76740 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7851–2] 

Final National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for the Offshore Subcategory of 

the Oil and Gas Extraction Point 

Source Category for Operations 

Located in the Eastern Portion of Outer 

Continental Shelf (OCS) of the Gulf of 

Mexico (GMG460000) and Record of 

Decision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final Issuance of NPDES 

General Permit. 

SUMMARY: On December 9, 2004, the 

Regional Administrator of EPA Region 4 

(the ‘‘Region’’) reissued the National 

Pollutant Discharge Elimination System 

(NPDES) general permit for operators 

located in the Outer Continental Shelf 

(OCS) of the eastern portion of the Gulf 

of Mexico, General Permit No. 

GMG460000, (formerly NPDES Permit 

no. GMG280000) for discharges in the 

Offshore Subcategory of the Oil and Gas 

Extraction Point Source Category cited 

at 40 Code of Federal Regulations (CFR) 

Part 435, subpart A, which includes 

guidelines for the discharges of nonaqueous drilling fluids (i.e., syntheticbased drilling fluids) promulgated on 

January 22, 2001. This permit, which 

shall become effective on January 1, 

2005, and will expire on December 31, 

2009, authorizes discharges from 

exploration, development, and 

production facilities located in, and 

discharging to, all Federal waters of the 

eastern portion of the Gulf of Mexico 

seaward 200 meter contour depth outer 

boundary of the territorial seas offshore 

Florida and Alabama in the Eastern 

Planning Area and facilities in Mobile 

and Visoca Knoll lease blocks located 

seaward of the outer boundary of the 

territorial seas offshore Alabama and 

Mississippi in the Central Planning 

Area. Individual NPDES permits will be 

issued for operating facilities on lease 

blocks traversed by and shoreward of 

the 200 meter depth in the Eastern 

Planning area. The previous Region 4 

general permit for Offshore Oil and Gas 

activities was published at 63 Federal 

Register (FR) 55718 on October 16, 

1998, revised on March 14, 2001, at 63 

FR 14988, and expired on October 31, 

2003. 

The proposed NPDES general permit 

was published at 69 FR 1743 on January 

12, 2004. Three public hearings 

pertaining to the proposed permit, draft 

Supplemental Environmental Impact 

Statement (SEIS), and draft Ocean 

Discharge Criteria Evaluation (ODCE) 

document [i.e., Clean Water Act (CWA) 

Section 403 Determination] were held in 

the Gulf Coast area during March 16–18, 

2004, and the public comment period 

for these documents ended on April 20, 

2004. 

This notice constitutes the Agency’s 

Record of Decision in accordance with 

the Council on Environmental Quality 

regulations at 40 CFR 1505.2 and EPA 

regulations at 40 CFR 6.606. Draft and 

Final SEISs were issued February 13, 

2004 and August 27, 2004, respectively, 

that considered three permitting options 

available to EPA. Alternative A was the 

issuance of a general permit to include 

limits and permit conditions addressing 

the use of non-aqueous-based drilling 

fluids [which include synthetic-based 

drilling fluids (SBFs)] for existing and 

new sources in areas in general 

permitting coverage area. Alternative B 

was the issuance of a general permit that 

is unchanged from the previous general 

permit (1998), which did not include 

permit limits and/or conditions 

pertaining to the use of SBFs, and 

Alternative C was no issuance of any 

general permit. The SEIS process 

updated information contained in the 

Final EIS associated with the previous 

NPDES general permit for Offshore Oil 

and Gas activities in Region 4.

The final SEIS (EPA 904–9–04–004, 

dated July 2004) addressed the potential 

impacts to the environment from the use 

of SBFs, supplementing the final EIS 

completed in 1998. Alternative A, EPA’s 

preferred alternative, has been found to 

be adequately protective of the offshore 

marine environment. In the process of 

reaching this finding, the SEIS 

considered available mitigation for 

avoiding and minimizing the adverse 

impacts to federal OCS waters and the 

coastal waters of the adjoining states. 

The proposed general permit contains 

numerous protective specifications 

which have been evaluated in the SEIS. 

The effluent discharge limitations, the 

SBF toxicity and biodegradation rate 

testing requirements, and the permit 

conditions requiring seabed surveys and 

agency coordination, are all deemed 

necessary mitigation to ensure the 

protection of the environment. 

