81_FR_55356 81 FR 55196 - 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 Environmental Assessment

81 FR 55196 - 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 Environmental Assessment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range55196-55199
FR Document2016-19099

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 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. 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 following changes to the expired permit: (1) New electronic reporting requirements; (2) new whole effluent toxicity testing sampling and reporting requirements for well treatment, completion, and workover fluids not discharged with produced wastewaters; (3) requirements to submit additional information pertaining to the chemicals and additives used in well treatment, completion and workover operations; and (4) clarification regarding types of operators. Region 4 is also making available a Draft Environmental Assessment (EA) for review during the 30 day public comment period for this general permit. The Draft EA addresses potential impacts from proposed changes to the general permit, and it considers recent technical studies.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55196-55199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19099]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9950-23-Region 4]


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 
Environmental Assessment

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.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator of EPA Region 4 (the ``Region'') is 
today proposing to reissue the National

[[Page 55197]]

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 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.
    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 following changes to 
the expired permit: (1) New electronic reporting requirements; (2) new 
whole effluent toxicity testing sampling and reporting requirements for 
well treatment, completion, and workover fluids not discharged with 
produced wastewaters; (3) requirements to submit additional information 
pertaining to the chemicals and additives used in well treatment, 
completion and workover operations; and (4) clarification regarding 
types of operators. Region 4 is also making available a Draft 
Environmental Assessment (EA) for review during the 30 day public 
comment period for this general permit. The Draft EA addresses 
potential impacts from proposed changes to the general permit, and it 
considers recent technical studies.

DATES: Comments must be received by September 17, 2016.

ADDRESSES: The Draft NPDES general permit, permit fact sheet, Draft EA 
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 EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, Water Protection Division (WPD), 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 EA, Essential Fish Habitat Determination and 
preliminary Ocean Discharge Criteria Evaluation may be downloaded at: 
http://www.epa.gov/aboutepa/about-epa-region-4-southeast. Submit 
comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-
8960, Attention: Ms. Bridget Staples.

FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4, 
WPD, NPDES Section, by mail at the Atlanta address given above, by 
telephone at (404) 562-9783 or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

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 EA received 
within the 30-day comment period will be considered in the formulation 
of final determination regarding the National Environmental Policy Act 
(NEPA) review and the permit reissuance. After consideration of all 
written comments and the requirements and policies in the CWA and 
appropriate regulations, the EPA Regional Administrator will make a 
determination regarding the Final EA, 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 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 Protection 
Division. EPA will act on the Notice of Intent (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

[[Page 55198]]

general permit, Draft EA 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 Web site where 
electronic copies can be obtained of the Draft NPDES general permit, 
permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and 
Draft EA. 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 WPD, 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 EA 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 EA 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 EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, WPD, 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. 
Alternatively, copies of the Draft NPDES general permit, permit fact 
sheet, Draft EA, Essential Fish Habitat Determination and preliminary 
Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.

VIII. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health, or safety, or State, local, or Tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. OMB has exempted review of NPDES general permits under the terms 
of Executive Order 12866.

IX. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rule making requirements under the Administrative 
Procedures Act (APA) or any other statute, unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions.
    Issuance of an NPDES general permit is not subject to rule making 
requirements, including the requirement for a general notice of 
proposed rule making, under APA Section 533 or any other law, and is 
thus not subject to the RFA requirements.
    The APA defines two broad, mutually exclusive categories of agency 
action--``rules'' and ``orders.'' APA Section 551(4) defines rule as 
``an agency statement of general or particular applicability and future 
effect designed to implement, interpret or prescribe law or policy or 
describing the organization, procedure, or practice or requirements of 
an agency . . . '' APA Section 551(6) defines orders as ``a final 
disposition . . . of an agency in a matter other than rule making but 
including licensing.'' APA Section 551(8) defines ``license'' to 
``include . . . an agency permit . . . '' The APA thus categorizes a 
permit as an order, which by the APA's definition is not a rule. 
Section 553 of the APA establishes ``rule making'' requirements. APA 
Section 551(5) defines ``rule making'' as ``the agency process for 
formulating, amending, or repealing a rule.'' By its terms, Section 553 
applies only to rules and not to orders, exempting by definition 
permits.

X. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their ``regulatory actions'' to refer to regulations. (See, 
e.g., UMRA Section 401, ``Each agency shall . . . assess the effects of 
Federal regulatory actions . . . (other than to the extent that such 
regulations incorporate requirements specifically set forth in law).'') 
UMRA Section 102 defines ``regulation'' by reference to 2 U.S.C. 658 
which in turn defines ``regulation'' and ``rule'' by reference to 
Section 601(2) of the RFA. That section of the RFA defines ``rule'' as 
``any rule for which the agency publishes a notice of proposed rule 
making pursuant to Section 553(b) of the APA, or any other law.''
    As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' by definition under the APA and thus not 
subject to the APA requirement to publish a notice of proposed rule 
making. NPDES general permits are also not subject to such a 
requirement under the CWA. While EPA publishes a notice to solicit 
public comment on draft general permits, it does so pursuant to the CWA 
Section 402(a) requirement to provide an opportunity for a hearing. 
Therefore, NPDES general permits are not ``rules'' for RFA or UMRA 
purposes.

XI. Paperwork Reduction Act

    The information collection required by this permit has been 
approved by 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 numbers 2040-0086 (NPDES permit application) 
and 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. 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.


[[Page 55199]]


    Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. 2016-19099 Filed 8-17-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               55196                       Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

