27508 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

of [(1.0 to 3.0 oz., or 0.063 to 0.188 lb.

of active ingredient (a.i.))] per acre per

application, applied in a minimum

application spray volume of 5 gallons

per acre by air or 10 gallons per acre by

ground. A maximum of three

applications have been requested. If

approved, a maximum total rate of 6

ounces of product will not be exceeded

this growing season.

The existence of state regulations/

restrictions prohibit the use of any

alfalfa byproducts of the seed industry

for livestock feed. Applications would

be made between May 1, 1995 and

September 30, 1995.

This notice does not constitute a

decision by EPA on the application

itself. Pirimicarb is classified as a new

chemical by the Agency. The

regulations governing section 18 require

that the Agency publish a notice of

receipt in the Federal Register and

solicit public comment on an

application for a specific exemption if

the applicant proposes use of a new

chemical. Accordingly, interested

persons may submit written views on

this subject to the Field Operations

Division at the address above.

A record has been established for this

notice under docket number ‘‘[OPP180971]’’ (including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this notice, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

ADDRESSES at the beginning of this

document.

The Agency, accordingly, will review

and consider all comments received

during the comment period in

determining whether to issue the

emergency exemptions requested by the

Idaho, Nevada, Oregon, Washington,

and Wyoming Departments of

Agriculture.

List of Subjects

Environmental protection, Pesticides

and pests, Crisis exemptions

Dated: May 8, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 95–12568 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5209–1]

Final NPDES General Permit for

Offshore Oil and Gas Operations on

the Outer Continental Shelf (OCS) and

State Waters of Alaska: Arctic NPDES

General Permit (No. AKG284200)

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final NPDES general

permit.

SUMMARY: The Regional Administrator,

Region 10, is issuing the final Arctic

National Pollutant Discharge

Elimination System (NPDES) general

permit which will authorize offshore oil

and gas stratigraphic test and

exploration wells in the federal and

state waters of the Beaufort and Chukchi

Seas. Development and production

wells are not authorized to discharge by

this general permit.

Notice of the draft Arctic general

permit was published September 20,

1995 (59 FR 48314–48324) and in two

Alaskan newspapers. A brief description

of the basis for the conditions and

requirements of the proposed permit is

given in the fact sheet published at the

aforementioned Federal Register

citation.

The final permit which follows

establishes effluent limitations,

standards, prohibitions, and other

conditions on discharges from facilities

in the area of coverage. The conditions

are based on material contained in the

administrative record. Changes made in

response to comments received during

the public comment period are

addressed in full in a document entitled

‘‘Response to Comments Received on

the Proposed Issuance of the Arctic

General NPDES Permit.’’ This document

is being sent to all commenters and is

available to other parties upon request

at the address provided in this

document.

DATES: The general permit shall become

effective June 23, 1995.

ADDRESSES: Unless other wise noted in

the permit, correspondence regarding

this permit should be sent to

Environmental Protection Agency,

Region 10, Attn: Ocean Programs

Section, WD–137, 1200 Sixth Avenue,

Seattle, Washington, 98101.

Administrative Record: The

administrative record for the final

permit is available for public review at

EPA, Region 10, at the preceding

address.

FOR FURTHER INFORMATION CONTACT:

Anne Dailey, of Region 10, at the

preceding address or telephone (206)

553–2110. Copies of the final general

permit, the response to comments, and

today’s publication will be provided

upon request from the Region 10 Public

Information Center at 1–800–424–4EPA

(4372) or 206–553–1200.

SUPPLEMENTARY INFORMATION:

Organization of This Notice

I. Introduction

II. Basis for Permit Conditions

III. Changes Made from Draft to Final Permit

IV. Other Legal Requirements

A. Oil Spill Requirements

B. Endangered Species Act

C. Coastal Zone Management Act

D. Marine Protection, Research and

Sanctuaries Act

E. State Water Quality Standards and State

Certification

F. Executive Order 12291

G. Paperwork Reduction Act

H. Regulatory Flexibility Act

V. References

Appendix A: List of Changes from Draft to

Final Permit

I. Introduction

EPA issues this general permit

pursuant to its authority under sections

301(b), 304, 306, 307, 308, 401, 402,

403, and 501 of the Clean Water Act and

the U.S. Coast Guard regulations (33

CFR part 151). This permit authorizes

discharges from oil and gas stratigraphic

and exploratory wells in the area of

coverage on the Alaskan Outer

Continental Shelf and contiguous state

waters in the Beaufort and Chukchi

Seas. The area of coverage is defined as

Federal waters of the Beaufort Sea and

Chukchi Sea planning basins as defined

by Minerals Management Service

(MMS) (see U.S. Dept. of the Interior,

1992) and State waters contiguous to the

landward boundary of the Beaufort Sea

and Chukchi Sea planning basins.

Public notice for the draft permit was

published in the Federal Register on

September 20, 1994 (59 FR 48314–

48324) and in the Anchorage Times and
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27509

in the Arctic Sounder on September 20,

1994. The comment period was

scheduled to close on November 21,

1994. In response to requests, the

comment period was formally extended

to close January 20, 1995. Public

hearings were tentatively scheduled to

be held in Barrow and Anchorage,

Alaska but were canceled due to lack of

interest.

The following parties submitted

written comments: Alaska and

Inuvialuit Beluga Whale Committee,

Alaska Oil and Gas Association,

American Petroleum Institute, Baker

Hughes Inteq, British Petroleum, Exxon

Exploration Company, Marathon Oil

Company, Charles Etok Edwardsen, Jr.,

James McCollough, M–I Drilling Fluids,

National Marine Fisheries Service,

Native Village of Point Lay, Alaska,

North Slope Borough, Trustees for

Alaska, U.S. Department of Energy, U.S.

Department of the Interior, and Unocal

Energy Resources Division.

II. Basis for Permit Conditions

Section III of the fact sheet for the

draft permit (59 FR 48315–48317,

September 20, 1995) is incorporated by

reference, as supplemented and

amended below. The fact sheet for the

draft permit, the response to comments

document, the final Ocean Discharge

Criteria Evaluation, and the 401

Certification issued by the State of

Alaska set forth the principal facts and

the significant factual, legal, and policy

questions considered in the

development of the terms and

conditions of the final permit.

III. Changes Made From Draft to Final

Permit

Changes have been made from the

draft permit to the final permit in

response to public comments received

on the draft permit, the final

consistency determination from the

State of Alaska, and the final 401

Certification from the State of Alaska. In

developing the final permit, Region 10

has considered all comments received.

Every attempt has been made to

thoroughly respond to comments raised

during the comment period in the

response to comments document, which

is available upon request. In some

instances, minor wording changes have

been made to the proposed permit

language in order to clarify some points

as a result of comments. In response to

other comments, there have been

substantive changes made to the permit.

The following identifies several

specific areas of change, among others,

which have been embodied in the final

permit: The mud plan requirements

have been refined and clarified; toxicity

testing requirements have been clarified;

discharge restrictions have been placed

on Omalik Lagoon, Naokok Pass, and

Pingaorarok Pass; the areas requiring

environmental monitoring have been

revised and clarified; additional

controls on sanitary wastes have been

included, and a prohibition on the

discharge of putrescible wastes has been

added. Many comments were made

regarding the Best Management

Practices Plan requirements and several

changes were made in response to

comments. Appendix A to this notice

identifies the changes made from the

draft to the final permit. The detailed

response to public comments is

available upon request from the Region

10 Public Information Center at 1–800–

424–4EPA (4372), 1–206–553–1200, or

from the address listed above.

IV. Other Legal Requirements

A. Oil Spill Requirements

Oil spill requirements in the final

permit have been modified to reflect

Executive Order 12777 which

implements provisions of the Oil

Pollution Act of 1990. E.O. 12777

removed offshore facilities from

jurisdiction under EPA and placed them

under Department of Interior (DOI)

jurisdiction. Specifically within DOI,

Minerals Management Service has the

responsibility.

Offshore operators are now required

to submit Oil Spill Contingency Plans to

MMS for review. Additionally,

operators in state waters are required to

submit Oil Discharge Prevention and

Contingency Plans to the Alaska

Department of Environmental

Conservation for review. With the new

requirements, operators in federal or

state waters are no longer required to

develop Spill Prevention, Control, and

Contingency (SPCC) plans under section

311 of the Act.

B. Endangered Species Act

EPA has informally consulted with

the U.S. Fish and Wildlife Service

(USFWS) and the National Marine

Fisheries Service (NMFS) pursuant to

section 7 consultation of the

Endangered Species Act (ESA). EPA has

addressed ESA issues in the Final

Ocean Discharge Criteria Evaluation

(U.S. EPA, 1995a) and the Final

Biological Evaluation (U.S. EPA, 1995b)

for the area of coverage. Based upon

information in the aforementioned

documents, Region 10 concluded that

this final permit is not likely to

adversely affect any endangered or

threatened species nor adversely affect

its critical habitat. EPA requested

comments from USFWS and the NMFS

on this determination. Comments raised

by the USFWS and NMFS have been

addressed. Both agencies concurred in

writing with EPA’s determination of no

adverse effect.

C. Coastal Zone Management Act

The proposed permit and consistency

determination were submitted to the

State of Alaska for state interagency

review at the time of public notice. The

State of Alaska has concurred that the

activities allowed by this permit are

consistent with local and state Coastal

Management Plans.

D. Marine Protection, Research and

Sanctuaries Act

No marine sanctuaries as designated

by this Act exist in the vicinity of the

permit areas.

E. State Water Quality Standards and

State Certification

The State of Alaska has certified

pursuant to section 401 of the Clean

Water Act that the discharges

authorized in state waters by this permit

comply with state water quality

standards and regulations. All

conditions and stipulations included in

the certification have been included in

the final permit.

F. Executive Order 12866

The Office of Management and Budget

has exempted this action from the

review requirements of Executive Order

12866 pursuant to section 8(b) of that

order.

G. Paperwork Reduction Act

EPA has reviewed the requirements

imposed on regulated facilities in this

draft general permit under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq. The information

collection requirements have already

been approved by the Office of

Management and Budget (OMB) in

submissions made for the NPDES permit

program under the provisions of the

Clean Water Act. In addition, the

environmental monitoring requirements

pursuant to section 403(c) of the Clean

Water Act in Part II.B.4. of this permit

are similar to the monitoring

requirements that were approved by

OMB for the previously issued Beaufort

Sea II and Chukchi Sea general permits.

H. The Regulatory Flexibility Act

After review of the facts presented in

the notice of intent printed above, I

hereby certify, pursuant to the

provisions of 5 U.S.C. 605(b), that this

general permit will not have a

significant impact on a substantial

number of small entities. This
27510 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

certification is based on the fact that the

regulated parties have greater than 500

employees and are not classified as

small businesses under the Small

Business Administration regulations

established at 49 FR 5024 et seq.

