Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 13601 

2. Registration Number: 100–811. 

Docket Number: EPA–HQ–OPP–2012– 

0045. Company name and address: 

Syngenta Crop Protection, P.O. Box 

18300, Greensboro, NC 27409. Active 

ingredient: cyprodinil. Proposed Use: 

leafy vegetables (except Brassica). 

Contact: Lisa Jones, Registration 

Division, (703) 308–9424, jones.lisa@

epa.gov. 

3. Registration Number: 100–828. 

Docket Number: EPA–HQ–OPP–2012– 

0045. Company name and address: 

Syngenta Crop Protection, P.O. Box 

18300, Greensboro, NC 27409. Active 

ingredient: Cyprodinil. Proposed Use: 

Cardoon, celery, Chinese celery, celtuce, 

Florence fennel, New Zealand spinach, 

rhubarb, spinach, spinach vine, swiss 

chard. Contact: Lisa Jones, Registration 

Division, (703) 308–9424, jones.lisa@

epa.gov. 

4. Registration Number: 100–953. 

Docket Number: EPA–HQ–OPP–2012– 

0046. Company name and address: 

Syngenta Crop Protection, P.O. Box 

18300, Greensboro, NC 27409. Active 

ingredients: Cyprodinil and Fludioxonil. 

Proposed Use: Cardoon, celery, chinese 

celery, celtuce, Florence fennel, New 

Zealand spinach, Rhubarb, spinach, 

spinach vine, swiss chard. Contact: Lisa 

Jones, Registration Division, (703) 308– 

9424, jones.lisa@epa.gov. 

5. Registration Number: 100–999, 

100–1014. Docket Number: EPA–HQ– 

OPP–2012–0085. Company name and 

address: Syngenta Crop Protection, P.O. 

Box 18300, Greensboro, NC 27419– 

8300. Active ingredient: Paclobutrazol. 

Proposed Use: Seed treatment for 

broccoli, cauliflower, and cabbage. 

Contact: Dominic Schuler, Registration 

Division, (703) 347–0260, schuler.

dominic@epa.gov. 

6. Registration Numbers: 352–844, 

352–729, 352–728. Docket Number: 

EPA–HQ–OPP–2012–0029. Company 

name and address: DuPont Crop 

Protection, Stine-Haskell Research 

Center, P.O. Box 30, Newark, DE 19714. 

Active ingredient: Chlorantraniliprole. 

Proposed Uses: Soybean, Oilseed Crop 

Group. Contact: Jennifer Urbanski, 

Registration Division, (703) 347–0156, 

urbanski.jennifer@epa.gov. 

7. Registration Numbers: 10163–282, 

10163–283. Docket Number: EPA–HQ– 

OPP–2011–1011. Company name and 

address: Gowan Company, 370 S. Main 

Street, Yuma, AZ 85364. Active 

ingredient: EPTC. Proposed Use: 

Watermelon; Crop Group 10–10–Citrus 

Fruit Group; Sunflower subgroup 20B. 

Contact: Emily Hartman, Registration 

Division, (703) 347–0189, hartman.

emily@epa.gov. 

8. Registration Number: 42750–85, 

42750–169. Docket Number: EPA–HQ– 

OPP–2012–0010. Company name and 

address: Albaugh Inc., 1525 NE 36th St., 

Ankeny, IA 50021. Active ingredient: 

Quinclorac. Proposed Uses: Rhubarb 

and berry, low growing, except 

strawberry, subgroup 13–07H. Contact: 

Maggie Rudick, Registration Division, 

(703) 347–0257, rudick.maggie@epa.

gov. 

9. Registration Numbers: 59639–173, 

59639–150, 59639–152. Docket Number: 

EPA–HQ–OPP–2011–0860. Company 

name and address: Valent, U.S.A. Corp, 

P.O. Box 8025, Walnut Creek, CA 

94596–8025. Active ingredient: 

Clothianidin. Proposed Use: Strawberry; 

Crop Group 10–10, Citrus Fruit Group; 

citrus dried pulp; pistachio; tea. 