                                               Do not submit electronically any                        information in a disk or CD–ROM that                     5. EPA Registration Number: 89459–
                                               information you consider to be                          you mail to EPA, mark the outside of the              19. Docket ID number: EPA–HQ–OPP–
                                               Confidential Business Information (CBI)                 disk or CD–ROM as CBI and then                        2016–0342. Applicant: Central Garden
                                               or other information whose disclosure is                identify electronically within the disk or            and Pet Company; 1501 East Woodfield
                                               restricted by statute.                                  CD–ROM the specific information that                  Road, Suite 200W; Schaumburg, IL
                                                 • Mail: OPP Docket, Environmental                     is claimed as CBI. In addition to one                 60173. Active ingredient: Piperonyl
                                               Protection Agency Docket Center (EPA/                   complete version of the comment that                  butoxide. Product type: Insecticide.
                                               DC), (28221T), 1200 Pennsylvania Ave.                   includes information claimed as CBI, a                Proposed use: Fungi, edible, group 21.
                                               NW., Washington, DC 20460–0001.                         copy of the comment that does not                     Contact: RD.
                                                 • Hand Delivery: To make special                      contain the information claimed as CBI                   6. File Symbol: 6218–IT. Docket ID
                                               arrangements for hand delivery or                       must be submitted for inclusion in the                number: EPA–HQ–OPP–2016–0165.
                                               delivery of boxed information, please                   public docket. Information so marked                  Applicant: Summit Chemical Co., 235 S.
                                               follow the instructions at http://                      will not be disclosed except in                       Kresson St., Baltimore, MD 21224–2616.
                                               www.epa.gov/dockets/contacts.html.                      accordance with procedures set forth in               Active ingredient: Bacillus thuringiensis
                                               Additional instructions on commenting                   40 CFR part 2.                                        subspecies israelensis strain SUM–6218.
                                               or visiting the docket, along with more                    2. Tips for preparing your comments.               Product type: Insecticide. Proposed use:
                                               information about dockets generally, is                 When preparing and submitting your                    To control mosquito larvae outdoors,
                                               available at http://www.epa.gov/                        comments, see the commenting tips at                  indoors, and in residential areas and
                                               dockets.                                                http://www.epa.gov/dockets/                           psychodid fly larvae in wastewater
                                               FOR FURTHER INFORMATION CONTACT:                        comments.html.                                        treatment plants. Contact: BPPD.
                                               Robert McNally, Biopesticides and                                                                                7. File Symbol: 7173–GNL. Docket ID
                                                                                                       II. Registration Applications                         number: EPA–HQ–OPP–2016–0420.
                                               Pollution Prevention Division (BPPD)
                                               (7511P), main telephone number: (703)                     EPA has received applications to                    Applicant: Liphatech, 3600 West Elm
                                               305–7090, email address:                                register new uses for pesticide products              St., Milwaukee, WI 53209. Active
                                               BPPDFRNotices@epa.gov; or Michael                       containing currently registered active                ingredient: Chlorophacinone. Product
                                               Goodis, Registration Division (RD)                      ingredients. Pursuant to the provisions               type: Rodenticide. Proposed use:
                                               (7505P), main telephone number: (703)                   of FIFRA section 3(c)(4) (7 U.S.C.                    California ground squirrels. Contact:
                                               305–7090, email address:                                136a(c)(4)), EPA is hereby providing                  RD.
                                               RDFRNotices@epa.gov. The mailing                        notice of receipt and opportunity to                     8. File Symbol: 42750–GRG. Docket ID
                                               address for each contact person is:                     comment on these applications. Notice                 number: EPA–HQ–OPP–2016–0360.
                                               Office of Pesticide Programs,                           of receipt of these applications does not             Applicant: Albaugh, LLC, P.O. Box
                                               Environmental Protection Agency, 1200                   imply a decision by the Agency on these               2127, Valdosta, GA 31604. Active
                                               Pennsylvania Ave. NW., Washington,                      applications.                                         ingredient: quizalofop-P-ethyl. Product
                                               DC 20460–0001. As part of the mailing                     1. EPA Registration Numbers: 264–                   type: Herbicide. Proposed use:
                                               address, include the contact person’s                   1049, 264–1050, 264–1065. Docket ID                   Herbicide-tolerant wheat. Contact: RD.
                                               name, division, and mail code. The                      number: EPA–HQ–OPP–OPP–2016–                            Authority: 7 U.S.C. 136 et seq.
                                               division to contact is listed at the end                0255. Applicant: Bayer CropScience,                      Dated: August 10, 2016.
