Federal Register, Volume 65 Issue 153 (Tuesday, August 8, 2000)

[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Notices]
[Pages 48503-48517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19913]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6847-1]

Draft Modification of the National Pollutant Discharge
Elimination System (NPDES) General Permit for the Eastern Portion of
the Outer Continental Shelf (OCS) of the Gulf of Mexico (GMG280000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft modification of NPDES general permit for the
Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of
Mexico (GMG2800000).

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SUMMARY: The Regional Administrator (RA) of EPA, Region 4 (``Region
4''), is today proposing to modify, in part, the National Pollutant
Discharge Elimination System (NPDES) general permit for the OCS of the
Gulf of Mexico (General Permit No. GMG280000) for discharges in the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category (40 CFR part 435, subpart A) as authorized by section 402 of
the Clean Water Act (``CWA'' or the ``Act''), 33 U.S.C. 1342. The
existing general permit, issued by Region 4, and published at 63 FR
55718, October 16, 1998, authorizes discharges from exploration,
development, and production facilities located in and discharging to
all Federal waters of the Eastern Gulf of Mexico seaward of the outer
boundary of the territorial seas. Today EPA is proposing to modify the
general permit numbering system to make it specific to the Region 4
area of responsibility. Additional modifications are being made to add
tables for produced water discharge critical dilution concentrations
and for chemically treated seawater used to pressure test piping and
pipelines. These modification are being incorporated into part I.B.10
of the permit along with associated effluent limitations and
monitoring.
This permit modification is in accordance with a settlement entered
into by EPA with various parties which filed a petition for review of
the October 16, 1998, general permit in the Fifth Circuit Court of
Appeals under the caption Marathon Oil Company et al. v. Browner, Civ.
99-60090. After the permit was issued, and aside from other provisions
within the permit which specify that any operator authorized by the
permit may request to be excluded from coverage and receive an
individual permit pursuant to 40 CFR 122.28(a)(4)(iii), EPA determined
that the method for calculating effluent limitations and monitoring
requirements for produced water discharges that appear as part I.B.3 in
the permit are not appropriate for coverage under a general permit in
the manner set forth in the October 16, 1998, general permit. The
intent of this proposed modification is to establish a table of
critical dilution concentrations for use in determining toxicity
limitations. Those permittees that have produced water discharges that
would fall outside of the proposed table would need to apply for and
receive individual NPDES permits.
In brief, EPA today proposes to modify the general permit as
follows: changing the general permit numerical designation; requiring
permittees to indicate what type of effluents the facility is expected
to discharge within

[[Page 48504]]

the written notification of intent; allowing approval of a shorter
notice to drill (NTD) notification period in certain circumstances; the
addition of a section 403(c) reopener clause; inclusion of a new table
to be used by those permittees discharging produced water to calculate
the critical dilution concentration; and the addition of limitations
and monitoring requirements for those permittees discharging chemically
treated freshwater or seawater used for the hydrostatic testing of new
pipes and pipelines and condensation. Any operator seeking coverage
under the general permit may be subject to some or all of the proposed
modifications.
Finally, EPA also is providing today some additional clarifications
and minor corrections of existing general permit language based upon
questions and comments received by the Agency subsequent to the
original permit issuance. This information is provided for
clarification purposes only and is not part of the permit modifications
being noticed for comment today.

DATES: Comments on this proposed action must be received by October 10,
2000.

ADDRESSES: Persons wishing to comment upon or object to any of the
proposed permit modifications in Section III or wishing to request a
public hearing, are invited to submit same in writing within sixty (60)
days of this notice to the NPDES and Biosolids Permits Section; United
States Environmental Protection Agency, Region 4; Atlanta Federal
Center; 61 Forsyth St. S.W.; Atlanta, GA 30303-3104, Attention: Ms. Ann
Brown.

FOR FURTHER INFORMATION CONTACT: Mr. William Truman, Environmental
Scientist, telephone number (404) 562-9457, or at the following
address: United States Environmental Protection Agency, Region 4, Water
Management Division, NPDES and Biosolids Permits Section, Atlanta
Federal Center, 61 Forsyth Street S.W., Atlanta, GA 30303.

Table of Contents

I. Introduction
II. Coverage of General Permit
III. Proposed General Permit Modifications
IV. Clarifications and Minor Corrections
V. Cost Estimate
VI. Unfunded Mandates Reform Act
VII. Paperwork Reduction Act
VIII. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.

