[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37878-37880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12292]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10164-01-R4]


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 
National Environmental Policy (NEPA) Categorial Exclusion (CatX)

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.

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SUMMARY: 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 it 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.

DATES: Comments must be received by July 10, 2023.

ADDRESSES: The draft NPDES general permit, permit fact sheet, draft 
CatX 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 CatX and other relevant documents may be obtained by 
writing the U.S. EPA-Region 4, Water Division (WD), 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 CatX, Essential Fish Habitat Determination and 
preliminary Ocean Discharge Criteria Evaluation may be downloaded at: 
www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits.

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

SUPPLEMENTARY INFORMATION: 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

[[Page 37879]]

following changes to the current permit: (1) New whole effluent 
toxicity testing limits for well treatment, completion, and workover 
fluids not discharged with produced wastewaters; and (2) clarification 
definitions for ``discharge of a pollutant, ``facility'', ``floating 
offshore facility'', ``manned facility'', ``mobile offshore drilling 
unit'', and ``barrels per day''. Region 4 is also making available a 
draft National Environmental Policy (NEPA) Categorial Exclusion (CatX) 
for review during the 30-day public comment period for this general 
permit. The draft CatX is an exclusion from a detailed environmental 
analysis since the changes in draft NPDES permit were not significant 
from conditions in the current permit; the proposed federal action was 
determined to not have a significant effect on the human environment 
(reference 40 Code of Federal Regulations (CFR) Sec.  1508.1(d).

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 CatX received 
within the 30-day comment period will be considered in the formulation 
of final determination regarding the NEPA review and the permit 
reissuance. After consideration of all written comments and the 
requirements and policies in the Clean Water Act (CWA) and appropriate 
regulations, the EPA Regional Administrator will make a determination 
regarding the final CatX, 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 (NOI) 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 
Division. EPA will act on the 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 general permit, 
draft CatX 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 website where 
electronic copies can be obtained of the draft NPDES general permit, 
permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and 
draft CatX. 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 WD, 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 CatX 
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 CatX 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 CatX and other relevant documents may be obtained by 
writing the U.S. EPA-Region 4, WD, 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, or by 
email at [email protected]. Alternatively, copies of the draft 
NPDES general permit, permit fact sheet, draft CatX, Essential Fish 
Habitat Determination and preliminary Ocean Discharge Criteria 
Evaluation may be downloaded at: www.epa.gov/npdes-permits/eastern-gulf-mexico-offshore-oil-gas-npdes-permits.

VIII. Executive Order 12866

    This action is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review.

[[Page 37880]]

IX. Paperwork Reduction Act

    The information collection required by this permit has been 
submitted to 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 number 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. The only new 
requirement is entry of acute WET tests results for well treatment, 
completion and workover fluids discharged separately than produced 
wastewaters into the electronic system. 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.

    Dated: June 2, 2023.
Denisse Diaz,
Acting Director, Water Division.
[FR Doc. 2023-12292 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P


