Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices 2387

radioactively contaminated sites, for

modeling transport to people, and for

estimating risk to individuals and

populations acceptable for providing a

technical basis for writing a cleanup

standard?

(2a) Are the assumptions for the

combined residential/agricultural land

use scenario, and the pathways model,

reasonable and suitable for assessing

risk at radioactively contaminated sites?

(2b) Are the assumptions for the

combined industrial/commercial land

use scenario, and the pathways model,

reasonable and suitable for assessing

risk at radioactively contaminated sites?

(3) Is RESRAD version 5.01 (specific

reference to RESRAD may be omitted)

suitable for modeling radiation risk to

individuals at radioactively

contaminated sites?

To Obtain More Information on or

Participate in this SAB Meeting:

Members of the public who wish to

make a brief oral presentation at this

meeting should contact Dr.

Kooyoomjian no later than January 18,

1995 in order to have time reserved on

the agenda. Please contact Dr. K. Jack

Kooyoomjian, the Designated Federal

Official, Science Advisory Board (Mail

Code 1400F), US EPA, 401 M Street,

SW, Washington DC 20460, by

telephone at (202) 260–6552, FAX at

(202) 260–7118, or via the INTERNET

at:

Kooyoomjian.Jack@EPAMAIL.EPA.GOV.

In order to obtain a copy of the draft

agenda, please contact Ms. Diana L.

Pozun, Secretary, Science Advisory

Board, at the above address.

Providing Oral or Written Comments at

SAB Meetings

The Science Advisory Board expects

that public statements presented at its

meetings will not be repetitive of

previously submitted oral or written

statements. In general, opportunities for

oral comment at meetings will be

usually limited to five minutes per

speaker and no more than thirty

minutes total. Written comments (at

least 35 copies) received in the SAB

Staff Office sufficiently prior to a

meeting date (usually one week prior to

a meeting), may be mailed to the

subcommittee prior to its meeting;

comments received too close to the

meeting date will normally be provided

to the subcommittee at its meeting.

Written comments may be provided up

until the time of the meeting.

Dated: December 20, 1994.

A. Robert Flaak,

Acting Staff Director, Science Advisory Board.

[FR Doc. 95–418 Filed 1–6–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5133–1]

Final NPDES General Permits for

Produced Water and Produced Sand

Discharges From the Oil and Gas

Extraction Point Source Category to

Coastal Waters in Louisiana

(LAG290000) and Texas (TXG290000)

AGENCY: Environmental Protection

Agency, Region 6.

ACTION: Issuance of Final NPDES

Permits.

SUMMARY: Region 6 of the United States

Environmental Protection Agency (EPA)

today issues final NPDES General

Permits regulating discharges of

produced water and produced sand

derived from oil and gas point source

facilities. The permits prohibit the

discharge of produced water and

produced sand derived from Coastal

Subcategory (40 CFR part 435, subpart

D) to any water subject to EPA

jurisdiction under the Clean Water Act.

Discharges to ‘‘coastal’’ waters of

Louisiana and Texas of produced water

and produced sand derived from most

Stripper Subcategory (40 CFR part 435,

subpart F) and all Offshore Subcategory

(40 CFR part 435, subpart A) facilities

covered by these permits are prohibited.

Under Permit TXG290000, Stripper

Subcategory facilities located east of the

98th meridian whose produced water is

derived from the Carrizo/Wilcox,

Reklaw or Bartosh formations in Texas

and whose produced water does not

exceed 3000 mg/l Total Dissolved Solids

may discharge produced water subject

to effluent limitations on oil and grease

of 25 mg/l monthly average and 35 mg/

l daily maximum. TXG290000 prohibits

the discharge of produced sand derived

from those facilities. Produced water

derived from Stripper Subcategory and

Offshore Subcategory wells which

discharge to the main deltaic passes of

the Mississippi River or to the

Atchafalaya River below Morgan City

including Wax Lake Outlet, are not

covered by Permit No. LAG290000, but

may be regulated in future NPDES

permitting actions. Permittees include

commercial disposal facilities as well as

oil and gas operators generating

produced water and sand.

Region 6 is also issuing an

administrative order requiring

permittees discharging produced water

from existing Coastal, Stripper or

Offshore Subcategory wells which must

meet the No Discharge requirement for

produced water to meet that

requirement no later than January 1,

1997 unless an earlier compliance date

is required by the State.

DATES: These permits will become

effective on February 8, 1995.

ADDRESSES: Notifications required by

these permits should be sent to the

Water Management Division,

Enforcement Branch (6W–EA), EPA

Region 6, P.O. Box 50625, Dallas, Texas

75202.

FOR FURTHER INFORMATION: Contact Ms.

Ellen Caldwell, EPA Region 6, 1445

Ross Avenue, Dallas, Texas 75202;

telephone: (214) 665 7513.

SUPPLEMENTARY INFORMATION: EPA

issues these general permits pursuant to

its authority under Section 402 of the

Clean Water Act, 33 U.S.C. 1342. These

permits cover discharges of produced

water and produced sand derived from

Oil and Gas Point Source Category

Facilities to coastal waters of Louisiana

and Texas. Discharges regulated by

these permits include those from

Coastal Subcategory (40 CFR part 435,

subpart D) facilities in Louisiana and

Texas, discharges from the Stripper

Subcategory (40 CFR part 435, subpart

F) that discharge to coastal waters of

Louisiana and Texas, and discharges

from some Offshore Subcategory (40

CFR part 435, subpart A) to coastal

waters of Louisiana and Texas. These

permits do not authorize discharges

from ‘‘new sources’’ as defined in 40

CFR 122.2.