I. Introduction

In 1972, section 301(a) of the Federal Water Pollution Control Act
(also referred to as the Clean Water Act) was amended to provide that
the discharge of any pollutants to waters of the United States (U.S.)
from any point source is unlawful, except if the discharge is in
compliance with an NPDES permit.
On October 16, 1998, Region 4, issued a general permit for
discharges of pollutants from exploration, development, and production
facilities located in all Federal waters of the Eastern Gulf of Mexico
seaward of the outer boundary of the territorial seas. The previous
permit (July 9, 1986, reissued by Region 4 in 1991) was issued jointly
by Region 4 and Region 6. Region 6 subsequently, reissued a permit in
1992 and 1999 for the Western Portion of the Outer Continental Shelf
(``Western Planning Area'').
For consistency, Region 4, developed a permit similar to those
issued by Region 6, taking into account any site-specific
considerations. Both Regions adopted the same method of determining
produced water toxicity limitations using the Cornell Mixing Zone
Expert System (CORMIX) to calculate critical dilutions. However,
information from the vast number of operating facilities in the Western
Planning Area as compared to the relatively few operating facilities in
the Eastern Planning Area, enabled Region 6 to develop model input
parameters based upon information from a large number of operating
facilities. Region 6 also was able to develop a series of critical
dilution tables based upon this information, and critical dilution
tables for a large segment of potential permittees were developed and
included within the Region 6 general permit.
In this modification, EPA is publishing critical dilution tables as
part of the general permit, such as those used in Region 6's general
permit. Due to the fact that fewer than 30 produced water dischargers
exist in Region 4's permit coverage area, Region 4 elected to model the
toxicity limitations using the range of data gathered from the
operators within this area. Region 4 believes this approach will
include all the expected permittees, and will avoid the significant
resource demands that would have been required to support a critical
dilution table for the ranges used by Region 6. The derivation of
critical dilution tables on the scale of those developed by Region 6
would have required over 200 runs of the CORMIX model just to generate
ranges that take into account the variations in discharge flow rate,
discharge pipe diameter, and distance from the pipe to the sea floor.
Currently, EPA is unaware of any facilities in Region 4's area which
fall outside of the critical dilution tables in today's proposed draft.
The small number of potential permittees did not justify the
expenditure of available resources to produce numerous tables.
EPA, Region 4, proposes to modify this general permit by including
a critical dilution table comparable to those utilized by the Region 6
general permit. In accordance with 40 CFR 122.28(3)(i) and (c)(1), any
owner or operator with a facility with produced water effluent will be
required meet the critical dilution values within the limits of the
table, or to apply for and obtain an individual permit in order to
discharge into U.S. waters. Existing discharges of produced water shall
continue to be authorized under the 1991 general permit as reissued by
Region 4, if a timely Notice of Intent (NOI) was submitted to obtain
coverage under the general permit issued on October 16, 1998.
Additionally, EPA has received numerous requests regulated
community regarding the need of a NPDES permit for the discharge of
fluids used in the hydrostatic testing of pipelines. These fluids
primarily consist of seawater, biocides, corrosion inhibiting solvents
(CIS), and other treatment chemicals. The Region 6 general permit
addresses this activity under miscellaneous discharges, with prescribed
limits on chemical concentration and toxicity. For consistency, Region
4, proposes to modify the general permit to include effluent
limitations and monitoring requirements for chemically treated
seawater.
EPA, Region 4, also proposes to include an additional requirement
for submitting an NOI. Under paragraph (4), part I.4., Notification
Requirements (Existing Sources and New Sources), the permittee shall
provide information on the types of discharges expected along with data
regarding outfall locations.
In addition, to further distinguish permits issued under this
general permit from those previously issued by Regions 4 and 6, Region
4 proposes to modify the general permit number to include an alpha
character in the 6th position. Permit coverage will be assigned as
GMG28A001--A999, GMG28B001--B999, GMG28C001--C999, etc.