(February 9, 1984). These facilities are

classified as Major Group 13—Oil and

Gas Extraction SIC 1311 Crude

Petroleum and Natural Gas.

Dated: April 12, 1995.

Chuck Clarke,

Regional Administrator, Region 10.

V. References

U.S. Department of the Interior. 1992. Outer

Continental Shelf Natural Gas and Oil

Resource Management: Comprehensive

Program (1992–1997). Proposed Final.

Minerals Management Service.

U.S. EPA. Region 10. 1995a. Final Ocean

Discharge Criteria Evaluation. Prepared

with assistance from Tetra Tech, Inc.

February 1995.

U.S. EPA. Region 10. 1995b. Final Biological

Evaluation. Prepared with assistance

from Tetra Tech, Inc. February 1995.

Appendix A: List of Changes Made

From the Draft to Final Permit

Below is a list of final permit sections

which have been modified since the

draft permit was proposed. Along with

each permit section identified below,

the specific response to comment

number and/or the certification

stipulation which explains the rationale

and basis for the change is noted.

Cover Page

Response to comment 22

Part I.A.

401 Certification, Stipulation 1

Part I.F.

401 Certification, Stipulation 2

Part II.A.1.

Footnote 1, 401 Certification, Stipulation 3

Footnote 2, Response to comment 11(c)

Footnote 3, 401 Certification, Stipulation 4

Footnote 4, Response to comment 30(a)

Part II.A.1.c.

Response to comment 11(c)

Part II.A.1.d.

401 Certification, Stipulation 5 and

Response to comment 12

Part II.A.1.e.

Response to comment 12

Part II.A.1.g.

Response to comment 13(a)

Part II.A.1.h.

Response to comment 14(a)

Part II.A.1.k.

Response to comment 8(d)

Part II.A.3.b.

Response to comment 1(b) and 2

Part II.A.4.

Response to comment 5(c)

Part II.B.

Table, 401 Certification, Stipulation 6

Footnote 2, Response to comment 11(c)

Footnote 5, 401 Certification, Stipulation 7

Footnote 7, 401 Certification, Stipulation 8

Part II.C.

Response to comment 22

Part II.C.1.

Response to comment 11(c)

Part II.D.

Footnote 2, Response to comment 11(c)

and 401 Certification, Stipulation 9

Part II.E.4.

401 Certification, Stipulation 10

Part II.F.4.

Update reference to current document

Part II.F.4.d.

Response to comment 26(n)

Part II.F.5.

401 Certification, Stipulation 11

Part II.F.6.

401 Certification, Stipulation 12

Part III.F.

401 Certification, Stipulation 13

Part VI.45.

Response to comment 17

Part VI.49.

401 Certification, Stipulation 8 and 10

Part VI.52.

Response to comment 30(a)

Part VI.58.

Response to comment 30(a)

Part VI.

Definition numbers have been changed to

reflect the additional definitions.

Part VII.

A reference section is now included

Final NPDES General Permit, U.S.

Environmental Protection Agency, 1200

Sixth Avenue, Seattle, Washington

98101

AUTHORIZATION TO DISCHARGE

UNDER THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM

FOR OIL AND GAS EXPLORATION

FACILITIES ON THE OUTER

CONTINENTAL SHELF AND

CONTIGUOUS STATE WATERS

In compliance with the provisions of

the Clean Water Act, 33 U.S.C. 1251 et

seq., the following discharges are

authorized in accordance with this

National Pollutant Discharge

Elimination System (‘‘NPDES’’):

Discharge name

Discharge

No.

Drilling Fluid and Drilling Cuttings .... 001

Deck Drainage .................................. 002

Sanitary Wastes ............................... 003

Domestic Wastes .............................. 004

Desalination Unit Wastes ................. 005

Blowout Preventer Fluid ................... 006

Boiler Blowdown ............................... 007

Fire Control System Test Water ....... 008

Non-Contact Cooling Water ............. 009

Uncontaminated Ballast Water ......... 010

Bilge Water ....................................... 011

Excess Cement Slurry ...................... 012

Mud, Cuttings, Cement at Seafloor .. 013

Test Fluids ........................................ 014

From oil and gas exploratory facilities

in offshore areas (defined in 40 CFR part

435, subpart A), to all federal waters of

the U.S. located in the Beaufort Sea and

Chukchi Sea planning basins as defined

by U.S. Department of Interior, Minerals

Management Service (1992) and to all

state waters contiguous to the Beaufort

Sea and Chukchi Sea Minerals

Management Service planning areas in

accordance with effluent limitations,

monitoring and reporting requirements,

and other conditions set forth in Parts

I through V herein. The discharge of

pollutants not specifically set out in this

permit is not authorized. Permittees

who do not request and receive coverage

under this general permit as described

in Part I are not authorized to discharge

to the specified waters unless an

individual NPDES permit has been

issued to the permittee by EPA, Region

10.

This permit shall be modified or

revoked at any time if, on the basis of

any new data, the Director determines

that such data would have justified the

application of different permit

conditions at the time of issuance.

Permit modification or revocation will

be conducted in accordance with 40

CFR 122.62, 122.63, and 122.64. In

addition to any other grounds specified

herein, this permit shall be modified or

revoked at any time if, on the basis of

any new data, the Director determines

that continued discharges may cause

unreasonable degradation of the marine

environment in accordance with section

403(c) and as promulgated in 40 CFR

part 125, subpart M.

Under 40 CFR 122.44(c)(3), if an

applicable standard or limitation is

promulgated under sections 301(b)(2)(C)

and (D), 304(b)(2), and 307(a)(2) and

that effluent standard or limitation is

more stringent than any effluent

limitation in the permit or controls a

pollutant not limited in the permit, the

permit shall be promptly modified or

revoked and reissued to conform to that

effluent standard or limitation.

This permit shall become effective on

June 23, 1995.

This permit and the authorization to

discharge shall expire at midnight on

June 23, 2000.

Signed this 12th day of April 1995.

Chuck Clarke,

Regional Administrator.

Table of Contents

I. Notification Requirements

A. Requests for Coverage and

Authorization to Discharge Under the

General Permit

B. Authorization to Discharge

C. Notice of Intent to Commencement of

Discharges

D. Sites Requiring Environmental Surveys

E. Termination of Discharges

F. Submission of Requests for Coverage

and Authorization, Notice of Intent to

Commence Discharge, and Other Reports
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27511

G. Changes from Authorization Under

General Permit to Authorization Under

an Individual Permit

II. Specific Limitations and Monitoring

Requirements

A. Drilling Mud and Drilling Cuttings

(Discharge 001)

B. Deck Drainage, Sanitary Wastes, and

Domestic Wastes (Discharges 002–004)

C. Miscellaneous Discharges (Discharges

005–013)

D. Test Fluids (Discharge 014)

E. General Discharge Limitations for All

Waste Streams (001 through 014)

F. Best Management Practices Plan

Requirement

III. Monitoring, Recording and Reporting

Requirements

A. Representative Sampling (Routine and

Non-Routine Discharges)

B. Reporting of Monitoring Results

C. Monitoring Procedures

D. Additional Monitoring by Permittee

E. Records Contents

F. Retention of Records

G. Twenty-four Hour Notice of

Noncompliance Reporting

H. Other Noncompliance Reporting

I. Changes in Discharge of Toxic

Substances

IV. Compliance Responsibilities

A. Duty to Comply

B. Penalties for Violations of Permit

Conditions

C. Need to Halt or Reduce Activity not a

Defense

D. Duty to Mitigate

E. Proper Operation and Maintenance

F. Removed Substances

G. Bypass of Treatment Facilities

H. Upset Conditions

I. Toxic Pollutants

J. Planned Changes

K. Anticipated Noncompliance

V. General Provisions

A. Permit Actions

B. Duty to Reapply

C. Duty to Provide Information

D. Other Information

E. Signatory Requirements

F. Availability of Reports

G. Inspection and Entry

H. Oil and Hazardous Substance Liability

I. Property Rights

J. Severability

K. Transfers

L. State Laws

M. Reopener Clause

VI. Definitions and Acronmyms

VII. References

I. Notification Requirements

This permit does not authorize the

discharge of pollutants to waters of the

United States until the following three

requirements, which are set out in more

detail in subparagraphs A. through C.

below, are met. First, the permit

applicant must send in a request to be

covered by the permit and authorization

to discharge. Second, the applicant must

receive from EPA an authorization to

discharge. Third, once authorized, the

permittee must notify EPA of its intent

to discharge at least seven days in

advance of the discharge. Failure to

comply with any of these requirements

will vitiate any prior authorization to

discharge under this general permit.

A. Requests for Coverage and

Authorization to Discharge Under the

General Permit

Persons requesting coverage under

this general permit shall provide to EPA

written request to be covered by this

permit at least 60 days prior to initiation

of discharges. All requests for coverage

and authorization to discharge under

the general permit shall be provided to

the Alaska Department of

Environmental Conservation Joint

Pipeline Regional Office in Anchorage.

The request shall include the following

information:

1. Name and address of the permittee.

2. Lease and block numbers of

operations and discharges.

3. Any discharge or operating

conditions which will require special

monitoring (Part II.A.4.).

B. Authorization to Discharge

The permittee’s discharges are not

authorized until the permittee receives

from EPA written notification that EPA

has assigned a permit number under

this general permit to operations at the

discharge site. A permit number cannot

be assigned until the following

information is received. This

information shall be provided to EPA in

the request for coverage, if possible, but

in no case less than 30 days prior to

commencement of discharges.

1. Name and location of discharge

site, including lease block number and

approximate coordinates.

2. Range of water depths (below mean

lower low water) in lease block, and

depth of discharge.

3. Initial date and expected duration

of operations.

C. Notice of Intent to Commencement of

Discharges

The permittee shall notify EPA,

Region 10, no later than 7 days prior to

initiation of discharges from the facility

and from each well. The notification

shall include the exact coordinates

(latitude and longitude) and water depth

of the discharge site, and may be oral or

in writing. The Certification of Planning

for Drilling Muds (see Part II.A.1.f.) and

the Best Management Practices Plan

Certification (see Part II.F.1.) shall also

be submitted no later than the

notification of commencement of

discharges. If notification is given

orally, written confirmation must follow

within 7 days.

D. Sites Requiring Environmental

Surveys

All operators that locate within the

areas covered by this general permit

shall submit to EPA copies of any

exploration plans, biological surveys,

and/or environmental reports required

by the Regional Supervisor, Field

Operations of the Minerals Management

Service, State of Alaska, for the

identification and/or protection of

biological populations or habitats.

Permittees shall notify Region 10 in

writing when no exploration plan or

environmental report will be sent.

E. Termination of Discharges

The permittee shall notify EPA within

30 days following cessation of

discharges from each well and from the

discharge site. The notification may be

provided in a DMR or under separate

cover.

