Notice2023-04665
Issuance of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges From Hydrostatic Testing of New and Existing Vessels in New Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country Within the States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, OKG27I000, NMG27I000, & LAG27I000)
Primary source
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Published
March 7, 2023
Effective
April 15, 2023
Issuing agencies
Environmental Protection Agency
Abstract
On February 21, 2023, the Water Division Director for the United States Environmental Protection Agency (EPA), Region 6 signed and issued the final permit of the NPDES General Permit for Discharges from Hydrostatic Testing of New and Existing Vessels in New Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within the States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, OKG27I000, NMG27I000, & LAG27I000).
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14163-14165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04665]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R06-OW-2022-0371; FRL-9257-02-R6]
Issuance of the National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges From Hydrostatic Testing of New
and Existing Vessels in New Mexico (NMG270000), Oklahoma (OKG27F000),
and Indian Country Within the States of Texas, Oklahoma, New Mexico,
and Louisiana (TXG27I000, OKG27I000, NMG27I000, & LAG27I000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final permit issuance.
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SUMMARY: On February 21, 2023, the Water Division Director for the
United States Environmental Protection Agency (EPA), Region 6 signed
and issued the final permit of the NPDES General Permit for Discharges
from Hydrostatic Testing of New and Existing Vessels in New Mexico
(NMG270000), Oklahoma (OKG27F000), and Indian Country within the States
of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000, OKG27I000,
NMG27I000, & LAG27I000).
DATES: Pursuant to 40 CFR 123.61 (c) the NPDES General Permit was
issued on February 21, 2023, is effective on April 15, 2023, and
expires April 14, 2028. This effective date is necessary to provide
dischargers with the immediate opportunity to comply with Clean Water
Act requirements.
To View and/or Obtain Copies of Documents. A copy of the NPDES
General Permit and related documents may be viewed or downloaded, at no
cost, from the EPA website at <a href="https://www.epa.gov/publicnotices">https://www.epa.gov/publicnotices</a> or
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or <a href="https://www.epa.gov/npdes-permits">https://www.epa.gov/npdes-permits</a> under
New Mexico, Oklahoma, Louisiana and Texas.
FOR FURTHER INFORMATION CONTACT: Ms. Maria Okpala, EPA Region 6, NPDES
Permit Section (R6 WD-PE), 214-665-3152, <a href="/cdn-cgi/l/email-protection#b9d6d2c9d8d5d897d4d8cbd0d8f9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="4f20243f2e232e61222e3d262e0f2a3f2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this action include permittees
discharging water to a non-jurisdictional water that flows into a WOTUS
that EPA has jurisdiction over, discharges to adjacent land that
evaporate, soak in or used for agricultural irrigation but not reach
WOTUS even though a groundwater
[[Page 14164]]
functional equivalent are exempt from NPDES, all resulting from a
hydrostatic test from:
a. New vessels relatively free of pollutants that could be
discharged along with the hydrostatic test water. Pollutants in the
vessel prior to the hydrostatic test may include construction debris,
suspended solids from soil and welding solids, lubricating oil, and pH.
b. Existing vessels that contain or previously contained or
transferred raw or potable water, where the water used for hydrostatic
tests does not contain corrosion inhibitors, antifreeze compounds,
biocides, or other chemical additives (except chlorine or tracer dyes).
c. Existing vessels that previously contained only elemental gases
(hydrogen, oxygen, nitrogen, etc.); and existing vessels that
previously contained or transferred natural gas, natural gas liquids,
including condensate, oil, produced water and/or other similar
substances.
The areas of coverage are identified Part I, Section A.1 of the
final permit, and also stated below:
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Areas of coverage/where EPA is permitting
Master permit number authority
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NMG270000.................... The State of New Mexico, except Indian
country within the State of New Mexico.
OKG27F000.................... Discharges in the State of Oklahoma
including certain areas of Indian
country covered by an extension of state
program authority pursuant to Section
10211 of the Safe, Accountable,
Flexible, Efficient Transportation
Equity Act (SAFETEA).\1\
NMG27I000.................... Indian country within the State of New
Mexico, except Pueblo of Laguna and
Pueblo of Acoma, Navajo Nation lands
that are regulated by EPA Region 9 and
Ute Mountain Ute Reservation lands that
are regulated by EPA Region 8.
TXG27I000.................... Indian country within the State of Texas.
OKG27I000.................... Indian country within the State of
Oklahoma, except areas of Indian Country
covered by an extension of state program
authority pursuant to Section 10211 of
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act
(SAFETEA).