II. Coverage of General Permit

Section 301(a) of the CWA provides that the discharge of pollutants
is unlawful except in accordance with the terms of an NPDES permit. The
EPA has determined that oil and gas facilities seaward of the 200 meter
water depth in certain parts of the Eastern Portion of the Gulf of
Mexico as described in the NPDES general permit are more

[[Page 48505]]

appropriately controlled by a separate general permit, individual
permits, or both, 40 CFR 122.28(c). This determination covers both
existing sources and new sources. This decision is based on the Federal
regulations at 40 CFR 122.28, 40 CFR part 125 (Subpart M--Ocean
Discharge Criteria); the Environmental Impact Statement; and the
Agency's previous decisions in other areas of the Gulf of Mexico's OCS.
As in the case of individual permits, noncompliance with any condition
of a general permit constitutes an enforceable violation of the Act
under section 309 of the Act.
With this proposed permit modification, all lease blocks with
operating facilities discharging produced water will be required to
meet the critical dilution limitations in the table, or to apply for
and obtain individual permits in order to discharge into waters of the
U.S. This notice to modify the general permit will also clarify and
correct certain aspects of the general permit issued on October 16,
1998.

III. Proposed General Permit Modifications

Today, EPA is proposing the following permit modifications. These
provisions represent the only revisions in this notice that are subject
to the federal public notice and comment requirements.

1. General Permit Number (63 FR 55718, October 16, 1999)

The original general permit, issued jointly by Regions 4 and 6 on
July 9, 1986, carried the permit number of GMG280000. On November 19,
1992, Region 6 issued a final permit for the Western Gulf of Mexico
under GMG290000. In order to distinguish the current permit coverage
numbers from those facilities covered by the permits previously issued
by Regions 4 and 6, EPA is proposing to designate those facilities
covered by the Region 4 permit as General Permit Number GMG28AXXX,
where the 6th significant figure will carry an alphabetic designation.
The new numbering convention will be, e.g., GMG28A001--A999,
GMG28B001--B999, GMG28C001--C999, etc. All notices of general permit
coverage provided since the effective date of the November 16, 1998
permit, will be changed to as indicated above. The last three digits of
the assigned permit number will remain the same.

2. Notice of Intent (NOI) Requirements (Part I.B.4, 63 FR 55747)

Part I., section A. 4.(4) requires information identifying the
receiving waters and the location of the discharge outfalls. EPA
believes that more information is required pertaining to the nature of
the permitted discharges. To aid in compliance tracking, EPA proposes
that the permittee identify the types of discharges expected for the
operation applied for under the general permit. Expected discharges
would be identified by the nomenclature used in part I., section B.1-
10. Additional information may be required regarding miscellaneous
discharges (63 FR 55750).

3. Notice To Drill (Part I.A.4, 63 FR 55747)

In recognition that there are situations where a permittee may be
unable to meet the minimum 60 day notice period due to unforeseen
circumstances, EPA today proposes to modify the 60 day requirement by
adding ``or lesser notice as approved by the Director'' to allow for
case-by-case requests for a shortened notice period.
In emergency situations where ``Severe Property Damage'' may result
(see definition 47, 63 FR 55756), or loss of life, or personal injury,
bypass provisions at part II.B.3. (63 FR 55752) may be utilized. Upset
provisions may also be available as specified at part II.B.4. (Id.).

4. Section 403(c) Reopener Clause

As a result of the President's Executive Order 13158 on Marine
Protected Areas dated May 26, 2000, the EPA has been directed to reduce
pollution of beaches, coasts, and ocean waters by developing CWA
regulations that strengthen water quality protections for coastal and
ocean waters. These new standards will guide the agency when it reviews
proposals for onshore and offshore activities that result in discharges
to ocean or coastal waters. In developing these regulations, EPA may
set higher levels of protection in especially valued or vulnerable
areas. As a result of this development the following reopener clause
will be added as new paragraph 7, part I., section A. Permit
Applicability and Coverage Conditions as follows:

7. 403(c) Reopener Clause.

In addition to any other grounds specified herein, this permit
may be modified or revoked at any time if, on the basis of any new
data or requirements, EPA determines that continued or increased
discharges may cause unreasonable degradation of the marine
environment or if EPA determines that additional conditions are
necessary to protect the marine environment or special aquatic
sites. Also, coverage under this permit may be denied or revoked and
an individual NPDES permit application required such that any
concerns, as stated, may be included in an individual NPDES permit.

