[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Notices]
[Pages 2238-2240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-939]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5949-7]


Proposed Reissuance of the NPDES General Permit for the Western 
Portion of the Outer Continental Shelf of the Gulf of Mexico; 
(GMG290000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES general permit reissuance.

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SUMMARY: EPA Region 6 today proposes to reissue the National Pollutant 
Discharge Elimination System (NPDES) general permit for the Western 
Portion of the Outer Continental Shelf of the Gulf of Mexico (No. 
GMG290000) for discharges from new sources, existing sources, and new 
dischargers in the Offshore Subcategory of the Oil and Gas Extraction 
Point Source Category (40 CFR part 435, subpart A). The existing permit 
published in the Federal Register at 61 FR 41609 on August 9, 1996 
authorized discharges from exploration, development, and production 
facilities located in and discharging to Federal waters of the Gulf of 
Mexico seaward of the outer boundary of the territorial seas off 
Louisiana and Texas. The discharge of produced water to that portion of 
the Outer Continental Shelf from Offshore Subcategory facilities 
located in the territorial seas off Louisiana and Texas was also 
authorized by that permit. As proposed, the permit will be reissued 
with few changes.

ADDRESSES: Comments should be sent to: Regional Administrator, Region 
6, U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, 
Texas 75202-2733
    Comments may also be submitted via EMAIL to the following address: 
[email protected]

DATES: Comments must be received by March 16, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, Region 6, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 665-7516.
    A complete draft permit and/or a fact sheet more fully explaining 
the proposal may be obtained from Ms. Turner. In addition, the Agency's 
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. Additionally, a 
copy of the proposed permit, fact sheet, and this Federal Register 
Notice may be obtained on the Internet at: http://www.epa.gov/earth1r6/
6wq/6wq.htm

SUPPLEMENTARY INFORMATION:

Regulated Entities

    EPA intends to use the proposed permit to regulate oil and gas 
extraction facilities located in the Outer Continental Shelf of the 
Western Gulf of Mexico, e.g., offshore oil and gas extraction 
platforms, but other types of facilities may also be subject to the 
permit. To determine whether your (facility, company, business, 
organization, etc.) may be affected by today's action, you should 
carefully examine the applicability criteria in part I, section A.1 of 
the draft permit. Questions on the permit's application to specific 
facilities may also be directed to Ms. Turner at the telephone number 
or address listed above.
    The expiring permit contains limitations conforming to EPA's Oil 
and Gas extraction, Offshore Subcategory Effluent Limitations 
Guidelines at 40 CFR part 435 and additional requirements assuring that 
regulated discharges will cause no unreasonable degradation of the 
marine environment, as required by section 403(c) of the Clean Water 
Act. Specific information on the derivation of those limitations and 
conditions is contained in the fact sheet. With the changes described 
below, EPA Region 6 proposes to retain those limitations and conditions 
in the reissued permit. It is, however, proposing minor wording changes 
to some of those requirements to enhance their clarity.
    Region 6 proposes to authorize new discharges of seawater and 
freshwater to which treatment chemicals have been added, subject to 
limitations on free oil, concentration of treatment chemicals, and 
acute toxicity. These new permit limitations will apply technology 
based limitations to miscellaneous discharges to which treatment 
chemicals such as biocides and corrosion inhibitors have been added. 
They will also ensure that

[[Page 2239]]

those discharges meet Ocean Discharge Criteria under section 403(c) of 
the Clean Water Act. Additionally, the maximum discharge rate 
limitation for produced water is proposed to be removed from the 
permit. To account for this change the produced water critical dilution 
tables have been expanded in the proposed permit, thus ensuring the 
discharges will be compliant with Ocean Discharge Criteria.

Other Legal Requirements

Oil Spill Requirements

    Section 311 of the CWA, ``the Act'', prohibits the discharge of oil 
and hazardous materials in harmful quantities. Discharges that are in 
compliance with NPDES permits are excluded from the provisions of 
section 311. However, the permit does not preclude the institution of 
legal action or relieve permittees from any responsibilities, 
liabilities, or penalties for other, unauthorized discharges of oil and 
hazardous materials which are covered by section 311 of the Act.

Endangered Species Act

    As explained at 58 FR 53203 (October 14, 1993), EPA found that 
issuance of the New Source General Permit would not adversely affect 
any listed threatened or endangered species or designated critical 
habitat and requested written concurrence on that determination from 
the National Marine Fisheries Service (NMFS). On November 4, 1993, NMFS 
provided such concurrence. 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.
    The Region now finds that adoption of the proposed reissued permit 
is unlikely to adversely affect any threatened or endangered species or 
its critical habitat. Discharges proposed to be authorized by the 
reissued permit are not significantly different than those authorized 
by the expired permit, for which the National Marine Fisheries Service 
concurred with EPA's determination that issuance of the permit would 
not adversely affect any listed threatened or endangered species. 
Additionally, as required by EPA's ocean discharge criteria at 40 CFR 
125, subpart M, the effluent limitations of the proposed permit are 
protective of sensitive marine organisms. EPA is again seeking written 
concurrence from the National Marine Fisheries Service (NMFS) on this 
determination.