                                               of each application summary.                            P.O. Box 12014, Research Triangle Park,
                                                                                                                                                             Michael Goodis,
                                               SUPPLEMENTARY INFORMATION:                              North Carolina 27709. Active ingredient:
                                                                                                       Spirotetramat. Product type: Insecticide.             Acting Director, Registration Division, Office
                                               I. General Information                                                                                        of Pesticide Programs.
                                                                                                       Proposed use: Carrot. Contact: RD.
                                                                                                                                                             [FR Doc. 2016–19759 Filed 8–17–16; 8:45 am]
                                               A. Does this action apply to me?                          2. EPA Registration Numbers: 264–
                                                                                                                                                             BILLING CODE 6560–50–P
                                                                                                       1049, 264–1050, 264–1051, 264–1065.
                                                  You may be potentially affected by                   Docket ID number: EPA–HQ–OPP–OPP–
                                               this action if you are an agricultural                  2016–0255. Applicant: Bayer
                                               producer, food manufacturer, or                                                                               ENVIRONMENTAL PROTECTION
                                                                                                       CropScience, P.O. Box 12014, Research
                                               pesticide manufacturer. The following                                                                         AGENCY
                                                                                                       Triangle Park, North Carolina 27709.
                                               list of North American Industrial                       Active ingredient: Spirotetramat.                     [FRL–9950–23-Region 4]
                                               Classification System (NAICS) codes is                  Product type: Insecticide. Proposed
                                               not intended to be exhaustive, but rather               uses: Sugar beet, bushberry subgroup                  Notice of Draft National Pollutant
                                               provides a guide to help readers                        low growing berry (crop subgroups 13–                 Discharge Elimination System
                                               determine whether this document                         07B and 13–07H). Contact: RD.                         (NPDES) General Permit for the
                                               applies to them. Potentially affected                                                                         Eastern Portion of the Outer
                                                                                                         3. EPA Registration Number: 2724–
                                               entities may include:                                                                                         Continental Shelf (OCS) of the Gulf of
                                                  • Crop production (NAICS code 111).                  804. Docket ID number: EPA–HQ–OPP–
                                                                                                       2016–0342. Applicant: Wellmark                        Mexico (GEG460000); Availability of
                                                  • Animal production (NAICS code                                                                            Draft Environmental Assessment
                                               112).                                                   International; 1501 E. Woodfield Road,
                                                  • Food manufacturing (NAICS code                     Suite 200 West; Schaumburg, IL 60173.                 AGENCY:   Environmental Protection
                                               311).                                                   Active ingredient: Piperonyl butoxide.                Agency (EPA).
                                                  • Pesticide manufacturing (NAICS                     Product type: Insecticide. Proposed use:              ACTION: Notice of Proposed Reissuance
                                               code 32532).                                            Fungi, edible, group 21. Contact: RD.                 of NPDES General Permit, Notice to
                                                                                                         4. EPA Registration Numbers: 42750–                 States of Mississippi, Alabama and
rmajette on DSK2TPTVN1PROD with NOTICES




                                               B. What should I consider as I prepare                  85 and 42750–169. Docket ID number:
                                               my comments for EPA?                                                                                          Florida for Consistency Review with
                                                                                                       EPA–HQ–OPP–2016–0384. Applicant:                      approved Coastal Management
                                                 1. Submitting CBI. Do not submit this                 Albaugh, LLC, P.O. Box 2127, Valdosta,                Programs.
                                               information to EPA through                              GA 31604. Active ingredient:
                                               regulations.gov or email. Clearly mark                  Quinclorac. Product type: Herbicide.                  SUMMARY: The Regional Administrator
                                               the part or all of the information that                 Proposed uses: Bushberries, caneberries,              of EPA Region 4 (the ‘‘Region’’) is today
                                               you claim to be CBI. For CBI                            and asparagus. Contact: RD.                           proposing to reissue the National