Public notice of the draft permits was

published in the Federal Register on

December 22, 1992 (57 FR 60926) and

in the Houston Post and New Orleans

Times Picayune on January 9, 1993. As

then announced, the comment period

was to close on February, 9, 1993, but

Region 6 subsequently extended it to

March 15, 1993 because of numerous

telephone and written requests for

additional time. (57 FR 6968, February

3, 1993). Region 6 considered all

comments it received in formulating the

final permits. The Region has prepared

a detailed Response to Comments, but is

not publishing it in this Federal

Register notice for practical reasons. A

copy may be obtained from Ms.

Caldwell at the address supplied above.

EPA Region 6 made a number of

changes to the permits as a result of

comments. Under Permit No.

TXG290000, facilities in the Stripper

Subcategory located east of the 98th

meridian whose produced water comes

from the Carrizo/Wilcox, Reklaw or

Bartosh formations in Texas and whose

produced water does not exceed 3000

mg/l Total Dissolved Solids are allowed

to discharge produced water subject to

an effluent limitation of 3000 mg/l for

Total Dissolved Solids and oil and

grease limits of 25 mg/l monthly average

and 35 mg/l daily maximum. Associated
2388 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices

changes to the wording of Part I.A and

Part II of the permits reflect these

produced water discharge authorization;

e.g., notices of intent to be covered and

Discharge Monitoring Reports are now

required for facilities allowed to

discharge. In response to comments on

potential ambiguities, clarifying

wording changes and additions are also

included in the final permits. Produced

water discharges derived from Stripper

Subcategory and Offshore Subcategory

wells into the main deltaic passes of the

Mississippi River, or to the Atchafalaya

River below Morgan City including Wax

Lake Outlet, have been excluded from

coverage under Permit No. LAG290000

and may be the subject of future

regulatory actions. These changes are

discussed in greater detail in the written

Response to Comments.

The Region is also issuing an

administrative order requiring

permittees discharging produced water

from existing Coastal, Stripper or

Offshore Subcategory wells which must

meet the No Discharge requirement for

produced water, to comply with that

requirement no later than January 1,

1997 unless an earlier compliance date

is required by the State. Many

discharges in Louisiana are required to

cease sooner than January 1, 1997. As

explained in the Fact Sheet for the Draft

Permits, Region 6 was not required to

publish its proposed administrative

order nor is the final order subject to

judicial review before its enforcement.

Region 6 nevertheless solicited

comments on a draft order and

responses proved helpful in formulating

the final order.

Other Legal Requirements

A. State Certification

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

EPA may not issue a NPDES permit

until the State in which the discharge

will occur grants or waives certification

to ensure compliance with appropriate

requirements of the Act and State law.

The State of Louisiana, after review of

the permit, has certified that the

Louisiana permit will comply with

applicable state water quality standards

or limitations. The State of Texas has

waived certification.

B. The Endangered Species Act

The Endangered Species Act (ESA),

16 USC 1536, requires Federal agencies

to insure that their actions, such as

permit issuance, are unlikely to

jeopardize the continued existence of

any listed endangered or threatened

species or result in the destruction or

adverse modification of designated

critical habitat. In informal consultation

under ESA Section 7(a)(2), the U. S.

Fish and Wildlife Service has concurred

with EPA’s determination that issuance

of these permits is unlikely to adversely

affect any federally-listed species or

designated critical habitats.

C. The Coastal Zone Management Act

In accordance with Section 307(c)(3)

of the Coastal Zone Management Act,

the Louisiana Coastal Zone Management

Division of Louisiana Department of

Natural Resources has reviewed NPDES

permit LAG290000 and found its

issuance consistent with the Louisiana

Coastal Zone Management Program.

D. The Paperwork Act

The information collection

requirements of these general permits

have been approved by OMB under

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et.seq. in prior

submissions made for the NPDES permit

program.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act

requires that federal agencies prepare a

regulatory flexibility analysis for

regulations that will have a significant

impact on a substantial number of small

entities. The impact on small entities

was discussed in some detail in the Fact

Sheet (57 FR 60943) for the current

permits. Because certain groups of wells

are now allowed by these final permits

to discharge produced water and, for the

Louisiana permit, compliance with

produced water No Discharge limits will

in many cases be required by state

regulations sooner than required by this

permit, the impact on small entities will

be even less than anticipated for the

proposed permits.

NPDES Permits LAG290000 and

TXG290000 are hearby issued. In

addition, the General Administrative

Order which applies to those permits is

hereby issued and appears following

NPDES Permits LAG290000 and

TXG290000.

Signed this 22nd day of December, 1994.

Myron O. Knudson,

Director, Water Management Division, EPA

Region 6.

In compliance with the provisions of

the Federal Water Pollution Control Act,

as amended (33 U.S.C. 1251 et seq: the

‘‘Act’’), these permits prohibit the

discharge of produced water and

produced sand derived from Oil and

Gas Point Source Category facilities to

‘‘coastal’’ waters of Louisiana and

Texas, as described below, in

accordance with effluent limitations and

other conditions set forth in Parts I and

II. Facilities covered by these permits

include those in the Coastal Subcategory

(40 CFR part 435, subpart D), the

Stripper Subcategory (40 CFR part 435,

subpart F) that discharge to ‘‘coastal’’

waters of Louisiana and Texas, and the

Offshore Subcategory (40 CFR part 435,

subpart A) which discharge to ‘‘coastal’’

waters of Louisiana and Texas.

These permits do not apply to ‘‘new

sources’’ as defined in 40 CFR 122.2.

These permits, except for certain

portions listed in Part I.B., shall become

effective February 8, 1995, and expire at

midnight on February 8, 2000.

