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[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55196-55199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19099]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9950-23-Region 4]

Notice of Draft National Pollutant Discharge Elimination System 
(NPDES) General Permit for the Eastern Portion of the Outer Continental 
Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft 
Environmental Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Reissuance of NPDES General Permit, Notice 
to States of Mississippi, Alabama and Florida for Consistency Review 
with approved Coastal Management Programs.

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SUMMARY: The Regional Administrator of EPA Region 4 (the ``Region'') is 
today proposing to reissue the National

[[Page 55197]]

Pollutant Discharge Elimination System (NPDES) general permit for the 
Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No. 
GEG460000) for discharges in the Offshore Subcategory of the Oil and 
Gas Extraction Point Source Category. The draft permit pertains to 
discharges from exploration, development, and production facilities 
located in and discharging, to all Federal waters of the eastern 
portion of the Gulf of Mexico seaward of the outer boundary of the 
territorial seas, and covers existing and new source facilities with 
operations located on Federal leases occurring in water depths seaward 
of 200 meters, occurring offshore the coasts of Alabama and Florida. 
The western boundary of the coverage area is demarcated by Mobile and 
Visoca Knoll lease blocks located seaward of the outer boundary of the 
territorial seas from the coasts of Mississippi and Alabama. Individual 
permits will be issued for operating facilities on lease blocks 
traversed by and shoreward of the 200 meter water depth.
    As proposed, this Draft NPDES general permit includes, best 
conventional pollutant control technology (BCT), and best available 
technology economically achievable (BAT) limitations for existing 
sources and new source performance standards (NSPS) limitations for new 
sources as promulgated in the effluent guidelines for the offshore 
subcategory. The draft permit also includes the following changes to 
the expired permit: (1) New electronic reporting requirements; (2) new 
whole effluent toxicity testing sampling and reporting requirements for 
well treatment, completion, and workover fluids not discharged with 
produced wastewaters; (3) requirements to submit additional information 
pertaining to the chemicals and additives used in well treatment, 
completion and workover operations; and (4) clarification regarding 
types of operators. Region 4 is also making available a Draft 
Environmental Assessment (EA) for review during the 30 day public 
comment period for this general permit. The Draft EA addresses 
potential impacts from proposed changes to the general permit, and it 
considers recent technical studies.

DATES: Comments must be received by September 17, 2016.

ADDRESSES: The Draft NPDES general permit, permit fact sheet, Draft EA 
and other relevant documents are on file and may be inspected any time 
between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address 
shown below. Copies of the Draft NPDES general permit, permit fact 
sheet, Draft EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, Water Protection Division (WPD), NPDES Section, 
Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, 
Georgia 30303-8960, Attention: Ms. Bridget Staples, or by calling (404) 
562-9783. Alternatively, copies of the Draft NPDES general permit, 
permit fact sheet, Draft EA, Essential Fish Habitat Determination and 
preliminary Ocean Discharge Criteria Evaluation may be downloaded at: 
http://www.epa.gov/aboutepa/about-epa-region-4-southeast. Submit 
comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-
8960, Attention: Ms. Bridget Staples.

FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4, 
WPD, NPDES Section, by mail at the Atlanta address given above, by 
telephone at (404) 562-9783 or by email at Staples.Bridget@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Procedures for Reaching a Final Permit Decision

    Pursuant to 40 CFR 124.13, any person who believes any condition of 
the permit is inappropriate must raise all reasonably ascertainable 
issues and submit all reasonably available arguments in full, 
supporting their position, by the close of the comment period. All 
comments on the Draft NPDES general permit and the Draft EA received 
within the 30-day comment period will be considered in the formulation 
of final determination regarding the National Environmental Policy Act 
(NEPA) review and the permit reissuance. After consideration of all 
written comments and the requirements and policies in the CWA and 
appropriate regulations, the EPA Regional Administrator will make a 
determination regarding the Final EA, Finding of No Significant Impact, 
and permit reissuance. If the determination results in a permit that is 
substantially unchanged from the draft permit announced by this notice, 
the Regional Administrator will so notify all persons submitting 
written comments. If the determination results in a permit that is 
substantially changed, the Regional Administrator will issue a public 
notice indicating the revised determination.
    A formal hearing is available to challenge any NPDES permit issued 
according to the regulations at 40 CFR 124.15 and 124.19, except for a 
general permit, as provided at 40 CFR 124.19(o). Persons affected by a 
general permit may not challenge the conditions of a general permit as 
a right in further Agency proceedings. They may instead either 
challenge the general permit in court, or apply for an individual 
permit as authorized at 40 CFR 122.28, in accordance with the 
application requirements set forth at 40 CFR 122.21, and then request a 
formal hearing on the issuance or denial of an individual permit. 
Additional information regarding these procedures is available by 
contacting Mr. Paul Schwartz, Associate Regional Counsel, Office of 
Regional Counsel, at (404) 562-9576.

II. Procedures for Obtaining General Permit Coverage

    Notice of Intent requirements for obtaining coverage for operating 
facilities are stated in Part I Section A.4 of the general permit. 
Coverage under the reissued general permit is effective upon receipt of 
notification of coverage with an assignment of an NPDES general permit 
number from the EPA-Region 4, Director of the Water Protection 
Division. EPA will act on the Notice of Intent (NOI) within a 
reasonable period of time.

