Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59687

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5916–6]

Final NPDES General Permit for

Discharge From New and Existing

Sources in the Offshore Subcategory

of the Oil and Gas Extraction Category

for the Territorial Seas of Louisiana

(LAG260000)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final issuance of NPDES general

permit.

SUMMARY: Region 6 of the United States

Environmental Protection Agency (EPA)

today issues a National Pollutant

Discharge Elimination System (NPDES)

General Permit for the Oil and Gas

Extraction Point Source Category, in the

Territorial Seas of Louisiana. The permit

authorizes discharges from New Sources

and Existing Sources in the Offshore

Subcategory of the Oil and Gas

Extraction Point Source Category (40

CFR part 435, subpart A) located in and

discharging pollutants to the territorial

seas of Louisiana. The discharge of

produced water to the Territorial Seas of

Louisiana from Offshore Subcategory

facilities located in the Outer

Continental Shelf (OCS) waters off

Louisiana is also covered by this permit.

DATES: All limits and monitoring

requirements except the water quality

based limits and monitoring for toxicity,

benzene, lead, total phenols, and

thallium shall become effective

December 4, 1997. The water quality

based limits and monitoring shall

become effective May 4, 1998.

FOR FURTHER INFORMATION CONTACT: Ms.

Wilma Turner, EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202,

Telephone: (214) 665 7516.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially regulated by this

action are those which operate offshore

oil and gas extraction facilities located

in the territorial seas offshore of

Louisiana.

Category Examples of regulated

entities

Industry ......... Offshore Oil and Gas Extraction Platforms.

This table lists the types of entities

that EPA is now aware could potentially

be regulated by this action. Other types

of entities not listed in the table could

also be regulated. 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 the general permit. If you

have questions regarding the

applicability of this action to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Pursuant to section 402 of the Clean

Water Act (CWA), 33 U.S.C. 1342, EPA

proposed and solicited public comment

on NPDES General Permit LAG260000

at 61 FR 37746 (July 19, 1996). This

permit was proposed to address national

effluent limitations guidelines

promulgated March 4, 1993 and to

reissue the general permit covering

facilities located in the territorial seas

off the State of Louisiana which expired

June 30, 1984. Notice of this proposed

permit was also published in the New

Orleans Times Picayune on July 27,

1996. The comment period closed on

September 17, 1996.

Region 6 received comments from the

Offshore Operators Committee,

American Petroleum Institute, Louisiana

Department of Environmental Quality,

Willie R. Taylor—United States

Department of Interior, Abraham E.

Haspel—United States Department of

Energy, Flores & Rucks, Inc., Exxon

Company, U.S.A., and the Louisiana

Mid-Continent Oil and Gas Association.

EPA Region 6 has considered all

comments received. In some instances

minor wording changes were made in

the final permit in order to clarify some

points as a result of comments or to

correct typographical errors. In response

to the comments received on the

proposed permit, the following

substantive changes were made in the

final permit. Language showing that

new sources are covered was added.

The critical dilution tables for toxicity

limitations were recalculated and

expanded to account for additional

discharge rates and pipe diameters.

Equations were added in place of the

tables for determining the limitations for

benzene, lead, phenols, and thallium. A

period of six months was given to come

into compliance with the water quality

based limits for produced water. Model

input parameters for diffuser modeling

were updated based on site specific

data. The table specifying vertical

separation between discharge ports has

been updated to account for greater

volume discharges. Produced water

discharges are prohibited in some

instances in accordance with State

regulations (LAC 33:IX.708.C.2.c.iii, iv,

and v.). Biochemical oxygen demand

and total suspended solids limitations

and monitoring were added for sanitary

waste water discharges under 2,500

gallons per day, and chlorine limitations

were added for sanitary waste water

discharges from platforms which are

manned by nine or fewer persons. 24-

hour reporting requirements and

unauthorized discharge requirements

were changed to reflect State

regulations. The permit requires

operators to submit notification of intent

to be covered and discharge monitoring

reports to the State instead of EPA. The

State’s field designation is also required

to be included in notifications of intent

to be covered. The permit also no longer

requires permittees to apply for the

reissued permit six months prior to the

expiration date.

A copy of the Response to Comments

may be obtained from Wilma Turner at

the address listed above.

Other Legal Requirements

Oil Spill Requirements

CWA section 311 prohibits the

discharge of oil and hazardous materials

in harmful quantities. Discharges in

compliance with NPDES permit limits

are excluded from this prohibition, but

the final permit neither precludes

enforcement action for violations of

CWA section 311 nor relieves

permittees from any responsibilities,

liabilities, or penalties for other

unauthorized discharges of oil or

hazardous materials subject to CWA

section 311.

Endangered Species Act

As explained at 61 FR 37746, EPA has

found that issuance of the General

Permit for the territorial seas off

Louisiana will not adversely affect any

listed threatened or endangered species

or designated critical habitat and

requested written concurrence on that

determination from the Department of

Interior, Fish and Wildlife Service. The

Fish and Wildlife Service and National

Marine Fisheries Service provided such

concurrence on the proposed General

Permit for Discharges from the Offshore

Subcategory of the Oil and Gas

Extraction Point Source Category to the

Territorial Seas of Louisiana

(LAG260000).

Ocean Discharge Criteria Evaluation

At 61 FR 37746, EPA Region 6

determined that discharges in

compliance with the proposed general

permit for the territorial seas of

Louisiana (LAG260000) would not

cause unreasonable degradation of the

marine environment. No comments

have been received which disagree with

that determination.

Environmental Impact Statement

EPA determined that issuance of the

NPDES General Permit for Discharges
59688 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

from the Offshore subcategory of the Oil

and Gas Extraction Category to the

Territorial Seas of Louisiana was a

major Federal action significantly

affecting the quality of the human

environment. Thus, pursuant to the

National Environmental Policy Act of

1969 (NEPA) evaluation of the potential

environmental consequences of the

permit action in the form of an

Environmental Impact Statement (EIS)

was required.

On February 12, 1993, the U.S.

Environmental Protection Agency

(EPA), Region 6, published a Notice of

Intent in the Federal Register, to

prepare an Environmental Impact

Statement (EIS) on its proposed New

Source NPDES General Permit for the

Offshore Subcategory of the Oil & Gas

Extraction Category to the Territorial

Seas of the Gulf of Mexico off Texas and

Louisiana. The 45-day public review

and comment period ended on March

16, 1994. A public hearing to receive

comments on the Draft EIS and NPDES

permit was held March 16, 1994.

Although the Draft EIS evaluated the

NPDES general permits for oil and gas

operations in the Territorial Seas of

Texas and Louisiana, EPA has not

proposed a permit for the Territorial

Seas of Texas; therefore, the Final EIS

only covers the Louisiana NPDES

general permit. The Draft EIS and Final

EIS have been completed. EPA

considered all information gathered

during the NEPA review including the

impact analysis, comments received on

the Draft EIS and Final EIS, input

received from the scoping meeting and

public hearing on the draft EIS, and

other information provided by

interested parties during the EIS

process. Additionally, to address

impacts relative to Federal and State

statutes, programs, and regulations,

consultation was undertaken with the

Advisory Council on Historic

Preservation, the U.S. Fish and Wildlife

Service, and the Louisiana Department

of Environmental Resources. Through

this process EPA found no predicted

unacceptable or potentially significant

adverse impacts, individually or

cumulatively, that were not subject to

control through regulation or mitigation.

The record of Decision for that process

was prepared and is planned to be

publicly noticed along with this final

permit. Based on that Record of

Decision, EPA is issuing the General

Permit for Discharges from the Offshore

Subcategory of the Oil and Gas

Extraction Point Source Category to the

Territorial Seas of Louisiana.

Coastal Zone Management Act

The Region found the proposed

general permit consistent with

Louisiana’s approved Coastal Zone

Management Plan and submitted that

determination and a copy of the

proposed permit to the Coastal

Management Division of the Louisiana

Department of Natural Resources for

certification. The Department of Natural

Resources provided such certification

on August 22, 1996.

Marine Protection and Sanctuaries Act

The Marine Protection, Research and

Sanctuaries Act (MPRSA) of 1972

regulates the dumping of all types of

materials into ocean waters and

establishes a permit program for ocean

dumping. In addition the MPRSA

establishes the Marine Sanctuaries

Program, implemented by the National

Oceanographic and Atmospheric

Administration (NOAA), which requires

NOAA to designate ocean waters as

marine sanctuaries for the purpose of

preserving or restoring their

conservation, recreational, ecological or

aesthetic values. No marine sanctuaries

designated under the Marine Research

and Sanctuaries Act exist in the area to

which this permit applies.

State Water Quality Certification

Under section 401(a)(1) of the Act,

EPA may not issue an NPDES permit

until the State in which the discharge

will originate grants or waives

certification to ensure compliance with

appropriate requirements of the Act and

State law. Section 301(b)(1)(C) of the

Act requires that NPDES permits

contain conditions that ensure

compliance with applicable State water

quality standards or limitations. The

proposed permit contains limitations

intended to ensure compliance with

State water quality standards and has

been determined by EPA Region 6 to be

consistent with Louisiana’s water

quality standards and the corresponding

implementation plan. The Region

solicited certification of the permit from

the Louisiana Department of

Environmental Quality at the time it

was proposed.

On September 25, 1996 the State

submitted a conditional letter certifying

that discharges in accordance with the

permit will not violate water quality

standards. That certification was

modified with a letter the State

submitted on September 19, 1997. The

four conditions of certification LDEQ

included in those letters are:

1. The discharge of produced water

onto any intermittently exposed

sediment surface is prohibited (LAC

33:IX.708.C.2.c.iii).

2. Produced water shall not be

discharged within the boundaries of any

State or Federal wildlife management

area, refuge or park or into any water

body determined by the Water Pollution

Control Division to be of special

ecological significance (LAC

33:IX.708.C.2.c.iv).

3. Produced water shall not be

discharged within 1,300 feet (via water)

of an active oyster lease, live natural

oyster or other molluscan reef,

designated oyster seed bed, or sea grass

bed. No produced water shall be

discharged in a manner that, at any

time, facilitates the incorporation of

significant quantities of hydrocarbons or

radio nuclides into sediment or biota

(LAC 33:IX.708.C.2.c.v).

4. Sanitary waste discharges with an

average daily flow of less than 2,500

gallons per day shall not exceed a

weekly average of 45 mg/l for a five day

biochemical oxygen demand and for

total suspended solids (LAC 33:IX.709.B

& LAC 33:IX.711.C).

Those changes have been

incorporated in the final permit as

required.

Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this action from

the review requirements of Executive

Order 12291 pursuant to section 8(b) of

that order. Guidance on Executive Order

12866 contains the same exemptions on

OMB review as existed under Executive

Order 12291. In fact, however, EPA

prepared a regulatory impact analysis in

connection with its promulgation of the

guidelines on which a number of the

permit’s provisions are based and

submitted it to OMB for review. (See 58

FR 12494, March 4, 1993.)

Paperwork Reduction Act

The information collection required

by this permit has been approved by the

Office of Management and Budget

(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 (discharge monitoring reports).

Since this permit is very similar in

reporting and application requirements

and in discharges which are required to

be monitored as the Western Gulf of

Mexico Outer Continental Shelf (OCS)

general permit (GMG290000) the

paperwork burdens are expected to be

nearly identical. When it issued the

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
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59689

prepare discharge monitoring reports. It

is estimated that the time required to

prepare the request for coverage and

discharge monitoring reports for this

permit will be the same.

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

issued 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 issuance of this permit will

not have a significant impact on a

substantial number of small entities.

Unfunded Mandates Reform Act

Section 201 of the Unfunded

Mandates Reform Act (UMRA), P.L.

104–4, 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 102 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 the 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 final

permit 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 the 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 final permit also would not

uniquely affect small governments

because compliance with the proposed

permit conditions affects small

governments in the same manner as any

other entities seeking coverage under

the permit.

NPDES Permit LAG260000 is hereby

issued as it appears below.