F. Submission of Requests for Coverage

and Authorization, Notice of Intent to

Commence Discharge, and Other

Reports

Reports and notifications required

herein shall be submitted to the

following addresses.

All requests for coverage and

authorization and notices of intent:

Director, Water Division, U.S.

Environmental Protection Agency,

Reg. 10, Attn: Ocean Programs

Section, WD–137, 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

1583

Alaska Department of Environmental

Conservation, Pipeline Corridor

Regional Office, Attn: Water Quality

and Wastewater Programs, 411 West

4th Ave., Suite 2C, Anchorage, Alaska

99501

All monitoring reports and

notifications of non-compliance:

Director, Water Division, U.S.

Environmental Protection Agency,

Reg. 10, Attn: Water Compliance

Section, WD–135, 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

6513

G. Changes from Authorization Under

General Permit to Authorization Under

an Individual Permit

1. The Director may require any

permittee discharging under the

authority of this permit to apply for and

obtain an individual NPDES permit

when any one of the following

conditions exist:

a. The discharge(s) is (are) a

significant contributor of pollution.

b. The permittee is not in compliance

with the conditions of this general

permit.
27512 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

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 source.

d. A Water Quality Management Plan

containing requirements applicable to

such point source is approved.

e. The point sources 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, or

(4) Require the same or similar

monitoring.

f. In the opinion of the Director, the

discharges are more appropriately

controlled under an individual permit

than under a general NPDES permit.

2. The Director may require any

permittee authorized by this permit to

apply for an individual NPDES permit

only if the permittee has been notified

in writing that an individual permit

application is required.

3. Any permittee authorized by this

permit may request to be excluded from

the coverage of this general permit by

applying for an individual permit. The

owner or operator shall submit an

application together with the reasons

supporting the request to the Director no

later than 90 days after the effective date

of the permit.

4. When an individual NPDES permit

is issued to a permittee otherwise

subject to this general permit, the

authorization to discharge under this

general permit is automatically

terminated on the effective date of the

individual permit.

II. Specific Limitations and Monitoring

Requirements

During the effective period of this

permit, operators authorized to

discharge under the general permit are

authorized to discharge the enumerated

pollutants subject to the restrictions set

forth herein. This permit does not

authorize the discharge of any waste

streams, including spills and other

unintentional or non-routine discharges

of pollutants, that are not part of the

normal operation of the facility or any

pollutants that are not ordinarily

present in such waste streams. This

permit does not authorize the discharge

of any pollutants not specifically set out

in Part II.A.1. of this permit.

The operators shall limit discharges as

specified in the permit below. All

figures represent maximum effluent

limits unless otherwise indicated. The

permittee shall comply with the

following effluent limits at all times

unless provided for by this permit (e.g.,

unanticipated bypass) regardless of the

frequency of monitoring or reporting

required by other provisions of this

permit.

A. Drilling Mud and Drilling Cuttings

(Discharge 001)

1. Effluent Limitations and General

Requirements

The permittee may discharge drilling

muds and drilling cuttings subject to the

effluent limitations and related

requirements set forth herein. Permittee

shall limit and monitor the following

parameters in accordance with Parts

II.A.2.–4., II.E., III., and the

requirements set out herein.

EFFLUENT LIMITS AND MONITORING REQUIREMENTS

Effluent characteristic Discharge

limitation

Measurement

frequency

Sample type/

method Reported value(s)

Toxicity .................................................... 30,000 ppm SPP

minimum.

See Part II.A.1.g.,k . Drilling Fluids Toxicity Test.96 hr LC50.

Flow rate/Water depth 1

0–5 meters ....................................... No discharge .......... Hourly during discharge.Estimate ................. Maximum hourly rate.

>5–20 meters ................................... 500 bbl/hr.

>20–40 meters ................................. 750 bbl/hr.

>40 meters ....................................... 1000 bbl/hr.

Oil-based fluids ........................................ No discharge .......... Daily and before

bulk discharges.

Grab/Static Sheen

Test 2.

Presence or absence.

Diesel oil 3 ................................................ No discharge .......... Daily and before

bulk discharges.

Grab/GC ................. Presence or absence.

Free oil .................................................... No discharge .......... Daily and before

bulk discharge.

Grab/Static Sheen

Test 2.

Number of days sheen observed.

Hg and Cd In barite ................................. 1 mg Hg/kg barite,

3 mg Cd/kg barite.

Once per well ......... AAS ........................ Concentrations (mg/kg, dry wt.).

Total volume ............................................ (4) ........................... Daily ....................... Estimate ................. Monthly total.

Mud plan .................................................. NA .......................... Prior Certification ... See Parts II.A.d.,e.,f NA.

Chemical inventory .................................. NA .......................... Once/mud system .. See Part II.A.i ......... NA.

Chemical analysis ................................... NA .......................... Once/mud system .. See Part II.A.j ......... NA.

1 Maximum flow rate of total muds and cuttings into waters of given depths and under open water, broken ice, and stable ice conditions. A 9:1

predilution is required in open water, under-ice, and unstable or broken ice conditions. 2For discharges during stable ice, below ice, to unstable ice or broken ice conditions, a water temperature that approximates surface water

temperatures after breakup shall be used. 3The measurement for diesel oil is daily if muds and cuttings fail static sheen test, before bulk discharges, and end-of-well.

4Exploratory drilling discharges are limited to discharges from no more than five wells at a single drilling site. If a step-out or sidetracked well

is drilled from a previously drilled well hole, the step-out well is counted as a new well. Requests to discharge the wastes from more than five

wells per site will be considered by the Director on a case-by-case basis.

a. No discharge of oil-based muds.

Permittee shall not discharge oil-based

drilling muds (containing oil as the

continuous phase with water as the

dispersed phase).

b. No discharge of diesel oil. Permittee

shall not discharge water-based drilling

muds which have contained diesel oil

or cuttings associated with any muds

which have contained diesel oil.

Compliance with the limitation on

diesel oil shall be demonstrated by gas

chromatography (GC) analysis of

drilling mud collected from the mud

used at the greatest well depth (‘‘end-ofwell’’ sample) and of any muds or

cuttings which fail the daily Static

Sheen Test (Part II.A.1.c. below). In all

cases, the determination of the presence
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27513

or absence of diesel oil shall be based

on a comparison of the GC spectra of the

sample and of diesel oil in storage at the

facility. The method for GC analysis

shall be that described in ‘‘Analysis of

Diesel Oil in Drilling Fluids and Drill

Cuttings’’ (CENTEC, 1985) available

from EPA, Region 10. Gas

chromatography/mass spectrometry

(GC/MS) may be used if an instance

should arise where the operator and

EPA determine that greater resolution of

the drilling mud ‘‘fingerprint’’ is needed

for a particular drilling mud sample.

The end-of-well analysis for diesel oil

shall be done in conjunction with the

end-of-well analyses required in Part

II.A.1.j. The results and raw data,

including the spectra, from the GC

analysis shall be provided to the

Director by written report (1) within 30

days of a positive result with the Static

Sheen Test when a discharge has

occurred, or (2) for the end-of-well

analysis, within 45 days of well

completion.

c. No discharge of free oil. There shall

be no discharge of free oil as a result of

the discharge of drill cuttings and/or

drilling muds. The permittee shall

perform the Static Sheen Test on

separate samples of drilling muds and

cuttings on each day of discharge and

prior to bulk discharges. The test shall

be conducted in accordance with

‘‘Approved Methodology’’: Laboratory

Sheen Tests for the Offshore

Subcategory, Oil and Gas Extraction

Industry ‘‘ which is appendix 1 of

subpart A of 40 CFR part 435. For

discharges during stable ice, below ice,

to unstable ice or broken ice conditions,

a water temperature that approximates

surface water temperatures at breakup

shall be used. The discharge of drilling

muds or cuttings which fail the Static

Sheen Test is prohibited.

Whenever muds or cuttings fail the

Static Sheen Test and a discharge has

occurred in the past 24 hours, the

permittee is required to analyze an

undiluted sample of the material which

failed the test to determine the presence

or absence of diesel oil. The

determination and reporting of results

shall be performed according to Part

II.A.1.b. above.

d. Planned discharge of drilling muds

and additives—Mud Plan. The

permittee shall develop and have on-site

at all times a written procedural plan for

the formulation and control of drilling

mud/additive systems (hereafter ‘‘the

mud plan’’). The mud plan must specify

the mud/additive systems to be used.

The plan shall be implemented during

drilling operations.

The mud plan shall be available to the

Agency upon request. Prior to

commencement of discharges from a

given operation, the permittee shall

provide EPA and ADEC with written

certification that a mud plan does exist

and is available to the agencies (See

Parts I.C. and II.A.1.f. of the permit).

At a minimum, the mud plan shall

provide the following information:

(1) Types of muds proposed for

discharge, the well name, well number,

NPDES permit number and mud types

as basic plan identification for each well

drilled.

(2) Specific for use at each well and

mud type, a list including commercial

product names, descriptions of the

products, and the maximum proposed

discharge concentrations for each

product. Concentrations shall be

commonly stated in terms of ‘‘lb/bbl,’’

‘‘gal/bbl;’’ although ‘‘% (wt)’’ or ‘‘% v/

v’’ (% volume oil/volume mud) may be

appropriate in some instances. Each

mud/additive system shall be clearly

labelled with respect to mud type (e.g.,

KCl/polymer mud, freshwater

lignosulfonate mud). Components of the

basic mud shall be listed separately

from specialty or contingency additives

which may be used.

(3) A record of the operator’s

determination of how discharge is

expected to comply with the 30,000

ppm SPP toxicity limitation. Operator’s

determination must be based upon, but

not necessarily limited to, the following

criteria:

(a) Estimate of worst-case cumulative

discharge toxicity based on additive

toxicity estimations or commercially

calculated discharge toxicity

estimations.

(b) Estimations of discharge toxicity

based on the use of mineral oil pills

(and subsequent discharge of residual

mineral oil concentrations (see Part

II.A.1.g. below) must be estimated

separately from the proposed mud/

additive system.

(c) Where possible, overall toxicity

shall be minimized.

(4) A clearly stated procedure for

determining whether or not an additive

not originally planned for or included in

toxicity estimations above may be used

and discharged.

(5) An outline of the mud planning

process which shall be consistent with

other permit requirements. Names and

titles of personnel responsible for the

mud planning process shall be

included.

e. Drilling mud and additive

formulations. Only those drilling muds,

specialty additives, and mineral oil pills

that meet the criteria of this permit and

are contained in the operator’s mud

plan (see Part II.A.1.d. above) shall be

discharged. In no case shall toxicity of

the discharged mud exceed the toxicity

limit of 30,000 ppm SPP (see Part II.A.1.

above).

f. Certification of planning for drilling

mud discharge. For each well the

operator shall submit written

certification which states that a mud

plan is complete, on-site, and available

upon request. In addition, each

certification shall identify the well it

pertains to by well name, well number,

and the NPDES permit number. The

certification shall be submitted no later

than the written notice of intent to

commence discharge (see Part I.C.).