                                          VerDate Sep<11>2014   15:05 Aug 17, 2016   Jkt 238001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\18AUN1.SGM   18AUN1


                                                                           Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices                                             55197

                                               Pollutant Discharge Elimination System                  permit, permit fact sheet, Draft EA and               Persons affected by a general permit
                                               (NPDES) general permit for the Outer                    other relevant documents may be                       may not challenge the conditions of a
                                               Continental Shelf (OCS) of the Gulf of                  obtained by writing the U.S. EPA-                     general permit as a right in further
                                               Mexico (General Permit No.                              Region 4, Water Protection Division                   Agency proceedings. They may instead
                                               GEG460000) for discharges in the                        (WPD), NPDES Section, Sam Nunn                        either challenge the general permit in
                                               Offshore Subcategory of the Oil and Gas                 Atlanta Federal Center, 61 Forsyth                    court, or apply for an individual permit
                                               Extraction Point Source Category. The                   Street SW., Atlanta, Georgia 30303–                   as authorized at 40 CFR 122.28, in
                                               draft permit pertains to discharges from                8960, Attention: Ms. Bridget Staples, or              accordance with the application
                                               exploration, development, and                           by calling (404) 562–9783.                            requirements set forth at 40 CFR 122.21,
                                               production facilities located in and                    Alternatively, copies of the Draft NPDES              and then request a formal hearing on the
                                               discharging, to all Federal waters of the               general permit, permit fact sheet, Draft              issuance or denial of an individual
                                               eastern portion of the Gulf of Mexico                   EA, Essential Fish Habitat                            permit. Additional information
                                               seaward of the outer boundary of the                    Determination and preliminary Ocean                   regarding these procedures is available
                                               territorial seas, and covers existing and               Discharge Criteria Evaluation may be                  by contacting Mr. Paul Schwartz,
                                               new source facilities with operations                   downloaded at: http://www.epa.gov/                    Associate Regional Counsel, Office of
                                               located on Federal leases occurring in                  aboutepa/about-epa-region-4-southeast.                Regional Counsel, at (404) 562–9576.
                                               water depths seaward of 200 meters,                     Submit comments to the WPD, U.S.                      II. Procedures for Obtaining General
                                               occurring offshore the coasts of Alabama                EPA-Region 4, NPDES Permitting                        Permit Coverage
                                               and Florida. The western boundary of                    Section, Sam Nunn Atlanta Federal
                                               the coverage area is demarcated by                      Center, 61 Forsyth Street SW., Atlanta,                  Notice of Intent requirements for
                                               Mobile and Visoca Knoll lease blocks                    GA 30303–8960, Attention: Ms. Bridget                 obtaining coverage for operating
                                               located seaward of the outer boundary                   Staples.                                              facilities are stated in Part I Section A.4
                                               of the territorial seas from the coasts of                                                                    of the general permit. Coverage under
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.
                                               Mississippi and Alabama. Individual                                                                           the reissued general permit is effective
                                                                                                       Bridget Staples, EPA Region 4, WPD,                   upon receipt of notification of coverage
                                               permits will be issued for operating                    NPDES Section, by mail at the Atlanta
                                               facilities on lease blocks traversed by                                                                       with an assignment of an NPDES
                                                                                                       address given above, by telephone at                  general permit number from the EPA-
                                               and shoreward of the 200 meter water                    (404) 562–9783 or by email at
                                               depth.                                                                                                        Region 4, Director of the Water
                                                                                                       Staples.Bridget@epa.gov.                              Protection Division. EPA will act on the
                                                 As proposed, this Draft NPDES                         SUPPLEMENTARY INFORMATION:
                                               general permit includes, best                                                                                 Notice of Intent (NOI) within a
                                               conventional pollutant control                          I. Procedures for Reaching a Final                    reasonable period of time.
                                               technology (BCT), and best available                    Permit Decision                                       III. Exclusion of Non-Operational
                                               technology economically achievable                         Pursuant to 40 CFR 124.13, any                     Leases
                                               (BAT) limitations for existing sources                  person who believes any condition of                     This permit does not apply to non-
                                               and new source performance standards                    the permit is inappropriate must raise                operational leases, i.e., those on which
                                               (NSPS) limitations for new sources as                   all reasonably ascertainable issues and               no discharge has taken place in the two
                                               promulgated in the effluent guidelines                  submit all reasonably available                       (2) years prior to the effective date of the
                                               for the offshore subcategory. The draft                 arguments in full, supporting their                   reissued general permit. EPA will not
                                               permit also includes the following                      position, by the close of the comment                 initially accept NOIs for such leases,
                                               changes to the expired permit: (1) New                  period. All comments on the Draft                     and the general permit will not cover
                                               electronic reporting requirements; (2)                  NPDES general permit and the Draft EA                 such leases, except as set forth below.
                                               new whole effluent toxicity testing                     received within the 30-day comment                    Non-operational leases will lose
                                               sampling and reporting requirements for                 period will be considered in the                      coverage under the previous general
                                               well treatment, completion, and                         formulation of final determination                    permit on the effective date of the
                                               workover fluids not discharged with                     regarding the National Environmental                  reissued general permit. No subsequent
                                               produced wastewaters; (3) requirements                  Policy Act (NEPA) review and the                      exploration, development or production
                                               to submit additional information                        permit reissuance. After consideration                activities may take place on these leases
                                               pertaining to the chemicals and                         of all written comments and the                       until and unless the lessee has obtained
                                               additives used in well treatment,                       requirements and policies in the CWA                  coverage under the new general permit
                                               completion and workover operations;                     and appropriate regulations, the EPA                  or an individual permit. EPA will not
                                               and (4) clarification regarding types of                Regional Administrator will make a                    accept an NOI or individual permit
                                               operators. Region 4 is also making                      determination regarding the Final EA,                 application for non-operational or new
                                               available a Draft Environmental                         Finding of No Significant Impact, and                 acquired leases until such time as an
                                               Assessment (EA) for review during the                   permit reissuance. If the determination               Exploration Plan Document or the
                                               30 day public comment period for this                   results in a permit that is substantially             Development Operations Coordination
                                               general permit. The Draft EA addresses                  unchanged from the draft permit                       Document has been prepared and
                                               potential impacts from proposed                         announced by this notice, the Regional                submitted to Bureau of Energy
                                               changes to the general permit, and it                   Administrator will so notify all persons              Management.
                                               considers recent technical studies.                     submitting written comments. If the
                                               DATES: Comments must be received by                     determination results in a permit that is             IV. State Water Quality Certification
                                               September 17, 2016.                                     substantially changed, the Regional                     Because state waters are not included
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                                               ADDRESSES: The Draft NPDES general                      Administrator will issue a public notice              in the area covered by the OCS general
                                               permit, permit fact sheet, Draft EA and                 indicating the revised determination.                 permit, its effluent limitations and
                                               other relevant documents are on file and                   A formal hearing is available to                   monitoring requirements are not subject
                                               may be inspected any time between 8:15                  challenge any NPDES permit issued                     to state water quality certification under
                                               a.m. and 4:30 p.m., Monday through                      according to the regulations at 40 CFR                CWA Section 401. However, the states
                                               Friday at the address shown below.                      124.15 and 124.19, except for a general               of Alabama, Florida and Mississippi
                                               Copies of the Draft NPDES general                       permit, as provided at 40 CFR 124.19(o).              have been provided a copy of this draft