Part I

Section A. General Permit Coverage and

Notification Requirements

1. Operations Covered

a. Facilities in the Coastal

Subcategory (40 CFR part 435, subpart

D) located in Louisiana and Texas.

Location of a Coastal Subcategory

facility is determined by the location of

the wellhead associated with that

facility.

b. Facilities in the Offshore

Subcategory (40 CFR part 435, subpart

A) and the Stripper subcategory (40 CFR

part 435, subpart F) which discharge to

‘‘coastal’’ waters of Louisiana or Texas.

Note that facilities in the Stripper

Subcategory and the Offshore

Subcategory that discharge directly to a

major deltaic pass of the Mississippi

River or to the Atchafalaya River,

including Wax Lake Outlet, below

Morgan City are not covered by Permit

No. LAG290000.

c. Facilities which dispose of

produced water or produced sand

derived from Coastal Subcategory

facilities located in Louisiana or Texas.

d. Facilities which dispose of

produced water or produced sand

derived from Stripper or Offshore

Subcategory facilities by discharge to

coastal waters of Louisiana or Texas.

2. Permittees Covered

Operators of facilities listed in Part

I.A.1 of these permits.

3. Notification Requirements

a. Operators of facilities whose

discharge of produced water and

produced sand is prohibited by these

permits are automatically covered; a

written notification of intent to be

covered by these permits is not

required.

b. Operators of facilities whose

produced water discharge is allowed

(See Part I.B.2.a of these permits) are

required to submit a written notification

of intent to be covered by these permits.

Written notification of intent to be

covered, including the legal name and

address of the operator, the lease (or
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices 2389

lease block) number assigned by the

Railroad Commission of Texas or, if

none, the name commonly assigned to

the lease area, the type of facilities

located within the lease (or lease block),

the name of the formation from which

the produced water originates and the

Total Dissolved Solids concentration of

the produce water shall be submitted:

(1) For existing discharges of

produced water, within 45 days of the

effective date of this permit.

(2) For new discharges of produced

water, within fourteen days prior to the

commencement of discharge.

c. Because these permits cover only

produced water and produced sand,

discharges of other waste waters from

Coastal Subcategory wells must apply to

be covered by NPDES Permits

LAG330000 or TXG330000, which cover

the discharge of waste discharges, other

than produced water and produced

sand, from Coastal Subcategory

production (and drilling) facilities.

4. Termination of Operations

Lease (or lease block) operators shall

notify the Regional Administrator

within 60 days after the permanent

termination of discharges from their

facilities. In addition, lease (or lease

block) operators shall notify the

Regional Administrator within 30 days

of any transfer of ownership.

Section B. Application for NPDES

Individual Permit

1. Any operator authorized by this

permit may request to be excluded from

the coverage of this general permit by

applying for an individual permit. The

operator shall submit an application

together with the reasons supporting the

request to the Regional Administrator.

2. When an individual NPDES permit

is issued to an operator otherwise

subject to this general permit, the

applicability of this permit to the owner

or operator is automatically terminated

on the effective date of the individual

permit.

Section C. General Permit Limits

1. Permit Conditions Applicable to

LAG290000

a. Prohibitions

Permittees shall not discharge nor

shall they cause or allow the discharge

of produced water and produced sand.

Operators of facilities generating

pollutants regulated under this permit

shall take reasonable positive steps to

assure said pollutants are not

unlawfully discharged to waters of the

United States by third parties and shall

maintain documentation of those steps

for no less than three years.

b. Other Requirements

All dischargers must comply with any

more stringent requirements contained

in Louisiana Water Quality Regulations,

LAC: 33,IX,7.708.

2. Permit Conditions Applicable to

TXG290000

a. Prohibitions

Permittees shall not discharge nor

shall they cause or allow the discharge

of produced water or produced sand.

Operators of facilities generating

pollutants regulated under this permit

shall take reasonable positive steps to

assure said pollutants are not

unlawfully discharged to waters of the

United States by third parties and shall

maintain documentation of those steps

for no less than three years.

Exception to prohibition on discharge

of produced water: Facilities in the

Stripper Subcategory located east of the

98th meridian whose produced water

comes from the Carrizo/Wilcox, Reklaw

or Bartosh formations in Texas and

whose produced water does not exceed

3000 mg/l Total Dissolved Solids shall

meet the following limits and

monitoring requirements:

(1) Produced water discharges must

meet both a daily maximum of 35

mg/l and a monthly average of 25

mg/l for oil and grease.

(2) Monitoring for oil and grease shall

be performed once per month. The

sample type may be a grab, or a 24-hour

composite consisting of the arithmetic

average of the results of 4 grab samples

taken over a 24-hour period.

(3) Produced water flow monitoring

requirement: Once per month, an

estimate of the flow in MGD (million

gallons per day) must be made and

recorded.

Part II

(Applicable to LAG290000 and

TXG290000)

Section A. General Conditions

1. Introduction

In accordance with the provisions of

40 CFR 122.41 et. seq., this permit

incorporates by reference ALL

conditions and requirements applicable

to NPDES permits set forth in the Clean

Water Act, as amended (hereinafter

known as the ‘‘Act’’) as well as all

applicable EPA regulations.

2. Duty To Comply

The permittee must comply with all

conditions of this permit. Any permit

non-compliance constitutes a violation

of the Clean Water Act and is grounds

for enforcement action and/or for

requiring a permittee to apply for and

obtain an individual NPDES permit.

3. Permit Flexibility

This permit may be modified, revoked

and reissued, or terminated for cause, in

accordance with 40 CFR 122.62–122.64.

