Notice2023-12292
Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft National Environmental Policy (NEPA) Categorial Exclusion (CatX)
Primary source
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Published
June 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Regional Administrator of EPA Region 4 (the "Region") is today proposing to reissue the National Pollutant Discharge Elimination System (NPDES) general permit for the Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No. GEG460000) for discharges in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category. The draft permit pertains to discharges from exploration, development, and production facilities located in, and discharging to, all federal waters of the eastern portion of the Gulf of Mexico seaward of the outer boundary of the territorial seas, and it covers existing and new source facilities with operations located on federal leases occurring in water depths seaward of 200 meters, occurring offshore the coasts of Alabama and Florida. The western boundary of the coverage area is demarcated by Mobile and Visoca Knoll lease blocks located seaward of the outer boundary of the territorial seas from the coasts of Mississippi and Alabama. Individual permits will be issued for operating facilities on lease blocks traversed by and shoreward of the 200-meter water depth.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37878-37880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12292]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10164-01-R4]
Notice of Draft National Pollutant Discharge Elimination System
(NPDES) General Permit for the Eastern Portion of the Outer Continental
Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft
National Environmental Policy (NEPA) Categorial Exclusion (CatX)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed reissuance of NPDES general permit, notice
to states of Mississippi, Alabama, and Florida for consistency review
with approved Coastal Management Programs.
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SUMMARY: The Regional Administrator of EPA Region 4 (the ``Region'') is
today proposing to reissue the National Pollutant Discharge Elimination
System (NPDES) general permit for the Outer Continental Shelf (OCS) of
the Gulf of Mexico (General Permit No. GEG460000) for discharges in the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category. The draft permit pertains to discharges from exploration,
development, and production facilities located in, and discharging to,
all federal waters of the eastern portion of the Gulf of Mexico seaward
of the outer boundary of the territorial seas, and it covers existing
and new source facilities with operations located on federal leases
occurring in water depths seaward of 200 meters, occurring offshore the
coasts of Alabama and Florida. The western boundary of the coverage
area is demarcated by Mobile and Visoca Knoll lease blocks located
seaward of the outer boundary of the territorial seas from the coasts
of Mississippi and Alabama. Individual permits will be issued for
operating facilities on lease blocks traversed by and shoreward of the
200-meter water depth.
DATES: Comments must be received by July 10, 2023.
ADDRESSES: The draft NPDES general permit, permit fact sheet, draft
CatX and other relevant documents are on file and may be inspected any
time between 8:15 a.m. and 4:30 p.m., Monday through Friday at the
address shown below. Copies of the draft NPDES general permit, permit
fact sheet, draft CatX and other relevant documents may be obtained by
writing the U.S. EPA-Region 4, Water Division (WD), NPDES Section, Sam
Nunn Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960, Attention: Ms. Bridget Staples, or by calling (404) 562-
9783. Alternatively, copies of the draft NPDES general permit, permit
fact sheet, draft CatX, Essential Fish Habitat Determination and
preliminary Ocean Discharge Criteria Evaluation may be downloaded at:
<a href="http://www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits">www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4, WD,
NPDES Section, by mail at the Atlanta address given above, by telephone
at (404) 562-9783 or by email at <a href="/cdn-cgi/l/email-protection#81d2f5e0f1ede4f2afc3f3e8e5e6e4f5c1e4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="0d5e796c7d61687e234f7f64696a68794d687d6c236a627b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: As proposed, this draft NPDES general permit
includes, best conventional pollutant control technology (BCT), and
best available technology economically achievable (BAT) limitations for
existing sources and new source performance standards (NSPS)
limitations for new sources as promulgated in the effluent guidelines
for the offshore subcategory. The draft permit also includes the
[[Page 37879]]
following changes to the current permit: (1) New whole effluent
toxicity testing limits for well treatment, completion, and workover
fluids not discharged with produced wastewaters; and (2) clarification
definitions for ``discharge of a pollutant, ``facility'', ``floating
offshore facility'', ``manned facility'', ``mobile offshore drilling
unit'', and ``barrels per day''. Region 4 is also making available a
draft National Environmental Policy (NEPA) Categorial Exclusion (CatX)
for review during the 30-day public comment period for this general
permit. The draft CatX is an exclusion from a detailed environmental
analysis since the changes in draft NPDES permit were not significant
from conditions in the current permit; the proposed federal action was
determined to not have a significant effect on the human environment
(reference 40 Code of Federal Regulations (CFR) Sec. 1508.1(d).
I. Procedures For Reaching a Final Permit Decision
Pursuant to 40 CFR 124.13, any person who believes any condition of
the permit is inappropriate must raise all reasonably ascertainable
issues and submit all reasonably available arguments in full,
supporting their position, by the close of the comment period. All
comments on the draft NPDES general permit and the draft CatX received
within the 30-day comment period will be considered in the formulation
of final determination regarding the NEPA review and the permit
reissuance. After consideration of all written comments and the
requirements and policies in the Clean Water Act (CWA) and appropriate
regulations, the EPA Regional Administrator will make a determination
regarding the final CatX, Finding of No Significant Impact, and permit
reissuance. If the determination results in a permit that is
substantially unchanged from the draft permit announced by this notice,
the Regional Administrator will so notify all persons submitting
written comments. If the determination results in a permit that is
substantially changed, the Regional Administrator will issue a public
notice indicating the revised determination.
