[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14163-14165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04665]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2022-0371; FRL-9257-02-R6]


Issuance of the National Pollutant Discharge Elimination System 
(NPDES) General Permit for Discharges From Hydrostatic Testing of New 
and Existing Vessels in New Mexico (NMG270000), Oklahoma (OKG27F000), 
and Indian Country Within the States of Texas, Oklahoma, New Mexico, 
and Louisiana (TXG27I000, OKG27I000, NMG27I000, & LAG27I000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit issuance.

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SUMMARY: On February 21, 2023, the Water Division Director for the 
United States Environmental Protection Agency (EPA), Region 6 signed 
and issued the final permit of the NPDES General Permit for Discharges 
from Hydrostatic Testing of New and Existing Vessels in New Mexico 
(NMG270000), Oklahoma (OKG27F000), and Indian Country within the States 
of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, OKG27I000, 
NMG27I000, & LAG27I000).

DATES: Pursuant to 40 CFR 123.61 (c) the NPDES General Permit was 
issued on February 21, 2023, is effective on April 15, 2023, and 
expires April 14, 2028. This effective date is necessary to provide 
dischargers with the immediate opportunity to comply with Clean Water 
Act requirements.
    To View and/or Obtain Copies of Documents. A copy of the NPDES 
General Permit and related documents may be viewed or downloaded, at no 
cost, from the EPA website at https://www.epa.gov/publicnotices or 
https://www.regulations.gov or https://www.epa.gov/npdes-permits under 
New Mexico, Oklahoma, Louisiana and Texas.

FOR FURTHER INFORMATION CONTACT: Ms. Maria Okpala, EPA Region 6, NPDES 
Permit Section (R6 WD-PE), 214-665-3152, [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include permittees 
discharging water to a non-jurisdictional water that flows into a WOTUS 
that EPA has jurisdiction over, discharges to adjacent land that 
evaporate, soak in or used for agricultural irrigation but not reach 
WOTUS even though a groundwater

[[Page 14164]]

functional equivalent are exempt from NPDES, all resulting from a 
hydrostatic test from:
    a. New vessels relatively free of pollutants that could be 
discharged along with the hydrostatic test water. Pollutants in the 
vessel prior to the hydrostatic test may include construction debris, 
suspended solids from soil and welding solids, lubricating oil, and pH.
    b. Existing vessels that contain or previously contained or 
transferred raw or potable water, where the water used for hydrostatic 
tests does not contain corrosion inhibitors, antifreeze compounds, 
biocides, or other chemical additives (except chlorine or tracer dyes).
    c. Existing vessels that previously contained only elemental gases 
(hydrogen, oxygen, nitrogen, etc.); and existing vessels that 
previously contained or transferred natural gas, natural gas liquids, 
including condensate, oil, produced water and/or other similar 
substances.
    The areas of coverage are identified Part I, Section A.1 of the 
final permit, and also stated below:

------------------------------------------------------------------------
                               Areas of coverage/where EPA is permitting
    Master permit  number                      authority
------------------------------------------------------------------------
NMG270000....................  The State of New Mexico, except Indian
                                country within the State of New Mexico.
OKG27F000....................  Discharges in the State of Oklahoma
                                including certain areas of Indian
                                country covered by an extension of state
                                program authority pursuant to Section
                                10211 of the Safe, Accountable,
                                Flexible, Efficient Transportation
                                Equity Act (SAFETEA).\1\
NMG27I000....................  Indian country within the State of New
                                Mexico, except Pueblo of Laguna and
                                Pueblo of Acoma, Navajo Nation lands
                                that are regulated by EPA Region 9 and
                                Ute Mountain Ute Reservation lands that
                                are regulated by EPA Region 8.
TXG27I000....................  Indian country within the State of Texas.
OKG27I000....................  Indian country within the State of
                                Oklahoma, except areas of Indian Country
                                covered by an extension of state program
                                authority pursuant to Section 10211 of
                                the Safe, Accountable, Flexible,
                                Efficient Transportation Equity Act
                                (SAFETEA).
                               The areas covered by OKG27I000 are
                                described as: Indian country lands,
                                which include rights-of-way running
                                through the same, that: (1) qualify as
                                Indian allotments, the Indian titles to
                                which have not been extinguished, under
                                18 U.S.C. Sec.   1151(c); (2) are held
                                in trust by the United States on behalf
                                of an individual Indian or Tribe; or (3)
                                are owned in fee by a Tribe, if the
                                Tribe (a) acquired that fee title to
                                such land, or an area that included such
                                land, in accordance with a treaty with
                                the United States to which such Tribe
                                was a party, and (b) never allotted the
                                land to a member or citizen of the
                                Tribe.
LAG27I000....................  Indian country within the State of
                                Louisiana.
------------------------------------------------------------------------

