[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]               
[Page 75104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-51]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8749-9]

 
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: Final notice of modification to NPDES general permit.

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SUMMARY: On May 25, 2007, EPA issued the final Permit, with an 
effective date of July 2, 2007 (May 31, 2007, 72 FR 30377). On July 3, 
2007, Union Oil Company of California and XTO Energy, Inc. 
(Petitioners) filed the Petition for Review, challenging three 
provisions of the Permit (the ``contested terms''), cited below. On the 
same date, Petitioners filed an Emergency Motion for Stay under Circuit 
Rule 27-3, requesting the Court stay 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.
    On August 21, 2008, EPA and Petitioners reached a settlement 
agreement. Under this agreement, EPA published in the Federal Register 
on October 21, 2008 (73 FR 62497) a proposal to modify the Permit's 
contest terms 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.
    The proposed Permit modification was issued to the public for a 30-
day comment period, which ended on November 20, 2008. No substantive 
public comments were received.

DATES: The Permit modification will become effective on December 24, 
2008.

ADDRESSES: Copies of the modified Permit and Fact Sheet are available 
on the EPA Region 10 Web site at http://www.epa.gov/r10earth/
waterpermits.htm. Requests for copies may also be made to Audrey 
Washington at (206) 553-0523, or electronically at 
washington.audrey@epa.gov.

FOR FURTHER INFORMATION CONTACT: Additional information can be obtained 
by visiting the EPA Region 10 Web site above or by contacting Hanh Shaw 
at shaw.hanh@epa.gov or (206) 553-0171.

SUPPLEMENTARY INFORMATION: Executive Order 12866: The Office of 
Management and Budget has exempted this action from the review 
requirements of Executive Order 12866 pursuant to Section 6 of that 
order.
    Regulatory Flexibility Act: After review of the facts presented in 
the notice printed above, I hereby certify pursuant to the provision of 
5 U.S.C. 553(b) that the Permit modification will not have a 
significant impact on a substantial number of small entities. Moreover, 
the Permit reduces a significant administrative burden on regulated 
resources.

    Signed this 2nd day of December, 2008.
Michael F. Gearheard,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. E8-29220 Filed 12-9-08; 8:45 am]

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