[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56576-56577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22470]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-93-Region-6]


Final NPDES General Permit Modification for Discharges From the 
Oil and Gas Extraction Point Source Category to Coastal Waters in Texas 
and Onshore Stripper Well Category East of the 98th Meridian 
(TXG330000)

AGENCY: Environmental Protection Agency.

ACTION: Final decision of NPDES general permit modification.

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SUMMARY: The Director of the Water Quality Protection Division, for the 
Environmental Protection Agency (EPA) Region 6 today announces issuance 
of

[[Page 56577]]

the final permit modifications for the National Pollutant Discharge 
Elimination System (NPDES) general permit (TXG330000) regulating 
discharges from oil and gas wells in the Coastal Subcategory in Texas 
and in the Stripper Subcategory which discharge into waters in Texas. 
These modifications would restore coverage eligibility for certain 
inland discharges that existed in the previous permit and require 
freshwater whole effluent toxicity species for discharges to freshwater 
receiving waters.
    EPA proposed the draft permit modification in the Federal Register 
on December 2, 2013. EPA Region 6 has considered all comments received 
and makes few significant changes to the proposed permit. 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/region6/water/npdes/genpermit/index.htm.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Region 6, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 665-7515.

DATES: This permit modification is effective on September 22, 2014, and 
expires July 6, 2017. In accordance with 40 CFR 23, this permit shall 
be considered issued for the purpose of judicial review on October 6, 
2014. Under section 509(b) of the CWA, judicial review of this general 
permit can be held by filing a petition for review in the United States 
Court of Appeals within 120 days after the permit is considered issued 
for judicial review. Under section 509(b)(2) of the CWA, the 
requirements in this permit may not be challenged later in civil or 
criminal proceedings to enforce these requirements. In addition, this 
permit may not be challenged in other agency proceedings.

SUPPLEMENTARY INFORMATION: 
    Changes from the proposed permit modification include:
    1. Add ``no visible sheen'' limit to produced water discharges to 
inland waters;
    2. Replace acute 48-hour toxicity freshwater testing with acute 24-
hour toxicity LC-50 freshwater and remove the cease discharge 
requirement; and
    3. Set October 1, 2017, deadline to comply with the acute Toxicity 
LC-50 limit.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the CWA, EPA may not issue an NPDES 
permit until the State in which the discharge will occur grants or 
waives certification to ensure compliance with appropriate requirements 
of the CWA and State law. The Railroad Commission of Texas issued the 
401 certification on May 30, 2014.

B. Other Regulatory Requirements

    When EPA issued the general permit in 2012, EPA had conducted 
evaluations required by Coastal Zone Management Act, National 
Environmental Policy Act, Endangered Species Act, Magnuson-Stevens 
Fishery Conservation and Management Act, Historic Preservation Act, 
Paperwork Reduction Act, and Regulatory Flexibility Act. The scope of 
today's permit modification action does not trigger requirements for 
new evaluations for compliance with those regulatory requirements.

    Dated: September 11, 2014.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2014-22470 Filed 9-19-14; 8:45 am]
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