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[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17661-17662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06669]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9792-7]

Proposed Reissuance of a General NPDES Permit for Oil and Gas 
Exploration Facilities in the Federal Waters of Cook Inlet--Permit 
Number AKG-28-5100

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice. Proposed reissuance of a general permit.

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SUMMARY: The EPA proposes to reissue the National Pollutant Discharge 
Elimination System (NPDES) for Oil and Gas Exploration Facilities in 
Federal Waters of Cook Inlet (AKG 31-5000). As proposed, the permit 
would authorize certain discharges of pollutants into Cook Inlet 
Federal Waters from oil and gas exploration facilities subject to 
limits and requirements designed to minimize pollution and protect 
water quality.

DATES: Comments. Interested persons may submit comments on the proposed 
reissuance of the general permit to EPA, Region 10 at the address 
below. Comments must be postmarked by May 21, 2013.
    Public Hearings. Public Hearings are scheduled for the following 
dates, and locations:

(1) Kenai, AK on April 29, 2013, 6:00 to 9:00 p at the Kenai Chamber of 
Commerce and Visitors Center, 11471 Kenai Spur Hwy, Kenai, AK 99611
(2) Homer, AK on April 30, 2013 at the Alaska Maritime National 
Wildlife Refuge Island & Ocean Visitor Center Auditorium, 95 Sterling 
Highway, Suite 1, Homer, AK 99603
(3) Anchorage, AK on May 2, 2013 at the University of Alaska Gorsuch 
Commons Building, Conference Room 106, 3700 Sharon Gagnon Lane, 
Anchorage, AK 98508

    All hearings will begin at 6:00 p.m. and will continue until all 
testimony is heard or until 9:00 p.m., whichever is earlier. Hearing 
statements may be provided orally or in written format. Commenters 
providing oral testimony are encouraged to provide written statements 
to ensure accuracy of the record.

ADDRESSES: Comments on the proposed general permit reissuance should be 
sent to the attention of the Director, Office of Water & Watersheds, 
EPA--Region 10, 1200 Sixth Avenue Suite 900 OWW-130, Seattle, WA 98101. 
Comments may also be submitted electronically to godsey.cindi@epa.gov.

FOR FURTHER INFORMATION CONTACT: Copies of the proposed general permit, 
Fact Sheet and Ocean Discharge Criteria Evaluation are available upon 
request. Requests may be made to Audrey Washington at (206) 553-0523 or 
to Cindi Godsey at (907) 271-6561. Requests may also be electronically 
mailed to: washington.audrey@epa.gov or godsey.cindi@epa.gov. These 
documents may also be found on the EPA Region 10 Web site at http://
yosemite.epa.gov/r10/WATER.NSF/NPDES+Permits/DraftPermitsAK.

SUPPLEMENTARY INFORMATION: The existing NPDES General Permit for Oil 
and Gas Exploration, Development and Production Facilities Located in 
State and Federal Waters in Cook Inlet, NPDES Permit No. AKG-31-5000 
(2007 Permit) expired on July 2, 2012. The 2007 Permit authorized 
discharges from 19 facilities, all located in State Waters, and 
continues in effect for facilities that applied in a timely manner. The 
2007 Permit for discharge to State Waters was transferred to Alaska 
Department of Environmental Conservation (ADEC) in 2013 following 
resolution of a permit appeal pursuant to the Memorandum of Agreement 
between EPA and ADEC. Once ADEC reissues permits that cover the 
discharges to State Waters, coverage under the 2007 permit will end. As 
proposed, the EPA's Permit AKG 28-5100 would reissue the exploration 
component of the 2007 Permit in Federal Waters. Concurrently, ADEC is 
taking action to reissue the exploration permit in State Waters.
    Executive Order 12866: The Office of Management and Budget exempts 
this action from the review requirements of Executive Order 12866 
pursuant to Section 6 of that order.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 601 et seq., a Federal agency must prepare an initial 
regulatory flexibility analysis ``for any proposed rule'' for which the 
agency ``is required

[[Page 17662]]

by section 553 of the Administrative Procedure Act (APA), or any other 
law, to publish general notice of proposed rulemaking.'' The RFA 
exempts from this requirement any rule that the issuing agency 
certifies ``will not, if promulgated, have a significant economic 
impact on a substantial number of small entities.'' EPA has concluded 
that NPDES general permits are permits, not rulemakings, under the APA 
and thus not subject to APA rulemaking requirements or the RFA. 
Notwithstanding that general permits are not subject to the RFA, EPA 
has determined that this GP, as issued, will not have a significant 
economic impact on a substantial number of small entities.

    Dated: March 14, 2013.
Daniel D. Opalski,
Director, Office of Water & Watersheds, Region 10.
[FR Doc. 2013-06669 Filed 3-21-13; 8:45 am]
BILLING CODE 6560-50-P
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