The general permit is also protective 

of state coastal waters. To comply with 

the federal consistency provisions of the 

Coastal Zone Management Act (CZMA), 

the permit includes a condition 

whereby an applicant for permit 

coverage must provide evidence that the 

proposed oil and gas extraction project 

has received the applicable state 

determination of consistency prior to 

EPA granting coverage. 

EPA also considered in the SEIS the 

various applicable laws and regulations 

administered by EPA or other agencies 

which provide additional direct or 

indirect environmental mitigation. The 

Minerals Management Service (MMS) 

has the broadest regulatory mandate for 

OCS oil and gas extraction activities. 

The environmental mitigation provided 

by the general permit, as issued, will 

strengthen the mitigation administered 

by MMS and other federal 

environmental agencies. 

The public review of the SEIS and 

proposed general permit did not reveal 

any additional significant adverse 

impacts not addressed in the SEIS. 

While the present knowledge of the fate 

and effects of SBF is considered 

adequate for regulatory purposes, 

understanding of the long term impacts 

of the use of SBF will come from 

ongoing study. Should new, pertinent 

technical information become available 

from these studies, that data would be 

fully evaluated by EPA relative to the 

present limitations and conditions of 

the general permit. To accomplish this, 

a re-opener condition’’ is included in 

the permit. 

General permit coverage for all 

permittees under the previous general 

permit (NPDES Permit No. GMG280000) 

will cease 30 days from the effective 

date of this permit. In order to obtain 

coverage under the reissued general 

permit, all permittees with existing 

general coverages must submit to EPA a 

new Notice of Intent (NOI) no later than 

30 days after the effective date. All 

facility owners of newly acquired leases, 

on which a discharge will take place 

before the expiration date of the 

reissued general permit (operating 

facilities) within the area covered by the 

general permit, must file a written NOI 

for existing and for new sources prior to 

discharge. Non-operational facilities, 

i.e., those on which no production and 

no discharges have taken place in the 

two (2) years prior to the effective date 

of the reissued general permit, are only 

eligible for coverage once a new MMSapproved Exploration Plan (EP), 

Development Production Plan (DPP) or 

Development Operational Coordination 

Document (DOCD) (or proof that MMS 

previously approved an EP, DPP or 

DOCD) is submitted to EPA. Otherwise, 

coverage under the previous general 

permit will terminate on the effective 

date of the reissued general permit. For 

all applicants, the NOI must contain the 

information set forth in 40 CFR 

122.28(b)(2)(ii) and Part I.A.4 of the 

reissued NPDES general permit. 

In accordance with Oil and Gas 

Extraction Point Source Category, 

Offshore Subcategory Effluent 

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 76741

Guidelines and New Source 

Performance Standards (NSPS) 

published at 58 FR 12454 on March 4, 

1993, and amended at 66 FR 6850 on 

January 22, 2001, EPA Region 4 made a 

draft SEIS available concurrently with 

the draft general permit for review 

during the public comment period that 

addressed potential impacts from 

facilities that may be defined as new 

sources in the context of a 

comprehensive offshore permitting 

strategy. As set forth in Section 4.1 of 

the final SEIS (EPA 904/9–04–004), the 

Regional Administrator has determined 

that the discharges authorized under the 

reissued general permit would not pose 

environmental harm within the general 

permit coverage area. 

The final NPDES general permit 

includes, best conventional pollutant 

control technology (BCT), and best 

available technology economically 

achievable (BAT) limitations for existing 

sources and NSPS limitations for new 

sources as promulgated in the effluent 

guidelines for the offshore subcategory 

at 58 FR 12454 and amended at 66 FR 

6850 (March 4, 1993 and January 22, 

2001, respectively). Other permit 

conditions are included based on the 

Best Professional Judgement of the 

permit writer.

DATES: The NPDES General Permit shall 

become effective on January 1, 2005, 

and shall expire at midnight on 

December 1, 2009. The final permit, the 

amendment to the fact sheet (which 

includes responses to comments on the 

proposed general permit), an electronic 

version of the EPA-Region 4 approved, 

optional Discharge Monitoring Report, 

and the final ODCE document can be 

downloaded from the following Internet 

Web site: http://www.epa.gov/region4/

water/permits/.

