[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Notices]
[Page 62497-62498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc08-53]
[[Page 62497]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8731-6]
Draft Modification to the NPDES General Permit for Oil and Gas
Exploration, Development and Production Facilities in State and Federal
Waters in Cook Inlet, AK, Permit No. AKG-31-5000 (Permit)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of draft modification to NPDES general
permit.
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SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10,
is issuing a draft modification to the National Pollutant Discharge
Elimination System (NPDES) general permit in response to a settlement
agreement between Union Oil Company of California and XTO Energy, Inc.
(Petitioners) and EPA (Ninth Circuit, Case No. 07-72656). On May 25,
2007, EPA issued the final Permit, with an effective date of July 2,
2007 (May 31, 2007, 72 FR 30377). The Permit included the following
provisions, among others:
1. Condition II.A.10: ``If any discharges are commingled, the most
stringent effluent limitations for each individual discharge shall be
applied to the resulting discharge. If the Individual discharge is not
authorized, the commingled discharge is not authorized. Monitoring for
compliance with technology based limits, such as the oil and grease
concentration of produced water must be accomplished prior to
commingling.''
2. Condition II.C.3: ``Commingled Waste Streams. If deck drainage
is commingled with produced water, then this discharge shall be
considered produced water for monitoring purposes (see Section II.G).
However, samples collected for compliance with the produced water oil
and grease limits shall be taken prior to commingling the produced
water stream with deck drainage or any other waste stream. The
estimated deck drainage flow rate must be reported in the comment
section of the DMR (i.e., discharge monitoring report).''
3. Table 7-A, Footnote 1: ``The sample type shall be either grab,
or a 24-hour composite which consists of the arithmetic average of the
results of 4 grab samples taken over a 24-hour period. If a sample is
unavailable to be analyzed and the permittee has explained the reason
in the DMR, averaging of the remaining samples is permitted. Samples
shall be collected prior to the addition of any seawater to the
produced water waste stream. See Section II.G.6.b of this Permit.''
On July 3, 2007, Petitioners filed the Petition for Review, challenging
the three provisions of the Permit set forth above. On the same date,
Petitioners filed an Emergency Motion for Stay Under Circuit Rule 27-3,
requesting the Court stay the three highlighted sentences above (the
``contested terms''). EPA did not oppose the Emergency Stay and on July
5, 2007, the Court issued an order granting Petitioners' Emergency
Motion for Stay of the contested Permit provisions.
On August 21, 2008, after EPA reviewed the basis for the contested
terms, EPA and Petitioners reached a settlement agreement. Under this
agreement, EPA agreed to modify the Permit, and publish in the Federal
Register, pursuant to 40 CFR 122.62, a proposal to modify the Permit by
removing the third sentence of Condition II.A.10, the second sentence
of Condition II.C.3, and the fourth sentence of Footnote 1 to Table 7-
A, from the Permit. Intervenor Cook Inletkeeper did not object to the
settlement agreement. A fact sheet has been prepared which explains
EPA's rationale for the proposed Permit modification.
Public Comment: EPA will only be accepting comments on the proposed
modification of the Permit. Interested persons may submit written
comments on the draft Permit modification to the attention of Hanh Shaw
at the address below. Copies of the draft modification and fact sheet
are available upon request. The Permit modification and fact sheet may
also be downloaded from the Region 10 Web site at http://www.epa.gov/
r10earth/waterpermits.htm (click on draft permits, then Alaska). All
comments must include the name, address, and telephone number of the
commenter and a concise statement of comment and the relevant facts
upon which it is based. Comments of either support or concern which are
directed at specific, cited permit requirements are appreciated.
After the expiration date of the Public Notice on November 20,
2008, the Director, Office of Water and Watersheds, EPA Region 10, will
make a final determination with respect to issuance of the Permit
modification. The proposed changes contained in the draft modification
will become final upon issuance if no significant comments are received
during the public comment period.
DATES: Comments must be received or postmarked by November 20, 2008.
ADDRESSES: Comments on the proposed Permit modification should be sent
to Director, Office of Water and Watersheds; USEPA Region 10; 1200 6th
Ave., Suite 900, OWW-130; Seattle, Washington 98101. Comments may also
be received via electronic mail at shaw.hanh@epa.gov.
FOR FURTHER INFORMATION CONTACT: Additional information can be obtained
by contacting Hanh Shaw at the address above, or by visiting the Region
10 Web site at http://www.epa.gov/r10earth/waterpermits.htm. Requests
may also be made to Audrey Washington at (206) 553-0523, or
electronically mailed to: washington.audrey@epa.gov.
Other Legal Requirements
State Water Quality Standards and State Certification
The Alaska Department of Environmental Conservation (ADEC) intends
to waive the Permit under Section 401 of the Clean Water Act since
State water quality standards are not affected by the modification.
Endangered Species Act
EPA has determined that issuance of the Permit modification would
have no effect on any threatened or endangered species, nor designated
critical habitat.
Executive Order 12866
EPA has determined that this Permit modification is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to OMB review.
Paperwork Reduction Act
The information collection requirements of this permit were
previously approved by the Office of Management and Budget (OMB) under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
and assigned OMB control numbers 2040-0086 and 2040-0110.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
requires that EPA prepare a regulatory flexibility analysis for rules
subject to the requirements of 5 U.S.C. 553(b) that have a significant
impact on a substantial number of small entities. However, general
NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C.
553(b), and is therefore not subject to the RFA.
Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their
[[Page 62498]]
``regulatory actions'' (defined to be the same as ``rules'' subject to
the RFA) on tribal, state, and local governments and the private
sector. However, general NPDES permits are not ``rules'' subject to the
requirements of 5 U.S.C. 553(b), and is therefore not subject to the
RFA.
Signed this 10th day of October, 2008.
Michael F. Gearheard,
Director, Office of Water and Watersheds, U.S. Environmental Protection
Agency, Region 10.
[FR Doc. E8-25075 Filed 10-20-08; 8:45 am]
BILLING CODE 6560-50-P