Authorization To Discharge Under the

National Pollutant Discharge

Elimination System

In compliance with the Clean Water

Act, as amended (33 U.S.C. 1251 et.

seq., the ‘‘Act’’), operators of New

Sources and existing sources in the

Offshore Subcategory of the Oil and Gas

Extraction Point Source Category which

are located in lease blocks in the

territorial seas of Louisiana are

authorized to discharge to the territorial

seas of Louisiana in accordance with

effluent limitations, monitoring

requirements, and other conditions set

forth in Parts I, II, and III hereof. Also,

operators of New Sources and existing

sources in the Offshore Subcategory of

the Oil and Gas Extraction Point Source

Category which are located in lease

blocks in the Outer Continental Shelf off

Louisiana are authorized to discharge

produced water from those lease blocks

to the territorial seas of Louisiana in

accordance with effluent limitations,

monitoring requirements, and other

conditions set forth in Parts I, II, and III

hereof.

Operators of lease blocks discharging

within the area covered by this general

permit must submit written notification

to the Director that they intend to be

covered (See Part I.A.2). Unless

otherwise notified in writing by the

Director after submission of the

notification, owners or operators

requesting coverage are authorized to

discharge under this general permit.

Operators of lease blocks discharging

within the general permit area who fail

to notify the Director of intent to be

covered by this general permit are not

authorized under this general permit to

discharge pollutants from those

facilities.

Facilities which adversely affect

properties listed or eligible for listing in

the National Register of Historic Places

are also not authorized to discharge

under this permit.

This permit shall become effective at

Midnight Central Daylight Savings Time

December 4, 1997.

This permit and the authorization to

discharge shall expire at midnight,

Central Daylight Savings Time,

December 4, 2002.

William B. Hathaway,

Director, Water Quality Protection Division,

EPA Region 6.

Part I. Requirements for NPDES Permits

Section A. Permit Applicability and

Coverage Conditions

1. Operations Covered

This permit establishes effluent

limitations, prohibitions, reporting

requirements, and other conditions on

discharges from oil and gas facilities

engaged in production, field

exploration, developmental drilling,

well completion, and well treatment

operations.

The permit coverage area consists of

New Source and existing source

discharges in lease blocks located in the

territorial seas of Louisiana, which

discharge to the territorial seas of

Louisiana. In addition, permit coverage

consists of discharges of produced water

from lease blocks in the Outer

Continental Shelf offshore of Louisiana

which are made to the territorial seas of

Louisiana. This permit does not

authorize discharges from facilities

defined as ‘‘coastal’’, ‘‘onshore’’, or

‘‘stripper’’ (see 40 CFR part 435,

subparts C, D, and E).

2. Notification Requirements

Written notification of intent to be

covered including the legal name and

address of the operator, the lease block

number assigned by the state or the

Department of Interior or, if none, the

name commonly assigned to the lease

area, and the number and type of

facilities located within the lease block

shall be submitted at least fourteen days

prior to the commencement of

discharge. New Source facilities shall be

clearly identified as such in the

notification. Operators discharging

within the area of coverage of this

permit prior to permit issuance shall

submit notification of intent to be

covered within 30 days after such

issuance. If an application for an

individual NPDES permit has been

previously submitted for the lease, the
59690 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

notification shall include the

application/permit number or the

permit number of any individual

NPDES permit issued by EPA Region 6

for this activity.

All notifications of intent to be

covered and any subsequent reports

under this permit shall be sent to the

following address: Louisiana

Department of Environmental Quality,

Office of Water Resources, Attn: Oil and

Gas Permits Unit, 7290 Bluebonnet, P.O.

Box 82215, Baton Rouge, Louisiana

70884–2215.

3. Termination of Operations

Lease block operators shall notify the

Director within 60 days after the

permanent termination of discharges

from their facilities within the lease

block.

4. Application for NPDES Individual

Permit

a. Any operator authorized by this

permit may request to be excluded from

the coverage of this general permit by

applying for an individual permit. The

operator shall submit an application

together with the reasons supporting the

request to the Director.

b. When an individual NPDES permit

is issued to an operator otherwise

subject to this general permit, the

applicability of this permit to the owner

or operator is automatically terminated

on the effective date of the individual

permit.

Section B. Effluent Limitations and

Monitoring Requirements

1. Drilling Fluids and Drill Cuttings

There shall be no discharge of drilling

fluids or drill cuttings.

2. Deck Drainage

(a) Limitations

Free Oil. No free oil shall be

discharged, as determined by the visual

sheen method on the surface of the

receiving water. Monitoring shall be

performed once per day when

discharging, during conditions when an

observation of a visual sheen on the

surface of the receiving water is possible

in the vicinity of the discharge, and the

facility is manned. The number of days

a sheen is observed must be recorded.

3. Produced Water

(a) Limitations

Oil and Grease. Produced water

discharges must meet both a daily

maximum of 42 mg/l and a monthly

average of 29 mg/l for oil and grease.

The sample type shall be either grab, or

a 24-hour composite which consists of

the arithmetic average of the results of

4 grab samples taken over a 24-hour

period. If only one sample is taken for

any one month, it must meet both the

daily and monthly limits. Samples shall

be collected prior to the addition of any

seawater to the produced water waste

stream. The analytical method is that

specified at 40 CFR part 136.

Benzene, Lead, Thallium, and Total

Phenol. Produced water discharges must

meet the limits for benzene, lead,

thallium, and total phenol calculated

using the following equations and the

produced water critical dilution shown

in Appendix A, Table 1 of this permit.

Benzene

Daily Max.=(220.8 μg/l / Critical

Dilution) * 100

Monthly Avg.=(93 μg/l / Critical

Dilution) * 100

Total Lead

Daily Max.=(36.7 μg/l / Critical

Dilution) * 100

Monthly Avg.=(15.5 μg/l / Critical

Dilution) * 100

Total Thallium

Daily Max.=(19.6 μg/l / Critical

Dilution) * 100

Monthly Avg.=(8.3 μg/l / Critical

Dilution) * 100

Total Phenol

Daily Max.=(478 μg/l / Critical Dilution)

* 100

Monthly Avg.=(201 μg/l / Critical

Dilution) * 100

These limits and the associated

monitoring requirements for benzene,

total lead, total thallium, and total

phenol shall become effective six

months after the effective date of the

permit.

The flow used to determine the

critical dilution from the table shall be

the flow most recently reported on the

discharge monitoring report for the

facility. Facilities which have not

previously reported produced water

flow on the discharge monitoring report

shall use the most recent monthly

average flow. The depth used to

determine the limits shall be the

difference in water depth between the

discharge pipe and the sea floor or

between the water’s surface and the

seafloor if the produced water is

discharged above the surface. The

sample type shall be grab. The

analytical method is that specified at 40

CFR part 136. When seawater is added

to the produced water waste stream

prior to discharge, the total produced

water flow, including the added

seawater, shall be used in determining

the critical dilution from Appendix A,

Table 1. Limitations for benzene, total

lead, total phenol, and total thallium

shall become effective six months after

the effective date of this permit.

If any individual analytical test result

is less than the minimum quantification

level listed below, a value of zero (0)

may be used for that individual result

for the Discharge Monitoring Report

(DMR) calculations and reporting

requirements.

Total Phenol (4AAP Method): 5 μg/l

Thallium (Total): 10 μg/l

Lead (Total): 5 μg/l

Benzene: 10 μg/l

Toxicity. Produced water discharges

must show no observed effect for the

survival endpoint portion of the tests on

a 7-day average minimum and monthly

average minimum basis as measured by

the 7-day chronic toxicity test. The No

Observable Effect Concentration (NOEC)

must be equal to or greater than the

critical dilution concentration specified

in Appendix A, Table 1 of this permit.

Critical dilution shall be determined

using Table 1 of this permit and is based

on the discharge rate most recently

reported on the discharge monitoring

report and the water depth between the

discharge pipe and the seafloor or

between the surface and the seafloor if

the discharge is made above the water’s

surface. Facilities which have not

previously reported produced water

flow on the discharge monitoring report

shall use the most recent monthly

average flow for determining the critical

dilution from Table 1 of this permit. The

monthly average minimum NOEC value

is defined as the arithmetic average of

all 7-day average NOEC values

determined during the month. These

limits and the associated monitoring

requirements for toxicity shall become

effective six months after the effective

date of the permit.

Methods to Increase Dilution for

Compliance with Limits for Toxicity and

Benzene, Lead, thallium, and Phenol.

Permittees wishing to increase mixing

may use a horizontal diffuser, multiple

port discharges, or add seawater as

follows:

Permittees using a horizontal diffuser

shall install the diffuser designed using

CORMIX2. Both the numeric water

quality-based limits and the critical

dilution for chronic toxicity testing shall

be based on the modeled dilution for the

diffuser. The following input parameters

shall be used in modeling the critical

dilution:

Density Gradient=0.182 sigma-t/m

Ambient seawater density at diffuser

depth = 1017 kg/m3

Produced water density = 1070 kg/m3

Current speed = 10 cm/sec.
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59691

When the water at the discharge site

is of sufficient depth that the plume

does not impinge the bottom, the Brooks

equation shall be applied to the

CORMIX2 results as follows:

1. Calculate the near field dilution

factor (S) at the end of the impingement

region, collapsed plume width (H), and

downstream distance where the

impingement region ends (x) using the

CORMIX2 model.

2. Using the input conditions cited

above and calculated factors from Step

1, above, calculate the far field dilution

factor, Ci/C, using the Brooks equation:

C

C erf

AH t

H

i =











 −













































































































−

1.5

1+ 8

4

3

2

3

1

2

1

1

Where:

Ci = concentration at end of

impingement

C = concentration at edge of 100 m

mixing zone

H = collapsed plume width, in meters

A = 4/3 power law dispersion parameter

= 0.000453 m2/3/sec

u = current speed

x = downstream distance where

impingement region ends (from step

1, above)

t = travel time from end of impingement

to 100 m, = (100m¥x)/u

erf = the error function

3. The total dilution at the 100 m

mixing zone is defined as the product of

the near-field dilution factor, S, found

in step 1 and the far-field dilution

factor, Ci/C, calculated in Step 2.

Permittees shall state the calculated

critical dilution corresponding to that

diffuser on the annual Discharge

Monitoring Report (DMR) with a

certification that the diffuser is

installed. The CORMIX2 model runs

shall be retained by the permittee as

part of its NPDES records.

Permittees using vertically aligned

multiple discharge ports shall provide

vertical separation between ports which

is consistent with Table 2 of this permit.

When multiple discharge ports are

installed, the depth difference between

the discharge port closest to the sea

floor and the sea floor shall be the depth

difference used to determine the critical

dilution from Table 1 of this permit. The

critical dilution value shall be based on

the port flow rate (total flow rate

divided by the number of discharge

ports) and based on the diameter of the

discharge port (or smallest discharge

port if they are of different styles).

When seawater is added to the

produced water waste stream prior to

discharge, the total produced water

flow, including the added seawater,

shall be used in determining the critical

dilution from Table 1.

(b) Prohibitions

The discharge of produced water is

prohibited onto any intermittently

exposed sediment surface, within the

boundaries of any state or Federal

wildlife management area, refuge, or

park or into any water body determined

to be of special ecological significance,

within 1,300 feet of an active oyster

lease, live natural oyster or other

molluscan reef, designated oyster seed

bed, or sea grass bed, or which

facilitates the incorporation of

significant quantities of hydrocarbons or

radio nuclides into sediment or biota.

(c) Monitoring Requirements

Flow. Once per month, an estimate of

the flow in the units of millions of

gallons per day (MGD) must be

recorded.

Oil and Grease. The required

frequency of sampling shall be once per

month by grab sample.

Benzene, Lead, Phenol, and Thallium.

The required frequency of monitoring

shall be determined from the limits

calculated from Appendix A, Table 1 as

follows:

Parameter Monthly avg. limit (ug/l) Frequency

Thallium ............................................................................................................................................ >1,044 Once/Quarter.