Ocean Discharge Criteria Evaluation

    For discharges into waters of the territorial sea, contiguous zone, 
or oceans CWA section 403 requires EPA to consider guidelines for 
determining potential degradation of the marine environment in issuance 
of NPDES permits. These Ocean Discharge Criteria (40 CFR 125, subpart 
M) are intended to ``prevent unreasonable degradation of the marine 
environment and to authorize imposition of effluent limitations, 
including a prohibition of discharge, if necessary, to ensure this 
goal'' (45 FR 65942, October 3, 1980). At 58 FR 41476, 58 FR 63964, and 
61 FR 41609 EPA Region 6 determined that discharges in compliance with 
the Western Gulf of Mexico Outer Continental Shelf general permit 
(GMG290000) would not cause unreasonable degradation of the marine 
environment. Since this proposed reissued permit is nearly identical to 
the previous permit, the Region again finds that issuance of the 
proposed general permit will not cause unreasonable degradation of the 
marine environment.

Coastal Zone Management Act

    The proposed permit is generally as stringent as the previous 
general permit for New and Existing Sources in the Oil and Gas 
Extraction Category for the Western Portion of the Outer Continental 
Shelf of the Gulf of Mexico (GMG290000) which has been determined to be 
consistent with Louisiana's Coastal Zone Management Plan (CZMP). Since 
it covers the same operations and as proposed is nearly identical to 
the previous permit, EPA has determined that the activities which are 
proposed to be authorized by this permit are consistent with the local 
and state Coastal Zone Management Plans. The proposed permit and 
consistency determination will be submitted to the State of Louisiana 
and the State of Texas for interagency review at the time of public 
notice.

Marine Protection, Research, and Sanctuaries Act

    The Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972 
regulates the dumping of all types of materials into ocean waters and 
establishes a permit program for ocean dumping. In addition the MPRSA 
establishes Marine Sanctuaries Program, implemented by the National 
Oceanographic and Atmospheric Administration (NOAA), which requires 
NOAA to designate ocean waters as marine sanctuaries for the purpose of 
preserving or restoring their conservation, recreational, ecological or 
aesthetic values. 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 Standards and State Certification

    Because state waters are not included in the area covered by this 
NPDES general permit, no state waters are affected by the discharges it 
authorizes. Thus, the state water quality certification provisions of 
CWA section 401 do not apply to the proposed permit.

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 guidelines on which a number of the 
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 the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., in 
submission made for the NPDES permit program and assigned OMB control 
numbers 2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).
    Since this permit is very similar in reporting and application 
requirements and in discharges which are required to be monitored as 
the previous Western Gulf of Mexico Outer Continental Shelf (OCS) 
general permit (GMG290000) the paperwork burdens are expected to be 
nearly identical. When it issued the previous OCS general permit, EPA 
estimated it would take an affected facility three hours to prepare the 
request for coverage and 38 hours per year to prepare discharge 
monitoring reports. It is estimated that the time required to prepare 
the request for coverage and discharge monitoring reports for the 
reissued permit will be the same.

[[Page 2240]]

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. As 
indicated below, the permit issued today is not a ``rule'' subject to 
the Regulatory Flexibility Act . EPA prepared a regulatory flexibility 
analysis, however, on the promulgation of the Offshore Subcategory 
guidelines on which many of the permit's effluent limitations are 
based. That analysis shows that issuance of this permit will not have a 
significant impact on a substantial number of small entities.

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 has determined that the proposed permit would not contain a 
Federal requirement that may 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 permit 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 permit, as proposed, 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. Additionally, EPA does not expect 
small governments to operate facilities authorized to discharge by this 
permit.

National Environmental Policy Act

    When it was proposed, EPA determined that issuance of the now 
expired 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, 
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 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 Final SEIS was completed in December 1994 and 
the Record of Decision was prepared and dated September 28, 1995.
    Reissuance of the NPDES general permit for New and Existing Sources 
in the Western Portion of the Outer Continental Shelf of the Gulf of 
Mexico will not result in any new impacts which were not subjected to 
NEPA analysis in either Mineral Management Service's EIS or the SEIS 
produced by EPA Region 6. All discharges proposed to be authorized by 
the reissued permit were addressed in that NEPA Review. Thus EPA does 
not propose to prepare a supplemental environmental impact statement 
for this action.
William B. Hathaway,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 98-939 Filed 1-13-98; 8:45 am]
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