The areas covered by OKG27I000 are
described as: Indian country lands,
which include rights-of-way running
through the same, that: (1) qualify as
Indian allotments, the Indian titles to
which have not been extinguished, under
18 U.S.C. Sec. 1151(c); (2) are held
in trust by the United States on behalf
of an individual Indian or Tribe; or (3)
are owned in fee by a Tribe, if the
Tribe (a) acquired that fee title to
such land, or an area that included such
land, in accordance with a treaty with
the United States to which such Tribe
was a party, and (b) never allotted the
land to a member or citizen of the
Tribe.
LAG27I000.................... Indian country within the State of
Louisiana.
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The EPA retains jurisdiction over discharges in these areas. If you
have any questions regarding the applicability of this action to a
particular entity, please contact Ms. Maria Okpala, EPA Region 6, NPDES
Permit Section (R6 WD-PE), 214-665-3152, <a href="/cdn-cgi/l/email-protection#94fbffe4f5f8f5baf9f5e6fdf5d4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="82ede9f2e3eee3acefe3f0ebe3c2e7f2e3ace5edf4">[email protected]</span></a>.
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\1\ On December 22, 2021, EPA proposed to withdraw and
reconsider the October 1, 2020, SAFETEA approval. See <a href="https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information">https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information</a>. EPA is engaging in further consultation with
tribal governments and expects to have discussions with the State of
Oklahoma as part of this reconsideration. EPA also notes that the
October 1, 2020, approval is the subject of a pending challenge in
federal court. Pawnee Nation of Oklahoma v Regan, No. 20-9635 (10th
Cir.). EPA may make further changes to the approval of Oklahoma's
program to reflect the outcome of the proposed withdrawal and
reconsideration of the October 1, 2020, SAFETEA approval. Pending
completion of EPA's review, EPA is proceeding with notice of this
proposed permit in accordance with the October 1, 2020, approval.
EPA's final action on this permit will address the scope of coverage
of this permit with respect to Indian country which may require
appropriate adjustments, based on the status of our review of the
SAFETEA approval. If EPA issues a final permit before our review of
the SAFETEA approval is complete, EPA may reopen this the permit to
make further changes to the scope of coverage to reflect the outcome
of the SAFETEA review.
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B. What action is the EPA taking?
The EPA is providing notice of the final NPDES Permit Issuance for
discharges from Hydrostatic Testing of New and Existing Vessels in New
Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within the
States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000,
OKG27I000, NMG27I000, & LAG27I000).
C. What is the EPA's authority for taking this action?
Section 301 (a) of the Clean Water Act (CWA or the Act), 33 U.S.C.
1311 (a), prohibits the discharge of pollutants to waters of the United
States in the absence of authorizing permits. CWA section 402, 33
U.S.C. 1342, authorizes EPA to issue National Pollutant Discharge
Elimination System (NPDES) permits allowing discharges on condition
they will meet certain requirements, including CWA sections 301, 304,
306, 401 (33 U.S.C. 1331, 1314, and 1341) and 403. Those statutory
provisions state that NPDES permits must include effluent limitations
requiring authorized discharges to: (1) meet standards reflecting
levels of technological capability, (2) comply with EPA-approved state
water quality standards, and (3) comply with other state requirements
adopted under authority retained by states under CWA 510, 33 U.S.C.
1370.
Two types of technology-based effluent limitations must be included
in the permit proposed here. With regard to conventional pollutants
(i.e., pH, biochemical oxygen demand (BOD), oil and grease, TSS, and
fecal coliform), CWA section 301(b)(2)(E) requires effluent limitations
based on ``best conventional pollution control technology'' (BCT). With
regard to non-conventional and toxic pollutants, CWA section
301(b)(2)(A), (C), and (D) require effluent limitations based on ``best
available pollution control technology economically achievable'' (BAT),
a standard which generally represents the best performing existing
technology in an industrial category or subcategory. BAT and BCT
effluent limitations may never be less stringent than corresponding
effluent limitations based on best practicable control technology
(BPT), a standard applicable to similar discharges prior to March 31,
1989, under CWA 301(b)(1)(A).
Frequently, EPA adopts nationally applicable guidelines identifying
the BPT, BCT, and BAT standards to which specific industrial categories
and subcategories are subject. There are no national guidelines for the
activities authorized in the final permit. National Guidelines
establishing BPT, BCT, and BAT standards have not been promulgated for
discharges from the
[[Page 14165]]
hydrostatic testing of vessels. The BCT and BAT requirements for these
discharges have, therefore, been established using BPJ, as required by
CWA section 402(a)(1). Until such guidelines are published, CWA section
402(a)(1) requires that EPA determine appropriate BCT and BAT effluent
limitations in its NPDES permitting actions on the basis of its best
professional judgment (BPJ).