The filing for a permit modification,

revocation and reissuance, or

termination, or a notification of planned

changes or anticipated noncompliance,

does not stay any permit condition.

4. Property Rights

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, or

any infringement of Federal, State or

local laws or regulations.

5. Duty To Provide Information

The permittee shall furnish to the

Regional Administrator, within a

reasonable time, any information which

the Regional Administrator 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 the Regional

Administrator, upon request, copies of

records required to be kept by this

permit.

6. Criminal and Civil Liability

Except as provided in permit

conditions on ‘‘Bypassing’’ and

‘‘Upsets’’, nothing in this permit shall

be construed to relieve the permittee

from civil or criminal penalties for

noncompliance. Any false or materially

misleading representation or

concealment of information required to

be reported by the provisions of the

permit, the Act or applicable CFR

regulations which avoids or effectively

defeats the regulatory purpose of the

Permit may subject the permittee to

criminal enforcement pursuant to 18

USC Section 1001.

7. 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 may be

subject under Section 311 of the Clean

Water Act.

8. 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
2390 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices

applicable State law or regulation under

authority preserved by Section 510 of

the Clean Water Act.

9. Severability

The provisions of this permit are

severable, and if any provision of this

permit or the application of any

provision of this permit to any

circumstance is held invalid, the

application of such provision to other

circumstances, and the remainder of

this permit, shall not be affected

thereby.

Section B. Proper Operation and

Maintenance

1. Need To Halt or Reduce Not a

Defense

It shall not be a defense for a

permittee in an enforcement action that

it would have been necessary to halt or

reduce the permitted activity in order to

maintain compliance with the

conditions of this permit.

2. Duty To Mitigate

The permittee shall take all

reasonable steps to minimize or prevent

any discharge in violation of this permit

which has a reasonable likelihood of

adversely affecting human health or the

environment.

3. Proper Operation and Maintenance

The permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed and used by the

permittee to achieve compliance with

the conditions of this permit. This

provision requires the operation of

backup or auxiliary facilities of similar

systems which are installed by a

permittee only when the operation is

necessary to achieve compliance with

the conditions of the permit.

4. Bypass of Facilities

a. Definitions

(1) ‘‘Bypass’’ means the intentional

diversion of waste streams from any

portion of a facility.

(2) ‘‘Severe property damage’’ means

substantial physical damage to property,

damage to the treatment facilities that

causes them to be inoperable, or

substantial and permanent loss of

natural resources than can reasonably be

expected to occur in the absence of

bypass. Severe property damage does

not mean economic loss caused by

delays in production.

b. Notice

(1) Anticipated bypass. If the

permittee knows in advance of the need

for a bypass, it shall submit prior notice,

if possible at least ten days before the

date of the bypass.

(2) Unanticipated bypass. The

permittee shall, within 24 hours, submit

notice of an unanticipated bypass as

required in Part II.D.2.

c. Prohibition of Bypass

(1) Bypass is prohibited, and the

Regional Administrator may take

enforcement action against a permittee

for bypass, unless:

(a) Bypass was unavoidable to prevent

loss of life, personal injury or severe

property damage;

(b) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back-up equipment

should have been installed in the

exercise of reasonable engineering

judgement to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and

(c) The permittee submitted notices as

required by Part II.B.4.b.

(2) The Regional Administrator may

approve an anticipated bypass, after

considering its adverse effects, if the

Regional Administrator determines that

it will meet the conditions listed at Part

II.B.4.c.(1).

5. Upset Conditions

a. Definition

‘‘Upset’’ means an exceptional

incident in which there is unintentional

and temporary noncompliance with

technology-based 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 facilities, inadequate facilities,

lack of preventive maintenance, or

careless or improper operation.

b. Effects of an Upset. An upset

constitutes an affirmative defense of an

action brought for noncompliance with

such technology-based permit effluent

limitations if the requirements of Part

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

during administrative review of claims

that noncompliance was caused by

upset, and before an action for

noncompliance, is final administrative

action subject to judicial review.

c. Conditions necessary for a

demonstration of upset. The permittee

who wishes to establish the affirmative

defense of upset shall demonstrate,

through properly signed,

contemporaneous logs, or other relevant

evidence that:

(1) An upset occurred and that the

permittee can identify the cause(s) of

the upset;

(2) The permitted facility was at the

time being properly operated;

(3) The permittee submitted notice of

the upset as required by Part II.D.2; and

(4) The permittee complied with Part

II.B.2.

d. Burden of Proof. In any

enforcement proceeding the permittee

seeking to establish the occurrence of an

upset has the burden of proof.

6. Removed Substances

Solids, sludges, filter backwash, or

other pollutants removed in the course

of treatment or control of waste waters

shall be disposed of in a manner such

as to prevent any pollution from such

materials from entering waters of the

United States.

Section C. Monitoring and Records

1. Inspection and Entry

The permittee shall allow the

Regional Administrator or an authorized

representative, upon the presentation of

credentials and other documents as may

be required by law, to:

(a) Enter upon the permittee’s

premises where a regulated facility or

activity is located or conducted, or

where records must be kept under the

conditions of this permit;

(b) Have access to and copy, at

reasonable times, any records that must

be kept under the conditions of this

permit;

(c) Inspect at reasonable times any

facilities, equipment (including

monitoring and control equipment),

practices, or operations regulated or

required under this permit; and

(d) Sample or monitor at reasonable

times, for the purposes of assuring

permit compliance or as otherwise

authorized by the Clean Water Act, any

substances or parameters at any

location.

2. Representative Sampling

Samples and measurements taken as

required herein shall be representative

of the volume and nature of the

monitored discharge.