For Administrative Record and 

Further Information: Contact Ms. KarrieJo Robinson-Shell, Environmental 

Engineer by phone at (404) 562–9308, 

by e-mail at shell.karrie-jo@epa.gov, or 

at the following mail address: Water 

Management Division, NPDES and 

Biosolids Permits Section, U.S. EPARegion 4, Sam Nunn Atlanta Federal 

Center, 61 Forsyth Street, SW., Atlanta, 

GA 30303–8960, Attention: Ms. KarrieJo Robinson-Shell.

SUPPLEMENTARY INFORMATION: 

I. Procedures for Reaching a Final 

Permit Decision 

EPA prepared draft and final SEISs 

that evaluated the potential impacts of 

the proposed Federal license (issuance 

of the general permit) within the context 

of a comprehensive NPDES permitting 

strategy for the Region 4 jurisdictional 

area of the Gulf of Mexico. The process 

was conducted in accordance with the 

regulations implementing the National 

Environmental Policy Act (NEPA). The 

findings of the final SEIS, the ODCE 

(i.e., CWA Section 403(c) Evaluation) 

and public comments were used in 

reaching the decision to reissue the final 

NPDES general permit with the 

limitations and conditions, therein. 

Important interagency coordination 

occurred between the EPA, MMS, The 

National Marine Fisheries Service 

(NMFS) and the U.S. Fish and Wildlife 

Service (USFWS). A significant amount 

of information and assistance was 

obtained from MMS. Since EPA will be 

conducting individual permitting 

outside the general permit coverage area 

of new source development/production 

projects, it intends to coordinate its 

efforts with MMS on the environmental 

reviews required of each agency by 

National Environmental Policy Act 

(NEPA). 

EPA has considered all written 

comments submitted on the proposed 

general permit, draft SEIS, draft ODCE 

document, as well as all comments 

received during the three public 

hearings. A summary of the comments 

on the proposed permit with EPA 

responses to these comments, the final 

general permit, the fact sheet, 

amendment to the fact sheet, and final 

ODCE document can be downloaded 

from the following Internet Web site: 

http://www.epa.gov/region4/water/

permits/. Copies of these documents, 

which are made available to the public, 

state agencies and local governments as 

part of Region 4’s administrative record, 

can also be obtained by contacting: Ms. 

Karrie-Jo Robinson-Shell, as directed 

above. 

A formal hearing is available to 

challenge any NPDES permit issued 

according to the regulations at 40 CFR 

124.15 except for a general permit as 

cited at 40 CFR 124.71. Persons affected 

by a general permit may not challenge 

the conditions of a general permit as a 

right in further Agency proceedings. 

They may instead either challenge the 

general permit in court, or apply for an 

individual permit as specified at 40 CFR 

122.21 as authorized at 40 CFR 122.28, 

and then request a formal hearing on the 

issuance or denial of an individual 

permit. Additional information 

regarding these procedures is available 

by contacting Mr. Kevin Smith, 

Associate Regional Counsel, Office of 

Environmental Accountability, at (404) 

562–9525. 

II. Procedures For Obtaining General 

Permit Coverage 

Notice of Intent requirements for 

obtaining coverage for operating 

facilities are stated in Part I Section A.4 

of the general permit. Coverage under 

the reissued general permit is effective 

as of the postmarked date of all NOIs 

deemed by EPA to be complete. EPA 

will notify applicants within 21 days of 

the postmarked date of the NOI letter to 

assign an NPDES general permit number 

or to identify any deficiencies with the 

NOI. 

III. Exclusion of Non-Operational 

Leases 

This permit does not apply to nonoperational leases, i.e., those on which 

no production and no discharge has 

taken place in the two (2) years prior to 

the effective date of the reissued general 

permit. EPA will not accept NOIs for 

such facilities, and the general permit 

will not cover such leases. Nonoperational facilities will lose coverage 

under the previous general permit on 

the effective date of the reissued general 

permit. No subsequent exploration, 

development or production activities 

may take place on these facilities until 

and unless the permittee has obtained 

coverage under the new general permit 

or an individual permit. EPA will not 

process an NOI or individual permit 

application for non-operational until 

such time that documentation is 

submitted to EPA that MMS previously 

approved an EP, DPP or DOCD or a new 

EP, DPP or DOCD. 

IV. State Water Quality Certification 

Because state waters are not included 

in the area covered by the general 

permit, its effluent limitations and 

monitoring requirements are not subject 

to state water quality certification under 

CWA Section 401. 

