82_FR_6545 82 FR 6533 - Proposed Reissuance of the NPDES General Permit for Facilities Related to Oil and Gas Extraction in the Territorial Seas of Texas

82 FR 6533 - Proposed Reissuance of the NPDES General Permit for Facilities Related to Oil and Gas Extraction in the Territorial Seas of Texas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6533-6534
FR Document2017-01082

The Director of the Water Division, Environmental Protection Agency (EPA) Region 6 today proposes to reissue the National Pollutant Discharge Elimination System (NPDES) general permit for the Territorial Seas of Texas (No. TXG260000) for discharges from existing and new dischargers and New Sources in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category as authorized by section 402 of the Clean Water Act, 33 U.S.C. 1342. The permit will supersede the previous general permit (TXG260000) issued on February 8, 2012 and published in the Federal Register at 77 FR 8855. This permit renewal authorizes discharges from exploration, development, and production facilities located in and discharging to the territorial seas off Texas. Comment: Submit your comments, identified by Docket ID No. EPA-R06- OW-2017-0017 to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6533-6534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01082]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2017-0017; FRL-9958-31-Region 6]


Proposed Reissuance of the NPDES General Permit for Facilities 
Related to Oil and Gas Extraction in the Territorial Seas of Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability for comment.

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

SUMMARY: The Director of the Water Division, Environmental Protection 
Agency (EPA) Region 6 today proposes to reissue the National Pollutant 
Discharge Elimination System (NPDES) general permit for the Territorial 
Seas of Texas (No. TXG260000) for discharges from existing and new 
dischargers and New Sources in the Offshore Subcategory of the Oil and 
Gas Extraction Point Source Category as authorized by section 402 of 
the Clean Water Act, 33 U.S.C. 1342. The permit will supersede the 
previous general permit (TXG260000) issued on February 8, 2012 and 
published in the Federal Register at 77 FR 8855. This permit renewal 
authorizes discharges from exploration, development, and production 
facilities located in and discharging to the territorial seas off 
Texas.
    Comment: Submit your comments, identified by Docket ID No. EPA-R06-
OW-2017-0017 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e. on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

DATES: Comments must be received by March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Region 6, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone: (214) 665-7515. Email: [email protected].
    A complete draft permit and a fact sheet more fully explaining the 
proposal may be obtained from Ms. Rosborough. In addition, the Agency's 
current administrative record on the proposal is available for 
examination at the Region's Dallas offices during normal working hours 
after providing Ms. Rosborough 24 hours advance notice. A copy of the 
proposed permit, fact sheet, and this Federal Register Notice may be 
found on the EPA Region 6 Web site at: https://www3.epa.gov/region6/water/npdes/genpermit/index.htm.

SUPPLEMENTARY INFORMATION: EPA intends to use the proposed reissued 
permit to regulate discharges from oil and gas extraction facilities 
located in the territorial seas off Texas. To obtain discharge 
authorization, operators of such facilities must submit a new Notice of 
Intent (NOI). To determine whether your (facility, company, business, 
organization, etc.) is regulated by this action, you should carefully 
examine the applicability criteria in Part I, Section A.2 of the 
permit. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the FOR 
FURTHER INFORMATION CONTACT section above. The proposed permit contains 
limitations conforming to EPA's Oil and Gas Extraction, Offshore 
Subcategory Effluent Limitation Guidelines at 40 CFR part 435 and 
additional requirements assuring that regulated discharges will not 
cause unreasonable degradation of the marine environment, as required 
by section 403(c) of the Clean Water Act. Limitations and conditions 
are also included to ensure compliance with State Water Quality 
Standards. Specific information on the derivation of those limitations 
and conditions is contained in the fact sheet. Specifically, the draft 
permit proposes to prohibit the discharge of drilling fluids, drill 
cuttings and produced sand. Produced water discharges are limited for 
oil and grease, 7-day chronic toxicity, and 48-hour acute toxicity. In 
addition to limits on oil and grease, the proposed permit includes a 
prohibition of the discharge of priority pollutants except in trace 
amounts in well treatment, completion, and workover fluids. A limit of 
``No Free Oil'' is proposed for miscellaneous discharges, such as non-
contact cooling water and