3. Retention of Records

The permittee shall retain records of

all monitoring information, including

all calibration and maintenance records

and all original strip chart recordings for

continuous monitoring instrumentation,

and copies of all reports required by this

permit, for a period of at least 3 years

from the date of the sampling,

measurement, or reporting. This period

may be extended by request of the

Regional Administrator at any time.
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices 2391

The operator shall maintain records at

development and production facilities

for 3 years, wherever practicable and at

a specific shore-based site whenever not

practicable. The operator is responsible

for maintaining records at exploratory

facilities while they are discharging

under the operator’s control and at a

specified shore-based site for the

remainder of the 3-year retention

period.

4. Record Contents

Records of monitoring information

shall include:

(a) The date, exact place, and time of

sampling or measurements,

(b) The individual(s) who performed

the sampling or measurements,

(c) The date(s) analyses were

performed,

(d) The individual(s) who performed

the analyses,

(e) The analytical techniques or

methods used, and

(f) The results of such analyses.

5. Monitoring Procedures

Monitoring must be conducted

according to test procedures approved

under 40 CFR Part 136, unless other test

procedures have been specified in this

permit.

6. Discharge Rate/Flow Measurements

Appropriate flow measurement

devices consistent with accepted

practices shall be selected, maintained,

and used to ensure the accuracy and

reliability of measurements of the

volume of monitored discharges. The

devices shall be installed, calibrated,

and maintained to insure that the

accuracy of the measurements are

consistent with the accepted capability

of that type of device. Devices selected

shall be capable of measuring flows

with a maximum deviation of less than

±10% from true discharge rates

throughout the range of expected

discharge volumes.

Section D. Reporting Requirements

1. Anticipated Noncompliance

The permittee shall give advance

notice to the Regional Administrator of

any planned changes in the permitted

facility or activity which may result in

noncompliance with permit

requirements.

2. Discharge Monitoring Reports

For facilities which are allowed to

discharge and for which monitoring is

required by Part I of these permits, the

operator of each lease (or lease block)

shall be responsible for submitting

monitoring results for all facilities

within that area (i.e., lease or lease

block). The monitoring results for the

facilities within the particular lease (or

lease block) shall be summarized on the

annual Discharge Monitoring Report for

that lease (or lease block).

Monitoring results obtained during

the previous 12 months shall be

summarized and reported on a

Discharge Monitoring Report (DMR)

Form (EPA No. 3320–1). The highest

monthly average for all activity within

each lease (or lease block) shall be

reported. The highest daily maximum

sample taken during the reporting

period shall be reported as the daily

maximum concentration. (See

‘‘Definitions’’ for more detailed

explanations of these terms).

If any category of waste (discharge) is

not applicable for all facilities within

the lease (or lease block) due to the type

of operation (e.g. drilling, production),

‘‘no discharge’’ must be recorded for

those categories on the DMR. If all

facilities within a lease block have had

no activity during the reporting period,

then ‘‘no activity’’ must be written on

the DMR. All pages of the DMR must be

signed and certified as required by Part

II.D.9 of these permits and submitted

when due.

The Permittee must complete all

empty blanks in the DMR unless there

has been absolutely no activity or no

discharge within the lease (or lease

block) for the entire reporting period. In

these cases, EPA Region VI will accept

a listing of leases or lease blocks with

no discharges or no activity, in lieu of

submitting actual DMR’s for these areas.

This listing must specify the permittee’s

NPDES General Permit Number, lease or

lease block description, and EPAassigned outfall number. The listing

must also include the certification

statement presented in Part II.D.9 of

these permits and an original signature

of the designated responsible official.

Upon receipt of a notification of

intent to be covered (see Part I.A.2 of

these permits for facilities requiring

such notification), the permittee will be

notified of its specific outfall number

applicable to that lease (or lease block)

and will be informed of the discharge

monitoring report due date.

All notices and reports required under

this permit shall be sent to EPA Region

6 at the address below:

Director, Water Management Division,

USEPA, Region 6, Enforcement

Branch (6W-EA), P.O. Box 50625,

Dallas, TX 75270

3. Additional Monitoring by the

Permittee

If the permittee monitors any

pollutant more frequently than required

by this permit, using test procedures

approved under 40 CFR Part 136 or as

specified in this permit, the results of

this monitoring shall be included in the

calculation and reporting of the data

submitted in the DMR. Such increased

monitoring frequency shall also be

indicated on the DMR.

4. Averaging of Measurements

Calculations for all limitations which

require averaging of measurements shall

utilize an arithmetic mean unless

otherwise specified by the Regional

Administrator in the permit.

5. Twenty-four Hour Reporting

a. For facilities which are allowed to

discharge produced water by Part I.B.2.a

of Permit No. TXG290000, the permittee

shall report any noncompliance which

may endanger health or the

environment (including any spill that

requires oral reporting to the state

regulatory authority). Information shall

be provided orally within 24 hours from

the time the permittee becomes aware of

the circumstances. A written

submission shall also be provided

within 5 days of the time the permittee

becomes aware of the circumstances.

The written submission shall contain a

description of the noncompliance and

its cause; the period of noncompliance,

including exact dates and times, and if

the noncompliance has not been

corrected, the anticipated time it is

expected to continue; and steps taken or

planned to reduce, eliminate, and

prevent reoccurrence of the

noncompliance. The Regional

Administrator may waive the written

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

report has been received within 24

hours.

The following shall be included as

information which must be reported

within 24 hours:

(1) Any unanticipated bypass which

exceeds any effluent limitation in the

permit;

(2) Any upset which exceeds any

effluent limitation in the permit.

