[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Notices]
[Pages 65209-65210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31176]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7119-5]


Notice of Final NPDES General Permit; Final NPDES General Permit 
for New and Existing Sources and New Dischargers 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: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA Region 6 today issues a modification of 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 
modified permit will become effective February 19, 2002. The existing 
permit published in the Federal Register, at 64 FR 19156 on April 19, 
1999, authorizes 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 offshore of Louisiana and Texas. Today's action adds the 
authorization to discharge of drill cuttings generated using synthetic 
and other non-aqueous based drilling fluids and hydrostatic test water 
form pressure testing of existing pipelines.
    A copy of the Region's responses to comments and the final permit 
may be obtained from the EPA Region 6 internet site: http://www.epa.gov/earth1r6/6wq/6wq.htm.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202, Telephone: (214) 665 7191, or via 
EMAIL to the following address: [email protected].

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 Offshore 
of Louisiana and Texas.

------------------------------------------------------------------------
                                                Examples of regulated
                 Category                             entities
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Industry..................................  Offshore Oil and Gas
                                             Extraction Platforms.
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    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 general permit. 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. 
1342, EPA proposed and solicited comments on NPDES general permit 
GMG290000 at 63 FR 2238 (January 14, 1998). Notice of this proposed 
permit modification was also published in the New Orleans Times 
Picayune and the Lafayette Daily Advisor on June 9, 2001. The comment 
period closed on August 6, 2001.
    Region 6 received comments from the Offshore Operators Committee, 
M-I LLC, Baroid Drilling Fluids, Petro-Canada, and B.P. Chemicals.
    EPA Region 6 has considered all comments received. In response to 
those comments, protocol were included in the final permit for the new 
test methods for sediment toxicity and biodegradation. A statistical 
tool was also included in the final permit to account for variability 
in those new test methods. Several clarifications were also made in the 
permit's language.
    The permit modification includes limits and monitoring requirements 
for six new parameters. Monitoring for those parameters and 
implementation of

[[Page 65210]]

the required test methods have not previously been required for 
offshore oil and gas discharges. Industry is therefore expected to need 
some time to get the necessary equipment in place and train personnel 
prior to beginning the monitoring. The effective date of the permit is 
being delayed by thirty days to accommodate those needs.
    EPA also expects that many operators will not be able to comply 
with several of the permit's new limits on the effective date. 
Operators may be unable to get new equipment in place to meet the new 
limits for retention of drilling fluid on drill cuttings. There may be 
an insufficient stock of synthetic base fluids which comply with the 
new limits. Also, time will be needed to complete the 275 day 
biodegradation test and to develop sufficient laboratory capacity and 
stocks of organisms to conduct the sediment toxicity test. For those 
reasons administrative compliance orders are being issued requiring 
those discharges not in compliance with the new limitations to comply 
within six months.
    The industry has requested an additional delay in the compliance 
requirements for the 4-day sediment toxicity limit until February 1, 
2003. There are several complicating factors that will initially make 
compliance with the limit more difficult than with the stock base fluid 
sediment toxicity limit. Since the 4-day sediment toxicity test is used 
to measure toxicity of discharged drilling fluids, not just stock base 
fluids, components and additives to the drilling fluids will initially 
make compliance with the limits more difficult. The four day test has 
been shown to have more inherent variability than the ten day test. 
Also, demand on laboratories conducting the four day test will be much 
greater than for the ten day test; thus, there is more of a need to 
build laboratory capacity and develop an adequate supply of test 
organisms. The administrative compliance order will therefore require 
operators to comply with the 4-day sediment toxicity limit by February 
1, 2003.

Sam Becker,
Acting Director, Water Quality Protection Division, Region 6.
[FR Doc. 01-31176 Filed 12-17-01; 8:45 am]
BILLING CODE 6560-50-P