5. Produced Water Discharges (Part I.B.3, 63 FR 55749)

The nature of produced water discharges could be toxic to marine
organisms in the immediate vicinity of these discharges. Rapid and
dispersed mixing are important to reducing and eliminating toxic
effects. The measure of any toxic effects vary with discharge volume,
density, depth, flow rate, discharge pipe opening diameter and
orientation, and current speed. EPA proposes to replace Appendix A for
the calculation of permit limitation for produced water toxicity.
Rather, these variables will be considered within a table of produced
water critical dilutions developed using CORMIX model (Version 3.2).
The Limiting Permissible Concentration (LPC), the critical dilution, at
the edge of the 100-meter mixing zone is defined as the arithmetic
formula of 0.1 x LC50, or LC50=10 x critical
dilution. This corrects the 0.01 multiplier originally used in the
general permit. Finally, for purposes of this general permit, the small
quantities of water generated during production as a result of
condensation are exempt as ``produced water'' and subject to the
``miscellaneous discharge'' limitations and monitoring requirements of
the permit (see infra).
The table is only for produced water effluent discharged below the
surface using a vertical port orientation:

[[Page 48506]]

1001 to 2000.................................................... 0.37 0.37 0.37
2001 to 3000.................................................... 0.48 0.48 0.48
3001 to 4000.................................................... 0.56 0.56 0.56
4001 to 5000.................................................... 0.65 0.66 0.66
5001 to 6000.................................................... 0.73 0.78 0.78
6001 to 7000.................................................... 0.77 0.78 0.78
7001 to 8000.................................................... 0.84 0.86 0.86
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Table 4-A.--Produced Water Critical Dilutions (Percent Effluent) for Water Depths of Greater Than 200 Meters
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Pipe diameter
Discharge rate (bbl/day) -----------------------------------------------
>0" to 5" >5" to 7" >7" to 9"
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>0 to 500....................................................... 0.08 0.08 0.08
501 to 1000..................................................... 0.12 0.12 0.12
1001 to 2000.................................................... 0.18 0.18 0.18
2001 to 3000.................................................... 0.22 0.22 0.22
3001 to 4000.................................................... 0.24 0.25 0.25
4001 to 5000.................................................... 0.28 0.28 0.28
5001 to 6000.................................................... 0.30 0.30 0.31
6001 to 7000.................................................... 0.32 0.32 0.32
7001 to 8000.................................................... 0.35 0.35 0.35
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The tables were formulated using the following CORMIX (Version 3.2)
input parameters:

Surface density: 1023.0 kg/m\3\
Discharge density: 1070.2 kg/m\3\
Density gradient: 0.163 kg/m\3\/m (linear)
Discharge concentration: 100%
Legal mixing zone: 100 meters
Darcy-Wiesbach friction constant: 0.02
Current speed: 5 cm/sec ( 200 meters), 15 cm/sec (>200 meters)
Vertical discharge angle (Theta) 90 deg. is directed toward the
surface, -90 deg. is directed toward the seafloor
Wind speed: 4 m/sec

6. Miscellaneous Discharges (Part I.B.10, 63 FR 55750; Table 2, 63 FR
55759 and Table 3, 63 FR 55761)

EPA is proposing to modify the existing list of miscellaneous
discharges to add additional wastewater sources: (1) chemically treated
freshwater and seawater which has been used to hydrostatically test new
piping and pipelines, and (2) water produced as a result of
condensation during the production process. These discharges will be
limited for free oil, concentration of treatment chemicals, and
toxicity. Effluent limitations and monitoring requirements will be the
same as authorized by the Region 6 general permit (part I.B.11, 64 FR
19162 and 19163).
Proposed Permit Limitations
Treatment Chemicals. The concentration of treatment chemicals in
discharged chemically treated freshwater and seawater which has been
used to hydrostatically test new piping and pipelines shall not exceed
the most stringent of the following three constraints:
(1) The maximum concentrations and any other conditions specified
in the EPA product registration labeling if the chemical is an EPA
registered product, or
(2) The maximum manufacturer's recommended concentration, or
(3) 500 mg/l.
Free Oil. No free oil shall be discharged. Discharge is limited to
those times that a visible sheen observation is possible unless the
operator uses the static sheen method. Monitoring shall be performed
using the visual sheen method on the surface of the receiving water
once per week when discharging, or by use of the static sheen method at
the operator's option. The number of days a sheen is observed must be
recorded.
Toxicity. The 48-hour minimum and monthly average minimum No
Observable Effect Concentration (NOEC), or if specified the 7-day
average minimum and monthly average minimum NOEC, must be equal to or
greater than the critical dilution concentration specified in this
permit in Table 4-A for seawater discharges and 4-B for freshwater
discharges. Critical dilution shall be determined using Table 4 of this
permit and is based on the discharge rate, discharge pipe diameter, and
water depth between the discharge pipe and the bottom. The monthly
average minimum NOEC value is defined as the arithmetic average of all
48-hour average NOEC (or 7-day average minimum NOEC) values determined
during the month.
Proposed Monitoring Requirements
Flow. Once per month, an estimate of the flow (MGD) must be
recorded.
Toxicity. The required frequency of testing for continuous
discharges shall be determined as follows:

