[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Pages 10032-10034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2800]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8037-6]


Proposed Reissuance of the NPDES General Permit for Oil and Gas 
Exploration, Development and Production Facilities Located in State and 
Federal Waters in Cook Inlet (AKG-31-5000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES General Permit Reissuance.

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SUMMARY: The Regional Administrator of Region 10 today proposes to 
reissue the National Pollutant Discharge Elimination System (NPDES) 
General Permit for Oil and Gas Exploration, Development and Production 
Facilities in State and Federal Waters in Cook Inlet (No. AKG-31-5000). 
As proposed, the permit would authorize discharges from exploration, 
development, and production platforms and related facilities that are 
included in the Coastal and Offshore Subcategory of the Oil and Gas 
Extraction Point Source Category as authorized by section 402 of the 
Clean Water Act (CWA or Act), 33 U.S.C. 1342.

DATES: Comments must be received by May 1, 2006.

ADDRESSES: Comments should be sent to: Director, Office of Water and 
Watersheds, U.S. EPA, Region 10, 1200 Sixth Avenue, M/S OWW-130, 
Seattle, Washington 98101.
    Comments may also be submitted via e-mail to the following address: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Hanh Shaw, U.S. EPA, Region 10, 
1200 Sixth Avenue, M/S OWW-130, Seattle, Washington 98101. Telephone: 
(206) 553-0171. A copy of the Proposed Permit, the fact sheet that 
fully explains the proposal, and a copy of EPA's Environmental 
Assessment (EA) and preliminary Finding of No Significant Impacts 
(FONSI), prepared pursuant to the National Environmental Policy Act 
(NEPA), may be obtained from Ms. Shaw. EPA's current administrative 
record on the proposal is available for examination at U.S. EPA, 1200 
Sixth Avenue, Seattle, WA 98101. Additionally, a copy of the proposed 
permit, fact sheet, EA, preliminary FONSI, and this Federal Register 
Notice may be obtained on the Internet at: http://www.epa.gov/r10earth.
    The documents are also available from the EPA Alaska Operations 
Office, Room 537, Federal Building, 222 West 7th Avenue, Anchorage, 
Alaska 99513. Please contact Ms. Dianne Soderlund at (907) 271-3425 for 
assistance.

SUPPLEMENTARY INFORMATION: The existing permit, NPDES Permit No. AKG-
28-5000 (Existing Permit), was previously reissued on April 1, 1999 and 
expired on April 1, 2004 (64 FR 19156). The Existing Permit will remain 
in effect until a new permit is reissued for those discharges which 
were covered at the time of expiration. The Existing Permit authorizes 
discharges from oil and gas exploration, development, and production 
facilities located in and discharging to state and Federal waters in 
Cook Inlet north of a line extending between Cape Douglas (at 
58[deg]51' latitude, 153[deg]15' longitude) on the west and Port 
Chatham (at 59[deg]13' latitude, 151[deg]47' longitude) on the east. 
EPA proposes to replace the Existing Permit with the proposed reissued 
permit (Proposed Permit), renumbered as AKG-31-5000.
    The following changes are proposed to be made as a part of the 
permit reissuance:
    1. EPA proposes to expand the existing coverage area to include the 
recent Minerals Management Service Lease Sales Nos. 191 and 199 and the 
State waters adjoining those lease areas.
    2. EPA proposes to authorize discharges from oil and gas 
exploration facilities located within the expanded coverage area, 
including discharges associated with the use of synthetic-based 
drilling fluids.
    3. EPA proposes to authorize discharges from new oil and gas 
development and production facilities located within the expanded 
coverage area, including sanitary waste water, domestic waste water, 
deck drainage, and miscellaneous discharges such as cooling water and 
boiler blowdown. These new development and production facilities, 
however, would not be authorized to discharge produced water, drilling 
fluids, or drill cuttings under the Proposed Permit.
    4. EPA proposes to add new whole effluent toxicity and technology-
based limits for discharges that contain treatment chemicals, such as 
biocides and corrosion inhibitors. These discharges include, but are 
not limited to, water flood waste water, cooling water, boiler 
blowdown, and desalination unit waste water.
    5. EPA proposes to add a new water quality-based effluent limit for 
total residual chlorine.
    6. EPA proposes to change the monitoring requirements found in the 
Existing Permit. The proposed changes would result in increased 
monitoring for facilities that violate the effluent limits, and reduced 
monitoring for facilities that demonstrate a good compliance record.
    7. EPA proposes to expand the Existing Permit's baseline study to 
include all new facilities.
    8. EPA proposes to include a new study that will involve collecting 
ambient data to determine the effect of large volume produced water 
discharges on Cook Inlet.
    9. EPA proposes to expand the permit's discharge prohibition near 
protected areas, coastal marshes, and deltas.
    10. EPA proposes to change the permit number from AKG-28-5000 to 
AKG-31-5000.
    Regulated entities. The Proposed Permit regulates discharges from 
oil and gas extraction facilities located in Cook Inlet (e.g., coastal 
and offshore oil and gas extraction platforms and certain shore-based 
facilities); however, other types of facilities may also be subject to 
the conditions and limitations set forth in the Proposed 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 of the Proposed Permit. Questions on 
the permit's application to specific facilities may also be directed to 
Ms. Shaw at the telephone number or address listed above.
    The permit contains conditions and limitations that conform to the 
Offshore and Coastal Subcategories of the Oil and Gas Extraction Point 
Source Effluent Limitations Guidelines set forth in 40