≤1,044 and >490 Once/Month.

≤490 Once/2 Weeks.

Benzene ........................................................................................................................................... >12,600 Once/Quarter.

≤12,600 and >5,900 Once/Month.

≤5,900 Once/2 Weeks.

Total Lead ........................................................................................................................................ >65,000 Once/Quarter.

≤65,000 and >30,600 Once/Month.

≤30,600 Once/2 Weeks.

Total Phenol ..................................................................................................................................... >26,400 Once/Quarter.

≤26,400 and >12,400 Once/Month.

≤12,400 Once/2 Weeks.

These monitoring requirements for

benzene, total lead, total thallium, and

total phenol shall become effective six

months after the effective date of the

permit.

Samples for monitoring these

parameters shall be collected after

addition of any substances, including

seawater that is added prior to

discharge.

If the permittee has been compliant

with limits for benzene, lead, total

phenol or thallium for one full year

(twelve consecutive months), the

required testing frequency shall be

reduced to once per quarter for the

parameter or parameters in compliance

as long as the discharge remains in

compliance.

For permittees required to monitor

once per quarter or once per month as

stated above, the monitoring frequency

shall increase to once per two weeks for

any of these parameters when the

discharge has been found to exceed a

limit for that parameter.

If the operator adds a diffuser,

multiple discharge ports, or seawater to

increase dilution to ensure compliance

with the limits as described above, the

operator may decrease the monitoring

frequency to once per quarter after they

have taken the action to increase

dilution and have demonstrated

compliance with the limits for three

consecutive months.

Toxicity. The required frequency of

toxicity testing shall be determined

using the toxicity limits as follows:

Toxicity limit (critical

dilution)

Monitoring

frequency

<1% .................................. Once per year.

≥1 and <2.25% ................ Once per quarter.

≥2.25% ............................. Once per month.
59692 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

The toxicity monitoring requirements

shall become effective six months after

the effective date of this permit.

Samples for monitoring produced

water toxicity shall be collected after

addition of any added substances,

including seawater that is added prior to

discharge. Samples also shall be

representative of produced water

discharges when scale inhibitors,

corrosion inhibitors, biocides, paraffin

inhibitors, well completion fluids,

workover fluids, and/or well treatment

fluids are used in operations.

If the permittee has been compliant

with this toxicity limit for one

continuous year (12 consecutive

months), the required testing frequency

shall be reduced to once per year.

For permittees required to monitor

once per year or once per quarter as

stated above, the monitoring frequency

shall increase to once per month when

the discharge has been found to exceed

the limits for toxicity.

If the operator adds a diffuser,

multiple discharge ports, or seawater to

increase dilution to ensure compliance

with the limits as described above, the

operator may decrease the monitoring

frequency to once per year after they

have taken the action to increase

dilution and have demonstrated

compliance with the limits for three

consecutive months.

Radioactivity. Produced water

discharges shall be monitored for

Radium 226 and Radium 228 (See Part

I.D.4). The required frequency of

monitoring shall be obtain using the

critical dilution from Appendix A,

Table 1 based on the water depth,

discharge rate, and pipe diameter as also

required for the toxicity limits. The

required monitoring frequencies are as

follows:

Critical dilution Monitoring

frequency

< 1% ................................. Once per year.

≤ 1 and < 2.25% .............. Once per quarter.

≤ 2.25% ............................ Once per month.

When the permittee has monitored

radioactivity for one continuous year

the required monitoring frequency shall

be reduced to once per year.

4. Produced Sand

There shall be no discharge of

produced sand.

5. Well Treatment, Completion, and

Workover Fluids

(a) Limitations

Free Oil. No free oil shall be

discharged.

Oil and Grease. Well treatment fluids

must meet both a daily maximum of 42

mg/l and a monthly average of 29 mg/

l limitation for oil and grease.

Priority Pollutants. For well

treatment, completion, and workover

fluids the discharge of priority

pollutants is prohibited except in trace

amounts. Information on the specific

chemical composition of any additives

containing priority pollutants shall be

recorded.

Note: If materials added downhole as well

treatment, completion, or workover fluids

contain no priority pollutants, the discharge

is assumed not to contain priority pollutants

except possibly in trace amounts.

(b) Monitoring Requirements

This discharge shall be considered

produced water for monitoring purposes

when commingled with produced

water.

Free Oil. Monitoring shall be

performed using the static sheen test

method once per day when discharging

and the facility is manned. The number

of days a sheen is observed must be

recorded.

Oil and Grease. Monitoring shall be

performed once per month. The sample

type may be either grab or a 24-hour

composite consisting of the arithmetic

average of the results of 4 grab samples

taken within the 24-hour period. If only

one sample is taken for any one month,

it must meet both the daily and monthly

limits. The analytical method is that

specified at 40 CFR part 136.

6. Sanitary Waste

(a) Prohibitions

Solids. No floating solids may be

discharged. Observations must be made

once per day, during daylight in the

vicinity of sanitary waste outfalls,

following either the morning or midday

meals and at the time during maximum

estimated discharge.

(b) Limitations

Residual Chlorine. Total residual

chlorine is a surrogate parameter for

fecal coliform. Discharge of total

residual chlorine must meet a minimum

of 1 mg/l and shall be maintained as

close to this concentration as possible.

A grab sample must be taken once per

month and the concentration recorded

(approved method, Hach CN–66–DPD).

Biochemical Oxygen Demand (BOD5)

and Total Suspended Solids (TSS)

Sanitary waste water discharges of less

than 2,500 gallons per day shall not

exceed a daily maximum and monthly

average concentration of 45 mg/l for

BOD5 and 45 mg/l for TSS. The

monitoring frequency shall be once per

six months.

7. Domestic Waste

(a) Prohibitions

Solids. No floating solids or foam

shall be discharged.

(b) Monitoring Requirements

An observation shall be made once

per day during daylight in the vicinity

of domestic waste outfalls following the

morning or midday meal and at a time

during maximum estimated discharge.

The number of days solids are observed

must be recorded.

8. Miscellaneous Discharges

Desalination Unit Discharge

Diatomaceous Earth Filter Media

Blowout Preventer Fluid

Uncontaminated Ballast Water

Uncontaminated Bilge Water

Mud, Cuttings, and Cement at the Sea

floor

Uncontaminated Freshwater

Uncontaminated Seawater

Boiler Blowdown

Source Water and Sand

Excess Cement Slurry

(a) Limitations

Free Oil. No free oil shall be

discharged. Discharge is limited to those

times that a visual sheen observation is

possible unless the operator uses the

static sheen method. Monitoring shall

be performed using the visual sheen

method on the surface of the receiving

water once per week when discharging,

or the static sheen method at the

operator’s option. The number of days a

sheen is observed must be recorded.

Floating Solids or Visible Foam. There

shall be no discharge of floating solids

or visible foam.

[Exceptions] Uncontaminated

seawater, uncontaminated freshwater,

source water and source sand,

uncontaminated bilge water, and

uncontaminated ballast water may be

discharged from platforms that are on

automatic purge systems without

monitoring for free oil when the

facilities are not manned. Additionally,

discharges at the sea floor of: muds and

cuttings prior to installation of the

marine riser, cement, and blowout

preventer fluid may be discharged

without monitoring with the static

sheen test when conditions make

observation of a sheen on the surface of

the receiving water impossible.

9. Miscellaneous Discharges of Seawater

and Freshwater Which Have Been

Chemically Treated

Excess seawater which permits the

continuous operation of fire control

and utility lift pumps
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59693

Excess seawater from pressure

maintenance and secondary recovery

projects

Water released during training of

personnel in fire protection

Seawater used to pressure test new

piping and new pipelines

Ballast water

Once Through Non-contact cooling

water

Desalinization unit discharge

(a) Limitations

Treatment Chemicals. The

concentration of treatment chemicals in

discharged seawater or freshwater shall

not exceed the most stringent of the

following three constraints:

(1) the maximum concentrations and

any other conditions specified in the

EPA product registration labeling if

the chemical is an EPA registered

product

(2) the maximum manufacturer’s

recommended concentration

(3) 500 mg/l

Free Oil. No free oil shall be

discharged. Discharge is limited to those

times that a visible sheen observation is

possible unless the operator uses the

static sheen method. Monitoring shall

be performed using the visual sheen

method on the surface of the receiving

water once per week when discharging,

or by use of the static sheen method at

the operator’s option. The number of

days a sheen is observed must be

recorded.

Toxicity. The 48-hour minimum and

monthly average minimum No

Observable Effect Concentration (NOEC)

must be equal to or greater than the

critical dilution concentration specified

in Table 3 of this permit. Critical

dilution shall be determined using

Table 3 of this permit and is based on

the discharge rate, discharge pipe

diameter, and water depth between the

discharge pipe and the bottom. The

monthly average minimum NOEC value

is defined as the arithmetic average of

all 48-hour average NOEC values

determined during the month.

(b) Monitoring Requirements

Flow. Once per month, an estimate of

the flow (MGD) must be recorded.

Toxicity. The required frequency of

testing for continuous discharges shall

be determined as follows:

Discharge rate Toxicity testing

frequency

0–499 bbl/day ............... Once per year.

500–4,599 bbl/day ........ Once per quarter.

4,600 bbl/day and

above.

Once per month.

Intermittent or batch discharges shall

be monitored once per discharge but are

required to be monitored no more

frequently than the corresponding

frequencies shown above for continuous

discharges.

Samples shall be collected after

addition of any added substances,

including seawater that is added prior to

discharge, and before the flow is split

for multiple discharge ports. Samples

also shall be representative of the

discharge. Methods to increase dilution

previously described for produced water

in Part I.B.3.a also apply to seawater and

freshwater discharges which have been

chemically treated.

If the permittee has been compliant

with this toxicity limit for one full year

(12 consecutive months) for a

continuous discharge of chemically

treated seawater or freshwater, the

required testing frequency shall be

reduced to once per year for that

discharge.

Section C. Other Discharge Limitations

1. Halogenated Phenolic Compounds

There shall be no discharge of

halogenated phenolic compounds as a

part of any waste stream authorized in

this permit.

2. Dispersants, Surfactants, and

Detergents

The facility operator shall minimize

the discharge of dispersants, surfactants,

and detergents except as necessary to

comply with the safety requirements of

the Occupational Safety and Health

Administration. This restriction applies

to tank cleaning and other operations

which do not directly involve the safety

of workers.

3. Garbage

The discharge of garbage is prohibited

(See Part II.G.30).

5. Area of Biological Concern

There shall be no discharge in Areas

of Biological Concern, including marine

sanctuaries.

Section D. Other Conditions

1. Samples of Wastes

If requested, the permittee shall

provide EPA with a sample of any waste

in a manner specified by the Agency.

2. Produced Water Toxicity Testing

Requirements (7-Day Chronic NOEC

Marine Limits)

The approved test methods for permit

compliance are identified in 40 CFR

part 136 and published at 60 FR 53528.

(a) The permittee shall utilize the

Mysidopsis bahia (Mysid shrimp)

chronic static renewal 7-day survival

and growth test using Method 1007.0.

(b) The permittee shall utilize the

Menidia beryllina (Inland Silverside

minnow) chronic static renewal 7-day

larval survival and growth test (Method

1006.0).

(c) When the testing frequency stated

above is less than monthly and the

effluent fails the survival endpoint at

the low-flow effluent concentration

(critical dilution), the permittee shall be

considered in violation of this permit

limit and the frequency for the affected

species will increase to monthly until

such time compliance with the Lethal

No Observed Effect Concentration

(NOEC) effluent limitation is

demonstrated for a period of three

consecutive months, at which time the

permittee may return to the testing

frequency stated in Part I.B.3.c of this

permit. During the period the permittee

is out of compliance, test results shall be

reported on the DMR for that reporting

period.

(d) This permit may be reopened to

require chemical specific effluent limits,

additional testing, and/or other

appropriate actions to address toxicity.

