[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30377-30378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10456]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8319-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing notice of availability of the final National Pollutant 
Discharge Elimination System (NPDES) general permit authorizing 
discharges from exploration, development, and production platforms and 
related facilities in Cook Inlet, Alaska, pursuant to the provisions of 
the Clean Water Act, 33 U.S.C. 1251 et seq. The general permit contains 
conditions and limitations that conform to the Offshore and Coastal 
Subcategories of the Oil and Gas Extraction Point Source Effluent

[[Page 30378]]

Limitations Guidelines, set forth at 40 CFR Part 435, subparts A and D, 
as well as additional requirements that ensure that the 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). New facilities 
seeking permit coverage must submit a Notice of Intent (NOI) at least 
30 days prior to discharge.
    The general permit expands the existing coverage area to include 
the Minerals Management Service Lease Sales Nos. 191 and 199, and the 
State waters adjoining those lease areas. The general permit also 
authorizes discharges from oil and gas exploration, development and 
production facilities, however, new development and production 
facilities are not authorized to discharge produced water, drilling 
fluids, or drill cuttings. A fact sheet has also been prepared which 
sets forth the principle factual, legal, policy, and scientific 
information considered in the development of the general permit.

DATES: The NPDES general permit shall become effective on July 2, 2007.
    Public Comment: On April 1, 2004, the previous NPDES general permit 
expired. Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 
1342, EPA proposed to reissue the general permit and solicited comments 
on the draft general permit in the Federal Register on March 1, 2006. 
Notice of the draft general permit was also published in the Anchorage 
Daily News, the Homer Tribune, and the Peninsula Clarion. There was an 
initial 60 day public comment period which EPA extended for an 
additional 30 days. Thus, the entire public comment period extended 90 
days. Public hearings were held in Anchorage, Homer, and Kenai/
Soldotna. The comment period ended on May 31, 2006.
    Changes have been made from the draft permit to the final permit in 
response to comments received from Tribal representatives, 
environmental advocacy groups, industry representatives, government 
agencies, trade organizations, and individual citizens. All comments, 
along with EPA's responses, are summarized in the Response to Comment 
document and comment database.

ADDRESSES: Copies of the general permit, the Response to Comment 
document and comment database are available upon request. Written 
requests may be submitted to EPA Region 10, 1200 Sixth Avenue OWW-130, 
Seattle, WA 98101. Electronic requests may be e-mailed to: 
[email protected] or [email protected].

FOR FURTHER INFORMATION CONTACT: The general permit, Fact Sheet, 
Response to Comment document and comment database may be found on the 
Region 10 Web site at: http://www.epa.gov/r10earth/waterpermits.htm 
(under General Permits, Oil and Gas). Telephone requests for copies may 
be made to Audrey Washington at (206) 553-0523 or to Hanh Shaw at (206) 
553-0171.

Other Legal Requirements

State Water Quality Standards and State Certification

    Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on 
May 18, 2007, the Alaska Department of Environmental Conservation 
(ADEC) certified that the conditions of the general permit comply with 
the Alaska State Water Quality Standards (Alaska Administrative Code 18 
AAC 15, 18 AAC 70, and 18 AAC 72), including the State's 
antidegradation policy.

State of Alaska Coastal Zone Management Act

    On May 31, 2006, the Department of Natural Resources, Office of 
Project Management and Permitting agreed with EPA's consistency 
determination under the Alaska Coastal Zone Management Act.

Endangered Species Act

    EPA has determined that the issuance of the general permit is not 
likely to adversely affect any threatened or endangered species, 
designated critical habitat, or essential fish habitat. The National 
Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service 
(USFWS) concurred with EPA's determination.

Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to Office of Management and Budget (OMB) review.

Paperwork Reduction Act

    The information collection requirements of this general permit were 
previously approved by the OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. However, general 
NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 
553(b), and is therefore not subject to the RFA.

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'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state, and local governments and the 
private sector. However, the general permit issued today is not a 
``rule'' subject to the RFA, and is therefore not subject to the UMRA.

Appeal of Permit

    Any interested person may appeal the general permit in the Federal 
Court of Appeals in accordance with section 509(b)(1) of the Clean 
Water Act, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 
days of the permit effective date. Persons affected by the permit may 
not challenge the conditions of the permit in further EPA proceedings 
(see 40 CFR 124.19). Instead, they may either challenge the permit in 
court or apply for an individual NPDES permit.

    Signed this 21st day of May, 2007.
Michael F. Gearheard,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. E7-10456 Filed 5-30-07; 8:45 am]
BILLING CODE 6560-50-P