This toxicity limit applies only to fill 
water taken from a source different from the receiving water to which 
it is discharged. This toxicity limit does not, however, apply to fill 
water whose source is a municipal drinking water supply.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the Act, EPA may not issue an NPDES 
permit until the State in which the discharge will originate grants or 
waives certification to ensure compliance with appropriate requirements 
of the Act and State law. Section 301(b)(1)(C) of the Act requires that 
NPDES permits contain conditions that ensure compliance with applicable 
state water quality standards or limitations. The proposed permits 
contain limitations intended to ensure compliance with state water 
quality standards and has been determined by EPA Region 6 to be 
consistent with the applicable state's water quality standards and the 
corresponding implementation plans. The Region has solicited 
certification from the Railroad Commission of Texas for TXG670000, the 
Oklahoma Corporation Commission for OKG670000 and the New Mexico 
Environment Department for NMG670000.

B. Endangered Species Act

    The proposed limits are sufficiently stringent to assure state 
water quality standards, both for aquatic life protection and human 
health protection, will be met. The effluent limitations established in 
these permits ensure protection of aquatic life and maintenance of the 
receiving water as an aquatic habitat. The Region finds that adoption 
of the proposed permits is unlikely to adversely affect any threatened 
or endangered species or its critical habitat. EPA is seeking written 
concurrence from the United States Fish and Wildlife Service and 
National Marine Fisheries Service on this determination.

C. Historic Preservation Act

    Facilities which adversely affect properties listed or eligible for 
listing in the National Register of Historical Places are not 
authorized to discharge under this permit.

D. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this action 
from the review requirements of Executive Order 12866.

[[Page 64378]]

E. Paperwork Reduction Act

    The information collection required by this permit has been 
approved by OMB under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., in submission made for the NPDES permit program 
and assigned OMB control numbers 2040-0086 (NPDES permit application) 
and 2040-0004 (discharge monitoring reports).

F. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' on State, local, and tribal governments 
and the private sector. UMRA uses the term ``regulatory actions'' to 
refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall 
* * * assess the effects of Federal regulatory actions * * * (other 
than to the extent that such regulations incorporate requirements 
specifically set forth in law)'' (emphasis added)). UMRA section 102 
defines ``regulation'' by reference to section 658 of Title 2 of the 
U.S. Code, which in turn defines ``regulation'' and ``rule'' by 
reference to section 601(2) of the Regulatory Flexibility Act (RFA). 
That section of the RFA defines ``rule'' as ``any rule for which the 
agency publishes a notice of proposed rulemaking pursuant to section 
553(b) of [the Administrative Procedure Act (APA)], or any other law * 
* *''
    NPDES general permits are not ``rules'' under the APA and thus not 
subject to the APA requirement to publish a notice of proposed 
rulemaking. NPDES general permits are also not subject to such a 
requirement under the CWA. While EPA publishes a notice to solicit 
public comment on draft general permits, it does so pursuant to the CWA 
section 402(a) requirement to provide ``an opportunity for a hearing.'' 
Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
    EPA thinks it is unlikely that this proposed permit issuance would 
contain a Federal requirement that might result in expenditures of $100 
million or more for State, local and tribal governments, in the 
aggregate, or the private sector in any one year.
    The Agency also believes that the proposed permit issuance would 
not significantly nor uniquely affect small governments. For UMRA 
purposes, ``small governments'' is defined by reference to the 
definition of ``small governmental jurisdiction'' under the RFA. (See 
UMRA section 102(1), referencing 2 U.S.C. 658, which references section 
601(5) of the RFA.) ``Small governmental jurisdiction'' means 
governments of cities, counties, towns, etc., with a population of less 
than 50,000, unless the agency establishes an alternative definition.
    The proposed permit issuance also would not uniquely affect small 
governments because compliance with the proposed permit conditions 
affects small governments in the same manner as any other entities 
seeking coverage under the permit.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that 
EPA prepare a regulatory flexibility analysis for regulations that have 
a significant impact on a substantial number of small entities. 
Compliance with the permit requirements will not result in a 
significant impact on dischargers, including small businesses, covered 
by these permits. EPA Region 6 therefore concludes that the permits 
proposed today will not have a significant impact on a substantial 
number of small entities.

    Dated: November 25, 1997.
Oscar Ramirez, Jr.,
Deputy Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 97-31913 Filed 12-4-97; 8:45 am]
BILLING CODE 6560-50-U