[[Page 6534]]

ballast water, and on deck drainage discharges. Discharges of seawater 
and freshwater which have been used to pressure test existing pipelines 
and piping, to which treatment chemicals have been added, are proposed 
to be subject to limitations on free oil, concentration of treatment 
chemicals, and acute toxicity. New facilities withdrawing cooling water 
greater than 2 million gallons per day (MGD) are required to have the 
best technology available for minimizing fish/shellfish impingement 
mortality and entrainment caused by cooling water intake structures. 
Pursuant to the electronic reporting rule published in the Federal 
Register (80 FR 64063), a new electronic reporting requirement is added 
to the proposed permit.

Other Legal Requirements

    State certification under section 401 of the CWA; consistency with 
the Texas Coastal Management Program; and compliance with National 
Environmental Policy Act, Endangered Species Act, Magnuson-Stevens 
Fishery Conservation and Management Act, Historic Preservation Act, 
Paperwork Reduction Act, and Regulatory Flexibility Act requirements 
are discussed in the fact sheet to the proposed permit.

    Dated: December 28, 2016.
William K. Honker,
Director, Water Division, EPA Region 6.
[FR Doc. 2017-01082 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                             6533

                                                  B. How and to whom do I submit                          ENVIRONMENTAL PROTECTION                               DATES:   Comments must be received by
                                                  comments?                                               AGENCY                                                 March 6, 2017.
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                     You may submit comments as                           [EPA–R06–OW–2017–0017; FRL–9958–31-                    Evelyn Rosborough, Region 6, U.S.
                                                  provided in the ADDRESSES section.                      Region 6]                                              Environmental Protection Agency, 1445
                                                  Please ensure that your comments are                                                                           Ross Avenue, Dallas, Texas 75202–2733.
                                                  submitted within the specified comment                  Proposed Reissuance of the NPDES
                                                                                                                                                                 Telephone: (214) 665–7515. Email:
                                                  period. Comments received after the                     General Permit for Facilities Related to
                                                                                                                                                                 rosborough.evelyn@epa.gov.
                                                  close of the comment period will be                     Oil and Gas Extraction in the Territorial                 A complete draft permit and a fact
                                                  marked ‘‘late.’’ EPA is not required to                 Seas of Texas                                          sheet more fully explaining the proposal
                                                  consider these late comments.                           AGENCY: Environmental Protection                       may be obtained from Ms. Rosborough.
                                                     If you submit an electronic comment,                 Agency (EPA).                                          In addition, the Agency’s current
                                                  EPA recommends that you include your                    ACTION: Notice of availability for
                                                                                                                                                                 administrative record on the proposal is
                                                  name, mailing address, and an email                     comment.                                               available for examination at the Region’s
                                                  address or other contact information in                                                                        Dallas offices during normal working
                                                                                                          SUMMARY:   The Director of the Water                   hours after providing Ms. Rosborough
                                                  the body of your comment and with any
                                                                                                          Division, Environmental Protection                     24 hours advance notice. A copy of the
                                                  disk or CD ROM you submit. This
                                                                                                          Agency (EPA) Region 6 today proposes                   proposed permit, fact sheet, and this
                                                  ensures that you can be identified as the
                                                                                                          to reissue the National Pollutant                      Federal Register Notice may be found
                                                  submitter of the comment and allows                                                                            on the EPA Region 6 Web site at:
                                                                                                          Discharge Elimination System (NPDES)
                                                  EPA to contact you in case EPA cannot                                                                          https://www3.epa.gov/region6/water/
                                                                                                          general permit for the Territorial Seas of
                                                  read your comment due to technical                                                                             npdes/genpermit/index.htm.
                                                                                                          Texas (No. TXG260000) for discharges
                                                  difficulties or needs further information               from existing and new dischargers and                  SUPPLEMENTARY INFORMATION: EPA
                                                  on the substance of your comment. Any                   New Sources in the Offshore                            intends to use the proposed reissued
                                                  identifying or contact information                      Subcategory of the Oil and Gas                         permit to regulate discharges from oil
                                                  provided in the body of a comment will                  Extraction Point Source Category as                    and gas extraction facilities located in
                                                  be included as part of the comment that                 authorized by section 402 of the Clean                 the territorial seas off Texas. To obtain
                                                  is placed in the official public docket,                Water Act, 33 U.S.C. 1342. The permit                  discharge authorization, operators of
                                                  and made available in EPA’s electronic                  will supersede the previous general                    such facilities must submit a new Notice
