[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62497-62498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25075]



[[Page 62497]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8731-6]


Draft Modification to the NPDES General Permit for Oil and Gas 
Exploration, Development and Production Facilities in State and Federal 
Waters in Cook Inlet, AK, Permit No. AKG-31-5000 (Permit)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft modification to NPDES general 
permit.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is issuing a draft modification to the National Pollutant Discharge 
Elimination System (NPDES) general permit in response to a settlement 
agreement between Union Oil Company of California and XTO Energy, Inc. 
(Petitioners) and EPA (Ninth Circuit, Case No. 07-72656). On May 25, 
2007, EPA issued the final Permit, with an effective date of July 2, 
2007 (May 31, 2007, 72 FR 30377). The Permit included the following 
provisions, among others:
    1. Condition II.A.10: ``If any discharges are commingled, the most 
stringent effluent limitations for each individual discharge shall be 
applied to the resulting discharge. If the Individual discharge is not 
authorized, the commingled discharge is not authorized. Monitoring for 
compliance with technology based limits, such as the oil and grease 
concentration of produced water must be accomplished prior to 
commingling.''
    2. Condition II.C.3: ``Commingled Waste Streams. If deck drainage 
is commingled with produced water, then this discharge shall be 
considered produced water for monitoring purposes (see Section II.G). 
However, samples collected for compliance with the produced water oil 
and grease limits shall be taken prior to commingling the produced 
water stream with deck drainage or any other waste stream. The 
estimated deck drainage flow rate must be reported in the comment 
section of the DMR (i.e., discharge monitoring report).''
    3. Table 7-A, Footnote 1: ``The sample type shall be either grab, 
or a 24-hour composite which consists of the arithmetic average of the 
results of 4 grab samples taken over a 24-hour period. If a sample is 
unavailable to be analyzed and the permittee has explained the reason 
in the DMR, averaging of the remaining samples is permitted. Samples 
shall be collected prior to the addition of any seawater to the 
produced water waste stream. See Section II.G.6.b of this Permit.''

On July 3, 2007, Petitioners filed the Petition for Review, challenging 
the three provisions of the Permit set forth above. On the same date, 
Petitioners filed an Emergency Motion for Stay Under Circuit Rule 27-3, 
requesting the Court stay the three highlighted sentences above (the 
``contested terms''). EPA did not oppose the Emergency Stay and on July 
5, 2007, the Court issued an order granting Petitioners' Emergency 
Motion for Stay of the contested Permit provisions.
    On August 21, 2008, after EPA reviewed the basis for the contested 
terms, EPA and Petitioners reached a settlement agreement. Under this 
agreement, EPA agreed to modify the Permit, and publish in the Federal 
Register, pursuant to 40 CFR 122.62, a proposal to modify the Permit by 
removing the third sentence of Condition II.A.10, the second sentence 
of Condition II.C.3, and the fourth sentence of Footnote 1 to Table 7-
A, from the Permit. Intervenor Cook Inletkeeper did not object to the 
settlement agreement. A fact sheet has been prepared which explains 
EPA's rationale for the proposed Permit modification.
    Public Comment: EPA will only be accepting comments on the proposed 
modification of the Permit. Interested persons may submit written 
comments on the draft Permit modification to the attention of Hanh Shaw 
at the address below. Copies of the draft modification and fact sheet 
are available upon request. The Permit modification and fact sheet may 
also be downloaded from the Region 10 Web site at http://www.epa.gov/r10earth/waterpermits.htm (click on draft permits, then Alaska). All 
comments must include the name, address, and telephone number of the 
commenter and a concise statement of comment and the relevant facts 
upon which it is based. Comments of either support or concern which are 
directed at specific, cited permit requirements are appreciated.
    After the expiration date of the Public Notice on November 20, 
2008, the Director, Office of Water and Watersheds, EPA Region 10, will 
make a final determination with respect to issuance of the Permit 
modification. The proposed changes contained in the draft modification 
will become final upon issuance if no significant comments are received 
during the public comment period.

DATES: Comments must be received or postmarked by November 20, 2008.

ADDRESSES: Comments on the proposed Permit modification should be sent 
to Director, Office of Water and Watersheds; USEPA Region 10; 1200 6th 
Ave., Suite 900, OWW-130; Seattle, Washington 98101. Comments may also 
be received via electronic mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by contacting Hanh Shaw at the address above, or by visiting the Region 
10 Web site at http://www.epa.gov/r10earth/waterpermits.htm. Requests 
may also be made to Audrey Washington at (206) 553-0523, or 
electronically mailed to: [email protected].

Other Legal Requirements

State Water Quality Standards and State Certification

    The Alaska Department of Environmental Conservation (ADEC) intends 
to waive the Permit under Section 401 of the Clean Water Act since 
State water quality standards are not affected by the modification.

Endangered Species Act

    EPA has determined that issuance of the Permit modification would 
have no effect on any threatened or endangered species, nor designated 
critical habitat.

Executive Order 12866

    EPA has determined that this Permit modification is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review.

Paperwork Reduction Act

    The information collection requirements of this permit were 
previously approved by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
and assigned OMB control numbers 2040-0086 and 2040-0110.

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

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``regulatory actions'' (defined to be the same as ``rules'' subject to 
the RFA) on tribal, state, and local governments and the private 
sector. 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.

    Signed this 10th day of October, 2008.
Michael F. Gearheard,
Director, Office of Water and Watersheds, U.S. Environmental Protection 
Agency, Region 10.
[FR Doc. E8-25075 Filed 10-20-08; 8:45 am]
BILLING CODE 6560-50-P