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                                               55198                       Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

                                               general permit, Draft EA to review and                  subject to Office of Management and                   formulating, amending, or repealing a
                                               submit comments. Copies of these                        Budget (OMB) review and the                           rule.’’ By its terms, Section 553 applies
                                               documents have also been provided to                    requirements of the Executive Order.                  only to rules and not to orders,
                                               EPA Headquarters for their review.                      The Order defines ‘‘significant                       exempting by definition permits.
                                                                                                       regulatory action’’ as one that is likely
                                               V. State Consistency Determination                                                                            X. Unfunded Mandates Reform Act
                                                                                                       to result in a rule that may: (1) Have an
                                                  This Notice will also serve as Region                annual effect on the economy of $100                     Title II of the Unfunded Mandates
                                               4’s requirement under the Coastal Zone                  million or more or adversely affect in a              Reform Act of 1995 (UMRA), Public
                                               Management Act (CZMA) to provide all                    material way the economy, a sector of                 Law 104–4, establishes requirements for
                                               necessary information for the States of                 the economy, productivity, competition,               Federal agencies to assess the effects of
                                               Mississippi, Alabama and Florida to                     jobs, the environment, public health, or              their ‘‘regulatory actions’’ to refer to
                                               review this action for consistency with                 safety, or State, local, or Tribal                    regulations. (See, e.g., UMRA Section
                                               their approved Coastal Zone                             governments or communities; (2) create                401, ‘‘Each agency shall . . . assess the
                                               Management Programs. A copy of the                      a serious inconsistency or otherwise                  effects of Federal regulatory actions . . .
                                               consistency determination on the                        interfere with an action taken or                     (other than to the extent that such
                                               proposed activities is being sent to each               planned by another agency; (3)                        regulations incorporate requirements
                                               affected State, along with a letter                     materially alter the budgetary impact of              specifically set forth in law).’’) UMRA
                                               including this FR notice, which                         entitlements, grants, user fees, or loan              Section 102 defines ‘‘regulation’’ by
                                               provides the EPA Web site where                         programs or the rights and obligations of             reference to 2 U.S.C. 658 which in turn
                                               electronic copies can be obtained of the                recipients thereof; or (4) raise novel                defines ‘‘regulation’’ and ‘‘rule’’ by
                                               Draft NPDES general permit, permit fact                 legal or policy issues arising out of legal           reference to Section 601(2) of the RFA.
                                               sheet, preliminary Ocean Discharge                      mandates, the President’s priorities, or              That section of the RFA defines ‘‘rule’’
                                               Criteria Evaluation, and Draft EA. Other                the principles set forth in the Executive             as ‘‘any rule for which the agency
                                               relevant information for their review is                Order. OMB has exempted review of                     publishes a notice of proposed rule
                                               available upon request from each State.                 NPDES general permits under the terms                 making pursuant to Section 553(b) of
                                               Comments regarding State Consistency                    of Executive Order 12866.                             the APA, or any other law.’’
                                               are invited in writing within 30 days of                                                                         As discussed in the RFA section of
                                                                                                       IX. Regulatory Flexibility Act                        this notice, NPDES general permits are
                                               this notice to the WPD, U.S. EPA-Region
                                               4, NPDES Section, Sam Nunn Atlanta                         The Regulatory Flexibility Act (RFA)               not ‘‘rules’’ by definition under the APA
                                               Federal Center, 61 Forsyth Street SW.,                  generally requires an agency to prepare               and thus not subject to the APA
                                               Atlanta, GA 30303–8960, Attention: Ms.                  a regulatory flexibility analysis of any              requirement to publish a notice of
                                               Bridget Staples.                                        rule subject to notice and comment rule               proposed rule making. NPDES general
                                                                                                       making requirements under the                         permits are also not subject to such a