    The EPA retains jurisdiction over discharges in these areas. If you 
have any questions regarding the applicability of this action to a 
particular entity, please contact Ms. Maria Okpala, EPA Region 6, NPDES 
Permit Section (R6 WD-PE), 214-665-3152, [email protected].
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    \1\ On December 22, 2021, EPA proposed to withdraw and 
reconsider the October 1, 2020, SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. EPA is engaging in further consultation with 
tribal governments and expects to have discussions with the State of 
Oklahoma as part of this reconsideration. EPA also notes that the 
October 1, 2020, approval is the subject of a pending challenge in 
federal court. Pawnee Nation of Oklahoma v Regan, No. 20-9635 (10th 
Cir.). EPA may make further changes to the approval of Oklahoma's 
program to reflect the outcome of the proposed withdrawal and 
reconsideration of the October 1, 2020, SAFETEA approval. Pending 
completion of EPA's review, EPA is proceeding with notice of this 
proposed permit in accordance with the October 1, 2020, approval. 
EPA's final action on this permit will address the scope of coverage 
of this permit with respect to Indian country which may require 
appropriate adjustments, based on the status of our review of the 
SAFETEA approval. If EPA issues a final permit before our review of 
the SAFETEA approval is complete, EPA may reopen this the permit to 
make further changes to the scope of coverage to reflect the outcome 
of the SAFETEA review.
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B. What action is the EPA taking?

    The EPA is providing notice of the final NPDES Permit Issuance for 
discharges from Hydrostatic Testing of New and Existing Vessels in New 
Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within the 
States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, 
OKG27I000, NMG27I000, & LAG27I000).

C. What is the EPA's authority for taking this action?

    Section 301 (a) of the Clean Water Act (CWA or the Act), 33 U.S.C. 
1311 (a), prohibits the discharge of pollutants to waters of the United 
States in the absence of authorizing permits. CWA section 402, 33 
U.S.C. 1342, authorizes EPA to issue National Pollutant Discharge 
Elimination System (NPDES) permits allowing discharges on condition 
they will meet certain requirements, including CWA sections 301, 304, 
306, 401 (33 U.S.C. 1331, 1314, and 1341) and 403. Those statutory 
provisions state that NPDES permits must include effluent limitations 
requiring authorized discharges to: (1) meet standards reflecting 
levels of technological capability, (2) comply with EPA-approved state 
water quality standards, and (3) comply with other state requirements 
adopted under authority retained by states under CWA 510, 33 U.S.C. 
1370.
    Two types of technology-based effluent limitations must be included 
in the permit proposed here. With regard to conventional pollutants 
(i.e., pH, biochemical oxygen demand (BOD), oil and grease, TSS, and 
fecal coliform), CWA section 301(b)(2)(E) requires effluent limitations 
based on ``best conventional pollution control technology'' (BCT). With 
regard to non-conventional and toxic pollutants, CWA section 
301(b)(2)(A), (C), and (D) require effluent limitations based on ``best 
available pollution control technology economically achievable'' (BAT), 
a standard which generally represents the best performing existing 
technology in an industrial category or subcategory. BAT and BCT 
effluent limitations may never be less stringent than corresponding 
effluent limitations based on best practicable control technology 
(BPT), a standard applicable to similar discharges prior to March 31, 
1989, under CWA 301(b)(1)(A).
    Frequently, EPA adopts nationally applicable guidelines identifying 
the BPT, BCT, and BAT standards to which specific industrial categories 
and subcategories are subject. There are no national guidelines for the 
activities authorized in the final permit. National Guidelines 
establishing BPT, BCT, and BAT standards have not been promulgated for 
discharges from the