V. State Consistency Determination 

Region 4 is required under CZMA to 

provide all necessary information for 

the States of Mississippi, Alabama and 

Florida to review this action for 

consistency with their approved Coastal 

Management Programs. A copy of the 

consistency determination on the 

proposed activities was sent to each 

affected State, along with copies of the 

proposed NPDES general permit, fact 

sheet, draft ODCE, and draft SEIS. Each 

state concurred with EPA’s finding of 

consistency. 

VI. Administrative Record 

All relevant documents pertaining to 

this permit issuance are on file and may 

be inspected any time between 8:15 a.m. 

and 4:30 p.m., Monday through Friday 

76742 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 

at: Water Management Division, NPDES 

and Biosolids Permits Section, U.S. 

EPA-Region 4, Sam Nunn Atlanta 

Federal Center, 61 Forsyth Street, SW., 

Atlanta, GA 30303–8960, Attention: Ms. 

Karrie-Jo Robinson-Shell. Copies may 

also be obtained by written request to 

this same address. Electronic copies of 

the final NPDES general permit, the fact 

sheet, amendment to the fact sheet 

(which includes EPA’s response to 

comments), and final ODCE may be 

downloaded at http://www.epa.gov/

region4/water/permits.

VII. Executive Order 12866 

Under Executive Order 12866 [58 FR 

51735 (October 4, 1993)], the Agency 

must determine whether the regulatory 

action is ‘‘significant,’’ and therefore 

subject to review by the Office of 

Management and Budget (OMB) and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health, or 

safety, or State, local, or Tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. OMB has exempted review of 

NPDES general permits under the terms 

of Executive Order 12866. 

VIII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment rule 

making requirements under the 

Administrative Procedures Act (APA) or 

any other statue, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions.

Issuance of an NPDES general permit 

is not subject to rule making 

requirements, including the requirement 

for a general notice of proposed rule 

making, under APA Section 533 or any 

other law, and is thus not subject to the 

RFA requirements. 

The APA defines two broad, mutually 

exclusive categories of agency action—

‘‘rules’’ and ‘‘orders.’’ APA Section 

551(4) defines rule as ‘‘an agency 

statement of general or particular 

applicability and future effect designed 

to implement, interpret or prescribe law 

or policy or describing the organization, 

procedure, or practice or requirements 

of an agency * * * ’’ APA Section 

551(6) defines orders as ‘‘a final 

disposition * * * of an agency in a 

matter other than rule making but 

including licensing.’’ APA Section 

551(8) defines ‘‘license’’ to ‘‘include 

* * * an agency permit * * * ’’ The 

APA thus categorizes a permit as an 

order, which by the APA’s definition is 

not a rule. Section 553 of the APA 

establishes ‘‘rule making’’ requirements. 

APA Section 551(5) defines ‘‘rule 

making’’ as ‘‘the agency process for 

formulating, amending, or repealing a 

rule.’’ By its terms, Section 553 applies 

only to rules and not to orders, 

exempting by definition permits. 

IX. Unfunded Mandates Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act (UMRA), 2 U.S.C. 

1501, et seq, generally requires Federal 

agencies to assess the effects of their 

‘‘regulatory actions’’ on State, local and 

tribal governments and the private 

sector. UMRA uses the term ‘‘regulatory 

actions’’ to refer to regulations. (See, 

e.g., UMRA section 201, ‘‘Each agency 

shall * * * assess the effects of Federal 

regulatory actions * * * (other than to 

the extent that such regulations 

incorporate requirements specifically 

set forth in law)’’ (emphasis added)). 

UMRA section 201 defines ‘‘regulation’’

by reference to section 658 of Title 2 of 

the U.S. Code, which in turn defines 

‘‘regulation’’ and ‘‘rule’’ by reference to 

section 601(2) of the Regulatory 

Flexibility Act (RFA). That section of 

the RFA defines ‘‘rule’’ as ‘‘any rule for 

which the agency publishes a notice of 

proposed rulemaking pursuant to 

section 553(b) of [the Administrative 

Procedure Act (APA)], or any other

law * * * ’’

NPDES general permits are not 

‘‘rules’’ under APA and thus not subject 

to the APA requirement to publish a 

notice of proposed rulemaking. NPDES 

general permits are also not subject to 

such a requirement under the CWA. 