(3) Violations of a maximum daily

discharge limitation or daily minimum

toxicity limitation for any of the

pollutants listed by the Regional

Administrator in Part III of the permit to

be reported within 24 hours.

The reports should be made to Region

6 by telephone at (214) 665–6593. The

Regional Administrator may waive the

written report on a case-by-case basis if

the oral report has been received within

24 hours.

b. For all facilities prohibited from

discharging produced water, the

permittee shall report any

noncompliance with these permits,

bypass or upset. Any information shall
2392 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices

be provided orally within 24 hours from

the time the permittee becomes aware of

the circumstances. A written

submission shall also be provided

within 5 days of the time the permittee

becomes aware of the circumstances.

The written submission shall contain a

description of the noncompliance and

its cause; the period of noncompliance,

including exact dates and times, and if

the noncompliance has not been

corrected, the anticipated time it is

expected to continue; and steps taken or

plans to reduce, eliminate, and prevent

reoccurrence of the noncompliance. The

24 hour oral reporting and follow up

written submission requirement in Part

II.D.5.b of these permits shall become

effective 60 days after the effective date

of these permits.

6. Other Noncompliance

For facilities which are allowed to

discharge by Part I.B.2.a of Permit No.

TXG290000, the permittee shall report

all instances of noncompliance not

reported under Part II, Section D,

paragraphs 2 and 5 at the time

monitoring reports are submitted. The

reports shall contain the information

listed in Section D, paragraph 5.

7. Other Information

Where the permittee becomes aware

that it failed to submit any relevant facts

in any report to the Regional

Administrator, it shall promptly submit

such facts or information.

8. Changes in Discharges of Toxic

Substances

The permittee shall notify the

Regional Administrator as soon as it

knows or has reason to believe:

a. That any activity has occurred or

will occur which would result in the

discharge, on a routine or frequent basis,

or any toxic pollutant which is not

limited in the permit, if that discharge

will exceed the highest of the

‘‘notification levels’’ described in 40

CFR 122.42(a)(l).

b. That any activity has occurred or

will occur which would result in any

discharge, on a non-routine or

infrequent basis, of a toxic pollutant

which is not limited in the permit, if

that discharge will exceed the highest of

the ‘‘notification levels’’ described in 40

CFR 122.42(a)(2).

9. Signatory Requirements

All reports, or information submitted

to the Regional Administrator shall be

signed and certified as follows:

a. For a corporation. By a responsible

corporate officer. For the purpose of this

section, a responsible corporate officer

means:

(1) A president, secretary, treasurer, or

vice-president of the corporation in

charge of a principle business function,

or decision making functions for the

corporation, or

(2) The manager of one or more

manufacturing, production, or operating

facilities employing more than 250

persons or having gross annual sales or

expenditures exceeding $25 million (in

second-quarter 1980 dollars), if

authority to sign documents has been

assigned or delegated to the manager in

accordance with corporate procedures.

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. Either a principle

executive office or ranking elected

official. For purposes of this section, a

principle executive officer of a Federal

agency includes:

(1) The chief executive officer of the

agency, or

(2) A senior executive officer having

responsibility for the overall operations

of a principle geographic unit of the

agency.

d. Alternatively, all reports required

by the permit and other information

requested by the Regional Administrator

may be signed by a person described

above or by a duly authorized

representative only if:

(1) the authorization is made in

writing by a person described above;

(2) the authorization specifies either

an individual or a position having

responsibility for the overall operation

of the regulated facility or activity, such

as the position of plant manager,

operator of a well or oil field,

superintendent, or position of

equivalent responsibility, or an

individual or position having overall

responsibility for environmental matters

for the company. A duly authorized

representative may thus be either a

individual or an individual occupying a

named position; and

(3) the written authorization is

submitted to the Regional

Administrator.

e. Certification. Any person signing a

document under this section shall make

the following certification:

I certify under penalty of law that this

document and all attachments were prepared

under my direction or supervision in

accordance with a system designed to assure

that qualified personnel properly gather and

evaluate the information submitted. Based on

my inquiry of the person or persons who

manage the system, or those persons directly

responsible for the gathering of 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.

10. Availability of Reports

Except for applications, effluent data,

and other data specified in 40 CFR

122.7, any information submitted

pursuant to this permit may be claimed

confidential by the submitter. If no

claim is made at the time of submission,

information may be made available to

the public without further notice.

Section E. Penalties for Violations of

Permit Conditions

1. Criminal

a. Negligent Violations

The Act provides that any person who

negligently violates permit conditions

implementing Sections 301, 302, 306,

307 or 308 of the Act is subject to a fine

of not less than $2500 nor more than

$25,000 per day of violation, or by

imprisonment for not more than 1 year,

or both.

b. Knowing Violations

The Act provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307 or 308 of the Act is subject to a fine

of not less than $5,000 per day of

violation nor more than $50,000 per day

of violation, or by imprisonment for not

more than 3 years, or both.

c. Knowing Endangerment

The Act provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307 or 308 of the Act and who knows

at the time that he is placing another

person in imminent danger of death or

serious bodily injury is subject to a fine

of not more than $250,000, or by

imprisonment for not more than 15

years, or both.

d. False Statements

The Act provides that any person who

knowingly makes any false material

statement, representation, or

certification in any application, record,

report, plan, or other document filed or

required to be maintained under the Act

or who knowingly falsifies, tampers

with, or renders inaccurate, any

monitoring device or method required

to be maintained under the Act, shall

upon conviction, be punished by a fine

of not more than $10,000 per day, or by

imprisonment for not more than 2 years,

or by both. If a conviction of a person

is for a violation committed after a first

conviction of such a person under this

paragraph, punishment shall be by a

fine of not more than $20,000 per day

of violation, or by imprisonment of not
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices 2393

more than 4 years, or by both (See

Section 309(c)(4). of the Clean Water

Act).

