[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45845-45846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21108]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9968-52-Region 6]


Notice of Final NPDES General Permit; Final NPDES General Permit 
for New and Existing Sources and New Dischargers in the Offshore 
Subcategory of the Oil and Gas Extraction Category for the Western 
Portion of the Outer Continental Shelf of the Gulf of Mexico 
(GMG290000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final NPDES General Permit.

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SUMMARY: The Director of the Water Division, EPA Region 6 today 
provides notice that the National Pollutant Discharge Elimination 
System (NPDES) General Permit No. GMG290000 for existing and new 
sources and new dischargers in the Offshore Subcategory of the Oil and 
Gas Extraction Point Source Category, located in and discharging to the 
Outer Continental Shelf offshore of Louisiana and Texas was reissued on 
September 19, 2017, with an effective date of October 1, 2017. The 
discharge of produced water to that portion of the Outer Continental 
Shelf from Offshore Subcategory facilities located in the territorial 
seas of Louisiana and Texas is also authorized by this permit.

DATES: This permit was issued September 19, 2017, is effective on 
October 1, 2017, and expires September 30, 2022. This effective date is 
necessary to provide dischargers with the immediate opportunity to 
comply with Clean Water Act requirements in light of the expiration of 
the 2012 permit on September 30, 2017. In accordance with 40 CFR 23, 
this permit shall be considered issued for the purpose of judicial 
review on October 16, 2017. 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. Deadlines for submittal of notices of intent are 
provided in Part I.A.2 of the permit.

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. Email: [email protected].

SUPPLEMENTARY INFORMATION: Notice of the proposal of the draft permit 
was published in the Federal Register on May 11, 2017. EPA Region 6 has 
considered all comments received and makes several significant changes 
as listed below. A copy of the Region's responses to comments and the 
final permit may be found online from the Federal eRulemaking Portal: 
http://www.regulations.gov with Docket ID No EPA-R6-OW-2017-0217. 
Significant changes include:
    1. An operator is not required to file eNOI 24-hour in advance to 
obtain permit coverage;
    2. An operator has up to one year after termination of lease 
ownership to file a Notice of Termination (NOT);
    3. In a case-by-case circumstance, the primary operator may require 
day-to-day or vessel operators to file their own eNOIs for dual 
coverages;
    4. Drilling vessels performing jobs within the same lease block may 
file one NOI for coverage;
    5. Bridged facilities may file one eNOI;
    6. In the event the eNOI system is temporarily unavailable, a 
written temporary NOI filed with certification and signature is good 
for seven days from the day of filing, but must be followed up with an 
eNOI;
    7. Existing permittees covered under the 2012 permit will be 
covered by this permit until April 1, 2018, with eNOIs to continue 
coverage due on or before that date;
    8. An oil and grease confirmation sample shall be taken within two 
hours after sheen is observed from produced water discharge;
    9. Toxicity testing frequency for produced water discharges remains 
the same as in the previous permit;
    10. Existing dischargers under the 2012 permit shall commence 
testing schedules in the 2017 permit as of the effective day of this 
permit;
    11. Additional toxicity testing for produced water after an 
application of well treatment, completion or workover fluids is not 
required; information on these discharges will be collected as part of 
the well treatment, completion, and workover fluids (TCW) Studies;
    12. The deadlines for operators to submit the Industry-wide Study 
Plan and the final report for well treatment, completion, and workover 
fluids are changed;
    13. A condition which requires operators to flush and capture 
hydrate control fluids or pipeline brine contained in pipelines, 
umbilical, or

[[Page 45846]]

jumpers before or at the time of abandonment is removed from the final 
permit;
    14. Fixed monitoring frequency is replaced with tier-approach 
monitoring frequency for intake velocity through the cooling water 
intake structure; and
    15. An exception to allow operators to submit SEAMAP data instead 
of entrainment monitoring is added.
    16. Monitoring exception for sanitary and domestic waste discharges 
using approved Marine Sanitation Devices (MSDs) from previous permit 
was reinstated.

Other Legal Requirements

Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011) and any changes made in response to OMB recommendations have been 
documented in the docket for this action.
    Consideration of Other Federal or State Laws. State certification 
under section 401 of the CWA; consistency with the State Coastal 
Management Program; and compliance with National Environmental Policy 
Act, Endangered Species Act, Magnuson-Stevens Fishery Conservation and 
Management Act, Historic Preservation Act, Paperwork Reduction Act, and 
Regulatory Flexibility Act are discussed in the Region's Final Permit 
Fact Sheet.

    Dated: September 19, 2017.
William B. Honker,
Director, Water Division, EPA Region 6.
[FR Doc. 2017-21108 Filed 9-29-17; 8:45 am]
 BILLING CODE 6560-50-P