[[Page 10033]]

CFR part 435, subparts A and D, as well as additional requirements that 
ensure that regulated discharges will not cause unreasonable 
degradation of the marine environment, as required by section 403(c) of 
the Clean Water Act (i.e., the Ocean Discharge Criteria), 33 U.S.C. 
1343(c). Specific information on the derivation of those limitations 
and conditions is contained in the fact sheet.

Other Legal Requirements

    National Environmental Policy Act. Because the proposed permit will 
cover new sources (development and production facilities) in Cook 
Inlet, the permit is subject to the National Environmental Policy Act 
(NEPA). Based on the EA and consideration of the proposed NPDES permit 
conditions, and in accordance with the guidelines for determining the 
significance of proposed federal actions (40 CFR 1508.27) and EPA 
criteria for initiating an Environmental Impact Statement (EIS) (40 CFR 
6.605), EPA has concluded that the proposed NPDES permit will not 
result in significant effect on the human environment. The proposed 
permit will not significantly affect land use patterns or population, 
wetlands or flood plains, threatened or endangered species, farmlands, 
ecologically critical areas, historic resources, air quality, water 
quality, noise levels, and fish and wildlife resources. It will also 
not conflict with approved local, regional, or state land use plans or 
policies. The proposed permit also conforms with all applicable Federal 
statutes and executive orders. As a result of these findings, EPA has 
determined that an EIS will not be prepared.
    Oil Spill Requirements. Section 311 of the Act, 33 U.S.C. 1321, 
prohibits the discharge of oil and hazardous materials in harmful 
quantities. Routine discharges specifically controlled by the Proposed 
Permit are excluded from the provisions of CWA Section 311, 33 U.S.C. 
1321. However, the Proposed 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.
    Endangered Species Act. Section 7 of the Endangered Species Act 
requires Federal agencies to consult with NOAA Fisheries and the U.S. 
Fish and Wildlife Service (USFWS) if their actions have the potential 
to either beneficially or adversely affect any threatened or endangered 
species.
    EPA has determined that the Proposed Permit is not likely to 
adversely affect any threatened or endangered species. During the NEPA 
process, EPA has initiated consultation with NOAA Fisheries and USFWS 
in order to meet its obligations under the Endangered Species Act. A 
Biological Evaluation (BE) was submitted to NOAA Fisheries and USFWS 
for review on January 23, 2006. The fact sheet and the Proposed Permit 
will be also submitted to NOAA Fisheries and USFWS for review during 
the public comment period. EPA will obtain concurrence with its 
determination from NOAA Fisheries and USFWS prior to issuing the final 
permit.
    Essential Fish Habitat (``EFH''). The Magnuson-Stevens Fishery 
Conservation and Management Act requires EPA to consult with NOAA 
Fisheries when a proposed discharge has the potential to adversely 
affect an EFH. EPA is consulting with NOAA Fisheries to ensure that the 
discharges authorized by the Proposed Permit are not likely to 
adversely affect an EFH or associated species. An EFH assessment was 
sent on January 23, 2006 to NOAA Fisheries for review. EPA will also 
submit the fact sheet and the Proposed Permit to NOAA Fisheries for 
review during the public comment period.
    Coastal Zone Management Act (``CZMA''). Pursuant to 40 CFR 
122.49(d), requirements of the State coastal zone management program 
must be satisfied before the permit is issued. EPA has determined that 
the activities authorized by the Proposed Permit are consistent with 
the Coastal Zone Management Plan. EPA will seek concurrence with this 
determination from the Alaska Department of Natural Resources (ADNR) 
prior to issuing the final Proposed Permit.
    Maritime Protection, Research, and Sanctuaries Act (``MPRSA''). No 
