[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36316-36317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11770]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2022-0603; FRL-6179.1-02-R6]


Final NPDES General Permit for New and Existing Sources and New 
Dischargers in the Offshore Subcategory of the Oil and Gas Extraction 
Category for the Western Portion of the Outer Continental Shelf of the 
Gulf of Mexico (GMG290000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final NPDES general permit issuance.

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

SUMMARY: The Director of the Water Division, Environmental Protection 
Agency (EPA), Region 6 provides in this notice that the National 
Pollutant Discharge Elimination System (NPDES) General Permit No. 
GMG290000 for existing and new sources and new dischargers in the 
Offshore Subcategory of the Oil and Gas Extraction Point Source 
Category, located in and discharging to the Outer Continental Shelf 
offshore of Louisiana and Texas was reissued on May 11, 2023 with an 
effective date of May 11, 2023. The discharge of produced water to that 
portion of the Outer Continental Shelf from Offshore Subcategory 
facilities located in the territorial seas of Louisiana and Texas is 
also authorized by this permit.

DATES: This permit was issued May 11, 2023, is effective on May 11, 
2023, and expires May 10, 2028. This effective date is necessary to 
provide dischargers with the immediate opportunity to comply with Clean 
Water Act (CWA) requirements in light of the expiration of the 2022 
permit on September 30, 2022. In accordance with 40 CFR part 23, this 
permit shall be considered issued for the purpose of judicial review on 
June 16, 2023. Under section 509(b) of the CWA, judicial review of this 
general permit can be held by filing a petition for review in the 
United States Court of Appeals within 120 days after the permit is 
considered issued for judicial review. Under section 509(b)(2) of the 
CWA, the requirements in this permit may not be challenged later in 
civil or criminal proceedings to enforce these requirements. In 
addition, this permit may not be challenged in other agency 
proceedings. Deadlines for submittal of notices of intent are provided 
in Part I.A.2 of the permit.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Water Division, 
Region 6 (6-WDPE), U.S. Environmental Protection Agency, 1201 Elm 
Street, Dallas, Texas 75270. Telephone: (214) 665-7515. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Notice of the proposal of the draft permit was published in the 
Federal Register on July 22, 2022. EPA Region 6 has considered all 
comments received and makes several significant changes as listed 
below. A copy of the Region's responses to comments and the final 
permit may be found online from the Federal eRulemaking Portal: https://www.regulations.gov at Docket ID No EPA-R06-OW-2022-0603. Significant 
changes include:
    1. Well, heads, pipelines, jumpers and associated infrastructures 
connected to the facility are considered part of the host facility even 
when the infrastructure crosses lease block boundaries.
    2. NOI requirements allow for all vessels, to be able to file one 
valid NOI when performing jobs in the same lease block, if jobs are 
performed for the same designated operator.
    3. Operators who filed under the previous permit have an additional 
30 days to submit eNOI, if the system is unavailable during the 60 day 
renewal period. These operators are covered under the reissued permit 
for up to 90 days.
    4. Only new operators, not covered under the previous permit, can 
submit temporary NOIs when system is unavailable. Due date and coverage 
for temporary NOI extended 14 days, after the system becomes available, 
if the system remains unavailable after 14 days.
    5. Removed continuous monitoring language from cooling water intake 
requirements.
    6. Removed the additional requirements for a signed agreement for 
transfers.
    7. Flow rate monitoring for Well Treatment Fluids, Completion 
Fluids, and Workover Fluids.
    8. Characteristic Assessment requirements for Well Treatment 
Fluids, Completion Fluids, and Workover Fluids have been removed.
    9. For Sanitary Waste, all limits must be complied with in the 
event the Marine Sanitation Device is not properly operating or not 
operating.
    10. Cooling water intake structure operation for New Fixed 
Facilities that Employ Sea Chests as Intake Structures and New Fixed 
Facilities that do not employ sea chests as intake structures require 
development, and implementation of operation and maintenance plans, 
with reporting requirements for numeric exceedances.
    11. All facilities are subject to monitoring requirements if they 
discharged during said monitoring period, regardless of whether the 
discharge lasted the full period.
    12. Methods and/or calculations for estimated flow must be 
documented.
    13. Sample type for oil and grease is grab or composite.
    14. The use of other disinfection technologies, including, but not 
limited to, bio membrane filtration and ultra-violet light are allowed 
as substitutes for systems that use chlorine, provided that the MSD is 
approved by the U.S. Coast Guard and results in equivalent or improved 
disinfection of the Sanitary Waste stream to that considered in the 
ELG. TRC monitoring is not required for alternative MSDs that do not 
use chlorine, when the system is not properly operating or not 
operating, unless a chlorine based product is used as a backup 
disinfectant.
    15. Operators must flush and capture the materials contained in 
pipelines,