                                                  public docket. If EPA cannot read your                  permit (TXG260000) issued on February                  of Intent (NOI). To determine whether
                                                  comment due to technical difficulties                   8, 2012 and published in the Federal                   your (facility, company, business,
                                                  and cannot contact you for clarification,               Register at 77 FR 8855. This permit                    organization, etc.) is regulated by this
                                                  EPA may not be able to consider your                    renewal authorizes discharges from                     action, you should carefully examine
                                                  comment.                                                exploration, development, and                          the applicability criteria in Part I,
                                                     Use of the www.regulations.gov Web                   production facilities located in and                   Section A.2 of the permit. If you have
                                                  site to submit comments to EPA                          discharging to the territorial seas off                questions regarding the applicability of
                                                  electronically is EPA’s preferred method                Texas.                                                 this action to a particular entity, consult
                                                  for receiving comments. The electronic                     Comment: Submit your comments,                      the person listed in the FOR FURTHER
                                                                                                          identified by Docket ID No. EPA–R06–                   INFORMATION CONTACT section above. The
                                                  public docket system is an ‘‘anonymous
                                                                                                          OW–2017–0017 to the Federal                            proposed permit contains limitations
                                                  access’’ system, which means EPA will
                                                                                                          eRulemaking Portal: http://                            conforming to EPA’s Oil and Gas
                                                  not know your identity, email address,                  www.regulations.gov. Follow the online                 Extraction, Offshore Subcategory
                                                  or other contact information unless you                 instructions for submitting comments.                  Effluent Limitation Guidelines at 40
                                                  provide it in the body of your comment.                 Once submitted, comments cannot be                     CFR part 435 and additional
                                                  In contrast to EPA’s electronic public                  edited or withdrawn. EPA may publish                   requirements assuring that regulated
                                                  docket, EPA’s electronic mail (email)                   any comment received to its public                     discharges will not cause unreasonable
                                                  system is not an ‘‘anonymous access’’                   docket. Do not submit electronically any               degradation of the marine environment,
                                                  system. If you send an email comment                    information you consider to be                         as required by section 403(c) of the
                                                  directly to the Docket without going                    Confidential Business Information (CBI)                Clean Water Act. Limitations and
                                                  through www.regulations.gov, your                       or other information whose disclosure is               conditions are also included to ensure
                                                  email address is automatically captured                 restricted by statute. Multimedia                      compliance with State Water Quality
                                                  and included as part of the comment                     submissions (audio, video, etc.) must be               Standards. Specific information on the
                                                  that is placed in the official public                   accompanied by a written comment.                      derivation of those limitations and
                                                  docket, and made available in EPA’s                     The written comment is considered the                  conditions is contained in the fact sheet.
                                                  electronic public docket.                               official comment and should include                    Specifically, the draft permit proposes
                                                                                                          discussion of all points you wish to                   to prohibit the discharge of drilling
                                                    Dated: January 11, 2017.
                                                                                                          make. EPA will generally not consider                  fluids, drill cuttings and produced sand.
                                                  Lorie J. Schmidt,                                       comments or comment contents located                   Produced water discharges are limited
                                                  Associate General Counsel.                              outside of the primary submission (i.e.                for oil and grease, 7-day chronic
                                                  [FR Doc. 2017–01099 Filed 1–18–17; 8:45 am]             on the web, cloud, or other file sharing               toxicity, and 48-hour acute toxicity. In
                                                                                                          system). For additional submission                     addition to limits on oil and grease, the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  BILLING CODE 6560–50–P
                                                                                                          methods, the full EPA public comment                   proposed permit includes a prohibition
                                                                                                          policy, information about CBI or                       of the discharge of priority pollutants
                                                                                                          multimedia submissions, and general                    except in trace amounts in well
                                                                                                          guidance on making effective                           treatment, completion, and workover
                                                                                                          comments, please visit https://                        fluids. A limit of ‘‘No Free Oil’’ is
                                                                                                          www.epa.gov/dockets/commenting-epa-                    proposed for miscellaneous discharges,
                                                                                                          dockets.                                               such as non-contact cooling water and


