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[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65547-65548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26518]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9747-5]

Reissuance of the NPDES General Permits for Oil and Gas 
Exploration Facilities on the Outer Continental Shelf and Contiguous 
State Waters in the Beaufort Sea and on the Outer Continental Shelf in 
the Chukchi Sea, AK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permits.

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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing this notice of availability of the final National 
Pollutant Discharge Elimination System (NPDES) General Permits for Oil 
and Gas Exploration Facilities on the Outer Continental Shelf and 
Contiguous State Waters in the Beaufort Sea (Permit No. AKG282100) and 
on the Outer Continental Shelf in the Chukchi Sea (Permit No. 
AKG288100). The Beaufort and Chukchi general permits authorize thirteen 
types of discharges from facilities engaged in field exploration and 
exploratory drilling activities under the Offshore Subcategory of the 
Oil and Gas Extraction Point Source Category (40 CFR part 425, Subpart 
A), as authorized by Section 402 of the Clean Water Act (CWA or ``the 
Act''), 33 U.S.C. 1342. The Beaufort and Chukchi general permits 
contain effluent limitations and requirements that ensure the 
discharges will not cause unreasonable degradation of the marine 
environment, as required by Section 403(c) of the Clean Water Act (i.e. 
the Ocean Discharge Criteria), 33 U.S.C. 1343(c).

DATES: The issuance date of the Beaufort and Chukchi NPDES general 
permits is October 29, 2012, the date of publication of this notice. 
The Beaufort and Chukchi general permits shall become effective on 
November 28, 2012. Operators must submit a new Notice of Intent (NOI) 
to discharge within 120 days prior to initiation of discharges. 
Operators that have administratively extended coverage under the 
previous general permit must submit new NOIs that comply with the 
submission requirements of the Beaufort and Chukchi general permits.

ADDRESSES: Copies of the Beaufort and Chukchi general permits, the 
Response to Comments document, and the Ocean Discharge Criteria 
Evaluations may be found on the Region 10 Web site at: http://
yosemite.epa.gov/r10/water.nsf/npdes+public+notices/arctic-gp-pn-2012. 
Copies of the documents are available upon request. Written requests 
for copies of the documents may be submitted to EPA, Region 10, 1200 
Sixth Avenue, Suite 900, OWW-130, Seattle, WA 98101. Electronic 
requests may be sent to: washington.audrey@epa.gov. Requests by 
telephone may be made to Audrey Washington at (206) 553-0523.

FOR FURTHER INFORMATION CONTACT: Erin Seyfried at (206) 553-1448, 
seyfried.erin@epa.gov.

SUPPLEMENTARY INFORMATION: On June 26, 2011, the previous NPDES general 
permit, the Arctic general permit, No. AKG280000, expired. EPA is 
replacing the Arctic general permit with two general permits, the 
Beaufort and Chukchi general permits, renumbered as AKG282100 and 
AKG288100, respectively. EPA solicited public comments on the draft 
Beaufort and Chukchi general permits in the Federal Register on January 
31, 2012. Notices of the draft general permits were also published in 
the Anchorage Daily News, the Arctic Sounder, and Petroleum News on 
January 30, 2012. Public meetings and hearings were held in communities 
on the North Slope and in Anchorage the week of March 12-16, 2012. The 
comment period closed on March 30, 2012. Changes have been made to the 
general permits in response to comments received from tribal, state, 
and local governments, the Alaska Eskimo Whaling Commission, 
environmental advocacy groups, industry representatives, trade 
organizations, and individual citizens. All comments, along with EPA's 
responses, are summarized in the Response to Comments document.
    State Certification of Beaufort General Permit. Pursuant to Section 
401 of the Clean Water Act, 33 U.S.C. 1341, on October 9, 2012, the 
State of Alaska Department of Environmental Conservation (DEC) 
certified that the conditions of the Beaufort general permit comply 
with State Water Quality Standards (Alaska Administrative Code 18 AAC 
15, 18 AAC 70, and 18 AAC

[[Page 65548]]

72), including the State's antidegradation policy.
    Oil Spill Requirements. Section 311 of the Act, 33 U.S.C. 1321, 
prohibits the discharge of oil and hazardous materials in harmful 
quantities. Discharges authorized under the Beaufort and Chukchi 
general permits are excluded from the provisions of CWA Section 311, 33 
U.S.C. 1321. However, the Beaufort and Chukchi general permits will not 
preclude the institution of legal action, or relieve the permittees 
from any responsibilities, liabilities, or penalties for other 
unauthorized discharges of oil and hazardous materials, which are 
covered by Section 311.
    Endangered Species Act. Section 7 of the Endangered Species Act 
(ESA), 16 U.S.C. 1531-1544, requires federal agencies to consult with 
the National Marine Fisheries Service (NMFS) and the U.S. Fish and 
Wildlife Service (USFWS) if their actions have the potential to either 
beneficially or adversely affect any threatened or endangered species, 
or designated critical habitat. On March 30, 2012 and April 11, 2012, 
EPA received concurrences from USFWS and NMFS, respectively, that 
exploration discharges authorized by the general permits are not likely 
to adversely affect endangered, threatened, and candidate and proposed 
species and designated critical habitat areas.
    Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation 
and Management Act requires EPA to consult with NMFS when a proposed 
discharge has the potential to adversely affect an Essential Fish 
Habitat (EFH). EPA's EFH assessments conclude that the discharges 
authorized by the Beaufort and Chukchi general permits will not 
adversely affect EFH or those species regulated under a Federal 
Fisheries Management Plan.
    Coastal Zone Management Act. As of July 1, 2011, there is no longer 
a Coastal Zone Management Act (CZMA) program in Alaska. Consequently, 
federal agencies are no longer required to provide the State of Alaska 
with CZMA consistency determinations.
    Paperwork Reduction Act. The information collection requirements of 
the Beaufort and Chukchi general permits are consistent with the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    Regulatory Flexibility Act. 5 U.S.C. 601 et seq., requires that EPA 
prepare a regulatory flexibility analysis on rules subject to the 
requirements of 5 U.S.C. 553(b) that have a significant impact on a 
substantial number of small entities. However, NPDES general permits 
are not ``rules'' and are therefore not subject to the Regulatory 
Flexibility Act (RFA).
    Unfunded Mandates Reform Act. Section 201 of the Unfunded Mandates 
Reform Act (UMRA), Public Law 104-4, generally requires federal 
agencies to assess the effects of their ``regulatory actions'' (defined 
to be the same as ``rules'' subject to the RFA) on tribal, state, and 
local governments and the private sector. However, the Beaufort and 
Chukchi general permits are not ``rules'' subject to the RFA, and are 
therefore not subject to the UMRA.
    Appeal of Permit. Any interested person may appeal the Beaufort and 
Chukchi general permits in the Federal Court of Appeals in accordance 
with section 509(b)(1) of the Clean Water Act, 33 U.S.C. 1369(b)(1). 
This appeal must be filed within 120 days of the permit issuance date. 
Persons affected by the permit may not challenge the conditions of the 
permit in further EPA proceedings (see 40 CFR 124.19). Instead, they 
may either challenge the permits in court or apply for an individual 
NPDES permit.

    Authority:  This action is taken under the authority of Section 
402 of the Clean Water Act, 33 U.S.C. 1342. I hereby provide public 
notice of the final permit action in accordance with 40 CFR 
124.15(b).

    Dated: October 23, 2012.
Christine Psyk,
Associate Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2012-26518 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
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