If the operator elects to use a

particular drilling mud/additive system

on subsequent wells, the original mud

plan may be re-used. Information

identifying the plan (see Part II.A.1.d(1),

above), however, must reflect use of the

plan for the current well.

g. Restrictions on the use of a mineral

oil pill in drilling fluid. The discharge

of residual amounts of mineral oil pills

(mineral oil plus additives) is

authorized by this permit provided that

the mineral oil pill and at least a 50 bbl

buffer of drilling fluid on either side of

the pill are removed from the circulating

drilling fluid system and not discharged

to the waters of the United States. In the

event that more than one pill is applied

to a single well, the previous pill and

buffer shall be removed prior to

application of a subsequent pill.

Residual mineral oil concentration in

the discharged mud shall not exceed 2%

v/v (API Retort Test) (see Part

II.A.1.g.[9] below). The discharged mud

must comply with all permit conditions,

including no discharge of free oil.

Should drilling mud containing

residual mineral oil pill (after pill and

buffer removal) be discharged, the

following information shall be reported

within 60 days of discharge:

(1) Dates of pill application, recovery,

and discharge;

(2) Results of the Drilling Fluids

Toxicity Test on samples of:

(a) The mud before each pill is added

and

(b) The mud after removal of each pill

and buffer (taken when residual mineral

oil pill concentration is expected to be

greatest)

(3) Name of spotting compound and

mineral oil products used;

(4) Volumes of spotting compound,

mineral oil, water, and barite in the pill;

(5) Total volume of mud circulating

prior to pill application, volume of pill

formulated, and volume of pill

circulated;

(6) Volume of pill recovered, volume

of mud buffer recovered, and volume of

mud circulating after pill and buffer

recovery;
27514 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

(7) Percent recovery of the pill

(include calculations);

(8) Estimated concentrations of

residual spotting compound and

mineral oil in the sample of mud

discharged, as determined from

amounts added and total mud volume

circulating prior to pill application;

(9) Measured oil content of the mud

samples, as determined by the API retort

method; and

(10) An itemization of other drilling

fluid specialty additives contained in

the discharged mud.

h. Mercury and cadmium content of

barite. The permittee shall not discharge

a drilling mud to which barite was

added if such barite contained mercury

in excess of 1 mg/kg or cadmium in

excess of 3 mg/kg (dry weight basis).

The permittee shall analyze a

representative sample of stock barite

once prior to drilling each well and

submit the results for total mercury and

total cadmium in the Discharge

Monitoring Report upon well

completion. If more than one well is

drilled at a site, new analyses are not

required for subsequent wells if no new

supplies of barite have been received

since the previous analysis. In this case,

the DMR should state that no new barite

was received since the last reported

analysis. Operators may provide

certification, as documented by the

supplier(s), that the barite will meet the

above limits. The concentration of the

mercury and cadmium in the barite

shall be reported on the DMR as

documented by the supplier. Analyses

shall be conducted by atomic absorption

spectrophotometry and results

expressed as mg/kg (dry weight) of

barite.

i. Chemical inventory. For each mud

system discharged, the permittee shall

maintain a precise chemical inventory

of all constituents added downhole,

including all drilling mud additives

used to meet specific drilling

requirements. The permittee shall report

the following for each mud system:

(1) Base mud type (as identified in

mud plan);

(2) Name and total amount of each

constituent in discharged mud;

(3) The total volumes of mud created

and added downhole; and

(4) Maximum concentration of each

constituent in the discharged mud.

In addition, for each mud system

discharged, the permittee shall report

the following:

(5) The total volumes of mud

discharged; and

(6) The estimated amount of each

constituent discharged.

j. Chemical analysis. The permittee

shall analyze each discharged mud

system containing a mineral oil lubricity

and/or spotting agent. Samples shall be

collected when the mineral oil additive

concentration is at its maximum value.

If no mineral oil is used, the analysis

shall be done on a drilling mud sample

collected from the mud system used at

the greatest well depth. All samples

shall be collected prior to any

predilution. Each drilling mud sample

shall be of sufficient size to allow for

both the chemical testing described here

and the toxicity testing described below

in Part II.A.1.k.

The chemical analysis shall include

the following metals: Barium, cadmium,

chromium, copper, mercury, zinc, and

lead. The total concentration and total

recoverable concentration shall be

conducted on split samples and

reported for each metal and shall be

obtained by the methods given in 40

CFR part 136. The results shall be

reported in ‘‘mg/kg of whole mud (dry

weight),’’ and the moisture content

(percent by weight) of the original

drilling mud sample shall be reported.

In addition, permittees shall analyze

mud samples for oil content (percent by

weight and by volume). The analytical

method shall be the retort distillation

method for oil (American Petroleum

Institute, Recommended Practice 13–1,

1990).

Results of chemical analyses shall be

submitted within 45 days following well

completion. Results shall be submitted

with the end-of-well chemical

inventory, see Part II.A.1.i., and shall

identify the corresponding mud system

from the end-of-well inventory.

k. Toxicity test. If no mineral oil is

used, the toxicity test shall be

conducted monthly to determine

compliance with the toxicity limit. At

end-of-well, a sample shall be collected

for toxicity testing. This sample can also

serve as the monthly monitoring

sample. The sample shall be a

representative subsample of that

collected for chemical analysis (see Part

I.A.1.j.). The permittee shall complete a

minimum of two toxicity tests on each

mud system where a mineral oil

lubricity or spotting agent is used. One

sample shall be collected before

applying the pill and one after removing

the pill (see Part II.A.1.g.). The ‘‘after

pill’’ sample test results can be used as

the monthly monitoring sample. If the

well is completed within 96 hours of

collection of the ‘‘after pill’’ drilling

mud sample, then these test results can

also serve as the end-of-well test.

The testing and reporting of results

shall be in accordance with appendix 2

to subpart A of 40 CFR Part 435. Results

of toxicity tests shall be reported on

monthly DMRs. Full copies of the

toxicity test reports shall be attached to

the DMRs and be accompanied by an

inventory of all base mud components

and specialty additives present in the

sampled mud (including concentrations

of each). Results are due within 45 days

following well completion.

2. Depth-Related Requirements

The total drilling muds and drill

cuttings discharge rate shall not exceed

the following rates where depth is

measured as meters from mean lower

low water (MLLW): (a) 1000 bbl/hr in

water depths exceeding 40 meters, (b)

750 bbl/hr in water depths greater than

20 meters but not exceeding 40 meters,

(c) 500 bbl/hr in water depths greater

than 5 meters but not exceeding 20

meters, and (d) discharge of muds and

cuttings are prohibited between the

shore (mainland and barrier islands)

and the 5 meter isobath.

3. Area and Seasonal Restrictions

a. Discharge is not authorized within

1000 meters of the Steffansson Sound

Boulder Patch (near the mouth of the

Sagavanirktok River) or between

individual units of the Patch where the

separation between units is greater than

2000 meters but less than 5000 meters.

The Boulder Patch is defined as an area

which has more than 10 percent of a

one-hundred-square-meter area covered

by boulders to which kelp is attached.

b. Discharge is not authorized within

Omalik Lagoon, Kasegaluk Lagoon or

within 3 miles of the following passes

of the Kasegaluk Lagoon: Kukpowruk

Pass, Akunik Pass, Utukok Pass, Icy

Cape Pass, Alokiakatat Pass, Naokok

Pass, and Pingaorarok Pass.

c. Discharge is prohibited within 1000

meters of river mouths or deltas during

unstable or broken ice or open water

conditions.

d. During open-water conditions,

discharge in the area from the 5 to 20

meters isobaths as measured from

MLLW shall be released no deeper than

1 meter below the surface of the

receiving water.

e. During unstable or broken ice

conditions, the following conditions

apply for discharges shoreward of the 20

meters isobath as measured from

MLLW:

(1) Discharge shall be prediluted to a

9:1 ratio of seawater to drilling muds

and cuttings.

(2) Environmental monitoring is

required as specified in Part II.A.4.

below.

f. During stable ice conditions, unless

authorized otherwise by the Director,

the following conditions apply:

(1) Discharges shall be to above-ice

locations and shall avoid to the
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27515

maximum extent possible areas of sea

ice cracking or major stress fracturing.

(2) Predilution and flow rate

restrictions do not apply.

4. Environmental Monitoring

Requirements

a. Purpose/areas to be monitored.

Monitoring is required in the following

areas which have been identified as

requiring further information on the fate

and, in some cases, the effects of

discharged drilling muds. If the location

authorized for discharge of drilling

muds and drill cuttings is within 4000

meters of the following areas, then

environmental monitoring is required:

(1) Below-ice to water depths

shallower than 20 meters as measured

from MLLW,

(2) The Steffansson Sound Boulder

Patch (see Part II.A.3.a. of this permit for

further definition),

(3) The protected areas of Kasegaluk

Lagoon and the seven identified passes

(see Part II.A.3.b. for further definition),

(4) Omalik Lagoon, or

(5) River mouths or deltas during

unstable or broken ice or open water

conditions.

b. Objectives. The objectives of the

monitoring shall be to:

(1) Monitor for discharge-related

impacts,

(2) Determine statistically significant

changes in sediment pollutant

concentrations and sediment toxicity

with time and distance from the

discharge

(3) Monitor for discharge related

impacts to the benthic community,

(4) Assess whether any impacts

warrant an adjustment of the monitoring

program, and

(5) Provide information for permit

reissuance.

The monitoring shall include, but not

be limited to, relevant hydrographic,

sediment hydrocarbon, and heavy metal

data from surveys conducted before and

during drilling mud disposal operations

and up to at least one year after drilling

operations cease.

c. Detailed monitoring proposal. The

Permittee shall submit a plan of study

for the environmental monitoring

program to EPA and ADEC for review

with or prior to submission of the

written request for authorization to

discharge (Part I.B.). EPA and ADEC

may require changes in the monitoring

program’s design. Copies of the study

plan shall be sent concurrently to the

North Slope Borough. The plan shall

address:

(1) The monitoring objectives,

(2) Appropriate null and alternate test

hypotheses,

(3) A statistically valid sampling

design,

(4) All monitoring procedures and

methods,

(5) A quality assurance/quality

control program,

(6) A detailed discussion of how data

will be used to meet, test and evaluate

the monitoring objectives, and

(7) A summary of the results of

previous environmental monitoring as

they apply to the proposed program

plan.

d. Reporting and data submission

requirements. The Permittee shall

analyze the data and submit a draft

report by within 180 days following the

completion of sample collection. Copies

of the draft report shall be sent

concurrently to ADEC and the North

Slope Borough. The report shall address

the environmental monitoring objectives

by using appropriate descriptive and

analytical methods to test for and to

describe any impacts of the effluent on

sediment pollutant concentrations,

sediment quality, water quality and/or

the benthic community. The report shall

include all relevant quality assurance/

quality control (QA/QC) information,

including but not limited to

instrumentation, laboratory procedures,

detection limits/precision requirements

of the applied analyses, and sample

collection methodology.