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                                                  6534                                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                  ballast water, and on deck drainage                                  ACTION:      Notice of final permit issuance.                          FOR FURTHER INFORMATION CONTACT:       For
                                                  discharges. Discharges of seawater and                                                                                                      further information on the permit,
                                                  freshwater which have been used to                                   SUMMARY:   All ten EPA Regions today are                               contact the appropriate EPA Regional
                                                  pressure test existing pipelines and                                 issuing the 2017 National Pollutant                                    office listed in Section I.C of this notice,
                                                  piping, to which treatment chemicals                                 Discharge Elimination System (NPDES)                                   or Emily Halter, EPA Headquarters,
                                                  have been added, are proposed to be                                  general permit for stormwater                                          Office of Water, Office of Wastewater
                                                  subject to limitations on free oil,                                  discharges from construction activities                                Management at tel.: 202–564–3324 or
                                                  concentration of treatment chemicals,                                to waters of the United States, also                                   email: halter.emily@epa.gov.
                                                  and acute toxicity. New facilities                                   referred to as the ‘‘2017 Construction
                                                  withdrawing cooling water greater than                               General Permit (CGP).’’ The 2017 CGP                                   SUPPLEMENTARY INFORMATION:    This
                                                  2 million gallons per day (MGD) are                                  replaces the existing general permit (the                              section is organized as follows:
                                                  required to have the best technology                                 ‘‘2012 CGP’’) covering stormwater                                      Table of Contents
                                                  available for minimizing fish/shellfish                              discharges from construction activities
                                                  impingement mortality and entrainment                                that expires on February 16, 2017. EPA                                 I. General Information
                                                  caused by cooling water intake                                       is issuing this permit for five (5) years,                                A. Does this action apply to me?
                                                  structures. Pursuant to the electronic                               during which time the permit will make                                    B. How can I get copies of these documents
                                                  reporting rule published in the Federal                              available coverage to eligible operators                                     and other related information?
                                                  Register (80 FR 64063), a new electronic                             in all areas of the country where EPA is                                  C. Who are the EPA regional contacts for
                                                  reporting requirement is added to the                                the NPDES permitting authority. This                                         this permit?
                                                  proposed permit.                                                     Federal Register notice describes the                                  II. Background of Permit
                                                                                                                       2017 CGP in general and provides a                                     III. Summary of the Final 2017 CGP
                                                  Other Legal Requirements
                                                                                                                       summary of the significant changes from                                   A. Technology-Based Effluent Limits
                                                    State certification under section 401                              the 2012 CGP.                                                             B. Water Quality-Based Effluent Limits
                                                  of the CWA; consistency with the Texas                                                                                                            (WQBELs)
                                                  Coastal Management Program; and                                      DATES:  The 2017 CGP will become                                          C. Summary of Significant Permit Changes
                                                  compliance with National                                             effective on February 16, 2017. This                                         from the 2012 CGP
                                                  Environmental Policy Act, Endangered                                 effective date will provide dischargers                                IV. Implementation Assistance
                                                  Species Act, Magnuson-Stevens Fishery                                with the immediate opportunity to                                      V. Analysis of Economic Impacts
                                                  Conservation and Management Act,                                     comply with Clean Water Act                                            VI. Executive Order 12866: Regulatory
                                                  Historic Preservation Act, Paperwork                                 requirements in light of the expiration                                      Planning and Review and Executive
                                                  Reduction Act, and Regulatory                                        of the 2012 CGP at midnight on                                               Order 13563: Improving Regulation and
                                                  Flexibility Act requirements are                                     February 16, 2017. In accordance with                                        Regulatory Review
                                                  discussed in the fact sheet to the                                   40 CFR part 23, specifically 23.2, this                                VII. Executive Order 12898: Federal Actions