Department of Transportation regulations 49 CFR Subchapter D, Part
192, prescribe minimum safety requirements for pipeline facilities and
the transportation of gas. Part 192, Subpart J, prescribes minimum
leak-test and strength test requirements for pipelines where the test
medium must be liquid, air, natural gas, or inert gas. Part 192.515(b)
states that the operator shall insure that the test medium is disposed
of in a manner that will minimize damage to the environment. 49 CFR
part 195 prescribes the transportation of hazardous liquids by
pipeline.
The Agency may issue ``general permits'' applicable to a class of
similar discharges within a discreet geographical area. See NRDC v.
Costle, 568 F.2d 1369 (D.C. Cir. 1977) and 40 CFR 122.28. Issuance of
such permits is not controlled by the procedural rules EPA uses for
individual permits but is instead subject to section 4 of the
Administrative Procedure Act (APA), 5 U.S.C. 553, as supplemented by
EPA regulations. EPA must, however, comply with the substantive
requirements of the CWA without regard to whether it is issuing an
individual or general NPDES permit.
II. Public Notification Information
A. Public Notice of the Hydrostatic Test General Permit
On April 27, 2022, the EPA, Region 6, commenced the public comment
period for the (NPDES) general permit authorizing discharges resulting
from the hydrostatic testing of new and existing vessels (e.g.,
pipelines, storage tanks, etc.) in New Mexico (NMG270000) and Oklahoma
(OKG27F000). This authorization also covers Indian Country within the
States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000,
OKG27I000, NMG27I000, & LAG27I000) [EPA-R06-OW-2022-0371; FRL-9257-01-
R6].
The notice was also published at <a href="https://www.epa.gov/publicnotices">https://www.epa.gov/publicnotices</a>.
B. Public Process
The EPA Region 6 opened a 60-day public comment period on April 27,
2022, that ended on June 27, 2022 (11:59 p.m. CST).
EPA held a virtual information Tribal Consultation session via
TEAMS on May 18, 2022, with tribal environmental staff at which EPA
explained the basis for the general permit and answered any question
that the tribe had.
All comments received by the EPA were considered and responded by
the EPA with the final general permit. Information about the Factsheet
and draft permit are available at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID. No
EPA-R06-OW-2022-0371.
III. Summary of Responses to Comments and Clean Water Act Section 401
Certifications
The EPA received 15 written comments from the New Mexico
Environment Department. These comments are mostly specific to the New
Mexico Water Quality Standards. One major comment was on the request to
include operational information in the hydrostatic test monitoring
records. The requested monitoring records are:
a. Start/stop time of testing
b. Duration of discharge
c. Volume of discharge
d. Source water of hydrostatic test water
e. Disposition location
After due consideration, EPA included the above requested operation
information in Part I, Section E of the final permit.
EPA also received Conditions of Certifications from the New Mexico
Environment Department, Oklahoma Department of Environmental Quality,
all the Region 6 Tribes with CWA Certification Authority except the
Pueblo of Laguna and the Pueblo of Acoma. The final permit excluded
discharges on the Pueblo of Laguna and the Pueblo of Acoma from this
general permit because these two Pueblos denied CWA certification.
Changes from the draft permit to implement e-reporting and e-filing
of NOIs have been made to the final permit under the Minor Modification
procedures at 40 CFR 122.63(f).
Additional details of the comments received, and responses are
available at <a href="http://www.regulations.gov">www.regulations.gov</a> or at <a href="https://www.epa.gov/publicnotices">https://www.epa.gov/publicnotices</a>.
Authority
This action is taken under the authority of section 402 of the
Clean Water Act as amended, 33 U.S.C. 1342. I hereby provide public
notice of the EPA's final action authorizing the NPDES General Permit
for Discharges from Hydrostatic Testing of New and Existing Vessels in
New Mexico (NMG270000), Oklahoma (OKG27F000), and Indian Country within
the States of Texas, Oklahoma, New Mexico, and Louisiana (TXG27I000,
OKG27I000, NMG27I000, & LAG27I000).
Charles W. Maguire,
Director, Water Division, EPA Region 6.
[FR Doc. 2023-04665 Filed 3-6-23; 8:45 am]
BILLING CODE 6560-50-P
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