[[Page 48507]]

4,600 bbl/day and above................ Once per month.
------------------------------------------------------------------------

Intermittent or batch discharges shall be monitored once per
discharge but are required to be monitored no more frequently than the
corresponding frequencies shown above for continuous discharges.
Samples shall be collected after addition of any added substances,
including seawater that is added prior to discharge, and before the
flow is split for multiple discharge ports. Samples also shall be
representative of the discharge. Methods to increase dilution also
apply to seawater and freshwater discharges which have been chemically
treated.
If the permittee has been compliant with this toxicity limit for
one full year (12 consecutive months) for a continuous discharge of
chemically treated seawater or freshwater, the required testing
frequency shall be reduced to once per year for that discharge.

Table 5-A.--Critical Dilutions (Percent Effluent) for Toxicity Limitations for Seawater to Which Treatment Chemicals Have Been Added
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Pipe diameter
Depth difference (meters) Discharge rate (bbl/day) -------------------------------------------------------------------
>0" to 2" >2" to 4" >4" to 6" >6"
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All............................................. 0 to 1,000........................ 12 24.7 24.5 24.6
>1,000 to 10,000.................. 11.2 12.4 12.2 14
>10,000........................... 9.6 24 23 20
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Table 5-B.--Critical Dilutions (Percent Effluent) for Toxicity Limitations for Freshwater to Which Treatment Chemicals Have Been Added
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter
Depth difference (meters) Discharge rate (bbl/day) -------------------------------------------------------------------
>0" to 2" >2" to 4" >4" to 6" >6"
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All............................................. 0 to 1,000........................ 1.1 1.2 2.9 2.9
>1,000 to 10,000.................. 19 39 28 24
>10,000........................... 13 63 41 74
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IV. Clarifications and Minor Corrections

EPA also is providing the information in this section to help
further explain or clarify existing requirements of the general permit
based on questions and comments received following the original
issuance of the permit.

1. Permit Transfers (Part I.A.4, 63 FR 55747)

The Agency has received several comments regarding the transfer of
discharge authority where a facility is sold during the period of
general permit's coverage. Part of the confusion over transfers
resulted in the requirement for an NOI with required information be
submitted to the EPA for each discharging facility in order to secure
permit coverage. If a facility is purchased or sold to another
operator, permittees have raised the concern that the new operator will
be required to resubmit the same data from the original operator's NOI
to maintain permit coverage. This would result in a redundant review by
EPA of this information and untimely delays. EPA is clarifying that
where the operator notifies EPA within 30 days prior to the transfer,
no additional NOI documentation need be submitted.
The Agency is not deviating from standard procedures for transfer
of NPDES permits as set forth in 40 CFR 122.63. EPA does not believe
this requirement to be burdensome to industry. It is not EPA's intent
to conduct another NOI review. Presumably, all of the NOI requirements
would have been previously submitted to EPA for review, and
subsequently approved by EPA. If the facility remains operational, then
the NOI by the new operator, should simply reference the previously
submitted NOI, EPA's authorization to proceed, and the assigned permit
number. It is not EPA's intent to encumber the industry's transactions,
but rather to keep the Agency informed as to ownership and entitlement
of the permitting responsibilities.
There is also some confusion by industry over the steps required to
submit an NOI for non-operational or newly acquired leases. For these
leases, the general permit states that an exploration or development
production plan must be prepared and submitted to EPA before an NOI can
be accepted. These plans are normally the responsibility of the Mineral
Management Service (MMS), and not part of the EPA permit process. This
requirement is corrected to read: ``No NOI will be accepted for either
a non-operational or newly acquired lease until such time as an
exploration or development production plan has been prepared.''

2. Notice To Drill (``NTD'') (Part I.A.4, 63 FR 55747)

The general permit states that an NTD shall contain the assigned
NPDES general permit number ``assigned to the lease block.'' EPA has
realized that this language has caused some confusion as general permit
coverage is given on an individual facility basis within a given lease
block, rather than to the lease block itself. Therefore, EPA is
clarifying that it is the facility's assigned permit coverage number
that must be included in the NTD.