Contact: Marianne Lewis, Registration 

Division, (703) 308–8043, lewis.

marianne@epa.gov. 

10. Registration Number: 71512–2, 

71512–3. Docket Number: EPA–HQ– 

OPP–2011–0906. Company name and 

address: ISK Biosciences Corporation, 

7470 Auburn Rd., Suite A, Concord, OH 

44077. Active ingredient: Cyazofamid. 

Proposed Use: Succulent bean, shelled 

succulent bean, leafy greens, basil (fresh 

and dry), tuberous and corm vegetables, 

fruiting vegetables. Contact: Dominic 

Schuler, Registration Division, (703) 

347–0260, schuler.dominic@epa.gov. 

11. Registration Numbers: 66330–38, 

66330–39. Docket Number: EPA–HQ– 

OPP–2011–0449. Company name and 

address: Arysta LifeScience North 

America LLC, 15401 Weston Parkway, 

Suite 150, Cary, NC 27513. Active 

ingredient: Acequinocyl. Proposed Uses: 

Succulent soybean (edamame); small 

fruit and berry subgroups 13–07 A, F, 

and G; succulent bean; cowpea forage; 

melon subgroup 9A; cucumber; cherry. 

Contact: Autumn Metzger, Registration 

Division, (703) 305–5314, metzger.

autumn@epa.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: February 14, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–5265 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9644–4] 

Notice of Proposed NPDES General 

Permit; Proposed 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) 

Summary: The Regional 

Administrator of Region 6 today 

proposes to reissue 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 (40 

CFR Part 435, Subpart A), located in and 

discharging to the Outer Continental 

Shelf offshore of Louisiana and Texas. 

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. 

This draft permit proposes to retain, 

with certain modifications, the 

limitations and conditions of the 

existing 2007 issued permit (2007 

permit). The 2007 permit limitations 

conform with the Oil and Gas Offshore 

Subcategory Guidelines and contain 

additional requirements to assess 

impacts from the discharge of produced 

water to the marine environment, as 

required by section 403(c) of the Clean 

Water Act. 

The following major changes to the 

2007 permit are proposed as part of the 

permit reissuance: (1) Define operators 

for the purpose of this permit, (2) delete 

New Source Exemption language, (3) 

add toxicity test requirement for hydrate 

control fluids, (4) add spill prevention 

best management practices provision, 

(5) authorize de minimis discharges 

caused by subsea safety valve testing, (6) 

require electronic Notice of Intent (NOI) 

and discharge monitoring reporting 

(NetDMR), and (7) establish updated 

critical dilutions for whole effluent 

toxicity (WET) limitations for produced 

water. 

Addresses: Comments should be sent 

to: Ms. Diane Smith, Water Quality 

Protection Division, U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

Comments may be sent electronically to 

smith.diane@epa.gov. 

Dates: Comments must be received by 

May 7, 2012. Public meetings and 

hearings on the proposed permit will be 


srobinson on DSK4SPTVN1PROD with NOTICES
13602 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 

held at the times and places below. The 

meetings will include a presentation on 

the proposed permit followed by the 

opportunity for questions and answers. 

The public hearings will be held in 

accordance with the requirements of 40 

CFR 124.12. At the public hearing, any 

person may submit oral or written 

statements and data concerning the 

proposed permit. Any person who 

cannot attend one of the public hearings 

may still submit written comments, 

which have the same weight as 

comments made at the public hearing, 

through the end of the public comment 

period. 

Date: April 11, 2012. 

Time: 6 p.m.–7:30 p.m. for public 

meeting and 7:30 p.m.–9 p.m. for public 

hearing. 

Place: Houston Marriott South Hobby 

Airport, Galveston Room, 9100 Gulf 

Freeway, Houston, TX 77017. 

Date: April 12, 2012. 

Time: 5:30 p.m.–7 p.m. for public 

meeting and 7 p.m.–8:30 p.m. for public 

hearing. 

Place: East Bank Regional Library, 

Jefferson/Napoleon Rooms, 4747 W. 

Napoleon Ave., Metaire, LA 70001. 

For Further Information Contact: Ms. 