III. Exclusion of Non-Operational Leases

    This permit does not apply to non-operational leases, i.e., those 
on which no discharge has taken place in the two (2) years prior to the 
effective date of the reissued general permit. EPA will not initially 
accept NOIs for such leases, and the general permit will not cover such 
leases, except as set forth below. Non-operational leases will lose 
coverage under the previous general permit on the effective date of the 
reissued general permit. No subsequent exploration, development or 
production activities may take place on these leases until and unless 
the lessee has obtained coverage under the new general permit or an 
individual permit. EPA will not accept an NOI or individual permit 
application for non-operational or new acquired leases until such time 
as an Exploration Plan Document or the Development Operations 
Coordination Document has been prepared and submitted to Bureau of 
Energy Management.

IV. State Water Quality Certification

    Because state waters are not included in the area covered by the 
OCS general permit, its effluent limitations and monitoring 
requirements are not subject to state water quality certification under 
CWA Section 401. However, the states of Alabama, Florida and 
Mississippi have been provided a copy of this draft

[[Page 55198]]

general permit, Draft EA to review and submit comments. Copies of these 
documents have also been provided to EPA Headquarters for their review.

V. State Consistency Determination

    This Notice will also serve as Region 4's requirement under the 
Coastal Zone Management Act (CZMA) to provide all necessary information 
for the States of Mississippi, Alabama and Florida to review this 
action for consistency with their approved Coastal Zone Management 
Programs. A copy of the consistency determination on the proposed 
activities is being sent to each affected State, along with a letter 
including this FR notice, which provides the EPA Web site where 
electronic copies can be obtained of the Draft NPDES general permit, 
permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and 
Draft EA. Other relevant information for their review is available upon 
request from each State. Comments regarding State Consistency are 
invited in writing within 30 days of this notice to the WPD, U.S. EPA-
Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.

VI. Public Comment Period and Public Hearings

    The public comment period for the Draft NPDES permit, Draft EA will 
begin on the date of publication of this notice in the Federal Register 
and end 30 calendar days later.

VII. Administrative Record

    The Draft NPDES general permit, permit fact sheet, Draft EA and 
other relevant documents are on file and may be inspected any time 
between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address 
shown below. Copies of the Draft NPDES general permit, permit fact 
sheet, Draft EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, WPD, NPDES Permitting Section, Sam Nunn Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960, 
Attention: Ms. Bridget Staples, or by calling (404) 562-9783. 
Alternatively, copies of the Draft NPDES general permit, permit fact 
sheet, Draft EA, Essential Fish Habitat Determination and preliminary 
Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.

VIII. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health, or safety, or State, local, or Tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. OMB has exempted review of NPDES general permits under the terms 
of Executive Order 12866.

IX. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rule making requirements under the Administrative 
Procedures Act (APA) or any other statute, unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions.
    Issuance of an NPDES general permit is not subject to rule making 
requirements, including the requirement for a general notice of 
proposed rule making, under APA Section 533 or any other law, and is 
thus not subject to the RFA requirements.
    The APA defines two broad, mutually exclusive categories of agency 
action--``rules'' and ``orders.'' APA Section 551(4) defines rule as 
``an agency statement of general or particular applicability and future 
effect designed to implement, interpret or prescribe law or policy or 
describing the organization, procedure, or practice or requirements of 
an agency . . . '' APA Section 551(6) defines orders as ``a final 
disposition . . . of an agency in a matter other than rule making but 
including licensing.'' APA Section 551(8) defines ``license'' to 
``include . . . an agency permit . . . '' The APA thus categorizes a 
permit as an order, which by the APA's definition is not a rule. 
Section 553 of the APA establishes ``rule making'' requirements. APA 
Section 551(5) defines ``rule making'' as ``the agency process for 
formulating, amending, or repealing a rule.'' By its terms, Section 553 
applies only to rules and not to orders, exempting by definition 
permits.

X. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their ``regulatory actions'' to refer to regulations. (See, 
e.g., UMRA Section 401, ``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).'') 
UMRA Section 102 defines ``regulation'' by reference to 2 U.S.C. 658 
which in turn defines ``regulation'' and ``rule'' by reference to 
Section 601(2) of the RFA. That section of the RFA defines ``rule'' as 
``any rule for which the agency publishes a notice of proposed rule 
making pursuant to Section 553(b) of the APA, or any other law.''
    As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' by definition under the APA and thus not 
subject to the APA requirement to publish a notice of proposed rule 
making. 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. 
Therefore, NPDES general permits are not ``rules'' for RFA or UMRA 
purposes.

XI. Paperwork Reduction Act

    The information collection required by this permit has been 
approved by 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 [(NPDES Discharge Monitoring Reports (DMRs)].
    Because this permit is very similar in reporting and application 
requirements and in discharges which are required to be monitored as 
the previous Eastern Gulf of Mexico OCS general permit (GEG460000), the 
paperwork burdens are expected to be nearly identical. When it issued 
the previous 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 prepare DMRs. It is estimated that the time 
required to prepare the request for coverage and DMRs for the reissued 
permit will be approximately the same.

[[Page 55199]]

    Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. 2016-19099 Filed 8-17-16; 8:45 am]
 BILLING CODE 6560-50-P
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