(e) The permittee shall prepare a full

report of the results of all tests

conducted pursuant to this section in

accordance with the Report Preparation

Section of ‘‘Short-Term Methods for

Estimating the Chronic Toxicity of

Effluents and Receiving Waters to

Marine and Estuarine Organisms,’’ EPA/

600/4–91/003, or the most current

publication, for every valid or invalid

toxicity test initiated whether carried to

completion or not. The permittee shall

retain each full report pursuant to the

provisions of Part II.C.3 of this permit.

The permittee shall submit full reports

only upon the specific request of the

Agency.

(f) In accordance with Part II.D.4 of

this permit, the permittee shall report

on the DMR for the reporting period the

lowest Whole Effluent Lethality values

determined for either species for the 30-

Day Average Minimum and 7-Day

Minimum under Parameter No. 22414,

and the permittee shall report the

results of the valid toxicity test as

follows:

1. Menidia Beryllina (Inland Silverside

Minnow)

(A) If the Inland Silverside minnow

No Observed Effect Concentration

(NOEC) for survival is less than the

critical effluent dilution, enter a ‘‘1’’;

otherwise, enter a ‘‘0’’. Parameter No.

TLP6B on the Discharge Monitoring

Report.

(B) Report the Inland Silverside

minnow NOEC value for survival,
59694 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

Parameter No. TOP6B on the Discharge

Monitoring Report.

(C) Report the Inland Silverside

minnow NOEC value for growth,

Parameter No. TPP6B on the Discharge

Monitoring Report.

(D) Report the % coefficient of

variation (larger of critical dilution and

control), Parameter No. TQP6B on the

Discharge Monitoring Report.

2. Mysidopsis Bahia (Mysid Shrimp)

(A) If the Mysid shrimp NOEC for

survival is less than the critical effluent

dilution, enter a ‘‘1’’; otherwise, enter a

‘‘0’’. Parameter No. TLP3E on the

Discharge Monitoring Report.

(B) Report the Mysid shrimp NOEC

value for survival, Parameter No. TOP3E

on the Discharge Monitoring Report.

(C) Report the Mysid shrimp NOEC

value for growth, Parameter No. TPP3E

on the Discharge Monitoring Report.

(D) Report the % coefficient of

variation (larger of critical dilution and

control), Parameter No. TQP3E on the

Discharge Monitoring Report.

3. Chemically Treated Seawater and

Freshwater Toxicity Testing

Requirements (48-Hour Acute NEOC

Marine Limits)

The approved test methods for permit

compliance are identified in 40 CFR

part 136 and published at 60 FR 53528.

(a) The permittee shall utilize the

Mysidopsis bahia (Mysid shrimp) acute

static renewal 48-hour definitive

toxicity test using EPA/600/4–90/027F.

(b) Menidia beryllina (Inland

Silverside minnow) acute static renewal

48-hour definitive toxicity test using

EPA/600/4–90/027F.

(c) When the testing frequency stated

above is less than monthly and the

effluent fails the survival endpoint at

the low-flow effluent concentration

(critical dilution), the permittee shall be

considered in violation of this permit

limit and the frequency for the affected

species will increase to monthly until

such time compliance with the Lethal

No Observed Effluent Concentration

(NOEC) effluent limitation is

demonstrated for a period of three

consecutive months, at which time the

permittee may return to the testing

frequency stated in Part I.B.9.b of this

permit. During the period the permittee

is out of compliance, test results shall be

reported on the DMR for that reporting

period.

(d) This permit may be reopened to

require chemical specific effluent limits,

additional testing, and/or other

appropriate actions to address toxicity.

(e) The permittee shall prepare a full

report of the results of all tests

conducted pursuant to this section in

accordance with the Report Preparation

Section of ‘‘Methods for Measuring the

Acute Toxicity of Effluents and

Receiving Waters to Freshwater and

Marine Organisms,’’ EPA/600/4–90/

027F, or the most current publication,

for every valid or invalid toxicity test

initiated whether carried to completion

or not. The permittee shall retain each

full report pursuant to the provisions of

Part II.C.3 of this permit. The permittee

shall submit full reports only upon the

specific request of the Agency.

(f) In accordance with Part II.D.4 of

this permit, the permittee shall report

on the DMR for the reporting period the

lowest Whole Effluent Lethality values

determined for either species for the 30-

Day Average Minimum and 48-Hour

Minimum under Parameter No. 22414,

and the permittee shall report the

results of the valid toxicity test as

follows:

1. Menidia Beryllina (Inland Silverside

Minnow)

(A) If the Inland Silverside minnow

No Observed Effect Concentration

(NOEC) for survival is less than the

critical effluent dilution, enter a ‘‘1’’;

otherwise, enter a ‘‘0’’. Parameter No.

TEM6B on the Discharge Monitoring

Report.

(B) Report the Inland Silverside

minnow NOEC value for survival,

Parameter No. TOM6B on the Discharge

Monitoring Report.

2. Mysidopsis Bahia (Mysid Shrimp)

(A) If the Mysid shrimp NOEC for

survival is less than the critical effluent

dilution, enter a ‘‘1’’; otherwise, enter a

‘‘0’’. Parameter No. TEM3E on the

Discharge Monitoring Report.

(B) Report the Mysid shrimp NOEC

value for survival, Parameter No.

TOM3E on the Discharge Monitoring

Report.

4. Radionuclide Test

The approved test methods for

monitoring produced water for

radionuclides are:

Radium 226: Method Number 7500–

Ra C, Standard Methods for the

Examination of Water and Wastewater,

Eighteenth Edition, APHA, AWWA, and

WPCF.

Radium 228: Method Number 7500–

Ra D, Standard Methods for the

Examination of Water and Wastewater,

Eighteenth Edition, APHA, AWWA, and

WPCF.

Part II. Standard Conditions for NPDES

Permits

Section A. General Conditions

1. Introduction

In accordance with the provisions of

40 CFR Part 122.41, et. seq., this permit

incorporates by reference ALL

conditions and requirements applicable

to NPDES permits set forth in the Clean

Water Act, as amended, (herein-after

known as the ‘‘Act’’) as well as ALL

applicable regulations.

2. Duty to Comply

The permittee must comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the Act and is grounds for

enforcement action or for requiring a

permittee to apply and obtain an

individual NPDES permit.

3. Toxic Pollutants

a. Notwithstanding Part II.A.5, if any

toxic effluent standard or prohibition

(including any schedule of compliance

specified in such effluent standard or

prohibition) is promulgated under

section 307(a) of the Act for a toxic

pollutant which is present in the

discharge and that standard or

prohibition is more stringent than any

limitation on the pollutant in this

permit, this permit shall be modified or

revoked and reissued to conform to the

toxic effluent standard or prohibition.

b. The permittee shall comply with

effluent standards or prohibitions

established under section 307(a) of the

Act for toxic pollutants within the time

provided in the regulations that

established those standards or

prohibitions, even if the permit has not

yet been modified to incorporate the

requirement.

4. Duty To Reapply

If the permittee wishes to continue an

activity regulated by this permit after

the expiration date of this permit, the

permittee must apply for and obtain a

new permit. Continuation of expiring

permits shall be governed by regulations

promulgated at 40 CFR part 122.6 and

any subsequent amendments.

5. Permit Flexibility

This permit may be modified, revoked

and reissued, or terminated for cause in

accordance with 40 CFR part 122.62–64.

The filing of a request for a permit

modification, revocation and reissuance,

or termination, or a notification of

planned changes or anticipated

noncompliance, does not stay any

permit condition.
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59695

6. Property Rights

This permit does not convey any

property rights of any sort, or any

exclusive privilege.

7. Duty to Provide Information

The permittee shall furnish to the

Director, within a reasonable time, any

information which the Director may

request to determine whether cause

exists for modifying, revoking and

reissuing, or terminating this permit, or

to determine compliance with this

permit. The permittee shall also furnish

to the Director, upon request, copies of

records required to be kept by this

permit.

8. Criminal and Civil Liability

Except as provided in permit

conditions on ‘‘Bypassing’’ and

‘‘Upsets,’’ nothing in this permit shall

be construed to relieve the permittee

from civil or criminal penalties for

noncompliance. Any false or materially

misleading representation or

concealment of information required to

be reported by the provisions of the

permit, the Act, or applicable

regulations, which avoids or effectively

defeats the regulatory purpose of the

permit may subject the permittee to

criminal enforcement pursuant to 18

U.S.C. 1001.

9. Oil and Hazardous Substance

Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties to which the permittee is or

may be subject under section 311 of the

Act.

10. State Laws

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties established pursuant to any

applicable State Law or regulation

under authority preserved by section

510 of the Act.

11. Severability

The provisions of this permit are

severable, and if any provision of this

permit or the application of any

provision of this permit to any

circumstance is held invalid, the

application of such provision to other

circumstances, and the remainder of

this permit, shall not be affected

thereby.

Section B. Proper Operation and

Maintenance

1. Need To Halt or Reduce Not a

Defense

It shall not be a defense for a

permittee in an enforcement action that

it would have been necessary to halt or

reduce the permitted activity in order to

maintain compliance with the

conditions of this permit. The permittee

is responsible for maintaining adequate

safeguards to prevent the discharge of

untreated or inadequately treated wastes

during electrical power failure either by

means of alternate power sources,

standby generators or retention of

inadequately treated effluent.

2. Duty To Mitigate

The permittee shall take all

reasonable steps to minimize or prevent

any discharge in violation of this permit

which has a reasonable likelihood of

adversely affecting human health or the

environment.

3. Proper Operation and Maintenance

a. The permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed or used by permittee

as efficiently as possible and in a

manner which will minimize upsets and

discharges of excessive pollutants and

will achieve compliance with the

conditions of this permit. Proper

operation and maintenance also

includes adequate laboratory controls

and appropriate quality assurance

procedures. This provision requires the

operation of backup or auxiliary

facilities or similar systems which are

installed by a permittee only when the

operation is necessary to achieve

compliance with the conditions of this

permit.

b. The permittee shall provide an

adequate operating staff which is duly

qualified to carry out operation,

maintenance and testing functions

required to insure compliance with the

conditions of this permit.

4. Bypass of Treatment Facilities

a. Bypass not exceeding limitations.

The permittee may allow any bypass to

occur which does not cause effluent

limitations to be exceeded, but only if

it also is for essential maintenance to

assure efficient operation. These

bypasses are not subject to the

provisions of Parts II.B.4.b and 4.c.

b. Notice.

(1) Anticipated bypass. If the

permittee knows in advance of the need

for a bypass, it shall submit prior notice,

if possible at least ten days before the

date of the bypass.

(2) Unanticipated bypass. The

permittee shall, within 24 hours, submit

notice of an unanticipated bypass as

required in Part II.D.7.

c. Prohibition of Bypass.

(1) Bypass is prohibited, and the

Director may take enforcement action

against a permittee for bypass, unless:

(a) Bypass was unavoidable to prevent

loss of life, personal injury, or severe

property damage;

(b) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back-up equipment

should have been installed in the

exercise of reasonable engineering

judgment to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and,

(c) The permittee submitted notices as

required by Part II.B.4.b.

(2) The Director may allow an

anticipated bypass after considering its

adverse effects, if the Director

determines that it will meet the three

conditions listed at Part II.B.4.c(1).

5. Upset Conditions

a. Effect of an upset. An upset

constitutes an affirmative defense to an

action brought for noncompliance with

such technology-based permit effluent

limitations if the requirements of Part

II.B.5.b. are met. No determination made

during administrative review of claims

that noncompliance was caused by

upset, and before an action for

noncompliance, is final administrative

action subject to judicial review.

b. Conditions necessary for a

demonstration of upset. A permittee

who wishes to establish the affirmative

defense of upset shall demonstrate,

through properly signed,

contemporaneous operating logs, or

other relevant evidence that:

(1) An upset occurred and that the

permittee can identify the cause(s) of

the upset;

(2) The permitted facility was at the

time being properly operated;

(3) The permittee submitted notice of

the upset as required by Part II.D.7; and,

(4) The permittee complied with any

remedial measures required by Part

II.B.2.

c. Burden of proof. In any

enforcement proceeding, the permittee

seeking to establish the occurrence of an

upset has the burden of proof.