EPA and ADEC will review the draft

report in accordance with the

environmental monitoring objectives

and evaluate it for compliance with the

requirements of the permit. If revisions

to the report are required, the Permittee

shall complete them and submit the

final report to EPA and ADEC within

two months of the Director’s request.

Copies of the final report shall be sent

concurrently to the North Slope

Borough. The Permittee will be required

to correct, repeat and/or expand

environmental monitoring programs

which have not fulfilled the

requirements of the permit.

e. Modification of monitoring

program. monitoring program may be

modified if EPA and ADEC, in

consultation with the North Slope

Borough, determine that it is

appropriate. The modified program may

include changes in (1) sampling

stations, (2) sampling times, and/or (3)

parameters.

B. Deck Drainage, Sanitary Wastes, and

Domestic Wastes (Discharges 002–004)

Permittees shall limit and monitor

discharges from deck drainage, sanitary

wastes, and domestic wastes in

accordance with Parts II.E., III, and the

following requirements.

EFFLUENT LIMITS AND MONITORING REQUIREMENTS

Effluent characteristic Discharge

limitation

Measurement

frequency

Sample type/

method Reported value(s)

All Discharges (002–004):

Flow rate .............................................. NA ............................ Monthly .................... Estimate ................... Monthly average.

Deck Drainage (002) 1

Free oil ................................................. No discharge ............ Daily, during discharge.Visual/sheen on receiving water 2.Number of days sheen observed.

Sanitary Wastes (003) 3

Solids ................................................... No floating solids ..... Daily ......................... Observation 4 ........... Number of days solids observed.

Residual chlorine 5 ............................... As close as possible

to but no less

than, 1.0 mg/l.

Monthly .................... Grab 6 ....................... Concentration (mg/l).

BOD ..................................................... .................................. Weekly 9 ................... Grab

30 day average ............................. 30 mg/l ..................... .................................. .................................. Monthly average.

24-hr maximum ............................. 60mg/l ...................... .................................. .................................. Daily maximum.

TSS ...................................................... .................................. Weekly 9 ................... Grab

30 day average ............................. 30 mg/l ..................... .................................. Monthly average 10

24-hr maximum ............................. 60mg/l ...................... .................................. Daily maximum 10

Domestic Wastes (004):
27516 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

EFFLUENT LIMITS AND MONITORING REQUIREMENTS—Continued

Effluent characteristic Discharge

limitation

Measurement

frequency

Sample type/

method Reported value(s)

Floating solids ...................................... No discharge ............ Daily ......................... Observation 4 ........... Number of days solid observed.

Foam .................................................... No discharge ............ Daily ......................... Observation 4 ........... Number of days foam observed.

All other domestic waste (garbage) ..... No discharge 7 ......... Daily ......................... Observation 8 ........... Number of days solids observed.

1Area drains for either washdown water or rainfall that may be contaminated with oil and grease shall be separated from those area drains

that would not be contaminated. Any deck drainage which is commingled with other wastes prior to discharge shall be subject at the point of discharge to the most stringent of the limitations on the individual effluents. 2 If discharge occurs during broken, unstable, or stable ice conditions, the sample type/method shall be ‘‘Grab/Static Sheen Test’’ as described

in appendix 1 to subpart A of 40 CFR part 435. For discharges during stable ice, below ice, to unstable ice or broken ice conditions, a water

temperature that approximates surface water temperatures after breakup shall be used. 3Any facility using a marine sanitation device (MSD) that complies with pollution control standards and regulations under section 312 of the

Act shall be deemed to be in compliance with the limitations for this outfall until such time as the device is replaced or is found not to comply

with such standards and regulations. The MSD shall be tested yearly for proper operation and test results maintained at the facility. In cases

where sanitary and domestic wastes are mixed prior to discharge, and sampling of the sanitary waste component stream is infeasible, the discharge may be sampled after mixing. In such cases, the discharge limitations for sanitary wastes shall apply to the mixed waste stream. 4 Monitoring by visual observation of the surface of the receiving water in the vicinity of the outfall(s), shall be done during daylight at a time of

maximum estimated discharge. 5This limitation applies only to M10 facilities. Under ice disposal of residual chlorine is not authorized unless residual chlorine is reduced to a

level to ensure compliance with the State of Alaska’s Water Quality criteria of 10 μg/l residual chlorine. 6 Residual chlorine may be monitored according to test procedures approved under 40 CFR part 136 or using a Hach Test Kit capable of

measuring free chlorine in the range 0–3.5 mg/l with a sensitivity of 0.1 mg/l or better. 7 Discharge of food waste is prohibited within 12 nautical miles from nearest land. Comminuted food waste able to pass through a 25 mm

mesh screen (approximately 1 inch) may be discharged more than 12 nautical miles from nearest land. Discharge of putrescible wastes is prohibited within and beyond 12 nautical miles of nearest land. 8An observation shall be made during daylight by visual observation of the surface in the vicinity of domestic waste outfalls following either the

morning or midday meal at a time of maximum estimated discharge.9/ 9Based on weekly sampling and depending on the length of the calendar month, a total of 3–4 samples will be analyzed per month. The reported 30 day average value shall be the average of all weekly samples taken during the month. The highest value of all weekly samples shall

be reported.

C. Miscellaneous Discharges (Discharges

005–013).

Permittee shall limit and monitor

discharges from desalination unit

wastes (005), blowout preventer fluid

(006), boiler blowdown (007), fire

control system test water (008), noncontact cooling waster (009),

uncontaminated ballast water (010),

bilge water (011), excess cement slurry

(012), and mud, cuttings, and cement at

the seafloor (013) in accordance with

Parts II.E., III., and the following

requirements.

EFFLUENT LIMITS AND MONITORING REQUIREMENTS

Effluent characteristic Discharge

limitation

Measurement

frequency

Sample type/method Reported value(s)

All Discharges (005–013):

Flow rate (MGD) .............................. NA .......................... Monthly ................... Estimate ................. Monthly average.

Free oil ............................................. No discharge .......... Once/discharge for

intermittent or

once/day for continuous discharges.

Visual/sheen on receiving.No. of days sheen observed.

1. Bilge water (011) shall be processed

through an oil-water separator prior to

discharge. If discharge of bilge water

occurs during broken, unstable, or stable

ice conditions, the sample type/method

used to determine compliance with the

no free oil limitation shall be ‘‘Grab/

Static Sheen Test.’’ For discharges above

stable ice, below ice, to unstable, or to

broken ice, a water temperature that

approximates surface water

temperatures after breakup shall be

used.

2. The permittee shall maintain an

inventory of the quantities and rates of

chemicals (other than water or seawater)

added to cooling water (009) and

desalination (005) systems. The

inventory shall be submitted with the

monthly Discharge Monitoring Report.

D. Test Fluids (Discharge 014)

Permittee shall limit and monitor test

fluids in accordance with Parts II.E., III.

and the following requirements.

EFFLUENT LIMITS AND MONITORING REQUIREMENTS

Effluent characteristic Discharge

limitation

Measurement

frequency Sample type/method Reported Value(s)

Volume (bbl) ................................................ NA ............................ Once/discharge ........ Estimate ................... Total vol./test.1
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27517

EFFLUENT LIMITS AND MONITORING REQUIREMENTS—Continued

Effluent characteristic Discharge

limitation

Measurement

frequency Sample type/method Reported Value(s)

Free oil ........................................................ No discharge ............ Once/discharge ........ Grab/Static Sheen

Test 2.

Number of times sheen observed.

Oil and grease ............................................ 42 mg/l daily max.,

29 mg/l monthly

avg..

Once/discharge ........ Grab ......................... Daily max. and monthly

avg.

pH ................................................................ 6.5–8.5 3 ................... Once/discharge ........ Grab ......................... Ph.

Oil-based fluids ........................................... No discharge ............ Once/discharge ........ Grab/GC ................... Presence or absence.

1Volume will be reported as the number of barrels of fluids sent downhole during testing and the number of barrels discharged. The chemical

composition of the fluids sent downhole will also be reported. 2For discharges during stable ice, below ice, to unstable ice or broken ice conditions, a water temperature that approximates surface water

temperatures after breakup shall be used. The static sheen test is presumed to cover the no visible sheen standard in the State of Alaska Water

Quality Standards. 3Any spent acidic test fluids shall be neutralized before discharge such that the Ph at the point of discharge shall not be less than 6.5 or greater than 8.5.

E. General discharge limitations for all

waste streams (001 Through 014).

1. Floating solids, visible foam, or oily

wastes. There shall be no discharge of

floating solids or visible foam in other

than trace amounts, nor of oily wastes

which produce a sheen on the surface

of the receiving water.

2. Surfactants, dispersants, and

detergents. The discharge of surfactants,

dispersants, and detergents shall be

minimized except as necessary to

comply with the safety requirements of

the Occupational Health and Safety

Administration and the Minerals

Management Service. The discharge of

dispersants to marine waters in

response to oil or other hazardous spills

are not authorized this permit. See also

Part III.G.

3. Applicable marine water quality

criteria. There shall be no discharge of

any constituent in concentrations which

will result in an exceedence of

applicable marine water quality criteria

at the edge of a permitted mixing zone.

Initial mixing in federal waters is

defined at 40 CFR 227.29.

4. Rubbish, trash, and other refuse.

The discharge of any solid material not

authorized in the above permit is

prohibited. Under U.S. Coast Guard

regulations, discharges of garbage,

including plastics, from fixed and

floating platforms engaged in

exploration of seabed mineral resources

are prohibited with one exception

-victual waste. Victual waste may be

discharged beyond 12 nautical miles

from nearest land if it has passed

through a comminuter or grinder and

can pass through a screen with openings

no greater than 25 millimeters

(approximately one inch). Discharge of

putrescible wastes is prohibited within

and beyond 12 nautical miles of nearest

land.

5. Other toxic and non-conventional

compounds. There shall be no discharge

of diesel oil, halogenated phenol

compounds, trisodium nitrilotriacetic

acid, sodium chromate or sodium

dichromate.

F. Best management practices plan

requirement.

1. Implementation. The permittee

shall develop and implement a Best

Management Practices (BMP) Plan

which achieves the objectives and the

specific requirements listed below. The

Plan shall be implemented as soon as

possible but no later than 7 days prior

to initiation of discharges from the

facility and from each well.