                                                  proposed permit.                                                     permit shall be considered issued for                                        To Address Environmental Justice in
                                                    Dated: December 28, 2016.                                          the purpose of judicial review on                                            Minority Populations and Low-Income
                                                  William K. Honker,                                                   January 25, 2017. Under section 509(b)                                       Populations
                                                                                                                       of the Clean Water Act, judicial review                                VIII. Executive Order 13175: Consultation
                                                  Director, Water Division, EPA Region 6.
                                                                                                                       of this general permit can be requested                                      and Coordination With Indian Tribal
                                                  [FR Doc. 2017–01082 Filed 1–18–17; 8:45 am]
                                                                                                                       by filing a petition for review in the                                       Governments
                                                  BILLING CODE 6560–50–P
                                                                                                                       United States Court of Appeals within
                                                                                                                                                                                              I. General Information
                                                                                                                       120 days after the permit is considered
                                                  ENVIRONMENTAL PROTECTION                                             issued. Under section 509(b)(2) of the                                 A. Does this action apply to me?
                                                  AGENCY                                                               Clean Water Act, this permit may not be
                                                                                                                       challenged later in civil or criminal                                  1. Entities Covered by This Permit
                                                  [EPA–HQ–OW–2015–0828; FRL–9958–68–                                   proceedings to enforce this permit. In
                                                  OW]                                                                                                                                           This permit covers the following
                                                                                                                       addition, this permit may not be                                       entities, as categorized in the North
                                                                                                                       challenged in any other agency                                         American Industry Classification
                                                  Final National Pollutant Discharge
                                                                                                                       proceedings. Deadlines for submittal of
                                                  Elimination System (NPDES) General                                                                                                          System (NAICS):
                                                                                                                       notices of intent are provided in Part
                                                  Permit for Stormwater Discharges
                                                                                                                       1.4.3 of the permit. The permit also
                                                  From Construction Activities
                                                                                                                       provides additional dates for
                                                  AGENCY: Environmental Protection                                     compliance with the terms of the
                                                  Agency (EPA).                                                        permit.

                                                                                                                 TABLE 1—ENTITIES COVERED BY THIS PERMIT
                                                                                                                                                                                                                                    North American
                                                                                                                                                                                                                                        Industry
                                                            Category                                                                 Examples of affected entities                                                               Classification System
                                                                                                                                                                                                                                     (NAICS) code

                                                  Industry .........................   Construction site operators disturbing one (1) or more acres of land, or less than one (1) acre but part of a larger
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                          common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more, and
                                                                                          performing the following activities:

                                                                                       Construction of Buildings .............................................................................................................           236
                                                                                       Heavy and Civil Engineering Construction ..................................................................................                       237




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Document Created: 2018-02-01 15:16:20
Document Modified: 2018-02-01 15:16:20
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 availability for comment.
DatesComments must be received by March 6, 2017.
ContactMs. Evelyn Rosborough, Region 6, U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202- 2733. Telephone: (214) 665-7515. Email: [email protected]
FR Citation82 FR 6533 

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