While EPA publishes a notice to solicit 

public comment on draft general 

permits, it does so pursuant to the CWA 

section 402(a) requirement to provide 

‘‘an opportunity for a hearing.’’ Thus, 

NPDES general permits are not ‘‘rules’’

for RFA or UMRA purposes. 

EPA has determined that the 

proposed permit reissuance would not 

contain a Federal requirement that may 

result in expenditures of $100 million or 

more for State, local and tribal 

governments, in the aggregate, or the 

private sector in any one year. 

The Agency also believes that the 

permit would not significantly, nor 

uniquely, affect ‘‘small governments’’. 

For UMRA purposes, ‘‘small 

governments’’ is defined by reference to 

the definition of ‘‘small governmental 

jurisdiction’’ under RFA. (See UMRA 

section 102(1), referencing 2 U.S.C. 658, 

which references section 601(5) of the 

RFA.) ‘‘Small governmental 

jurisdiction’’ means governments of 

cities, counties, towns, etc., with a 

population of less than 50,000, unless 

the Agency establishes an alternative 

definition. 

The permit also would not uniquely 

affect small governments because 

compliance with the permit conditions 

affects small governments in the same 

manner as any other entities seeking 

coverage under the permit. 

Additionally, EPA does not expect small 

governments to operate facilities 

authorized to discharge by this permit.

X. Paperwork Reduction Act 

The information collection required 

by this permit has been approved by 

OMB under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., in submission made for the 

NPDES permit program and assigned 

OMB control numbers 2040–0086 

(NPDES permit application) and 2040–

0004 [(NPDES Discharge Monitoring 

Reports (DMRs)]. 

Since this permit is very similar in 

reporting and application requirements 

and in discharges which are required to 

be monitored as the previous Eastern 

Gulf of Mexico OCS general permit 

(NPDES Permit No. GMG280000) the 

paperwork burdens are expected to be 

nearly identical. When it issued the 

previous OCS general permit, EPA 

estimated it would take an affected 

facility three hours to prepare the 

request for coverage and 38 hours per 

year to prepare DMRs. It is estimated 

that the time required to prepare the 

request for coverage and DMRs for the 

reissued permit will be approximately 

the same. 

XI. Other Legal Requirements 

Oil Spill Requirements 

Section 311 of the Clean Water Act 

prohibits the discharge of oil and 

hazardous materials in harmful 

quantities. Routine discharges that are 

in compliance with NPDES permits are 

excluded from the provisions of section 

311. However, the permits do not 

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 76743

preclude the institution of legal action 

or relieve permittees from any 

responsibilities, liabilities, or penalties 

for other, unauthorized discharges of oil 

and hazardous materials that are 

covered by section 311 of the Act. 

Endangered Species Act 

The Endangered Species Act (ESA) 

imposes important requirements upon, 

federal agencies regarding endangered 

species of fish, wildlife, or plants that 

have been designated as critical. Its 

implementing regulations (50 CFR Part 

402) require the Regional Administrator 

to ensure, in consultation with the 

Secretaries of Interior and Commerce, 

that any action authorized, funded or 

carried out by EPA is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

adversely affect its critical habitat [40 

CFR 122.49(c)]. Implementing 

regulations for the ESA establish a 

process by which agencies consult with 

one another to ensure that issues and 

concerns of both the NMFS and the 

USFWS collectively are addressed. The 

NMFS and USFWS have responded to 

EPA’s initiation of the coordination 

process under the regulations set forth 

by section 7 of the Endangered Species 

Act. The species identified by NMFS 

and USFWS as threatened or 

endangered species within the permit 

coverage area have been assessed for 

potential effects from the activities 

covered by the proposed permit in a 

biological assessment incorporated in 

the draft SEIS. This biological 

assessment was submitted to the NMFS 

and USFWS along with the proposed 

permit for consistency review and 

concurrence on the Region’s finding of 

no adverse effect. This coordination is 

appended to the final EIS. Concurrence 

from the USFWS and the NMFS was 

received on October 10, 2004, and 

November 16, 2004, respectively. Both 

agencies stated that EPA’s proposed 

action to reissue the general permit is 

not likely to affect resources protected 

under the ESA. 

The NMFS, in association with the 

Gulf of Mexico Fishery Management 

Council, administers the Essential Fish 

Habitat (EFH) requirements established 

by the Magnuson-Stevens Fishery 

Conservation and Management Act. 

