[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Pages 12555-12556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5519]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5166-5]


Modification of General Administrative Compliance Order for 
Produced Water Discharges Covered by 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: Modification of General Administrative Compliance Order.

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SUMMARY: Region 6 of the United States Environmental Protection Agency 
(EPA) today modifies the General Administrative Compliance Order that 
was issued January 9, 1995, at 60 FR 2393. This Order is modified to 
add as respondents to the Order those permittees subject to General 
NPDES Permit Nos. LAG290000 and TXG290000 who discharge produced water 
from new Coastal, Stripper or Offshore Subcategory wells to ``coastal 
`` waters of Texas or Louisiana which will be spudded after the 
effective date of NPDES permits LAG290000 and TXG290000 and which 
discharge produced water through existing facilities that are required 
by this Order to cease produced water discharges no later than January 
1, 1997.

DATES: The General Administrative Compliance Order will become 
effective on March 7, 1995.

ADDRESSES: Notifications required by this Order 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: The General Administrative Compliance Order 
being modified today was originally issued January 9, 1995 and 
published in the Federal Register at 60 FR 2393 with an effective date 
of February 8, 1995. After the Order was issued, the Region received 
information that a number of new wells are planned to be drilled in the 
near future in existing fields in Louisiana and Texas. The discharge of 
produced water associated with these new wells is not currently covered 
by the Order. These wells are ones which will discharge their produced 
water through existing treatment/discharge facilities that are required 
by the Order to cease discharge of produced water no later than January 
1, 1997. Individual wells of this type cannot normally justify a 
separate injection well for a single production well. If the Order was 
not modified, it was claimed that oil and gas drilling in coastal 
Louisiana and Texas would be delayed until the planned injection 
facilities are in place, which in some cases may be nearly 2 years. The 
Region has agreed to modify the Order to allow coverage of produced 
water discharges from those new wells.
    Those permittees who have already submitted an ``Administrative 
Order Notice'' in connection with the General Administrative Compliance 
Order issued January 9, 1995 do not need to resubmit an Administrative 
Order Notice to be covered by today's modified Order.
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 well'' [[Page 12556]] means a well spudded prior to the 
effective date of NPDES Permits LAG290000 and TXG290000. The term ``new 
well'' means a well spudded after the effective date of NPDES Permits 
LAG290000 and TXG290000 whose associated produced water will be 
discharged through an existing treatment/discharge facility required by 
this Order to cease discharge of produced water no later than January 
1, 1997.

II

    Pursuant to the authority of Section 402(a)(1) of the Act, 33 
U.S.C. Sec. 1342, 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, or will discharge produced water derived from a new 
Coastal, Stripper or Offshore Subcategory well or wells to ``coastal'' 
waters of Texas or Louisiana.
    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, or 
will discharge produced water derived from a new Coastal Subcategory 
well or wells located in Louisiana or Texas to waters of the United 
States outside Louisiana or Texas ``coastal'' waters.
    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 non-compliance 
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.

VI

    For new wells as defined by this ORDER, coverage under this ORDER 
shall begin immediately after the discharge of the associated produced 
water begins.

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 continuous 
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 C.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 March 7, 1995.

    Dated: February 24, 1995.
Myron O. Knudson,
Director, Water Management Division (6W).
[FR Doc. 95-5519 Filed 3-6-95; 8:45 am]
BILLING CODE 6560-50-P