marine sanctuaries, as designated by the MPRSA, exist in the vicinity 
of the Proposed Permit coverage area. However, since state waters are 
involved in the Proposed Permit coverage area, the provisions of 
section 401 of the Act, 33 U.S.C. 1341, apply. In accordance with 40 
CFR 124.10(c)(1), public notice of the Proposed Permit has been 
provided to the State agencies that have jurisdiction over fish, 
shellfish, and wildlife resources.
    Annex V of MARPOL (73/78 and 33 CFR 155.73). Under Annex V of 
MARPOL, the U.S. Coast Guard (USCG) has issued interim final 
regulations under 33 CFR 151.73 to control the disposal of garbage and 
domestic wastes from fixed or floating platforms. These regulations 
include those platforms involved in the exploration, development, and 
production exploitation of oil and gas resources, such as oil drilling 
rigs and production platforms. These regulations also apply to all oil 
platforms when these platforms are located in navigable waters of the 
U.S. or within the 200 mile Exclusive Economic Zone. The Proposed 
Permit prohibits the discharge of garbage (as defined at 33 CFR part 
151) within 12 miles of the nearest land. The term garbage, as it is 
applied here, includes operational and maintenance wastes. Beyond 12 
miles, the discharge of food wastes that are ground so as to pass 
through a 25 millimeter mesh screen, incinerator ash, and non-plastic 
clinkers will be permitted.
    State Certification. Section 401 of the Act, 33 U.S.C. 1341, 
requires EPA to seek a certification from the State that the conditions 
of the Proposed Permit are stringent enough to comply with State water 
quality standards. EPA obtained a draft certification from the Alaska 
Department of Environmental Conservation on November 2, 2005, which was 
revised on February 17, 2006. EPA intends to seek a final certification 
from the State of Alaska prior to issuing the final permit. When the 
State issues certification, the State may impose more stringent 
conditions than are currently included in the Proposed Permit to ensure 
compliance with State water quality standards.
    Executive Order 12291. The Office of Management and Budget (OMB) 
exempts this action from the review requirements of Executive Order 
12291 pursuant to section 8(b) of that Order. Guidance on Executive 
Order 12866 contains the same exemptions on OMB review as existed under 
Executive Order 12291. EPA, however, has prepared a regulatory impact 
analysis in connection with its promulgation of guidelines on which a 
number of the Proposed Permit's provisions are based and has submitted 
it to OMB for review (see 58 FR 12494).
    Paperwork Reduction Act. EPA has reviewed the requirements imposed 
on regulated facilities in the proposed general permit under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. OMB has already 
approved most of the Proposed Permit's information collection 
requirements in submissions made for the NPDES permit program under the 
provisions of the CWA. This information has been assigned OMB control 
number: No. 2040-0086 for NPDES permit applications and No. 2040-0004 
for the discharge monitoring report form.
    Regulatory Flexibility Act. After review of the facts presented in 
the notice of intent printed above, EPA certifies, pursuant to the 
provisions of 5

[[Page 10034]]

U.S.C. 605(b), that this Proposed Permit will not have a significant 
impact on a substantial number of small entities. This certification is 
based on the fact that the regulated parties have greater than 500 
employees and are not classified as small businesses under the Small 
Business Administration regulations established at 49 FR 5023 et seq. 
(February 9, 1984). These facilities are classified as Major Group 13-
Oil and Gas Extraction SIC 1311 Crude Petroleum and Natural Gas.

    Dated: February 17, 2006.
Paula vanHaagen,
Acting Director, Office of Water and Watersheds.
 [FR Doc. E6-2800 Filed 2-27-06; 8:45 am]
BILLING CODE 6560-50-P