Federal agencies are required to consult 

with NMFS on any activity that may 

adversely effect fisheries. EFH 

coordination with NMFS occurred in 

conjunction with the SEIS which 

contains the EFH assessment 

information. EPA requested comments 

from NMFS on the EFH assessment and 

finding of minimal effects. The NMFS 

offered comments which included 

recommendations for minimizing 

potential adverse impacts of the 

discharges. Comments were fully 

considered and responded to by EPA in 

the FSEIS. 

Ocean Discharge Criteria Evaluation 

For discharges into waters located 

seaward of the inner boundary of the 

territorial seas, the CWA Section 403 

requires that NPDES permits consider 

guidelines for determining the potential 

degradation of the marine environment. 

The guidelines, or Ocean Discharge 

Criteria (40 CFR Part 125, subpart M), 

are intended to ‘‘prevent unreasonable 

degradation of the marine environment 

and to authorize imposition of effluent 

limitations, including a prohibition of 

discharge, if necessary, to ensure this 

goal’’ (45 FR 65942, October 3, 1980). 

A final ODCE determination of no 

unreasonable degradation has been 

made by Region 4 based comments and 

information submitted during the public 

comment period for the proposed 

general permit. The potential effects of 

discharges under the proposed permit 

limitations and conditions are assessed 

in this document available from Region 

4. The ODCE states that, based on the 

available information, the permit 

limitations are sufficient to determine 

that no unreasonable degradation 

should result from the permitted 

discharges. 

Marine Protection, Research, and 

Sanctuaries Act 

No marine sanctuaries as designated 

by the Marine Protection, Research, and 

Sanctuaries Act exist in the area to 

which the OCS permit applies. 

Regulatory Flexibility Act 

After review of the facts presented 

above, I hereby certify, pursuant to the 

provisions of 5 U.S.C. 605(b), that these 

proposed general permits will not have 

a significant impact on a substantial 

number of small entities. This 

certification is based on the fact that the 

vast majority of the parties regulated by 

this permit have greater than 500 

employees and are not classified as 

small businesses under the Small 

Business Administration regulations 

established at 49 FR 5024 et seq.

(February 9, 1984). For those operators 

having fewer than 500 employees, this 

permit issuance will not have 

significant economic impact. These 

facilities are classified as Major Group 

13—Oil and Gas Extraction SIC Crude 

Petroleum and Natural Gas.

James D. Giattina, 

Director, Water Management Division.

[FR Doc. 04–27987 Filed 12–21–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7851–6] 

Final Modification of National Pollutant 

Discharge Elimination System 

(NPDES) General Permit for Storm 

Water Discharges From Construction 

Activities; Notice

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of general permit 

modification. 

SUMMARY: Today’s action provides 

notice of modification of permit 

conditions specific to construction 

activities covered under EPA’s National 

Pollutant Discharge Elimination System 

(NPDES) General Permit for Storm 

Water Discharges from Construction 

Activities. The general permit is 

available for use where EPA is the 

NPDES permitting authority in EPA 

Regions 1–3 and 5–10. Coverage under 

the general permit authorizes the 

discharge of storm water from 

construction activities consistent with 

the terms of the permit. The revisions 

clarify that only sites covered by this 

permit can be subject to noncompliance 

with the permit. In addition, this 

modification includes correction of a 

typographical error in the permit and a 

corresponding error in the fact sheet.

DATES: This permit modification is 

effective on January 21, 2005. In 

accordance with 40 CFR 23.2, this 

action is considered issued for purposes 

of judicial review as of 1 p.m. eastern 

standard time (e.s.t.) on January 5, 2005. 

Under section 509(b)(1) of the Clean 

Water Act (CWA), judicial review of the 

Agency’s actions relating to the issuance 

or denial of an NPDES permit is 

available in the United States Court of 

Appeals within 120 days after the 

decision is final for the purposes of 

judicial review. Under CWA section 

509(b)(2), the modifications issued 

today may not be challenged later in 

civil or criminal proceedings brought by 

EPA to enforce these requirements.

FOR FURTHER INFORMATION CONTACT: Jack 

Faulk: telephone 202–564–0768 or email faulk.jack@epa.gov.

SUPPLEMENTARY INFORMATION: