[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Notices]
[Pages 39478-39480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14829]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7780-2]


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: The Regional Administrator of 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 existing and 
new dischargers and New Sources in the Offshore Subcategory of the Oil 
and Gas Extraction Point Source Category as authorized by section 402 
of the Clean Water Act. The permit, previously reissued on April 19, 
1999, published in the Federal Register at 64 FR 19156, 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 off Louisiana and 
Texas. Discharges of produced water to Federal waters from facilities 
located in the territorial seas are also authorized when all conditions 
of the permit are met. The following changes to the expiring permit are 
proposed to be made as a part of the permit reissuance: The time frame 
is specified for collection of a produced water sample after a sheen is 
observed. The discharge prohibitions at National Marine Sanctuaries are 
clarified in an attempt to better reflect National Oceanic and 
Atmospheric Administration regulations. The variability factor for use 
in determining compliance with the permit's limits for sediment 
toxicity and biodegradation is removed. The requirement to submit 
fourteen day advanced notification of intent to be covered by the 
permit is removed. The final discharge monitoring report will be 
required to be submitted along with the a notice of termination. New 
test methods are allowed for monitoring cadmium and mercury in stock 
barite. Several minor miscellaneous discharges are added to better 
represent deep water technologies. Other changes to the permit's 
miscellaneous discharge requirements are proposed to clarify that 
toxicity testing is not required for non-toxic dyes. Other minor 
changes in wording are also proposed to resolve confusion of EPA's 
intent regarding the permit's requirements. EPA is proposing that the 
permit be reissued for three years. During the three year permit term, 
EPA and Minerals Management Service (MMS) propose to conduct a study to 
collect additional information to support the evaluation of potential 
produced water discharge impacts in the hypoxic zone in the northern 
Gulf of Mexico. Our intent is to ensure that we have the information 
necessary to determine whether or not anticipated future increases in 
produced water discharges may result in unreasonable degradation of the 
marine environment. EPA and Minerals Management Service (MMS) will work 
in partnership to determine the appropriate next steps based on this 
study.

DATES: Comments must be received by July 30, 2004.

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].

FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Region 6, U.S. 
Environmental Protection Agency (6WQ-CA), 1445 Ross Avenue, Dallas, 
Texas 75202-2733. Telephone: (214) 665-2145.
    A copy of the proposed permit and the fact sheet more fully 
explaining the proposal may be obtained from Ms. Smith. 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. Smith 24 hours advance notice. Additionally, a copy 
of the proposed permit and fact sheet, and this Federal Register Notice 
may be obtained on the Internet at: http://www.epa.gov/earth1r6/6wq/6wq.htm.

Administrative Compliance Order (ACO) for NPDES OCS Permit Transition 
for Dischargers in the Western Portion of the Gulf of Mexico

    Persons who own or operate offshore platforms in Federal waters of 
the Western Portion of the Gulf of Mexico (defined as seaward of the 
outer boundary of the territorial seas off Louisiana and Texas) and 
have unauthorized discharges of pollutants to waters of the U.S. may 
not obtain new permit coverage under the 1998 National Pollutant 
Discharge Elimination System (NPDES) Outer Continental Shelf (OCS) 
general permit (NPDES No. GMG290000) since it expired on November 3, 
2003. However, these persons may request coverage

[[Page 39479]]

under a Clean Water Act ACO that orders them to comply with the 1998 
general permit until issuance of the replacement permit. The ACO, its 
fact sheet (which includes other options), and the application form for 
coverage under the ACO are available on the Internet at http://www.epa.gov/region6/6en/w/offshore/1998-permit-ao-extension-jun-2004.htm.
    If you do not have access the Internet, you may contact EPA Region 
6's Enforcement Offshore Coordinator, Mr. Taylor Sharpe, by telephone 
at (214) 665-7112, or by mail at: EPA Region 6, Attn: Mr. Taylor Sharpe 
(6EN-WT), P.O. Box 50625, Dallas, TX 75250.

SUPPLEMENTARY INFORMATION:
    Regulated entities. EPA intends to use the proposed reissued 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. Smith at the telephone 
number or address listed above.
    The 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.

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.
    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 Part 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). EPA Region 6 has previously 
determined that discharges in compliance with the Western Gulf of 
Mexico Outer Continental Shelf general permit (GMG290000) will not 
cause unreasonable degradation of the marine environment. Since this 
proposed permit contains limitations which will protect water quality 
and in general reduce the discharge of toxic pollutants to the marine 
environment, the Region finds that discharges proposed to be authorized 
by the reissued general permit will not cause unreasonable degradation 
of the marine environment. EPA and Minerals Management Service (MMS) 
propose to conduct a study to collect additional information to support 
the evaluation of the potential BOD contribution from produced water 
discharges in the hypoxic zone in the northern Gulf of Mexico. Our 
intent is to ensure that we have the information necessary to determine 
whether or not anticipated future increases in produced water 
discharges may result in unreasonable degradation of the marine 
environment.
    Coastal Zone Management Act. EPA has determined that the activities 
which are proposed to be authorized by this permit reissuance 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 the 
Marine Sanctuaries Program, implemented by the National Oceanographic 
and Atmospheric Administration (NOAA), which requires NOAA to designate 
certain 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, NOAA 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. Changes to the permit proposed today will authorize 
several historic discharges incidental to oil and gas production from a 
facility which predates designation of the Flower Garden Banks National 
Marine Sanctuary as a marine sanctuary. EPA has worked extensively with 
NOAA to ensure that the changes are consistent with regulations 
governing the National Marine Sanctuary. NOAA's concurrence with the 
changes will be obtained prior to issuance of the final permit.
    State Water Quality Standards and State Certification. The permit 
does not authorize discharges to State Waters; therefore, the state 
water quality certification provisions of CWA section 401 do not apply 
to this proposed action.
    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 reissuance will not significantly change the 
reporting and application requirements which are required under 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 and will not be affected by this 
action.

[[Page 39480]]

    However, the alternative to obtaining authorization to discharge 
under this general permit is to obtain an individual permit. The 
application and reporting burden of obtaining authorization to 
discharge under the general permit is expected to be significantly less 
than that under an individual permit.
    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 
reissuance proposed 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), 2 U.S.C. 1501, et seq, 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 reissuance 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. The Agency is preparing an 
Environmental Assessment that will be made available to the public 
before the Agency takes final action.

    Dated: June 23, 2004.
Larry Wright,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 04-14829 Filed 6-29-04; 8:45 am]
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