The permittee shall certify that its

BMP Plan is complete, on-site, and

available upon request to EPA and

ADEC. This certification shall identify

the well it pertains to by well name,

well number, and the NPDES permit

number and be signed by an authorized

representative of the permittee. The

certification shall be submitted no later

than the written notice of intent to

commence discharge (see Part I.C.) and

the Certification of Planning for Drilling

Mud (see Part II.A.1.f.).

2. Purpose. Through implementation

of the BMP Plan the permittee shall

prevent or minimize the generation and

the potential for the release of pollutants

from the facility to the waters of the

United States through normal

operations and ancillary activities.

3. Objectives. The permittee shall

develop and amend the BMP Plan

consistent with the following objectives

for the control of pollutants.

a. The number and quantity of

pollutants and the toxicity of effluent

generated, discharged or potentially

discharged at the facility shall be

minimized by the permittee to the

extent feasible by managing each

influent waste stream in the most

appropriate manner.

b. Under the BMP Plan, and any

Standard Operating Procedures (SOPs)

included in the Plan, the permittee shall

ensure proper operation and

maintenance of the treatment facility.

c. The permittee shall establish

specific objectives for the control of

pollutants by conducting the following

evaluations.

(1) Each facility component or system

shall be examined for its waste

minimization opportunities and its

potential for causing a release of

significant amounts of pollutants to

waters of the United States due to

equipment failure, improper operation,

natural phenomena such as rain or

snowfall, etc. The examination shall

include all normal operations and

ancillary activities including material

storage areas, site runoff, in-plant

transfer, process and material handling

areas, loading or unloading operations,

spillage or leaks, sludge and waste

disposal, or drainage from raw material

storage.

(2) Where experience indicates a

reasonable potential for equipment

failure (e.g., a tank overflow or leakage),

natural condition (e.g., precipitation), or

other circumstances to result in

significant amounts of pollutants

reaching surface waters, the program

should include a prediction of the

direction, rate of flow and total quantity

of pollutants which could be discharged

from the facility as a result of each

condition or circumstance.

4. Requirements. The BMP Plan shall

be consistent with the objectives in Part

3 above and the general guidance

contained in the publication entitled

‘‘Guidance Document for Developing

Best Management Practices (BMP)’’

(EPA Document Number EPA 833–B–

93–004, U.S. EPA, 1993) or any

subsequent revisions to the guidance

document. The BMP Plan shall:

a. Be documented in narrative form,

and shall include any necessary plot

plans, drawings or maps, and shall be

developed in accordance with good
27518 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

engineering practices. The BMP Plan

shall be organized and written with the

following structure:

(1) Name and location of the facility

or operation (including identification by

latitude/longitude).

(2) Statement of BMP policy.

(3) Structure, functions, and

procedures of the Best Management

Practices Committee.

(4) Specific management practices

and standard operating procedures to

achieve the above objectives, including,

but not limited to, the following:

(a) Modification of equipment,

facilities, technology, processes, and

procedures,

(b) Reformulation or redesign of

products,

(c) Substitution of materials, and

(d) Improvement in management,

inventory control, materials handling or

general operational phases of the

facility.

(5) Risk identification and assessment.

(6) Reporting of BMP incidents.

(7) Materials compatibility.

(8) Good housekeeping.

(9) Preventative maintenance.

(10) Inspections and records.

(11) Security.

(12) Employee training.

b. Include the following provisions

concerning BMP Plan review:

(1) Be reviewed by plant engineering

staff and the plant manager.

(2) Be reviewed and endorsed by the

permittee’s BMP Committee.

(3) Include a statement that the above

reviews have been completed and that

the BMP Plan fulfills the requirements

set forth in this permit. The statement

shall be certified by the dated signatures

of each BMP Committee member.

c. Establish specific best management

practices to meet the objectives

identified in Part 3 this section,

addressing each component or system

capable of generating or causing a

release of significant amounts of

pollutants, and identifying specific

preventative or remedial measures to be

implemented.

d. Establish specific best management

practices or other measures which

ensure that the following specific

requirements are met:

(1) Ensure proper management of

solid and hazardous waste in

accordance with regulations

promulgated under the Resource

Conservation and Recovery Act (RCRA)

and the Alaska Solid Waste

Management Regulations (18 AAC 60).

Management practices required under

RCRA regulations shall be referenced in

the BMP Plan.

(2) Reflect requirements within Oil

Spill Contingency Plans required by the

Minerals Management Service (see 30

CFR part 254). Permittees in state waters

must also reflect the requirements

within Oil Discharge Prevention and

Contingency Plans as required by ADEC.

Permittees may incorporate any part of

such plans into the BMP Plan by

reference.

(3) Reflect requirements for storm

water control under section 402(p) of

the Act and the regulations at 40 CFR

122.26 and 122.44, and otherwise

eliminate to the extent practicable,

contamination of storm water runoff.

(4) Reflect the development and

implementation of the Mud Plan (see

Part II.A.1.d.) for the formulation and

control of drilling mud systems.

5. Documentation. The permittee

shall maintain a copy of the BMP Plan

at the facility and shall make the plan

available to EPA and ADEC upon

request. All offices of the permittee

which are required to maintain a copy

of the NPDES permit shall also maintain

a copy of the BMP Plan.

6. BMP Plan modification. The

permittee shall amend the BMP Plan

whenever there is a change in the

facility or in the operation of the facility

which materially increases the

generation of pollutants or their release

or potential release to the receiving

waters. The permittee shall also amend

the Plan, as appropriate, when plant

operations covered by the BMP Plan

change. Any such changes to the BMP

Plan shall be consistent with the

objectives and specific requirements

listed above. All changes in the BMP

Plan shall be reviewed by the plant

engineering staff and plant manager and

shall be reported to EPA and ADEC in

writing.

7. Modification for ineffectiveness. At

any time, if the BMP Plan proves to be

ineffective in achieving the general

objective of preventing and minimizing

the generation of pollutants and their

release and potential release to the

receiving waters and/or the specific

requirements above, the permit and/or

the BMP Plan shall be subject to

modification to incorporate revised

BMP requirements.

III. Monitoring, Recording and

Reporting Requirements

A. Representative Sampling (Routine

and Non-Routine Discharges)

The Permittee shall collect all effluent

samples from the effluent stream prior

to discharge into the receiving waters.

Samples and measurements shall be

representative of the volume and nature

of the monitored discharge.

In order to ensure that the effluent

limits set forth in this permit are not

violated at times other than when

routine samples are taken, the Permittee

shall collect additional samples at the

appropriate outfall(s), and analyze them

for the parameters limited in Part I.A.-

E. of this permit (as applicable for the

wastestream), whenever any discharge

occurs that may reasonably be expected

to cause or contribute to a violation that

is unlikely to be detected by a routine

sample.

The Permittee shall collect such

additional samples as soon as possible

after the spill or discharge. The samples

shall be analyzed in accordance with

paragraph C., below. In the event of an

anticipated bypass, as defined in Part

IV.G. of this permit, the Permittee shall

collect and analyze additional samples

as soon as the bypassed effluent reaches

the outfall. The Permittee shall report

all additional monitoring in accordance

with paragraph D., below.

B. Reporting of Monitoring Results

The Permittee shall summarize

monitoring results each month on the

Discharge Monitoring Report (DMR)

form (EPA No. 3320–1). The Permittee

shall submit reports monthly,

postmarked by the 10th day of the

following month. The Permittee shall

sign and certify all DMRs, and all other

reports, in accordance with the

requirements of Part V.E. of this permit

(‘‘Signatory Requirements’’). The

Permittee shall submit the legible

originals of these documents to the

Director, Water Division, with copies to

ADEC at the following addresses:

United States Environmental Protection

Agency, Region 10, 1200 Sixth

Avenue, WD–135, Seattle,

Washington 98101

Alaska Department of Environmental

Conservation, Pipeline Corridor

Regional Office, Attn: Water Quality &

Wastewater Programs, 411 W. 4th

Ave., Suite 2C, Anchorage Alaska

99501

C. Monitoring Procedures

Monitoring must be conducted

according to test procedures approved

under 40 CFR part 136, unless other test

procedures have been specified in this

permit.

D. Additional Monitoring by 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 Permittee

shall include the results of this

monitoring in the calculation and

reporting of the data submitted in the

DMR. The Permittee shall indicate on

the DMR whenever it has performed
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27519

additional monitoring, and shall explain

why it performed such monitoring.

Upon request by the Director, the

Permittee shall submit results of any

other sampling, regardless of the test

method used.

E. Records Contents

All effluent monitoring records shall

bear the hand-written signature of the

person who prepared them. In addition,

all records of monitoring information

shall include:

1. The date, exact place, and time of

sampling or measurements;

2. The names of the individual(s) who

performed the sampling or

measurements;

3. The date(s) analyses were

performed;

4. The names of the individual(s) who

performed the analyses;

5. The analytical techniques or

methods used; and

6. The results of such analyses.

F. Retention of Records

The Permittee shall retain records of

all monitoring information, including,

but not limited to, all calibration and

maintenance records and all original

strip chart recordings for continuous

monitoring instrumentation, copies of

all reports required by this permit,

copies of DMRs, a copy of the NPDES

permit, and records of all data used to

complete the application for this permit,

for a period of at least five years from

the date of the sample, measurement,

report or application, or for the term of

this permit, whichever is longer. This

period may be extended by request of

the Director or ADEC at any time.

A copy of the final permit shall be

maintained at the drilling site.

G. Twenty-four Hour Notice of

Noncompliance Reporting

1. The Permittee shall report the

following occurrences of

noncompliance by telephone within 24

hours from the time the Permittee

becomes aware of the circumstances:

a. Any noncompliance that may

endanger health or the environment;

b. Any unanticipated bypass that

results in or contributes to an

exceedence of any effluent limitation in

the permit (See Part IV.G., ‘‘Bypass of

Treatment Facilities’’);

c. Any upset that results in or

contributes to an exceedence of any

effluent limitation in the permit (See

Part IV.H., ‘‘Upset Conditions’’); or

d. Any violation of a maximum daily

discharge limitation for any of the

pollutants listed in the permit .

2. The Permittee shall also provide a

written submission within five days of

the time that the Permittee becomes

aware of any event required to be

reported under subpart 1 above. The

written submission shall contain:

a. A description of the noncompliance

and its cause;

b. The period of noncompliance,

including exact dates and times;

c. The estimated time noncompliance

is expected to continue if it has not been

corrected; and

d. steps taken or planned to reduce,

eliminate, and prevent reoccurrence of

the noncompliance.

e. The results of any monitoring data

required under Paragraph III.A., above.

3. The Director may, at his or her sole

discretion, waive the written report on

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

been received within 24 hours by the

Water Compliance Section in Seattle,

Washington, by telephone, (206) 553–

1213.

4. Reports shall be submitted to the

addresses in Part III.B. (‘‘Reporting of

Monitoring Results’’).