A formal hearing is available to challenge any NPDES permit issued
according to the regulations at 40 CFR 124.15 and 124.19, except for a
general permit, as provided at 40 CFR 124.19(o). Persons affected by a
general permit may not challenge the conditions of a general permit as
a right in further Agency proceedings. They may instead either
challenge the general permit in court, or apply for an individual
permit as authorized at 40 CFR 122.28, in accordance with the
application requirements set forth at 40 CFR 122.21, and then request a
formal hearing on the issuance or denial of an individual permit.
Additional information regarding these procedures is available by
contacting Mr. Paul Schwartz, Associate Regional Counsel, Office of
Regional Counsel, at (404) 562-9576.
II. Procedures For Obtaining General Permit Coverage
Notice of Intent (NOI) requirements for obtaining coverage for
operating facilities are stated in Part I Section A.4 of the general
permit. Coverage under the reissued general permit is effective upon
receipt of notification of coverage with an assignment of an NPDES
general permit number from the EPA-Region 4, Director of the Water
Division. EPA will act on the NOI within a reasonable period of time.
III. Exclusion of Non-Operational Leases
This permit does not apply to non-operational leases, i.e., those
on which no discharge has taken place in the two (2) years prior to the
effective date of the reissued general permit. EPA will not initially
accept NOIs for such leases, and the general permit will not cover such
leases, except as set forth below. Non-operational leases will lose
coverage under the previous general permit on the effective date of the
reissued general permit. No subsequent exploration, development or
production activities may take place on these leases until and unless
the lessee has obtained coverage under the new general permit or an
individual permit. EPA will not accept an NOI or individual permit
application for non-operational or new acquired leases until such time
as an Exploration Plan Document or the Development Operations
Coordination Document has been prepared and submitted to Bureau of
Energy Management.
IV. State Water Quality Certification
Because state waters are not included in the area covered by the
OCS general permit, its effluent limitations and monitoring
requirements are not subject to state water quality certification under
CWA Section 401. However, the states of Alabama, Florida and
Mississippi have been provided a copy of this draft general permit,
draft CatX to review and submit comments. Copies of these documents
have also been provided to EPA Headquarters for their review.
V. State Consistency Determination
This Notice will also serve as Region 4's requirement under the
Coastal Zone Management Act (CZMA) to provide all necessary information
for the states of Mississippi, Alabama and Florida to review this
action for consistency with their approved Coastal Zone Management
Programs. A copy of the consistency determination on the proposed
activities is being sent to each affected State, along with a letter
including this FR notice, which provides the EPA website where
electronic copies can be obtained of the draft NPDES general permit,
permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and
draft CatX. Other relevant information for their review is available
upon request from each State. Comments regarding State Consistency are
invited in writing within 30 days of this notice to the WD, U.S. EPA-
Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.
VI. Public Comment Period and Public Hearings
The public comment period for the draft NPDES permit, draft CatX
will begin on the date of publication of this notice in the Federal
Register and end 30 calendar days later.
VII. Administrative Record
The draft NPDES general permit, permit fact sheet, draft CatX and
other relevant documents are on file and may be inspected any time
between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address
shown below. Copies of the draft NPDES general permit, permit fact
sheet, draft CatX and other relevant documents may be obtained by
writing the U.S. EPA-Region 4, WD, NPDES Permitting Section, Sam Nunn
Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, GA 30303-8960,
Attention: Ms. Bridget Staples, or by calling (404) 562-9783, or by
email at <a href="/cdn-cgi/l/email-protection#34674055445851471a76465d50535140745144551a535b42"><span class="__cf_email__" data-cfemail="c596b1a4b5a9a0b6eb87b7aca1a2a0b185a0b5a4eba2aab3">[email protected]</span></a>. Alternatively, copies of the draft
NPDES general permit, permit fact sheet, draft CatX, Essential Fish
Habitat Determination and preliminary Ocean Discharge Criteria
Evaluation may be downloaded at: <a href="http://www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits">www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits</a>.
VIII. Executive Order 12866
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review.
[[Page 37880]]
IX. Paperwork Reduction Act
The information collection required by this permit has been
submitted to OMB under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501 et seq., in submission made for the NPDES permit program
and assigned OMB control number 2040-0004 [(NPDES Discharge Monitoring
Reports (DMRs)].
Because this permit is very similar in reporting and application
requirements and in discharges which are required to be monitored as
the previous Eastern Gulf of Mexico OCS general permit (GEG460000), the
paperwork burdens are expected to be nearly identical. The only new
requirement is entry of acute WET tests results for well treatment,
completion and workover fluids discharged separately than produced
wastewaters into the electronic system. When it issued the previous OCS
general permit, EPA estimated it would take an affected facility three
hours to prepare the request for coverage and 38 hours per year to
prepare DMRs. It is estimated that the time required to prepare the
request for coverage and DMRs for the reissued permit will be
approximately the same.
Dated: June 2, 2023.
Denisse Diaz,
Acting Director, Water Division.
[FR Doc. 2023-12292 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P
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