[[Page 14165]]

hydrostatic testing of vessels. The BCT and BAT requirements for these 
discharges have, therefore, been established using BPJ, as required by 
CWA section 402(a)(1). Until such guidelines are published, CWA section 
402(a)(1) requires that EPA determine appropriate BCT and BAT effluent 
limitations in its NPDES permitting actions on the basis of its best 
professional judgment (BPJ).
    Department of Transportation regulations 49 CFR Subchapter D, Part 
192, prescribe minimum safety requirements for pipeline facilities and 
the transportation of gas. Part 192, Subpart J, prescribes minimum 
leak-test and strength test requirements for pipelines where the test 
medium must be liquid, air, natural gas, or inert gas. Part 192.515(b) 
states that the operator shall insure that the test medium is disposed 
of in a manner that will minimize damage to the environment. 49 CFR 
part 195 prescribes the transportation of hazardous liquids by 
pipeline.
    The Agency may issue ``general permits'' applicable to a class of 
similar discharges within a discreet geographical area. See NRDC v. 
Costle, 568 F.2d 1369 (D.C. Cir. 1977) and 40 CFR 122.28. Issuance of 
such permits is not controlled by the procedural rules EPA uses for 
individual permits but is instead subject to section 4 of the 
Administrative Procedure Act (APA), 5 U.S.C. 553, as supplemented by 
EPA regulations. EPA must, however, comply with the substantive 
requirements of the CWA without regard to whether it is issuing an 
individual or general NPDES permit.

II. Public Notification Information

A. Public Notice of the Hydrostatic Test General Permit

    On April 27, 2022, the EPA, Region 6, commenced the public comment 
period for the (NPDES) general permit authorizing discharges resulting 
from the hydrostatic testing of new and existing vessels (e.g., 
pipelines, storage tanks, etc.) in New Mexico (NMG270000) and Oklahoma 
(OKG27F000). This authorization also covers Indian Country within the 
States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, 
OKG27I000, NMG27I000, & LAG27I000) [EPA-R06-OW-2022-0371; FRL-9257-01-
R6].
    The notice was also published at https://www.epa.gov/publicnotices.

B. Public Process

    The EPA Region 6 opened a 60-day public comment period on April 27, 
2022, that ended on June 27, 2022 (11:59 p.m. CST).
    EPA held a virtual information Tribal Consultation session via 
TEAMS on May 18, 2022, with tribal environmental staff at which EPA 
explained the basis for the general permit and answered any question 
that the tribe had.
    All comments received by the EPA were considered and responded by 
the EPA with the final general permit. Information about the Factsheet 
and draft permit are available at www.regulations.gov, Docket ID. No 
EPA-R06-OW-2022-0371.

III. Summary of Responses to Comments and Clean Water Act Section 401 
Certifications

    The EPA received 15 written comments from the New Mexico 
Environment Department. These comments are mostly specific to the New 
Mexico Water Quality Standards. One major comment was on the request to 
include operational information in the hydrostatic test monitoring 
records. The requested monitoring records are:

a. Start/stop time of testing
b. Duration of discharge
c. Volume of discharge
d. Source water of hydrostatic test water
e. Disposition location

    After due consideration, EPA included the above requested operation 
information in Part I, Section E of the final permit.
    EPA also received Conditions of Certifications from the New Mexico 
Environment Department, Oklahoma Department of Environmental Quality, 
all the Region 6 Tribes with CWA Certification Authority except the 
Pueblo of Laguna and the Pueblo of Acoma. The final permit excluded 
discharges on the Pueblo of Laguna and the Pueblo of Acoma from this 
general permit because these two Pueblos denied CWA certification.
    Changes from the draft permit to implement e-reporting and e-filing 
of NOIs have been made to the final permit under the Minor Modification 
procedures at 40 CFR 122.63(f).
    Additional details of the comments received, and responses are 
available at www.regulations.gov or at https://www.epa.gov/publicnotices.
Authority
    This action is taken under the authority of section 402 of the 
Clean Water Act as amended, 33 U.S.C. 1342. I hereby provide public 
notice of the EPA's final action authorizing the NPDES General Permit 
for Discharges from Hydrostatic Testing of New and Existing Vessels in 
New Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within 
the States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, 
OKG27I000, NMG27I000, & LAG27I000).

Charles W. Maguire,
Director, Water Division, EPA Region 6.
[FR Doc. 2023-04665 Filed 3-6-23; 8:45 am]
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