H. Other Noncompliance Reporting

The Permittee shall report all

instances of noncompliance, not

required to be reported within 24 hours,

at the time that monitoring reports for

Part III.B. are submitted. The reports

shall contain the information listed in

Part III.G.2. of this permit.

I. Changes in Discharge of Toxic

Substances

The Permittee shall notify the Director

and ADEC as soon as it knows, or has

reason to believe:

1. That any activity has occurred or

will occur that would result in the

discharge, on a routine or frequent basis,

of any toxic pollutant that is not limited

in the permit, if that discharge will

exceed the highest of the following

‘‘notification levels’’:

a. One hundred micrograms per liter

(100 ug/l);

b. Two hundred micrograms per liter

(200 ug/l) for acrolein and acrylonitrile;

five hundred micrograms per liter (500

ug/l) for 2,4-dinitrophenol and for 2-

methyl-4,6-dinitrophenol; and one

milligram per liter (1 mg/l) for

antimony;

c. Five (5) times the maximum

concentration value reported for that

pollutant in the permit application in

accordance with 40 CFR 122.21(g)(7); or

d. The level established by the

Director in accordance with 40 CFR

122.44(f).

2. That any activity has occurred or

will occur that would result in any

discharge, on a non-routine or

infrequent basis, of any toxic pollutant

that is not limited in the permit, if that

discharge will exceed the highest of the

following ‘‘notification levels’’:

a. Five hundred micrograms per liter

(500 ug/l);

b. One milligram per liter (1 mg/l) for

antimony;

c. Ten (10) times the maximum

concentration value reported for that

pollutant in the permit application in

accordance with 40 CFR 122.21(g)(7); or

d. The level established by the

Director in accordance with 40 CFR

122.44(f).

IV. Compliance Responsibilities

A. Duty to Comply

The Permittee shall comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the Act and is grounds for

enforcement action, for permit

termination, revocation and reissuance,

or modification, or for denial of a permit

renewal application. The Permittee shall

give reasonable advance notice to the

Director and ADEC of any planned

changes in the permitted facility or

activity that may result in

noncompliance with permit

requirements.

B. Penalties for Violations of Permit

Conditions

1. Civil and Administrative Penalties.

Sections 309(d) and 309(g) of the Act

provide that any person who violates a

permit condition implementing sections

301, 302, 306, 307, 308, 318, or 405 of

the Act shall be subject to a civil or

administrative penalty, not to exceed

$25,000 per day for each violation.

2. Criminal Penalties:

a. Negligent Violations. Section

309(c)(1) of the Act provides that any

person who negligently violates a

permit condition implementing Sections

301, 302, 306, 307, 308, 318, or 405 of

the Act shall be punished by a fine of

not less than $2,500 nor more than

$25,000 per day of violation, or by

imprisonment for not more than 1 year,

or by both.

b. Knowing Violations. Section

309(c)(2) of the Act provides that any

person who knowingly violates a permit

condition implementing sections 301,

302, 306, 307, 308, 318, or 405 of the

Act shall be punished by 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 by both.

c. Knowing Endangerment. Section

309(c)(3) of the Act provides that any

person who knowingly violates a permit

condition implementing sections 301,

302, 303, 306, 307, 308, 318, or 405 of

the Act, and who knows at that time

that he thereby places another person in
27520 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

imminent danger of death or serious

bodily injury, shall, upon conviction, be

subject to a fine of not more than

$250,000 or imprisonment of not more

than 15 years, or both. A person that is

an organization shall be subject to a fine

of not more than $1,000,000.

d. False Statements. Section 309(c)(4)

of 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 this

Act or who knowingly falsifies, tampers

with, or renders inaccurate any

monitoring device or method required

to be maintained under this Act, shall

be punished by a fine of not more than

$10,000, or by imprisonment for not

more than 2 years, or by both. Except as

provided in permit conditions in Part

IV.G., (‘‘Bypass of Treatment Facilities’’)

and Part IV.H., (‘‘Upset Conditions’’),

nothing in this permit shall be

construed to relieve the Permittee of the

civil or criminal penalties for

noncompliance.

C. Need to Halt or Reduce Activity Not

a Defense

It shall not be a defense for the

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.

D. Duty to Mitigate

The Permittee shall take all

reasonable steps to minimize or prevent

any discharge in violation of this permit

that has a reasonable likelihood of

adversely affecting human health or the

environment.

E. Proper Operation and Maintenance

The Permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances) that

are installed or used by the Permittee to

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 only when the operation is

necessary to achieve compliance with

the conditions of the permit.

F. Removed Substances

Solids, sludges, filter backwash, or

other pollutants removed in the course

of treatment or control of water and

wastewaters shall be disposed of in a

manner such as to prevent any pollutant

from such materials from entering

navigable waters, except as specifically

authorized in Part II.

G. Bypass of Treatment Facilities

1. Bypass not exceeding limitations.

The Permittee may allow any bypass to

occur that 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 paragraphs 2 and 3 of this

Part.

2. Notice.

a. Anticipated bypass. If the Permittee

knows in advance of the need for a

bypass, it shall submit prior notice, if

possible at least 10 days before the date

of the bypass.

b. Unanticipated bypass. The

Permittee shall submit notice of an

unanticipated bypass as required under

Part III.G. (‘‘Twenty-four Hour Notice of

Noncompliance Reporting’’).

3. Prohibition of bypass.

a. Bypass is prohibited, and the

Director or ADEC may take enforcement

action against the Permittee for a

bypass, unless:

(1) The bypass was unavoidable to

prevent loss of life, personal injury, or

severe property damage;

(2) 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

shall have been installed in the exercise

of reasonable engineering judgment to

prevent a bypass that occurred during

normal periods of equipment downtime

or preventive maintenance; and

(3) The Permittee submitted notices as

required under paragraph 2 of this Part.

b. The Director and ADEC may

approve an anticipated bypass, after

considering its adverse effects, if the

Director and ADEC determine that it

will meet the three conditions listed

above in paragraph 3.a. of this Part.

H. Upset Conditions

1. 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 Permittee meets the

requirements of paragraph 2 of this Part.

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.

2. Conditions necessary for a

demonstration of upset. To establish the

affirmative defense of upset, the

Permittee shall demonstrate, through

properly signed, contemporaneous

operating logs, or other relevant

evidence that:

a. An upset occurred and that the

Permittee can identify the cause(s) of

the upset;

b. The permitted facility was at the

time being properly operated;

c. The Permittee submitted notice of

the upset as required under Part III.G.,

Twenty-four Hour Notice of

Noncompliance Reporting; and

d. The Permittee complied with any

remedial measures required under Part

IV.D., Duty to Mitigate.

3. Burden of proof. In any

enforcement proceeding, the Permittee

seeking to establish the occurrence of an

upset has the burden of proof.

I. Toxic Pollutants

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

establish those standards or

prohibitions, even if the permit has not

yet been modified to incorporate the

requirement.

J. Planned Changes

The Permittee shall give notice to the

Director and ADEC as soon as possible

of any planned physical alterations or

additions to the permitted facility

whenever:

1. The alteration or addition to a

permitted facility may meet one of the

criteria for determining whether a

facility is a new source as determined in

40 CFR 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 that are subject neither to

effluent limitations in the permit, nor to

notification requirements under Part

III.I.

The Permittee shall give notice to the

Director and ADEC as soon as possible

of any planned changes in process or

chemical use whenever such change

could significantly change the nature or

increase the quantity of pollutants

discharged.

K. Anticipated Noncompliance

The Permittee shall also give advance

notice to the Director and ADEC of any

planned changes in the permitted

facility or activity that may result in

noncompliance with this permit.
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27521

V. General Provisions

A. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the Permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance, does not

stay any permit condition.

B. Duty to Reapply

If the Permittee intends 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. The application shall be

submitted at least 180 days before the

expiration date of this permit.

C. Duty to Provide Information

The Permittee shall furnish to the

Director and ADEC, within the time

specified in the request, any information

that the Director or ADEC 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 or ADEC, upon request, copies

of records required to be kept by this

permit.

D. Other Information

When the Permittee becomes aware

that it failed to submit any relevant facts

in a permit application, or that it

submitted incorrect information in a

permit application or any report to the

Director or ADEC, it shall promptly

submit the omitted facts or corrected

information.

E. Signatory Requirements

All applications, reports or

information submitted to the Director

and ADEC shall be signed and certified.

1. All permit applications shall be

signed as follows:

a. For a corporation: by a responsible

corporate officer.

b. For a partnership or sole

proprietorship: by a general partner or

the proprietor, respectively.

c. For a municipality, state, federal, or

other public agency: by either a

principal executive officer or ranking

elected official.

2. All reports required by the permit

and other information requested by the

Director or ADEC 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:

a. The authorization is made in

writing by a person described above and

submitted to the Director and ADEC,

and

b. 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, position of equivalent

responsibility, or an individual or

position having overall responsibility

for environmental matters for the

company.

3. Changes to authorization. If an

authorization under Part V.E.2. is no

longer accurate because a different

individual or position has responsibility

for the overall operation of the facility,

a new authorization satisfying the

requirements of paragraph V.E.2. must

be submitted to the Regional

Administrator and ADEC prior to or

together with any reports, information,

or applications to be signed by an

authorized representative.

4. Certification. Any person signing a

document under this Part 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.

F. Availability of Reports

Except for data determined to be

confidential under 40 CFR part 2, all

reports prepared in accordance with this

permit shall be available for public

inspection at the offices of the state

water pollution control agency and the

Director and ADEC. As required by the

Act, permit applications, permits, Best

Management Practices Plans, Mud

Plans, and effluent data shall not be

considered confidential.

G. Inspection and Entry

The Permittee shall allow the

Director, ADEC, or an authorized

representative (including an authorized

contractor acting as a representative of

the Administrator), upon the

presentation of credentials and other

documents as may be required by law,

to:

1. 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;

2. Have access to and copy, at

reasonable times, any records that must

be kept under the conditions of this

permit;

3. Inspect at reasonable times any

facilities, equipment (including

monitoring and control equipment),

practices, or operations regulated or

required under this permit; and

4. 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.

H. 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.

I. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

or any exclusive privileges, nor does it

authorize any injury to private property

or any invasion of personal rights, nor

any infringement of federal, state or

local laws or regulations.

J. Severability

The provisions of this permit are

severable. 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.

K. Transfers

This permit may be automatically

transferred to a new Permittee if:

1. The current Permittee notifies the

Director at least 30 days in advance of

the proposed transfer date;

2. The notice includes a written

agreement between the existing and new

Permittees containing a specific date for

transfer of permit responsibility,

coverage, and liability between them;

and

3. The Director does not notify the

existing Permittee and the proposed

new Permittee of his or her intent to

modify, or revoke and reissue the

permit.