[[Page 36317]]

umbilicals, and other equipment prior to disconnection. No releases or 
discharges of fluid from pipelines, umbilicals, and/or other equipment 
that have not been fully flushed prior to being disconnected or cut 
from the facility are authorized under this NPDES permit.
    16. Calculation for WET critical dilutions and testing frequencies 
is based on calendar year.
    17. Waiver for the minimum number of samples to be collected for 
WET tests, should the effluent cease discharging for produced water.
    18. For Treatment, Completion, and Workover discharges, acute WET 
results can be derived from chronic WET test.
    19. Compliance schedule for WET acute limits related to Treatment, 
Completion, and Workover discharges and sample holding time of 72 
hours.
    20. No approved Alternative Test Procedure (ATP) for WET, however 
they can be requested at any time following 40 CFR 136.5.
    21. 72 hour hold time for WET samples for Chemically Treated 
Miscellaneous Discharges.
    22. For Chemically Treated Miscellaneous Discharges, non-continuous 
discharges are discharges that occur less than or equal to once per 
week and last less than 24 hours. These discharges shall be monitored 
once per discharge.
    23. State general permit or state individual permit may be required 
in addition to authorization under this permit.
    24. Defines decommissioning and Subsea Cleaning Fluids.
    25. 7-day chronic toxicity requirements for Well Treatment Fluids, 
Completion Fluids, and Workover Fluids has been moved from limitations 
to monitoring section, to provide clarity that chronic is monitoring 
only.
    26. Free oil language has been updated to reference DMRs and 
twenty-four hour reporting requirements.
    27. Part I.C. reflects Other Limitations, Prohibitions and 
Discharges not Authorized. Moved Limitations on Coverage section in 
Part I.A.1 to Part I.C for Prohibitions and Discharges Not Authorized.
    28. Permit does not authorize radioactive materials that are under 
the jurisdiction of the NRC.
    29. Miscellaneous Discharges of Water Which Have Been Chemically 
Treated includes discharges from well operations other than those 
covered by other sections of Part I.B of the permit.
    30. Corrections to the Permit Summary Table. Table is for reference 
only.
    31. Corrected data for Discharge Monitoring Reports (DMRs) and 
Other Reports must be submitted as soon as the error has been 
identified but no later than the following quarter. Submittal of 
corrected data does not excuse any permit violation.
    32. If Offshore 24-Hour Reporting Application Portal is not 
available, an email shall be sent within 24 hours of occurrence of 
specified violations and electronic report shall be submitted within 14 
days of the system becoming available.
    33. A facility map that delineates authorized discharge locations 
and type must be submitted, as an attachment, when filing the eNOI.
    34. Language has been updated to specify that new operators are not 
eligible for coverage and existing operators may not submit new NOI's 
during the administraive continued period.
    35. Updated language to provide clarity that timely updates to 
``CDX'' are required, in lieu of ``eNOI.''
    36. Numeric exceedances of maximum through-screen design intake 
velocity and dates must also be included on DMRs, for all new 
facilities required to comply with intake structure monitoring 
requirements.
    37. Definition of Mobile Offshore Drilling Unit (MODU) has been 
removed from the permit because it does not exist in the Code of 
Federal Regulations. Part I.A.2 has been updated to provide examples of 
MODUs.
    38. Civil and administrative penalty amounts have been updated to 
reflect updated statutory amounts.
    39. Once a month temperature monitoring for produced water.

II. Other Legal Requirements

    Other statutory and regulatory requirements are discussed in the 
fact sheet that include: Oil Spill Requirement; Ocean Discharge 
Criteria Evaluation; Marine Protection, Research, and Sanctuaries Act; 
National Environmental Policy Act; Magnuson-Stevens Fisheries 
Conservation and Management Act; Endangered Species Act; State Water 
Quality Standards and State Certification; Coastal Zone Management Act; 
and Paperwork Reduction Act.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011) and any changes made in response to OMB recommendations have been 
documented in the docket for this action.

Charles W. Maguire,
Director, Water Division, EPA Region 6.
[FR Doc. 2023-11770 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P