6. Removed Substances

Solids, sewage sludges, filter

backwash, or other pollutants removed
59696 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

in the course of treatment or wastewater

control shall be disposed of in a manner

such as to prevent any pollutant from

such materials from entering navigable

waters. Any substance specifically listed

within this permit may be discharged in

accordance with specified conditions,

terms, or limitations.

Section C. Monitoring and Records

1. Inspection and Entry

The permittee shall allow the

Director, or an authorized

representative, upon the presentation of

credentials and other documents as may

be required by the law to:

a. Enter upon the permittee’s premises

where a regulated facility or activity is

located or conducted, or where records

must be kept under the conditions of

this permit;

b. Have access to and copy, at

reasonable times, any records that must

be kept under the conditions of this

permit;

c. Inspect at reasonable times any

facilities, equipment (including

monitoring and control equipment),

practices or operations regulated or

required under this permit; and

d. Sample or monitor at reasonable

times, for the purpose of assuring permit

compliance or as otherwise authorized

by the Act, any substances or

parameters at any location.

2. Representative Sampling

Samples and measurements taken for

the purpose of monitoring shall be

representative of the monitored activity.

3. Retention of Records

The permittee shall retain records of

all monitoring information, including

all calibration and maintenance records

and all original strip chart recordings for

continuous monitoring instrumentation,

copies of all reports required by this

permit, and records of all data used to

complete the application for this permit,

for a period of at least 3 years from the

date of the sample, measurement,

report, or application. This period may

be extended by request of the Director

at any time.

The operator shall maintain records at

development and production facilities

for 3 years, wherever practicable and at

a specific shore-based site whenever not

practicable. The operator is responsible

for maintaining records at exploratory

facilities while they are discharging

under the operators control and at a

specific shore-based site for the

remainder of the 3-year retention

period.

4. Record Contents

Records of monitoring information

shall include:

a. The date, exact place, and time of

sampling or measurements;

b. The individual(s) who performed

the sampling or measurements;

c. The date(s) and time(s) analyses

were performed;

d. The individual(s) who performed

the analyses;

e. The analytical techniques or

methods used; and

f. The results of such analyses.

5. Monitoring Procedures

a. Monitoring must be conducted

according to test procedures approved

under 40 CFR part 136, unless other test

procedures have been specified in this

permit or approved by the Director.

b. The permittee shall calibrate and

perform maintenance procedures on all

monitoring and analytical instruments

at intervals frequent enough to insure

accuracy of measurements and shall

maintain appropriate records of such

activities.

c. An adequate analytical quality

control program, including the analyses

of sufficient standards, spikes, and

duplicate samples to insure the

accuracy of all required analytical

results shall be maintained by the

permittee or designated commercial

laboratory.

6. Flow Measurements

Appropriate flow measurement

devices and methods consistent with

accepted scientific practices shall be

selected and used to ensure the

accuracy and reliability of

measurements of the volume of

monitored discharges. The devices shall

be installed, calibrated, and maintained

to insure that the accuracy of the

measurements is consistent with the

accepted capability of that type of

device. Devices selected shall be

capable of measuring flows with a

maximum deviation of less than 10%

from true discharge rates throughout the

range of expected discharge volumes.

Section D. Reporting Requirements

1. Planned Changes

The permittee shall give notice to the

Director as soon as possible of any

planned physical alterations or

additions to the permitted facility.

Notice is required only when:

(1) The alteration or addition to a

permitted facility may meet one of the

criteria for determining whether a

facility is a new source in 40 CFR part

122.29(b); or,

(2) The alteration or addition could

significantly change the nature or

increase the quantity of pollutants

discharged. This notification applies to

pollutants which are not subject to

effluent limitations in the permit.

2. Anticipated Noncompliance

The permittee shall give advance

notice to the Director of any planned

changes in the permitted facility or

activity which may result in

noncompliance with permit

requirements.

3. Transfers

This permit is not transferable to any

person except after notice to the

Director. The Director may require

modification or revocation and

reissuance of the permit to change the

name of the permittee and to

incorporate such requirements as may

be necessary under the Act.

4. Discharge Monitoring Reports and

Other Reports

The operator of each lease block shall

be responsible for submitting

monitoring results for all facilities

within each lease block. The monitoring

results for the facilities (platform,

drilling ship, or semisubmersible)

within the particular lease block shall

be summarized on the annual Discharge

Monitoring Report for that lease block.

Monitoring results obtained during

the previous 12 months shall be

summarized and reported on a

Discharge Monitoring Report (DMR)

form (EPA No. 3320–1). In addition, the

highest monthly average for all activity

within each lease block shall be

reported. The highest daily maximum

sample taken during the reporting

period shall be reported as the daily

maximum concentration.

If any category of waste (discharge) is

not applicable for all facilities within

the lease block, due to the type of

operations (e.g., drilling, production) no

reporting is required; however, ‘‘no

discharge’’ must be recorded for those

categories on the DMR. If all facilities

within a lease block have had no

activity during the reporting period then

‘‘no activity’’ must be written on the

DMR. Operators may list a summary of

all lease blocks where there is no

activity on one DMR. All pages of the

DMR must be signed and certified as

required by Part II.D.11 and returned

when due.

5. Additional Monitoring by the

Permittee

If the permittee monitors any

pollutant more frequently than required

by this permit, using test procedures

approved under 40 CFR part 136 or as

specified in this permit, the results of
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59697

this monitoring shall be included in the

calculation and reporting of the data

submitted in the Discharge Monitoring

Report (DMR). Such increased

monitoring frequency shall also be

indicated on the DMR.

6. Averaging of Measurements

Calculations for all limitations which

require averaging of measurements shall

utilize an arithmetic mean unless

otherwise specified.

7. One Hour and Twenty-Four Hour

Reporting

a. The permittee shall report any

noncompliance which may endanger

health or the environment. Any

information shall be provided orally

within 1 hour from the time the

permittee becomes aware of the

circumstances. A written submission

shall be provided within 5 days of the

time the permittee becomes aware of the

circumstances. As required by

LAC33.I.3915, in the event of an

unauthorized discharge that does cause

an emergency condition, the discharger

shall notify the DEQ hotline by

telephone at (504) 925–6595 (collect

calls accepted 24 hours a day)

immediately (a reasonable period of

time after taking prompt measures to

determine the nature, quantity, and

potential off-site impact of a release,

considering the exigency of the

circumstances), but in no case later than

one hour after learning of the discharge.

(An emergency condition is any

condition which could reasonably be

expected to endanger the health, safety

of the public, cause significant adverse

impact to the land, water, or air

environment, or cause severe damage to

property.) Notification required by this

section will be made regardless of the

amount of discharge. The report shall

contain the following information:

(1) A description of the

noncompliance and its cause;

(2) The period of noncompliance

including exact dates and times, and if

the noncompliance has not been

corrected, the anticipated time it is

expected to continue; and,

(3) Steps being taken to reduce,

eliminate, and prevent recurrence of the

noncomplying discharge.

b. The following shall be included as

information which must be reported

within 24 hours:

(1) Any unanticipated bypass which

exceeds any effluent limitation in the

permit;

(2) Any upset which exceeds any

effluent limitation in the permit; and,

(3) Any discharge containing a

pollutant in a quantity which exceeds

any reportable quantity specified in the

‘‘Notification Regulations and

Procedures for Unauthorized

Discharges’’, LAC 33: I. Subchapter (E),

unless specifically authorized in this

permit.

c. The Director may waive the written

report on a case-by-case basis if the oral

report has been received within the time

constraints stipulated by Part II.D.7.a

and b.

8. Other Noncompliance

The permittee shall report all

instances of noncompliance not

reported under Parts II.D.4 and D.7 at

the time monitoring reports are

submitted. The reports shall contain the

information listed at Part II.D.7.

9. Other Information

Where the permittee becomes aware

that he failed to submit any relevant

facts in a permit application, or

submitted incorrect information in a

permit application or in any report to

the Director, he shall promptly submit

such facts or information.

10. Signatory Requirements

All applications, reports, or

information submitted to the Director

shall be signed and certified.

a. All permit applications shall be

signed as follows:

(1) For a corporation—by a

responsible corporate officer. For the

purpose of this section, a responsible

corporate officer means:

(a) A president, secretary, treasurer, or

vice-president of the corporation in

charge of a principal business function,

or any other person who performs

similar policy or decision making

functions for the corporation; or,

(b) The manager of one or more

manufacturing, production, or operating

facilities employing more than 250

persons or having gross annual sales or

expenditures exceeding $25 million (in

second-quarter 1980 dollars), if

authority to sign documents has been

assigned or delegated to the manager in

accordance with corporate procedures.

(2) For a partnership or sole

proprietorship—by a general partner or

the proprietor, respectively.

(3) For a municipality, State, Federal,

or other public agency—by either a

principal executive officer or ranking

elected official. For purposes of this

election, a principal executive officer of

a Federal agency includes:

(a) The chief executive officer of the

agency, or

(b) A senior executive officer having

responsibility for the overall operations

of a principal geographic unit of the

agency.

b. All reports required by the permit

and other information requested by the

Director shall be signed by a person

described above or by a duly authorized

representative of that person. A person

is a duly authorized representative only

if:

(1) The authorization is made in

writing by a person described above;

(2) The authorization specifies either

an individual or a position having

responsibility for the overall operation

of the regulated facility or activity, such

as the position of plant manager,

operator of a well or a well field,

superintendent, or position of

equivalent responsibility, or an

individual or position having overall

responsibility for environmental matters

for the company. A duly authorized

representative may thus be either a

named individual or an individual

occupying a named position; and,

(3) The written authorization is

submitted to the Director.

c. Certification. Any person signing a

document under this section shall make

the following certification:

I certify under penalty of law that this

document and all attachments were prepared

under my direction or supervision in

accordance with a system designed to assure

that qualified personnel properly gather and

evaluate the information submitted. Based on

my inquiry of the person or persons who

manage the system, or those persons directly

responsible for gathering the information, the

information submitted is, to the best of my

knowledge and belief, true, accurate, and

complete. I am aware that there are

significant penalties for submitting false

information, including the possibility of fine

and imprisonment for knowing violations.

11. Availability of Reports

Except for applications, effluent data,

permits, and other data specified in 40

CFR part 122.7, any information

submitted pursuant to this permit may

be claimed as confidential by the

submitter. If no claim is made at the

time of submission, information may be

made available to the public without

further notice.

Section E. Penalties for Violations of

Permit Conditions

1. Criminal

a. Negligent Violations. The Act

provides that any person who

negligently violates permit conditions

implementing section 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a fine of not less $2,500 nor

more than $25,000 per day of violation,

or by imprisonment for not more than

1 year, or both.

b. Knowing Violations. The Act

provides that any person who

knowingly violates permit conditions

implementing sections 301, 302, 306,

307, 308, 318 or 405 of the Act is subject
59698 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

to a fine of not less than $5,000 nor

more than $50,000 per day of violation,

or by imprisonment for not more than

3 years, or both.

c. Knowing Endangerment. The Act

provides that any person who

knowingly violates permit conditions

implementing sections 301, 302, 303,

306, 307, 308, 318, or 405 of the Act and

who knows at that time that he is

placing another person in imminent

danger of death or serious bodily injury

is subject to a fine of not more than

$250,000, or by imprisonment for not

more than 15 years, or both.

d. False Statements. The Act provides

that any person who knowingly makes

any false material statement,

representation, or certification in any

application, record report, plan, or other

document filed or required to be

maintained under the Act or who

knowingly falsifies, tampers with, or

renders inaccurate, any monitoring

device or method required to be

maintained under the Act, shall upon

conviction, be punished by a fine of not

more than $10,000, or by imprisonment

for not more than 2 years, or by both.