If the notice described in paragraph 3

above is not received, the transfer is

effective on the date specified in the

agreement mentioned in paragraph 2

above.
27522 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices

L. 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.

M. Reopener Clause

1. This permit shall be modified, or

alternatively, revoked and reissued, to

comply with any applicable effluent

standard or limitation issued or

approved under sections 301(b)(2)(C)

and (D), 304(b)(2), and 307(a)(2) of the

Act, as amended, if the effluent

standard, limitation, or requirement so

issued or approved:

a. Contains different conditions or is

otherwise more stringent than any

condition in the permit; or

b. Controls any pollutant or disposal

method not addressed in the permit.

The permit as modified or reissued

under this paragraph shall also contain

any other requirements of the Act then

applicable.

2. This permit may be reopened to

adjust any effluent limitations if future

water quality studies, waste load

allocation determinations, or changes in

water quality standards show the need

for different requirements.

VI. Definitions and Acronyms

1. AAS means atomic absorption

spectrophotometry.

2. Average of daily values for 30

consecutive days means the average of

the daily values obtained during any 30

consecutive day period.

3. Ballast water means harbor, river,

and seawater added or removed to

maintain the proper ship stability when

not loaded with cargo.

4. BMP means Best Management

Practices.

5. bbl/hr means barrels per hour. One

barrel equals 42 gallons.

6. Bilge water means water which

collects in the lower internal parts of the

drilling vessel hull.

7. Blowout preventer fluid means

fluid used to actuate hydraulic

equipment on the blowout preventer.

8. Boiler blowdown means the

discharge of water and minerals drained

from boiler drums.

9. Bulk discharge means the discharge

of more than 100 barrels in a one-hour

period.

10. Bypass means the intentional

diversion of waste streams from any

portion of a treatment facility (see Part

IV.G.).

11. Cd means cadmium.

12. Cooling water means once-through

non-contact cooling water.

13. Deck drainage means all waste

resulting from deck washings, spillage,

rainwater, and runoff from gutters, and

drains including drip pans and work

areas within facilities subject to this

permit.

14. Desalination unit wastes means

wastewater associated with the process

of creating freshwater from seawater.

15. Diesel oil means the grade of

distillate fuel, 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, which contains a

number of toxic pollutants. For the

purpose of this permit, diesel oil

includes the fuel oil present at the

facility.

16. Domestic wastes means materials

discharged from showers, sinks, safety

showers, eye-wash stations, hand-wash

stations, fish-cleaning stations, galleys,

and laundries.

17. Drill cuttings means the particles

generated by drilling into subsurface

geological formations and carried to the

surface with the drilling fluid.

18. Drilling fluid 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

suspended medium for solids, whether

or not oil is present. An oil-based

drilling fluid has diesel oil, mineral oil,

or some other oil as its continuous

phase with water as the dispersed

phase.

19. Drilling Fluids Toxicity Test

means a toxicity test conducted and

reported in accordance with the

following approved toxicity test

methodology: ‘‘Drilling Fluids Toxicity

Test’’ as defined in appendix 2 to

subpart A of 40 CFR part 435.

20. Excess cement slurry means the

excess cement including additives and

wastes from equipment washdown after

a cementing operation.

21. Exploratory facilities means any

fixed or mobile structure subject to

subpart A of 40 CFR part 435 that are

engaged in drilling of wells to determine

the nature of potential hydrocarbon

reservoirs (such as ice islands, gravel

islands, concrete island drilling units).

22. Fire control system test water

means the water released during the

training of personnel in fire protection

and the testing and maintenance of fire

protection equipment.

23. Garbage means all kinds of

victual, domestic, and operational

waste, excluding fresh fish and part

thereof, generated during the normal

operation and liable to be disposed of

continuously or periodically except

dishwater, graywater, and those

substances that are defined or listed in

other Annexes to MARPOL 73/78.

24. GC means gas chromatography.

GC/MS means gas chromatography/

mass spectrometry.

25. A grab sample is a single sample

or measurement taken at a specific time

or over as short a period of time as is

feasible.

26. Hg means mercury.

27. lb/bbl means pounds per barrel.

28. Maximum means the highest

measured discharge or pollutant in a

wastestream during the time period of

interest.

29. Maximum hourly rate as applied

to drilling mud, cuttings, and washwater

means the greatest number of barrels of

drilling fluids discharged within one

hour, expressed as barrels per hour.

30. MLLW means mean lower low

water.

31. MGD means million gallons per

day.

32. mg/kg means milligrams per

kilogram.

33. mg/l means milligrams per liter.

34. Mineral oils means a class of low

volatility petroleum product, generally

of lower aromatic hydrocarbon content

and lower toxicity than diesel oil.

35. Mineral oil pills (also called

mineral oil spots) are formulated and

circulated in the mud system as a slug

in attempt to free stuck pipe. Pills

generally consists of two parts; a

spotting compound and mineral oil.

36. Minimum means the lowest

measured discharge or pollutant in a

wastestream during the time period of

interest.

37. Monitoring month means the

period consisting of the calendar weeks

which end in a given calendar month.

38. Monthly average means the

average of daily discharges over a

monitoring month, calculated as the

sum of all daily discharges measured

during a monitoring month divided by

the number of daily discharges

measured during that month.

39. MSD means marine sanitation

device.

40. Muds, cuttings, cement at sea floor

means the materials discharged at the

surface of the ocean floor in the early

phases of drilling operations, before the

well casing is set, and during well

abandonment and plugging.

41. M9IM means those offshore

facilities continuously manned by nine

(9) or fewer persons or only
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Notices 27523

intermittently manned by any number

of persons.

42. M10 means those offshore

facilities continuously manned by ten

(10) or more persons.

43. No discharge of free oil means that

waste streams may not be discharged

when they would cause a film or sheen

upon or a discoloration of the surface of

the receiving water or fail the static

sheen test defined in appendix 1 to 40

CFR part 435, subpart A.

44. No discharge of diesel oil in

drilling mud means a determination that

diesel oil is not present based on a

comparison of the gas chromatogram

from an extract of the drilling mud and

from diesel oil obtained from the

drilling rig or platform. GC/MS may also

be used.

45. Oil-based drilling mud means a

drilling mud with fossil-derived

petroleum hydrocarbons as the

continuous phase.

46. Open water means less than 25

percent ice coverage within a one (1)

mile radius of the discharge site.

47. Plastics means any garbage that is

solid material, that contains as an

essential ingredient one or more

synthetic organic high polymers, and

that is formed or shaped either during

the manufacture of the polymer or

polymers or during fabrication into a

finished product by heat or pressure or

both. ‘‘Degradable’’ plastics, which are

composed of combinations of

degradable starches are either (a)

synthetically produced or (b) naturally

produced but harvested and adapted for

use, are considered to be plastics.

Naturally produced plastics such as

crabshells and other types of shells,

which appear normally in the marine

environment, are not considered to be

plastics.

48. ppm means parts per million.

49. Putrescible waste means waste

capable of becoming rotting, rotten, or

stinking.

50. Sanitary wastes means human

body waste discharged from toilets and

urinals.

51. Severe property damage means

substantial physical damage to property,

damage to the treatment facilities which

causes 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.

52. Sidetracked well means a new

hole drilled from a main well to a

different bottom hole location.

53. Site means the single, specific

geographical location where a mobile

drilling facility (jackup rig, semisubmersible, or arctic mobile rig)

conducts its activity, including the area

beneath the facility, or to a location on

a single gravel island.

54. Slush ice occurs during the initial

stage of ice formation when

unconsolidated individual ice crystals

(frazil) form a slush layer at the surface

of the water column.

55. SPP means suspended particulate

phase.

56. Stable ice means ice that is stable

enough to support discharged muds and

cuttings.

57. Static Sheen Test means the

standard test procedure that has been

developed for this industrial

subcategory for the purpose of

demonstrating compliance with the

requirement of no discharge of free oil.

The methodology for performing the

static sheen test is presented in

Appendix 1 to Subpart A of 40 CFR part

435.

58. Step-out well means a new hole

drilled from a main well to a different

bottom hole location.

59. Test fluid means the discharge

which would occur should

hydrocarbons be located during

exploratory drilling and tested for

formation pressure and content. This

would consist of fluids sent downhole

during testing along with water and

particulate matter from the formation.

60. Toxicity as applied to BAT

effluent limitations for drilling fluids

and drill cuttings shall refer to the

toxicity test procedure presented in

Appendix 2 to Subpart A of 40 CFR 435.

61. Unstable or broken ice conditions

means greater than 25 percent ice

coverage within a one (1) mile radius of

the discharge site after spring breakup

or after the start of ice formation in the

fall, but not stable ice.

62. 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 (see Part IV.H.).

63. v/v means volume of oil/volume

of mud (per API Retort Test).

64. Victual waste means any spoiled

or unspoiled food waste.

65. Waste stream means any non-de

minimis stream of pollutants within the

Permittee’s facility that enters any

permitted outfall or navigable waters.

This includes spills and other

unintentional, non-routine or

unanticipated discharges.

66. Water depth means the depth of

the water between the surface and the

seafloor as measured at mean lower low

water (0.0).

67. 24-hour composite sample means

a flow-proportioned mixture of not less

than 8 discrete aliquots. Each aliquot

shall be a grab sample of not less than

100 ml and shall be collected and stored

in accordance with procedures

prescribed in the most recent edition of

Standard Methods for the Examination

of Water and Wastewater.

68. 96-hr LC50 means the

concentration of a test material that is

lethal to 50 percent of the test organisms

in a toxicity test after 96 hours of

constant exposure.

VII. References

CENTEC. 1985. Analysis of Diesel Oil in

Drilling Fluids and Drill Cuttings.

Attachment to a letter dated 4/22/95

from David F. Tompkins, Centec

Analytical Services, to Janis Hastings,

EPA Region 10.

U.S. Department of Interior. 1992. Outer

Continental Shelf Natural Gas and Oil

Resource Management: Comprehensive

Program (1992–1997). Proposed final.

Minerals Management Service.

U.S. Environmental Protection Agency. 1993.

Guidance Manual for Developing Best

Management Practices (BMP). Office of

Water. EPA 833–B–93–004. October

1993. (Note—this can be obtained free of

charge from the EPA Water Resource

Center by calling 202/260–7786.)

[FR Doc. 95–12370 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5210–2]

Hazardous Waste Management

System: Land Disposal Restrictions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed approval of

application to extend the approved

Case-by-Case Extension of Land

Disposal Restrictions Effective Date.

SUMMARY: EPA is today proposing

approval of the application submitted

by Great Lakes Chemical Corporation

(Great Lakes), requesting an extension to

the June 30, 1995, extended date of the

RCRA land disposal restrictions (LDR)

treatment standards applicable to

wastewaters with the hazardous wastes

codes K117, K118, K131, K132, and

F039. To be granted such a request, the

applicant must demonstrate, among

other things, that there is insufficient

capacity to manage its waste and has

entered into a binding contractual

commitment to construct or otherwise