Diane Smith, U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

Telephone: (214) 655–2145. Email 

address: smith.diane@epa.gov. The 

complete proposed permit, Fact Sheet 

and a copy of the Federal Register 

notice may also be obtained on the 

Internet at: http://www.epa.gov/region6/ 

water/npdes/genpermit/. 

Supplementary Information: 

Statutory and Regulatory History 

The Clean Water Act (‘‘CWA’’) 

establishes a comprehensive program 

‘‘to restore and maintain the chemical, 

physical, and biological integrity of the 

Nation’s waters.’’ 33 U.S.C. 1251(a). The 

CWA also includes the objective of 

attaining ‘‘water quality which provides 

for the protection and propagation of 

fish, shellfish and wildlife and * * * 

recreation in and on the water.’’ 33 

U.S.C. 1251(a)(2). To achieve these 

goals, the CWA requires EPA to control 

point source discharges of pollutants to 

Waters of the United States through the 

issuance of National Pollutant Discharge 

Elimination System (‘‘NPDES’’) permits. 

NPDES permits issued for oil and gas 

exploration, development, and 

production discharges are required 

under Section 402(a)(1) of the CWA to 

include conditions for meeting 

technology-based effluent limits 

established under Section 301 and, 

where applicable, Section 306. Once an 

effluent limitations guideline or new 

source performance standard is 

promulgated in accordance with these 

sections, NPDES permits issued by the 

NPDES permitting authorities must 

incorporate requirements based on such 

limitations and standards. See 40 CFR 

122.44(a)(1). Effluent limitation 

guidelines for the Offshore Subcategory 

of the Oil and Gas Extraction Point 

Source Category are found at 40 CFR 

part 435, subpart A. 

Regulated Entities. EPA intends to use 

the reissued permit to regulate oil and 

gas extraction facilities located in the 

Outer Continental Shelf of the Western 

Gulf of Mexico, e.g., offshore oil and gas 

extraction platforms, but other types of 

facilities may also be subject to the 

permit. Covered operators would fall 

primarily under the North American 

Industrial Classification System 

(NAICS) 211 and 213 code series 

(previously the Standard Industrial 

Classification (SIC) 13 code series). To 

determine whether your facility, 

company, business, organization, etc., 

may be affected by today’s action, you 

should carefully examine the 

applicability criteria in Part I, Section 

A.1 of the draft permit. Questions on the 

permit’s application to specific facilities 

may also be directed to Ms. Smith at the 

telephone number or address listed 

above. 

Oil Spill Requirements. Section 311 of 

the Clean Water Act, (CWA or the Act), 

prohibits the discharge of oil and 

hazardous materials in harmful 

quantities. Discharges that are 

authorized by NPDES permits are 

excluded from the provisions of Section 

311. However, the permit does not 

preclude the institution of legal action 

or relieve permittees from any 

responsibilities, liabilities, or penalties 

for other, unauthorized discharges of oil 

and hazardous materials which are 

covered by Section 311 of the Act. 

Ocean Discharge Criteria Evaluation. 

For discharges into waters of the 

territorial sea, contiguous zone, or 

oceans, CWA section 403(c) requires 

EPA to consider guidelines for 

determining potential degradation of the 

marine environment when issuing 

NPDES permits. These 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). 

EPA Region 6 previously determined 

that discharges in compliance with the 

OCS general permit would not cause 

unreasonable degradation of the marine 

environment. EPA had also completed a 

study of the effects of produced water 

discharges on hypoxia in the northern 

Gulf of Mexico and found that these 

discharges would not have a significant 

impact. (See Predicted Impacts from 

Offshore Produced Water Discharges on 

Hypoxia in the Gulf of Mexico, LimnoTech, Inc., 2006). Since this reissued 

permit contains limitations that will 

protect water quality and in general 

reduce the discharge of toxic pollutants 

to the marine environment, the Region 

finds that discharges authorized by the 

reissued general permit will not likely 

cause unreasonable degradation of the 

marine environment. EPA is proposing 

to require an industry-wide produced 

water and drilling fluid characterization 

study to obtain more representative data 

to evaluate impacts to water quality. 