If a conviction of a person is for a

violation committed after a first

conviction of such person under this

paragraph, punishment shall be by a

fine of not more than $20,000 per day

of violation, or by imprisonment of not

more than 4 years, or by both. (See

section 309.c.4 of the Clean Water Act)

2. Civil Penalties

The Act provides that any person who

violates a permit condition

implementing sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a civil penalty not to exceed

$25,000 per day for each violation.

3. Administrative Penalties

The Act provides that any person who

violates a permit conditions

implementing sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to an administrative penalty, as

follows:

a. Class I Penalty. Not to exceed

$10,000 per violation nor shall the

maximum amount exceed $25,000.

b. Class II penalty. Not to exceed

$10,000 per day for each day during

which the violation continues nor shall

the maximum amount exceed $125,000.

Section F. Additional General Permit

Conditions

1. When the Director May Require

Application for an Individual NPDES

Permit

The Director may require any person

authorized by this permit to apply for

and obtain an individual NPDES permit

when:

(a) The discharge(s) is a significant

contributor of pollution;

(b) The discharger is not in

compliance with the conditions of this

permit;

(c) A change has occurred in the

availability of the demonstrated

technology or practices for the control

or abatement of pollutants applicable to

the point sources;

(d) Effluent limitations guidelines are

promulgated for point sources covered

by this permit;

(e) A Water Quality Management Plan

containing requirements applicable to

such point source is approved;

(f) The point source(s) covered by this

permit no longer:

(1) Involve the same or substantially

similar types of operations;

(2) Discharge the same types of

wastes;

(3) Require the same effluent

limitations or operating conditions;

(4) Require the same or similar

monitoring; and

(5) In the opinion of the Director, are

more appropriately controlled under an

individual permit than under a general

permit.

(g) The bioaccumulation monitoring

results show concentrations of the listed

pollutants in excess of levels safe for

human consumption.

The Director may require any operator

authorized by this permit to apply for an

individual NPDES permit only if the

operator has been notified in writing

that a permit application is required.

2. When an Individual NPDES Permit

May Be Requested

(a) Any operator authorized by this

permit may request to be excluded from

the coverage of this general permit by

applying for an individual permit.

(b) When an individual NPDES permit

is issued to an operator otherwise

subject to this general permit, the

applicability of this permit to the owner

or operator is automatically terminated

on the effective date of this individual

permit.

(c) A source excluded from coverage

under this general permit solely because

it already has an individual permit may

request that its individual permit be

revoked, and that it be covered by this

general permit. Upon revocation of the

individual permit, this general permit

shall apply to the source.

3. Permit Reopener Clause

If applicable new or revised effluent

limitations guidelines or New Source

Performance Standards covering the

Offshore Subcategory of the Oil and Gas

Extraction Point Source Category (40

CFR part 435) are promulgated in

accordance with sections 301(b),

304(b)(2), and 307(a)(2), and the new or

revised effluent limitations guidelines

or New Source Performance Standards

are more stringent than any effluent

limitations in this permit or control a

pollutant not limited in this permit, the

permit may, at the Director’s discretion,

be modified to conform to the new or

revised effluent limitations guidelines.

Notwithstanding the above, if an

offshore oil and gas extraction point

source discharge facility is subject to the

ten year protection period for new

source performance standards under the

Clean Water Act section 306(d), this

reopener clause may not be used to

modify the permit to conform to more

stringent new source performance

standards or technology based standards

developed under section 301(b)(2)

during the ten year period specified in

40 CFR part 122.29(d).

The Director may modify this permit

upon meeting the conditions set forth in

this reopener clause.

Section G. Definitions

All definitions contained in section

502 of the Act shall apply to this permit

and are incorporated herein by

references. Unless otherwise specified

in this permit, additional definitions of

words or phrases used in this permit are

as follows:

1. ‘‘Act’’ means the Clean Water Act

(33 U.S.C. 1251 et. seq.), as amended.

2. ‘‘Administrator’’ means the

Administrator of the U.S.

Environmental Protection Agency.

3. ‘‘Annual Average’’ means the

average of all discharges sampled and/

or measured during a calendar year in

which daily discharges are sampled

and/or measured, divided by the

number of discharges sampled and/or

measured during such year.

4. ‘‘Applicable effluent standards and

limitations’’ means all state and Federal

effluent standards and limitations to

which a discharge is subject under the

Act, including, but not limited to,

effluent limitations, standards of

performance, toxic effluent standards

and prohibitions, and pretreatment

standards.

5. ‘‘Applicable water quality

standards’’ means all water quality

standards to which a discharge is

subject under the Act.

6. ‘‘Areas of Biological Concern’’

means a portion of the territorial seas

identified by EPA, in consultation with

the Department of Interior as containing

potentially productive or unique

biological communities or as being
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59699

potentially sensitive to discharges

associated with oil and gas activities.

7. ‘‘Blow-Out Preventer Control

Fluid’’ means fluid used to actuate the

hydraulic equipment on the blow-out

preventer or subsea production

wellhead assembly.

8. ‘‘Boiler Blowdown’’ means

discharges from boilers necessary to

minimize solids build-up in the boilers,

including vents from boilers and other

heating systems.

9. ‘‘Bulk Discharge’’ any discharge of

a discrete volume or mass of effluent

from a pit tank or similar container that

occurs on a one-time, infrequent or

irregular basis.

10. ‘‘Bypass’’ means the intentional

diversion of waste streams from any

portion of a treatment facility.

11. ‘‘Completion Fluids’’ means salt

solutions, weighted brines, polymers

and various additives used to prevent

damage to the well bore during

operations which prepare the drilled

well for hydrocarbon production. These

fluids move into the formation and

return to the surface as a slug with the

produced water. Drilling muds

remaining in the wellbore during

logging, casing, and cementing

operations or during temporary

abandonment of the well are not

considered completion fluids and are

regulated by drilling fluids

requirements.

12. ‘‘Daily Discharge’’ means the

discharge of a pollutant measured

during a calendar day or any 24-hour

period that reasonably represents the

calendar day for purposes of sampling.

For pollutants with limitations

expressed in terms of mass, the daily

discharge is calculated as the total mass

of the pollutant discharged over the

sampling day. For pollutants with

limitations expressed in other units of

measurement, the daily discharge is

calculated as the average measurement

of the pollutant over the sampling day.

Daily discharge determination of

concentration made using a composite

sample shall be the concentration of the

composite sample. When grab samples

are used, the daily discharge

determination of concentration shall be

arithmetic average (weighted by flow

value) of all samples collected during

that sampling day.

13. ‘‘Daily Average’’ (also known as

monthly average) discharge limitations

means the highest allowable average of

daily discharge(s) over a calendar

month, calculated as the sum of all daily

discharge(s) measured during a calendar

month divided by the number of daily

discharge(s) measured during that

month. When the permit establishes

daily average concentration effluent

limitations or conditions, the daily

average concentration means the

arithmetic average (weighted by flow) of

all daily discharge(s) of concentration

determined during the calendar month

where C=daily concentration, F=daily

flow, and n=number of daily samples;

daily average discharge=

C F C F C F

F F F

n n

n

1 1 2 2

1 2

+ + ⋅⋅⋅ +

+ + ⋅⋅⋅ +

.

14. ‘‘Daily Maximum’’ discharge

limitations means the highest allowable

‘‘daily discharge’’ during the calendar

month.

15. ‘‘Desalinization Unit Discharge’’

means wastewater associated with the

process of creating freshwater from

seawater.

16. ‘‘Deck Drainage’’ means any waste

resulting from deck washings, spillage,

rainwater, and runoff from gutters and

drains including drip pans and work

areas within facilities covered under

this permit.

17. ‘‘Development Drilling’’ means the

drilling of wells required to efficiently

produce a hydrocarbon formation or

formations.

18. ‘‘Development Facility’’ means

any fixed or mobile structure that is

engaged in the drilling of productive

wells.

19. ‘‘Diatomaceous Earth Filter

Media’’ means filter media used to filter

seawater or other authorized completion

fluids and subsequently washed from

the filter.

20. ‘‘Diesel Oil’’ means the grade of

distillate fuel oil, as specified in the

American Society for Testing and

Materials Standard Specification D975–

81, that is typically used as the

continuous phase in conventional oilbased drilling fluids.

21. ‘‘Director’’ means the State

Director or an authorized representative.

22. ‘‘Domestic Waste’’ means material

discharged from galleys, sinks, showers

and baths, safety showers, eye wash

stations, hand washing stations, fish

cleaning stations, and laundries.

Domestic Waste does not include

drainage from toilets, urinals, hospitals,

and cargo spaces.

23. ‘‘Drill Cuttings’’ means particles

generated by drilling into the subsurface

geological formations including cured

cement carried to the surface with the

drilling fluid.

24. ‘‘Drilling Fluids’’ means the

circulating fluid (mud) used in the

rotary drilling of wells to clean and

condition the hole and to

counterbalance formation pressure. A

water-based drilling fluid is the

conventional drilling mud in which

water is the continuous phase and the

suspending medium for solids, whether

or not oil is present. An oil based

drilling fluids has diesel oil, mineral oil,

or some other oil as its continuous

phase with water as the dispersed

phase.

25. ‘‘Environmental Protection

Agency’’ (EPA) means the U.S.

Environmental Protection Agency.

26. ‘‘Excess Cement Slurry’’ means

the excess mixed cement, including

additives and wastes from equipment

wash down, after a cementing operation.

27. ‘‘Exploratory Facility’’ means any

fixed or mobile structure that is engaged

in the drilling of wells to determine the

nature of potential hydrocarbon

reservoirs.

28. ‘‘Fecal Coliform Bacteria Sample’’

consists of one effluent grab portion

collected during a 24-hour period at

peak loads.

29. ‘‘Grab sample’’ means an

individual sample collected in less than

15 minutes.

30. ‘‘Garbage’’ means all kinds of food

waste, wastes generated in living areas

on the facility, and operational waste,

excluding fresh fish and parts thereof,

generated during the normal operation

of the facility and liable to be disposed

of continuously or periodically, except

domestic waste water such as dishwater,

and those substances that are defined or

listed in other Annexes to MARPOL 73/

78

31. ‘‘Inverse Emulsion Drilling

Fluids’’ means an oil-based drilling

fluid which also contains a large

amount of water.

32. ‘‘Live bottom areas’’ means those

areas which contain biological

assemblages consisting of such sessile

invertebrates as seas fans, sea whips,

hydroids, anemones, ascideians

sponges, bryozoans, seagrasses, or corals

living upon and attached to naturally

occurring hard or rocky formations with

fishes and other fauna.

33. ‘‘Maintenance waste’’ means

materials collected while maintaining

and operating the facility, including, but

not limited to, soot, machinery deposits,

scraped paint, deck sweepings, wiping

wastes, and rags.

34. ‘‘Muds, Cuttings, and Cement at

the Sea floor’’ means discharges that

occur at the sea floor prior to

installation of the marine riser and

during marine riser disconnect, well

abandonment and plugging operations.

35. ‘‘National Pollutant Discharge

Elimination System’’ (NPDES) means

the national program for issuing,

modifying, revoking, and reissuing,

terminating, monitoring, and enforcing

permits, and imposing and enforcing

pretreatment requirements, under
59700 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

section 307, 318, 402, and 405 of the

Act.

36. ‘‘New Source’’ means any facility

or activity that meets the definition of

‘‘new source’’ under 40 CFR part 122.2

and meets the criteria for determination

of new sources under 40 CFR part

122.29(b) applied consistently with all

of the following definitions:

(a) The term ‘‘water area’’ as used in

the term ‘‘site’’ in 40 CFR parts 122.29

and 122.2 shall mean the water area and

ocean floor beneath any exploratory,

development, or production facility

where such facility is conducting its

exploratory, development, or

production activities.

(b) The term ‘‘significant site

preparation work’’ as used in 40 CFR

part 122.29 shall mean the process of

surveying, clearing, or preparing an area

of the ocean floor for the purpose of

constructing or placing a development

or production facility on or over the site.