2. Civil Penalties

The Act provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

307 or 308 of the Act is subject to a civil

penalty not to exceed $25,000 per day

for each violation.

3. Administrative Penalties

The Act provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

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

subject to a civil penalty not to exceed

$25,000 per day for each violation.

a. Class I Penalty

Not to exceed $10,000 per violation

nor shall the maximum amount exceed

$25,000.

b. Class II Penalty

Not to exceed $10,000 per day for

each day during which the violations

continues nor shall the maximum

amount exceed $125,000.

Section F. Definitions

All definitions in Section 502 of the

Act shall apply to this permit and are

incorporated herein by reference. Unless

otherwise specified in this permit,

additional definitions words or phrases

used in this permit are as follows:

1. Act means the Clean Water Act (33

U.S.C. 1251 et. seq.) as amended.

2. Applicable effluent standards and

limitations means all state and Federal

effluent standards and limitations to

which a discharge is subject under the

Act, including, but not limited to,

effluent limitations, standards of

performance, toxic effluent standards

and prohibitions, and pretreatment

standards.

3. Applicable water quality standards

means all water quality standards to

which a discharge is subject under the

Act and which have been (a) approved

or permitted to remain in effect by the

Administrator following submission to

him/her, pursuant to Section 303(a) of

the Act, or (b) promulgated by the

Administrator pursuant to Section

303(b) or 303(c) of the Act.

4. Bypass means the intentional

diversion of waste streams from any

portion of a treatment facility.

5. Coastal waters are defined as

waters of the United States (as defined

at 40 CFR 122.2) located landward of

the territorial seas.

6. Daily Discharge means the

discharge of a pollutant measured

during a calendar day or any 24-hour

period that reasonably represents the

calendar day for purposes of sampling.

For pollutants with limits expressed in

units of measurement other than mass,

the ‘‘daily discharge’’ is calculated as

the average measurement of the

pollutant over the sampling day. ‘‘Daily

discharge’’ determination of

concentration made using a composite

sample shall be the concentration of the

composite sample. When grab samples

are used, the ‘‘daily discharge’’

determination of concentration shall be

arithmetic average (weighted by flow

value) of all samples collected during

that sampling day.

7. Daily Maximum discharge

limitation means the highest allowable

‘‘daily discharge’’ during the calendar

month.

8. Environmental Protection Agency

means the U.S. Environmental

Protection Agency.

9. Monthly Average (also known as

daily average) discharge limitations

means the highest allowable average of

‘‘daily discharge(s)’’ over a calendar

month, calculated as the sum of all

‘‘daily discharge(s)’’ measured during a

calendar month divided by the number

of ‘‘daily discharge(s)’’ during that

month. When the permit establishes

monthly average concentration effluent

limitations or conditions, the monthly

average concentration means the

arithmetic average (weighted by flow) of

all ‘‘daily discharge(s)’’ of concentration

determined during the calendar month.

10. National Pollutant Discharge

Elimination System means the national

program for issuing, revoking and

reissuing, terminating, monitoring and

enforcing permits, and imposing and

enforcing pretreatment requirements,

under Sections 307, 318, 402 and 405 of

the Act.

11. Produced sand means sand and

other particulate matter from the

producing formation and production

piping (including corrosion products),

as well as source sand and hydrofrac

sand. Produced sand also includes

sludges generated by any chemical

polymer used in a produced water

treatment system.

12. Produced water means water

(brine) brought up from the

hydrocarbon-bearing strata during the

extraction of oil and gas, and can

include formation water, injection

water, and any chemicals added down

hole or during the oil/water separation

process.

13. Regional Administrator means the

Administrator of the U.S.

Environmental Protection Agency,

Region 6.

14. Severe property damage means

substantial physical damage to property,

damage to 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

bypass. Severe property damage does

not mean economic loss caused by

delays in production.

15. Territorial seas refers to ‘‘the belt

of the seas measured from the line of

ordinary low water along that portion of

the coast which is in direct contact with

the open sea and the line marking the

seaward limit of inland waters, and

extending seaward a distance of three

miles.’’

16. 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.

Section C. Monitoring and Records

United States Environmental Protection

Agency, Region 6, In Re: NPDES Permit

Nos. LAG290000 and TXG290000,

General Administrative Compliance

Order

The following Findings are made and

Order issued pursuant to the authority

vested in the Administrator of the

Environmental Protection Agency (EPA)

by Section 309(a)(3) of the Clean Water

Act (hereinafter ‘‘the Act’’), 33 U.S.C.

1319(a)(3), and duly delegated to the

Regional Administrator, Region 6, and

duly redelegated to the undersigned

Director, Water Management Division,

Region 6. Failure to comply with the

interim requirements established in this

Order constitutes a violation of this

Order and the NPDES permits.

Findings

I

The term ‘‘waters of the United

States’’ is defined at 40 C.F.R. 122.2.

The term ‘‘coastal’’ is defined in NPDES

Permits LAG290000 and TXG290000

and includes facilities which would be

considered ‘‘Onshore’’ but for the

decision in API v. EPA 661 F.2 340 (5th

Cir. 1981). The term ‘‘existing’’ means

spudded prior to the effective date of

NPDES Permits LAG290000 and

TXG290000.