                                               VI. Public Comment Period and Public                    Administrative Procedures Act (APA) or                requirement under the CWA. While EPA
                                               Hearings                                                any other statute, unless the agency                  publishes a notice to solicit public
                                                 The public comment period for the                     certifies that the rule will not have a               comment on draft general permits, it
                                               Draft NPDES permit, Draft EA will begin                 significant economic impact on a                      does so pursuant to the CWA Section
                                               on the date of publication of this notice               substantial number of small entities.                 402(a) requirement to provide an
                                               in the Federal Register and end 30                      Small entities include small businesses,              opportunity for a hearing. Therefore,
                                               calendar days later.                                    small organizations, and small                        NPDES general permits are not ‘‘rules’’
                                                                                                       governmental jurisdictions.                           for RFA or UMRA purposes.
                                               VII. Administrative Record                                 Issuance of an NPDES general permit
                                                  The Draft NPDES general permit,                      is not subject to rule making                         XI. Paperwork Reduction Act
                                               permit fact sheet, Draft EA and other                   requirements, including the requirement                 The information collection required
                                               relevant documents are on file and may                  for a general notice of proposed rule                 by this permit has been approved by
                                               be inspected any time between 8:15 a.m.                 making, under APA Section 533 or any                  OMB under the provisions of the
                                               and 4:30 p.m., Monday through Friday                    other law, and is thus not subject to the             Paperwork Reduction Act, 44 U.S.C.
                                               at the address shown below. Copies of                   RFA requirements.                                     3501 et seq., in submission made for the
                                               the Draft NPDES general permit, permit                     The APA defines two broad, mutually                NPDES permit program and assigned
                                               fact sheet, Draft EA and other relevant                 exclusive categories of agency action—                OMB control numbers 2040–0086
                                               documents may be obtained by writing                    ‘‘rules’’ and ‘‘orders.’’ APA Section                 (NPDES permit application) and 2040–
                                               the U.S. EPA-Region 4, WPD, NPDES                       551(4) defines rule as ‘‘an agency                    0004 [(NPDES Discharge Monitoring
                                               Permitting Section, Sam Nunn Atlanta                    statement of general or particular                    Reports (DMRs)].
                                               Federal Center, 61 Forsyth Street SW.,                  applicability and future effect designed                Because this permit is very similar in
                                               Atlanta, GA 30303–8960, Attention: Ms.                  to implement, interpret or prescribe law              reporting and application requirements
                                               Bridget Staples, or by calling (404) 562–               or policy or describing the organization,             and in discharges which are required to
                                               9783. Alternatively, copies of the Draft                procedure, or practice or requirements                be monitored as the previous Eastern
                                               NPDES general permit, permit fact                       of an agency . . . ’’ APA Section 551(6)              Gulf of Mexico OCS general permit
                                               sheet, Draft EA, Essential Fish Habitat                 defines orders as ‘‘a final disposition               (GEG460000), the paperwork burdens
                                               Determination and preliminary Ocean                     . . . of an agency in a matter other than             are expected to be nearly identical.
                                               Discharge Criteria Evaluation may be                    rule making but including licensing.’’                When it issued the previous OCS
                                               downloaded at: http://www.epa.gov/                      APA Section 551(8) defines ‘‘license’’ to             general permit, EPA estimated it would
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                                               aboutepa/about-epa-region-4-southeast.                  ‘‘include . . . an agency permit . . . ’’             take an affected facility three hours to
                                                                                                       The APA thus categorizes a permit as an               prepare the request for coverage and 38
                                               VIII. Executive Order 12866                             order, which by the APA’s definition is               hours per year to prepare DMRs. It is
                                                 Under Executive Order 12866 (58 FR                    not a rule. Section 553 of the APA                    estimated that the time required to
                                               51735 (October 4, 1993)) the Agency                     establishes ‘‘rule making’’ requirements.             prepare the request for coverage and
                                               must determine whether the regulatory                   APA Section 551(5) defines ‘‘rule                     DMRs for the reissued permit will be
                                               action is ‘‘significant’’ and therefore                 making’’ as ‘‘the agency process for                  approximately the same.