37. ‘‘Operational waste’’ means all

cargo associated waste, maintenance

waste, cargo residues, and ashes and

clinkers from incinerators and coal

burning boilers.

38. ‘‘Packer Fluid’’ means low solids

fluids between the packer, production

string and well casing. They are

considered to be workover fluids.

39. ‘‘Priority Pollutants’’ means those

chemicals or elements identified by

EPA, pursuant to section 307 of the

Clean Water Act and 40 CFR part

401.15.

40. ‘‘Produced Sand’’ means slurried

particles used in hydraulic fracturing,

the accumulated formation sands, and

scale particles generated during

production. Produced sand also

includes desander discharge from

produced water waste stream and

blowdown of water phase from the

produced water treating system.

41. ‘‘Produced Water’’ means the

water (brine) brought up from the

hydrocarbon-bearing strata during the

extraction of oil and gas, and can

include formation water, injection

water, and any chemicals added

downhole or during the oil/water

separation process.

42. ‘‘Production Facility’’ means any

fixed or mobile structure that is either

engaged in well completion or used for

active recovery of hydrocarbons from

producing formations.

43. ‘‘Sanitary Waste’’ means human

body waste discharged from toilets and

urinals.

44. ‘‘Severe property damage’’ means

substantial physical damage to property,

damage to the treatment facilities which

cause them to become inoperable, or

substantial and permanent loss of

natural resources which can reasonably

be expected to occur in the absence of

a bypass. Severe property damage does

not mean economic loss caused by

delays in production.

45. ‘‘Sheen’’ means a silvery or

metallic sheen, gloss, or increased

reflectivity, visual color or iridescence

on the water surface.

46. ‘‘Source Water and Sand’’ means

water from non-hydrocarbon bearing

formations for the purpose of pressure

maintenance or secondary recovery

including the entrained solids.

47. ‘‘Spotting’’ means the process of

adding a lubricant (spot) downhole to

free stuck pipe.

48. ‘‘Territorial Seas’’ means the belt

of the seas measured from the line of

ordinary low water along that portion of

the coast which is in direct contact with

the open sea and the line marking the

seaward limit of inland waters, and

extending seaward a distance of three

miles.

49. ‘‘Trace Amounts’’ means that if

materials added downhole as well

treatment, completion, or workover

fluids do not contain priority pollutants

then the discharge is assumed not to

contain priority pollutants, except

possibly in trace amounts.

50. ‘‘Uncontaminated Ballast/Bilge

Water’’ means seawater added or

removed to maintain proper draft.

51. ‘‘Uncontaminated Freshwater’’

means freshwater which is discharged

without the addition of chemicals;

included are (1) discharges of excess

freshwater that permit the continuous

operation of fire control and utility lift

pumps, (2) excess freshwater from

pressure maintenance and secondary

recovery projects, (3) water released

during training and testing of personnel

in fire protection, and (4) water used to

pressure test new piping.

52. ‘‘Uncontaminated Seawater’’

means seawater which is returned to the

sea without the addition of chemicals.

Included are (1) discharges of excess

seawater which permit the continuous

operation of fire control and utility lift

pumps (2) excess seawater from

pressure maintenance and secondary

recovery projects (3) water released

during the training and testing of

personnel in fire protection (4) seawater

used to pressure test new piping, and (5)

once through noncontact cooling water

which has not been treated with

biocides.

53. ‘‘Upset’’ means an exceptional

incident in which there is unintentional

and temporary noncompliance with

technology-based permit effluent

limitations because of factors beyond

the reasonable control of the permittee.

An upset does not include

noncompliance to the extent caused by

operational error, improperly designed

treatment facilities, inadequate

treatment facilities, lack of preventive

maintenance, or careless or improper

operation.

54. ‘‘Weekly Average’’ means the

highest allowable average of daily

discharge(s) over a calendar week,

calculated as the sum of all daily

discharge(s) measured during a calendar

week divided by the number of daily

discharge(s) measured during that week.

When the permit establishes daily

average concentration effluent

limitations or conditions, the daily

average concentration means the

arithmetic average (weighted by flow) of

all daily discharge(s) of concentration

determined during the calendar week

where C=daily concentration, F=daily

flow, and n=number of daily samples;

daily average discharge=

C F C F C F

F F F

n n

n

1 1 2 2

1 2

+ + ⋅⋅⋅ +

+ + ⋅⋅⋅ +

.

55. ‘‘Well Treatment Fluids’’ mean

any fluid used to restore or improve

productivity by chemically or

physically altering hydrocarbon-bearing

strata after a well has been drilled.

These fluids move into the formation

and return to the surface as a slug with

the produced water. Stimulation fluids

include substances such as acids,

solvents, and propping agents.

56. ‘‘Workover Fluids’’ mean salt

solutions, weighted brines, polymers,

and other specialty additives used in a

producing well to allow safe repair and

maintenance or abandonment

procedures. High solids drilling fluids

used during work over operations are

not considered work over fluids by

definition and therefore discharge is

prohibited. Packer fluids, low solids

fluids between the packer, production

string and well casing, are considered to

be workover fluids and must meet only

the effluent requirements imposed on

workover fluids.

57. The term ‘‘MGD’’ shall mean

million gallons per day.

58. The term ‘‘mg/l’’ shall mean

milligrams per liter or parts per million

(ppm).

59. The term ‘‘ug/l’’ shall mean

micrograms per liter or parts per billion

(ppb).
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59701

Appendix A

TABLE 1–A.—PRODUCED WATER CRITICAL DILUTION (PERCENT EFFLUENT) DEPTH DIFFERENCE BETWEEN THE DISCHARGE PIPE AND THE SEA FLOOR 2

METERS AND LESS

Discharge rate (bbl/day)

Pipe diameter (inches)

>0′′ to 5′′ ≥5′′ to 7′′ ≥7′′ to 9′′ ≥9′′ to 11′′ ≥11′′ to 15′′ ≥15′′

≥500 ...................................................................... 0.26 0.26 0.26 0.11 0.1 0.09

501 to 1,000 .......................................................... 0.66 0.66 0.66 0.66 0.66 0.66

1,001 to 2,000 ....................................................... 1.44 1.44 1.44 1.44 1.44 1.44

2,001 to 3,000 ....................................................... 2.63 2.2 2.2 2.2 2.2 2.2

3,001 to 4,000 ....................................................... 4.2 3.0 3.0 3.0 3.0 3.0

4,001 to 5,000 ....................................................... 5.6 3.6 3.6 3.6 3.6 3.6

5,001 to 7,500 ....................................................... 7.6 6.4 5.3 5.3 5.3 5.3

7,501 to 10,000 ..................................................... 8.8 9.4 6.8 6.8 6.8 6.8

10,001 to 15,000 ................................................... 10.5 12.25 10.8 9.1 9.1 9.1

15,001 to 20,000 ................................................... 11.5 13.6 14.8 10.9 10.9 10.1

20,001 to 35,000 ................................................... 13.0 15.6 17.4 18.7 15.4 14.4

35,001 to 50,000 ................................................... 13.7 16.5 18.5 20.0 21.1 16.6

50,001 to 75,000 ................................................... 16.7 17.3 19.5 21.0 22.25 19.0

bbl/day means barrels per day.

TABLE 1–B.—PRODUCED WATER CRITICAL DILUTION (PERCENT EFFLUENT) DEPTH DIFFERENCE BETWEEN THE

DISCHARGE PIPE AND THE SEA FLOOR GREATER THAN 2 METERS TO 4 METERS

Discharge rate (bbl/day)

Pipe diameter (inches)

>0’’ to 5’’ ≥5’’ to 7’’ ≥7’’ to 9’’ ≥9’’ to 11’’ ≥11’’ to 15’’ ≥15’’

≥500 ...................................................................... 0.1 0.1 0.1 0.1 0.1 0.1

501 to 1,000 .......................................................... 0.2 0.2 0.2 0.2 0.2 0.2

1,001 to 2,000 ....................................................... 0.36 0.36 0.36 0.36 0.36 0.36

2,001 to 3,000 ....................................................... 0.74 0.65 0.65 0.65 0.65 0.65

3,001 to 4,000 ....................................................... 1.1 0.86 0.86 0.86 0.86 0.86

4,001 to 5,000 ....................................................... 1.55 1.05 1.05 1.05 1.05 1.05

5,001 to 7,500 ....................................................... 3.0 1.74 1.5 1.5 1.5 1.5

7,501 to 10,000 ..................................................... 4.6 2.6 2.0 2.0 2.0 2.0

10,001 to 15,000 ................................................... 5.8 4.9 3.2 2.8 2.8 2.8

15,001 to 20,000 ................................................... 6.2 7.6 5.0 3.6 3.5 3.5

20,001 to 35,000 ................................................... 6.7 8.8 9.8 7.5 5.9 5.6

35,001 to 50,000 ................................................... 7.0 9.2 11.0 11.2 8.9 6.9

50,001 to 75,000 ................................................... 7.15 9.5 11.4 13.0 13.5 8.5

bbl/day means barrels per day.

TABLE 1–C.—PRODUCED WATER CRITICAL DILUTION (PERCENT EFFLUENT) DEPTH DIFFERENCE BETWEEN THE

DISCHARGE PIPE AND THE SEA FLOOR GREATER THAN 4 METERS TO 6 METERS

Discharge rate (bbl/day)

Pipe diameter (inches)

>0′′ to 5′′ ≥5′′ to 7′′ ≥7′′ to 9′′ ≥9′′ to 11′′ ≥11′′ to 15′′ ≥15′′

≥500 ...................................................................... 0.04 0.04 0.04 0.04 0.04 0.04

501 to 1,000 .......................................................... 0.09 0.09 0.09 0.09 0.09 0.09

1,001 to 2,000 ....................................................... 0.17 0.17 0.17 0.17 0.17 0.17

2,001 to 3,000 ....................................................... 0.26 0.24 0.24 0.24 0.24 0.24

3,001 to 4,000 ....................................................... 0.37 0.31 0.31 0.31 0.31 0.31

4,001 to 5,000 ....................................................... 0.6 0.5 0.5 0.5 0.5 0.5

5,001 to 7,500 ....................................................... 1.14 0.8 0.7 0.7 0.7 0.7

7,501 to 10,000 ..................................................... 1.8 1.1 0.9 0.9 0.9 0.9

10,001 to 15,000 ................................................... 3.5 2.0 1.4 1.3 1.3 1.3

15,001 to 20,000 ................................................... 4.3 3.1 2.1 1.7 1.7 1.7

20,001 to 35,000 ................................................... 4.6 6.2 4.8 3.6 2.8 2.7

35,001 to 50,000 ................................................... 4.8 6.5 7.2 5.7 4.6 3.6

50,001 to 75,000 ................................................... 4.9 6.6 8.2 8.8 7.3 4.8

bbl/day means barrels per day.
59702 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

TABLE 1–D. PRODUCED WATER CRITICAL DILUTION (PERCENT EFFLUENT) DEPTH DIFFERENCE BETWEEN THE DISCHARGE

PIPE AND THE SEA FLOOR GREATER THAN 6 METERS TO 9 METERS

Discharge rate (bbl/day)

Pipe diameter (inches)

>0′′ to 5′ ≥5′′ to 7′′ ≥7′′ to 9′′ ≥9′′ to 11′′ ≥11′ to 15′′ ≥15′′

≤500 ...................................................................... 0.04 0.04 0.04 0.04 0.04 0.04

501 to 1,000 .......................................................... 0.06 0.06 0.06 0.06 0.06 0.06

1,001 to 2,000 ....................................................... 0.1 0.1 0.1 0.1 0.1 0.1

2,001 to 3,000 ....................................................... 0.15 0.14 0.14 0.14 0.14 0.14

3,001 to 4,000 ....................................................... 0.21 0.18 0.18 0.18 0.18 0.18

4,001 to 5,000 ....................................................... 0.27 0.22 0.22 0.22 0.22 0.22

5,001 to 7,500 ....................................................... 0.6 0.43 0.41 0.41 0.41 0.41

7,501 to 10,000 ..................................................... 0.9 0.62 0.53 0.53 0.53 0.55

10,001 to 15,000 ................................................... 1.8 1.1 0.83 0.76 0.76 0.76

15,001 to 20,000 ................................................... 2.8 1.6 1.2 1.0 1.0 1.0

20,001 to 35,000 ................................................... 3.6 3.7 2.6 2.0 1.7 1.6

35,001 to 50,000 ................................................... 3.7 5.0 4.3 3.3 2.6 2.2

50,001 to 75,000 ................................................... 3.7 5.1 6.4 5.4 4.4 3.1

bbl/day means barrels per day.