Marine Protection, Research, and 

Sanctuaries Act. The Marine Protection, 

Research and Sanctuaries Act (MPRSA) 

of 1972 regulates the transportation for 

dumping of materials into ocean waters 

and establishes permit programs for 

ocean dumping. The NPDES permit EPA 

reissues today does not authorize 

dumping under MPRSA. 

In addition the MPRSA establishes 

the Marine Sanctuaries Program, 

implemented by the National 

Oceanographic and Atmospheric 

Administration (NOAA), which requires 

NOAA to designate certain ocean waters 

as marine sanctuaries for the purpose of 

preserving or restoring their 

conservation, recreational, ecological or 

aesthetic values. Pursuant to the Marine 

Protection and Sanctuaries Act, NOAA 

has designated the Flower Garden 

Banks, an area within the coverage of 

the OCS general permit, a marine 

sanctuary. The OCS general permit 

prohibits discharges in areas of 

biological concern, including marine 

sanctuaries. The permit authorizes 

discharges incidental to oil and gas 

production from a facility which 

predates designation of the Flower 

Garden Banks National Marine 

Sanctuary as a marine sanctuary. EPA 

has previously worked extensively with 

NOAA to ensure that authorized 

discharges are consistent with 

regulations governing the National 

Marine Sanctuary. 

National Environmental Policy Act. In 

connection with its oil and gas leasing 

programs under the Outer Continental 

Shelf Lands Act, the Bureau of Ocean 

Energy Management of the Department 

of Interior (BOEM) has prepared and 

published draft environmental impact 

statements (EIS) on potential impacts of 

oil and gas operations in the Central and 

Western Gulf of Mexico for the 2012— 

2017 period. BOEM published a Notice 

of Availability of the DRAFT EIS at 76 

FR 39435 (December 30, 2011). EPA is 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices 13603 

a cooperating agency on BOEM’s EIS 

and intends to use that EIS to fulfill the 

National Environmental Policy Act 

obligations for this permit issuance. 

Magnuson-Stevens Fisheries 

Conservation and Management Act. The 

Magnuson-Stevens Fisheries 

Conservation and Management Act 

requires that federal agencies proposing 

to authorize actions that may adversely 

affect essential fish habitat (EFH) 

consult with NMFS. The entire Gulf of 

Mexico has been designated EFH. EPA 

intends to adopt the EFH analysis 

BOEM prepared in the above mentioned 

Draft EIS for lease sales in the Western 

and Central Planning Areas (WPA and 

CPA). BOEM concludes in the Draft EIS 

that ‘‘Impacts of routine dredging and 

discharges are localized in time and 

space and are regulated by Federal and 

State agencies through permitting 

processes; therefore, there would be 

minimal impact to fish resources and 

essential fish habitat from these routine 

activities associated with a WPA or CPA 

proposed action.’’ BOEM also concludes 

that ‘‘If there is an effect of an oil spill 

on fish resources in the Gulf of Mexico, 

it is expected to cause a minimal 

decrease in standing stocks of any 

population. This is because most spill 

events would be localized, therefore 

affecting a small portion of fish 

populations.’’ This permit contains 

limitations conforming to EPA’s Oil and 

Gas extraction, Offshore Subcategory 

Effluent Limitations Guidelines at 40 

CFR Part 435 and additional 

requirements assuring that regulated 

discharges will cause no unreasonable 

degradation of the marine environment, 

as required by section 403(c) of the 

Clean Water Act. This permit also does 

not authorize spills or any uncontrolled 

discharges. 