II

Pursuant to the authority of Section

402(a)(1) of the Act, 33 U.S.C. § 1342,
2394 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Notices

Region 6 issued National Pollutant

Discharge Elimination System (NPDES)

Permits No. LAG290000 and

TXG290000 with an effective date of

February 8, 1995. These permits

prohibit the discharge of produced

water and produced sand derived from

Oil and Gas Point Source Category

facilities to ‘‘coastal’’ waters of

Louisiana and Texas in accordance with

effluent limitations and other conditions

set forth in Parts I and II of these

permits. Facilities covered by these

permits include those in the Coastal

Subcategory (40 CFR 435, Subpart D),

the Stripper Subcategory (40 CFR 435,

Subpart F) that discharge to ‘‘coastal’’

waters of Louisiana and Texas, and the

Offshore Subcategory (40 CFR 435,

Subpart A) which discharge to ‘‘coastal’’

waters of Louisiana and Texas.

III

Respondents herein are permittees

subject to General NPDES Permit Nos.

LAG290000 and/or TXG290000 and

who:

A. Discharge produced water derived

from an existing Coastal, Stripper or

Offshore Subcategory well or wells to

‘‘coastal’’ waters of Texas or Louisiana

on the effective date of LAG290000 or

TXG290000.

B. Discharge produced water derived

from an existing Coastal Subcategory

well or wells located in Louisiana or

Texas to waters of the United States

outside Louisiana or Texas ‘‘coastal’’

waters on the effective date of

LAG290000 or TXG290000.

C. Are required by Permits No.

LAG290000 or TXG290000 to meet the

requirement of No Discharge of

produced water and are taking

affirmative steps to meet that

requirement.

D. Have submitted an ‘‘Administrative

Order Notice’’. Such Notices shall be

sent to: Enforcement Branch (6W–EA),

Region 6, U. S. Environmental

Protection Agency, P.O. Box 50625,

Dallas TX 75270. Upon submission of

such an Administrative Order Notice, a

permittee shall be a Respondent under

this General Administrative Order. The

terms of each Administrative Order

Notice submitted shall be considered

terms of this Order and shall be

enforceable against the Respondent

submitting the Administrative Order

Notice. Each Administrative Order

Notice must include:

1. Identification of the facility by

name and its location (by lease, lease

block, field or prospect name), the name

and address of its operator, and the

name, address and telephone number of

a contact person.

2. A certification signed by a person

meeting the requirements of Part II,

Section D.9 (Signatory Requirements) of

Permits LAG290000 and TXG290000

stating that a Compliance Plan has been

prepared for the facility in accordance

with this Order. A copy of this plan

shall not be included with the

Administrative Order Notice, but shall

be made available to EPA upon request.

3. A Compliance Plan shall include a

description of the measures to be taken,

along with a schedule, to cease

discharge of produced water to waters of

the United States as expeditiously as

possible.

IV

To maintain oil and gas production

and comply with the permits’

prohibition on the discharge of

produced water, a significant number of

Respondents will have to reinject their

produced water. A lack of access to the

finite number of existing Class II

disposal wells, state UIC permit writers,

and drilling contractors may cause noncompliance for a significant number of

Respondents. In addition, time will be

required for some Respondents to

reroute produced water collection lines

to transport the produced water to

injection wells.

V

Respondents may reasonably perform

all actions necessary to cease their

discharges of produced water no later

than January 1, 1997.

Order

Based on the foregoing Findings, it is

Ordered that Respondents:

A. Fully comply with all conditions of

NPDES Permits No. LAG290000 and

TXG290000 except for the prohibition

on the discharge of produced water and

except for the requirement that all

discharges of produced water be

reported within twenty-four hours.

B. Complete all activities necessary to

attain full and continuance compliance

with NPDES Permits No. LAG290000

and TXG290000 as soon as possible, but

in no case later than January 1, 1997.

C. Operate and maintain all existing

pollution control equipment, including

existing oil/water separation equipment,

in such a manner as to minimize the

discharge of pollutants contained in

produced water at all times until such

time as respondents cease their

discharges of produced water.

D. Submit notice to the Water

Enforcement Branch of EPA Region 6

when produced water discharges subject

to this Order have ceased.

E. Subject to NPDES Permit

LAG290000 comply at all times with

Part I. Section B.1.b of said permit,

requiring that Respondents meet any

more stringent requirements contained

in Louisiana Water Quality Regulation,

LAC: 33,IX,7.708.

Nothing herein shall preclude

additional enforcement action.

The effective date of this Order shall

be the effective date of NPDES Permits

No. LAG290000 and TXG290000.

[FR Doc. 95–416 Filed 1–6–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

Public Information Collection

Approved by Office of Management

and Budget

December 30, 1994.

The Federal Communications

Commission (FCC) has received Office

of Management and Budget (OMB)

approval for the following public

information collection pursuant to the

Paperwork Reduction Act of 1980, Pub.

L. 96–511. For further information

contact Shoko B. Hair, Federal

Communications Commission, (202)

418–1379.

Federal Communications Commission

OMB Control No.: 3060–0626.

Title: Implementation of Sections 3(n)

and 332 of the Communications Act—

Third Report and Order, Gen. Docket

No. 93–252.

Expiration Date: 11/30/97.

Estimated Annual Burden: 6923 total

annual hours; .50 - 10 hours per

response.

Description: In the Third Report and

Order in Gen. Docket No. 93–252, the

Commission adopted changes to its

technical, operational, and licensing

rules for private mobile radio service

licensees to implement Sections 3(n)

and 332 of the Communications Act of

1934, as amended. These rules are

necessary to implement the statute and

to establish regulatory symmetry among

similar mobile services.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–373 Filed 1–6–95; 8:45 am]

BILLING CODE 6712–01–F

Public Information Collection

Approved by Office of Management

and Budget

December 30, 1994.

The Federal Communications

Commission (FCC) has received Office