TABLE 1–E.—PRODUCED WATER CRITICAL DILUTION (PERCENT EFFLUENT) DEPTH DIFFERENCE BETWEEN THE

DISCHARGE PIPE AND THE SEA FLOOR GREATER THAN 9 METERS

Discharge rate (bbl/day)

Pipe diameter (inches)

>0′′ to 5′′ ≥5′′ to 7′′ ≥7′′ to 9′′ ≥9′′ to 11′′ ≥11′ to 15′′ ≥15′′

≤500 ...................................................................... 0.04 0.04 0.04 0.04 0.04 0.04

501 to 1,000 .......................................................... 0.06 0.06 0.06 0.06 0.06 0.06

1,001 to 2,000 ....................................................... 0.09 0.09 0.09 0.09 0.09 0.09

2,001 to 3,000 ....................................................... 0.11 0.1 0.1 0.1 0.1 0.1

3,001 to 4,000 ....................................................... 0.13 0.12 0.12 0.12 0.12 0.12

4,001 to 5,000 ....................................................... 0.15 0.13 0.13 0.13 0.13 0.13

5,001 to 7,500 ....................................................... 0.22 0.18 0.18 0.18 0.18 0.18

7,501 to 10,000 ..................................................... 0.42 0.32 0.3 0.3 0.3 0.3

10,001 to 15,000 ................................................... 0.8 0.53 0.44 0.42 0.42 0.42

15,001 to 20,000 ................................................... 1.3 0.8 0.62 0.54 0.54 0.54

20,001 to 35,000 ................................................... 2.7 1.8 1.3 1.0 0.9 0.9

35,001 to 50,000 ................................................... 2.7 3.0 2.2 1.7 1.4 1.2

50,001 to 75,000 ................................................... 2.8 3.9 3.7 3.0 2.4 1.7

bbl/day means barrels per day.

TABLE 2.—MINIMUM VERTICAL PORT SEPARATION DISTANCE TO AVOID INTERFERENCE

Port flow rate (bbl/day)

Minimum separation distance (m)

0–500 ................................................................................................................................................................................................... 2.2

501–1000 ............................................................................................................................................................................................. 2.7

1001–2000 ........................................................................................................................................................................................... 4.7

2001–5000 ........................................................................................................................................................................................... 4.8

5001 and Greater ................................................................................................................................................................................. 6.6

TABLE 3.—CRITICAL DILUTIONS (PERCENT EFFLUENT) FOR TOXICITY LIMITATIONS FOR SEAWATER AND FRESHWATER TO

WHICH TREATMENT CHEMICALS HAVE BEEN ADDED

Depth difference** (meters) Discharge rate (bbl/day)

Pipe diameter

>0′′ to 2′′ >2′′ to 4′′ >4′′ to 6′′ >6′′

0 to 3 ...................................................... 0 to 1,000 ............................................. 11.4 5.1 5.1 6.3

1,001 to 10,000 .................................... 38 53 62 67

Greater than 10,000 ............................. 49 66 74 77

>3 to 5 .................................................... 0 to 1,000 ............................................. 4.0 4.8 6.6 6.2

1,001 to 10,000 .................................... 16.1 25 30 23

Greater than 10,000 ............................. 23.6 33.3 39 49

>5 to 7 .................................................... 0 to 1,000 ............................................. 4.0 4.8 5.6 6.2

1,001 to 10,000 .................................... 12.8 21 18.1 18.8

Greater than 10,000 ............................. 16.7 25.4 31.2 34.4

Greater than 7 ....................................... 0 to 1,000 ............................................. 4.0 4.8 5.6 6.2
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59703

TABLE 3.—CRITICAL DILUTIONS (PERCENT EFFLUENT) FOR TOXICITY LIMITATIONS FOR SEAWATER AND FRESHWATER TO

WHICH TREATMENT CHEMICALS HAVE BEEN ADDED—Continued

Depth difference** (meters) Discharge rate (bbl/day)

Pipe diameter

>0′′ to 2′′ >2′′ to 4′′ >4′′ to 6′′ >6′′

1,001 to 10,000 .................................... 9.8 16.3 18.1 18.8

Greater than 10,000 ............................. 12.4 18.8 25.2 26.3

Depth Difference means the distance in water depth between the discharge pipe and the seafloor.

TABLE 3.—EFFLUENT LIMITATIONS, PROHIBITIONS AND MONITORING REQUIREMENTS

Discharge

Regulated and

monitored discharged

parameter

Discharge limitation/prohibition

Monitoring requirement

Measurement

frequency

Sample type/method Recorded value(s)

Drilling fluid .......................................... .............................. No Discharge

Drill cuttings ......................................... .............................. No Discharge

Deck drainage ...................................... Free Oil ................ No free oil Once/day(*2) ........ Visual sheen ........ Number of days

sheen observed.

Produced water .................................... Oil and grease ..... 42 mg/l daily max.

29 mg/l monthly

average

One/month ........... Grab (*3) .............. Dail max., monthly

average.

Toxicity ................. 7-day average

min. NOEC

(*10) and

monthly average

min. NOEC

(*10).

Dilution Dependent (*9).Grab ..................... Lowest NOEC for

either of the two

species.

Benzene, Lead,

Total Phenols,

and Thallium.

See Part I.B.3.a ... Dilution Dependent (*9).Grab ..................... Daily max., monthly average.

Radium 226 and

228.

Monitor ................. Dilution Dependent (*9).Grab ..................... pCi/liter.

Flow (MGD) ......... Monitor ................. Once/month ......... Estimate ............... Monthly Average.

Produced Sand .................................... .............................. No Discharge

Well treatment fluids (*4) completion

fluids (*4), and workover fluids (*4)

(includes packer fluids).

Free oil ................. No free oil ............ Once day (*1) ...... Statics sheen ....... Number of days

sheen observed.

Oil and Grease .... 42 mg/l daily

maxo.,

29 mg/l monthly

avg.

Once/month ......... Grab (*3) .............. Daily max., monthly average.

Sanitary waste ..................................... Residual chlorine 1 mg/l (minimum) Once/month ......... Grab ..................... Concentration.

Solids ................... No Floating Solids Once/day .............. Observation (*8) ... Number days solids observed.

BOD5 (*6) ............ 45 mg/l ................. Once/six months .. Grab ..................... Concentration.

TSS (*6) ............... 45 mg/l ................. Once/six month .... Grap ..................... Concentration

Domestic waste .................................... Solids ................... No floating solids

or foam.

Once/day .............. Observation (*8) ... Number of days

observed.

Miscellaneous discharges. Desalinization unit discharge; blowout preventer fluid; uncontaminated ballast

water; uncontaminated bilge water;

uncontaminated freshwater; mud,

cuttings and cement to sea floor;

uncontaminted seawater; boiler

blowdown; source water and sand;

diatomaceous earth filter media; excess cement slurry.

Free oil ................. No free oil ............ Once/week (*5) .... Visual sheen ........ Number of days

sheen observed.
59704 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

TABLE 3.—EFFLUENT LIMITATIONS, PROHIBITIONS AND MONITORING REQUIREMENTS—Continued

Discharge

Regulated and

monitored discharged

parameter

Discharge limitation/prohibition

Monitoring requirement

Measurement

frequency

Sample type/method Recorded value(s)

Miscellaneous discharges of seawater

and freshwater to which treatment

chemicals have been added: excess

seawater which permits the continuous operation of fire control and utility lift pumps, excess seawater from

pressure maintenance and secondary recovery projects, water released during training of personnel

in fire protection, seawater used to

pressure test new piping and new

pipelines, ballast water, oncethrough non-contact cooling water,

desalinization unit discharge.

Treatment chemicals.Most stringent of:

EPA label registration, maximum manufacturers recommended

dose, or 500

mg/l

Free oil ................. No free oil ............ 1/week .................. Visible sheen ....... Number of days

sheen observed.

Toxicity ................. 48-hour average

min. NOEC and

monthly avg

minimum NOEC

(*12).

Rate Dependent

(*11).

Grab ..................... Lowest NOEC observed for either

of the two species.

Footnotes

*1 When discharging.

*2 When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface

of the receiving water is possible in the vicinity of the discharge.

*3 May be based on a single grab sample or the arithmetic average of four grab sample results collected in the 24 hr. period.

*4 No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported unless requested by EPA.

*5 When discharging for cement at the seafloor and blowout preventer fluid. All other miscellaneous discharges: when discharging, discharge is

authorized only during times when visual sheen observation is possible, unless the static sheen method is used. Uncontaminated seawater

uncontaminated freshwater, source water and source sand, uncontaminated bilge water, and uncontaminated ballast water from platforms on

automatic purge systems may be discharged without monitoring from platforms which are not manned.

*6BOD5 and TSS limits only apply to discharges less than 2,500 gallons per day.

*7 Hach method CN–66 DPD approved. Minimum of 1 mg/l and maintained as close to this concentration as possible.

*8 Monitoring shall be accomplished during daylight by visual observation of the surface of the receiving water in the vicinity of sanitary and domestic waste outfalls. Observations shall be made following either the morning or midday meals at a time of maximum estimated discharge.

*9See Part I, section B.3.c. of this permit.

*10See Table 1, Appendix A.

*11 Once/year for discharges from 0 bbl/day to 499 bbl/day, once/quarter for discharges from 500 bbl/day to 4,599 bbl/day, and once/month for

discharges of 4,600 bbl/day and greater.

*12See Table 3, Appendix A.

[FR Doc. 97–29152 Filed 11–4–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL RESERVE SYSTEM

Agency Information Collection

Activities: Proposed Collection;

Comment Request

AGENCY: Board of Governors of the

Federal Reserve System (Board)

ACTION: Notice and request for comment.

SUMMARY: In accordance with the

requirements of the Paperwork

Reduction Act of 1995 (44 U.S.C.

chapter 35), the Board, the Federal

Deposit Insurance Corporation (FDIC),

and the Office of the Comptroller of the

Currency (OCC) (the ‘‘Agencies’’) may

not conduct or sponsor, and the

respondent is not required to respond

to, an information collection that has

been extended, revised, or implemented

on or after October 1, 1995, unless it

displays a currently valid Office of

Management and Budget (OMB) control

number. Proposed revisions to the

following currently approved collection

of information have received approval

from the Federal Financial Institutions

Examination Council (FFIEC), of which

the Agencies are members, and are

hereby published for comment by the

Board on behalf of the Agencies. At the

end of the comment period, the

comments and recommendations

received will be analyzed to determine

the extent to which the proposed

revisions should be modified prior to

the Board’s submission of them to OMB

for review and approval. Comments are

invited on:

(a) Whether the proposed revisions to

the following collection of information

are necessary for the proper

performance of the Agencies’ functions,

including whether the information has

practical utility;

(b) The accuracy of the Agencies’

estimate of the burden of the

information collection as it is proposed

to be revised, including the validity of

the methodology and assumptions used;

(c) Ways to enhance the quality,

utility, and clarity of the information to

be collected; and

(d) Ways to minimize the burden of

information collection on respondents,

including through the use of automated

collection techniques or other forms of

information technology.

DATES: Comments must be submitted on

or before January 5, 1998.

ADDRESSES: Interested parties are

invited to submit written comments to

the agency listed below. All comments,

which should refer to the OMB control

number, will be shared among the

Agencies.

Written comments should be

addressed to Mr. William W. Wiles,