Endangered Species Act (ESA). The 

National Marine Fisheries Service 

(NMFS) previously concurred with 

EPA’s determination that reissuance of 

the General Permit for the Outer 

Continental Shelf of the Western Gulf of 

Mexico (OCS general permit) was not 

likely to adversely affect any listed 

threatened or endangered species or 

designated critical habitat when the 

permit was reissued in 1991 and 1998 

and when it was modified in 1993 and 

2001. When EPA reissued the OCS 

general permit in 2004, EPA requested 

written concurrence on EPA’s ‘‘may 

affect but are not likely to adversely 

affect’’ determination from NMFS. In a 

letter dated July 12, 2004, NMFS 

provided such concurrence on the 2004 

issued OCS general permit. When EPA 

proposed reissuance of the permit in 

2006, EPA found that changes would 

not decrease the level of protection the 

permit affords threatened or endangered 

species. The main changes included 

new intake structure requirements and 

more stringent whole effluent toxicity 

limits based on sub-lethal effects. Since 

those changes would increase the level 

of protection, EPA determined that 

reissuance of the permit was not likely 

to adversely affect any listed threatened 

or endangered species or their critical 

habitat. 

EPA is evaluating the effects caused 

by this permit reissuance action upon 

the 2004 consultation baseline. EPA will 

meet its responsibility to fulfill the 

section 7 of the ESA requirements prior 

to reissuance of this general permit. 

State Water Quality Standards and 

State Certification. The permit does not 

authorize discharges to State waters; 

therefore, the state water quality 

certification provisions of CWA section 

401 do not apply to this proposed 

action. 

Coastal Zone Management Act. EPA 

determined that activities proposed to 

be authorized by this reissued permit 

are consistent with the local and state 

Coastal Zone Management Plans. The 

proposed permit and consistency 

determination was submitted to the 

State of Louisiana and the State of Texas 

for interagency review at the time of 

public notice. Concurrence was received 

from both Louisiana Department of 

Natural Resources and Railroad 

Commission of Texas on the 2007 

permit. Both letters of concurrence were 

dated February 23, 2007. EPA again 

determines that reissuance of this 

permit is consistent with the local and 

state Coastal Zone Management Plans. 

The proposed permit and consistency 

determination are submitted to the State 

of Louisiana and the State of Texas for 

interagency review at the time of public 

notice. 

Paperwork Reduction Act. The 

information collection required by this 

permit will reduce paperwork 

significantly by implementation of 

electronic reporting requirements. EPA 

is working on an electronic notice of 

intent (eNOI) system so applicants will 

file their NOIs online. EPA estimates 

that it takes 10 to 15 minutes to fill up 

all information required by eNOI for 

each lease block, and it takes much less 

time to add, delete, or modify eNOI. 

EPA will also incorporate an electronic 

discharge monitoring report (NetDMR) 

requirement in the permit. The time for 

NetDMR preparation will be much less 

than that for paper DMR. The electronic 

filing systems will also significantly 

reduce the mailing cost. 

Regulatory Flexibility Act. The 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq, requires that EPA prepare a 

regulatory flexibility analysis for 

regulations that have a significant 

impact on a substantial number of small 

entities. As indicated below, the permit 

reissuance proposed today is not a 

‘‘rule’’ subject to the Regulatory 

Flexibility Act. EPA prepared a 

regulatory flexibility analysis, however, 

on the promulgation of the Offshore 

Subcategory guidelines on which many 

of the permit’s effluent limitations are 

based. That analysis shows that 

reissuance of this permit will not have 

a significant impact on a substantial 

number of small entities. 

Dated February 28, 2012. 

William K. Honker, 

Acting Director, Water Quality Protection 

Division, EPA Region 6. 

[FR Doc. 2012–5534 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9644–2; CERCLA–04–2012–3763] 

Anniston PCB Superfund Site; 

Anniston, Calhoun County, AL; 

Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Correction to Federal 

Register Posting. 

SUMMARY: In the Federal Register 

published on February 27, 2012, 77 FR 

11533 (FRL–9637–7), EPA posted a 

Notice of Amended Settlement 

concerning the Anniston PCB 

Superfund Site located in Anniston. The 

settlement is not an amendment, but a 

new settlement at this Site. The 

comment period will remain the same 

and end on March 28, 2012. 

DATES: The Agency will consider public 

comments on the settlement until March 

28, 2012. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments by Site name 

Anniston PCB by one of the following 

methods: 

• www.epa.gov/region4/superfund/ 

programs/enforcement/ 

enforcement.html. 

• Email: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 


srobinson on DSK4SPTVN1PROD with NOTICES