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                                                                           Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices                                                 55199

                                                 Dated: July 27, 2016.                                 fcc.gov and to Cathy.Williams@fcc.gov.                Federal Communications Commission.
                                               James D. Giattina,                                      Include in the comments the OMB                       Marlene H. Dortch,
                                               Director, Water Protection Division.                    control number as shown in the                        Secretary, Office of the Secretary.
                                               [FR Doc. 2016–19099 Filed 8–17–16; 8:45 am]             SUPPLEMENTARY INFORMATION section                     [FR Doc. 2016–19741 Filed 8–17–16; 8:45 am]
                                               BILLING CODE 6560–50–P
                                                                                                       below.                                                BILLING CODE 6712–01–P
                                                                                                       FOR FURTHER INFORMATION CONTACT:              For
                                                                                                       additional information about the
                                               FEDERAL COMMUNICATIONS                                  information collection, contact Cathy                 FEDERAL COMMUNICATIONS
                                               COMMISSION                                              Williams at (202) 418–2918.                           COMMISSION
                                               [OMB 3060–0936]                                         SUPPLEMENTARY INFORMATION:                            [DA 16–720]
                                                                                                          OMB Control No.: 3060–0936.
                                               Information Collection Being                               Title: Sections 95.1215, 95.1217,                  Order Declares JuBe Communications,
                                               Submitted for Review and Approval to                    95.1223 and 95.1225, Medical Device                   LLC’s International Section 214
                                               the Office of Management and Budget                     Radiocommunications Service                           Authorization Terminated
                                               AGENCY: Federal Communications                          (MedRadio).                                           AGENCY: Federal Communications
                                               Commission.                                                Form No.: N/A.                                     Commission.
                                               ACTION: Notice and request for
                                                                                                          Type of Review: Extension of a                     ACTION: Notice.
                                               comments.                                               currently approved collection.
                                                                                                          Respondents: Business or other for-                SUMMARY:   In this document, the
                                               SUMMARY:    As part of its continuing effort            profit and not-for-profit institutions.               International Bureau of the Federal
                                               to reduce paperwork burdens, and as                        Number of Respondents: 3,120                       Communications Commission
                                               required by the Paperwork Reduction                     respondents; 3,120 responses.                         (Commission) declares the international
                                               Act (PRA) of 1995 (44 U.S.C. 3501–                         Estimated Time per Response: 1–3                   Section 214 authorization granted to
                                               3520), the Federal Communications                       hours.                                                JuBe Communications, LLC (JuBe)
                                               Commission (FCC or Commission)                             Frequency of Response: On occasion                 terminated given JuBe’s inability to
                                               invites the general public and other                    reporting requirement, third party                    comply with the express condition for
                                               Federal agencies to take this                           disclosure requirement and                            holding the authorization. It also
                                               opportunity to comment on the                           recordkeeping requirement.                            concludes that JuBe failed to comply
                                               following information collections.                         Obligation to Respond: Required to                 with those requirements of the
                                               Comments are requested concerning:                      obtain or retain benefits. Statutory                  Communications Act of 1934, as
                                               Whether the proposed collection of                      authority for this information collection             amended (the Act) and the
                                               information is necessary for the proper                 is contained in 47 U.S.C. 151 and 303                 Commission’s rules that ensure that the
                                               performance of the functions of the                     of the Communications Act of 1934, as                 Commission can contact and
                                               Commission, including whether the                       amended.                                              communicate with the authorization
                                               information shall have practical utility;                  Total Annual Burden: 9,120 hours.                  holder and verify JuBe is still providing
                                               the accuracy of the Commission’s                           Total Annual Cost: No cost.                        service, which failures have prevented
                                               burden estimate; ways to enhance the                       Privacy Act Impact Assessment: No                  any way of addressing JuBe’s inability to
                                               quality, utility, and clarity of the                    impact(s).                                            comply with the condition of its
                                               information collected; ways to minimize                    Nature and Extent of Confidentiality:              authorization.
                                               the burden of the collection of                         There is no need for confidentiality with             FOR FURTHER INFORMATION CONTACT: Cara
                                               information on the respondents,                         this collection of information.                       Grayer, Telecommunications and
                                               including the use of automated                             Needs and Uses: The Federal                        Analysis Division, International Bureau
                                               collection techniques or other forms of                 Communications Commission is                          at (202) 418–2960 or Cara.Grayer@
                                               information technology; and ways to                     requesting that the Office of                         fcc.gov.
                                               further reduce the information                          Management and Budget (OMB)                           SUPPLEMENTARY INFORMATION: This is a
                                               collection burden on small business                     approve for a period of three years an                summary of the Commission’s Order,
                                               concerns with fewer than 25 employees.                  extension for the information collection              DA 16–720, adopted and released July 1,
                                               The FCC may not conduct or sponsor a                    requirements contained in this                        2016.
                                               collection of information unless it                     collection.
                                               displays a currently valid OMB control                     The information collection                         Background
                                               number. No person shall be subject to                   requirements that are approved under                     Section 214(a) of the Act prohibits
                                               any penalty for failing to comply with                  this information collection are                       any carrier from constructing,
                                               a collection of information subject to the              contained in 47 CFR 95.1225(b) and (c),               extending, acquiring, or operating any
                                               PRA that does not display a valid OMB                   95.1217(a)(3) and (c), 95.1223 and                    line, and from engaging in transmission
                                               control number.                                         95.1225 which relate to the Medical                   through any such line, without first
                                               DATES: Written PRA comments should                      Device Radiocommunication Service                     obtaining a certificate of authorization
                                               be submitted on or before September 19,                 (MedRadio).                                           from the Commission. Under Section
                                               2016. If you anticipate that you will be                   The information is necessary to allow              214(c) of the Act, the Commission ‘‘may
                                               submitting comments, but find it                        the coordinator and parties using the                 attach to the issuance of the certificate
                                               difficult to do so within the period of                 database to contact other users to verify             such terms and conditions as in its
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                                               time allowed by this notice, you should                 information and resolve potential                     judgment the public convenience and
                                               advise the contact listed below as soon                 conflicts. Each user is responsible for               necessity may require.’’ On July 27,
                                               as possible.                                            determining in advance whether new                    2007, the International Bureau granted
                                               ADDRESSES: Direct all PRA comments                      devices are likely to cause or be                     JuBe an international Section 214
                                               Nicholas A. Fraser, OMB, via email:                     susceptible to interference from devices              authorization to provide global or
                                               Nicholas_A._Fraser@omb.eop.gov; and                     already registered in the coordination                limited global facility-based service and
                                               to Cathy Williams, FCC, via email PRA@                  database.                                             global or limited global resale service in


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Document Created: 2016-08-17 23:46:31
Document Modified: 2016-08-17 23:46:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Proposed Reissuance of NPDES General Permit, Notice to States of Mississippi, Alabama and Florida for Consistency Review with approved Coastal Management Programs.
DatesComments must be received by September 17, 2016.
ContactMs. Bridget Staples, EPA Region 4,
FR Citation81 FR 55196 

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