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[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47380-47381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19398]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9713-5]

Final National Pollutant Discharge Elimination System (NPDES) 
General Permit for Discharges From the Oil and Gas Extraction Point 
Source Category to Coastal Waters in Texas (TXG330000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of NPDES General Permit Renewal.

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SUMMARY: EPA Region 6 today announces issuance of the final NPDES 
general permit for the Coastal Waters of Texas (No. TXG330000) for 
discharges from existing and new dischargers and New Sources in the 
Coastal and Stripper Subcategories of the Oil and Gas Extraction Point 
Source Category as authorized by section 402 of the Clean Water Act, 
(CWA). This permit renewal authorizes discharges from exploration, 
development, and production facilities discharging to the coastal 
waters of Texas. The draft permit was proposed in the Federal Register 
on March 30, 2012. EPA Region 6 has considered all comments received 
and makes few changes to the proposed permit: pH limit for formation 
test fluids and fecal coliform limit only for oyster water.

DATES: This permit was issued and effective on July 31, 2012 and 
expires July 30, 2017. 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 2007 permit on July 
6, 2012. In accordance with 40 CFR 23, this permit shall be considered 
issued for the purpose of judicial review on August 22, 2012. 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.

ADDRESSES: 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.

[[Page 47381]]

FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Region 6, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 665-2145.

SUPPLEMENTARY INFORMATION: The permit prohibits the discharge of 
drilling fluid, drill cuttings, produced sand and well treatment, 
completion and workover fluids. Discharges of dewatering effluents from 
reserve pits are also prohibited. Produced water discharges are 
prohibited, except from wells in the Stripper Subcategory located east 
of the 98th meridian whose produced water comes from the Carrizo/
Wilcox, Reklaw or Bartosh formations in Texas as authorized by the 
previous permit. Discharges of produced waters from new stripper wells 
to an impaired waterbody that is impaired for dissolved oxygen are 
prohibited. The discharge of deck drainage, formation test fluids, 
sanitary waste, domestic waste and miscellaneous discharges is 
authorized. More stringent requirements are established to regulate 
discharges to water quality-impaired waterbodies. Pursuant to section 
316(b) of the Clean Water Act (CWA), requirements for new facilities 
are also established in the final permit. Major changes also include 
definition of ``operator'', acute toxicity test for produced water, 
spill prevention best management practices, and electronic reporting 
requirements. To obtain discharge authorization, operators of such 
facilities must submit a new Notice of Intent (NOI). To determine 
whether your facility, company, business, organization, etc. is 
regulated by this action, you should carefully examine the 
applicability criteria in Part I, Section A.1 of this permit.
    Other Legal Requirements: State certification under section 401 of 
the CWA; consistency with the Texas 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 requirements are discussed in the Region's responses to comments.

    Dated: July 31, 2012.
William K. Honker,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2012-19398 Filed 8-7-12; 8:45 am]
BILLING CODE 6560-50-P
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