3. Notice of Intent--Latitude and Longitude Requirements (Part I.B.4,
63 FR 55747)

Under the general permit, as part of the facility's submission, the
NOI

[[Page 48508]]

requires inclusion of the latitude and longitude of proposed outfall
location(s). Concerns have been raised that, in addition to the
environmental conditions experienced at the time of siting, due to
inherent errors in the positioning equipment the exact outfall location
can vary from the originally proposed site. Additionally, while a well
surface location may be fixed, the location of the discharge will be in
part dictated by the size, layout and actual orientation of the
facility in the lease block. This uncertainty can be in the range of
several hundred meters. EPA recognizes the practical realities of this
type of operation and, therefore, is clarifying that EPA will allow
flexibility in the actual placement of a facility after review of the
photodocumentation survey. Consistent with MMS protocol, EPA will allow
flexibility in placement of a surface location. However, the final
siting shall be placed no further than 500 m from the proposed surface
location covered by a photodocumentation survey.

4. Notice of Intent--Update of Technical References and Notification
Address (Part I.A.4, 63 FR 55747)

Part I.A.4.(10) and (11) refer to the bottom conditions within 1000
meters of the proposed discharge site. For clarification purposes, EPA
is taking this opportunity to update its technical references as
follows:

``(10) Technical information on the characteristics of the sea
bottom in accordance with MMS Notice To Lessees 98-20, Shallow
Hazard Requirements, or the most current MMS guidelines for shallow
hazard investigation and analysis.''
``(11) MMS live bottom survey in accordance with MMS Notice To
Lessees 99-G16 Live-Bottom Surveys and Reports, or the most current
MMS guidelines for live-bottom surveys and reports,'' for facilities
* * *.

EPA also is updating the Agency address for submission of all
notices required under the general permit. All NOIs, NTDs, Notices of
Commencement of Operations (NCOs), Notices of Termination of Operations
(NTOs), and other subsequent reports shall be sent by certified mail to
the following address: Director, Water Management Division, NPDES and
Biosolids Permits Section, U.S. EPA, Region 4, Atlanta Federal Center,
61 Forsyth Street, S.W., Atlanta, GA 30303-8960. Part III A. of the
permit addresses the submittal process for monthly monitoring results
and other related reports.

5. Photodocumentation Surveys (Part I.A.4(11), 63 FR 55747)

CWA. The general permit requires photodocumentation surveys for
operational facilities in less than 100 meters water depth in the
Central Planning Area, except facilities with current active discharges
on the effective date of the general permit (November 16, 1998). EPA
has been asked to clarify whether the exception includes ``operational
leases'' as defined on page 55718 of the permit (operational leases are
defined as ``leases on which a discharge has taken place within two
years of the effective dates of the general permits''). The answer is
no.
As provided in the permit, only currently active dischargers are
operational facilities and thus excluded from the NOI requirement for
photodocumentation. The exemption only applies to ``facilities'' that
have discharged within two years of the effective date of the permit,
not the entire lease containing the facility (i.e., the ``operational
lease''). Such a lease-wide exemption would only be allowed if the
entire block had been surveyed by photodocumentation.
However, EPA has reserved the right to deny this exemption for
operational facilities if a significant increase in discharge volume
will occur, or if a change in the nature (kind) of effluent to be
discharged will occur where no previous photodocumentation has been
done at said facility. EPA understands that some deviation from noticed
surface locations is expected. Consistent with MMS protocol, EPA will
allow flexibility in placement of a surface location. However, for
notification purposes, the final surface location shall be placed no
further than 500 feet from the proposed surface location. Should the
final location be placed within 500 m of an area previously covered by
a photodocumentation survey, then no additional survey is required.

6. Correction to Notification Requirements (Part I.A.4., 63 FR 55747)

The general permit requires the operator to submit a notice of
commencement of operations (NCO) for several activities. EPA is
providing the following typographical correction to the 6th paragraph
under part I., section A.4. of the general permit as follows: ``In
addition, a notice of commencement of operations (NCO) is required to
be submitted for each of the following activities: placing a production
platform in the general permit coverage area (within 30 days after
placement); and discharging produced water within the coverage area.''

7. Correction to the Sanitary Flow Measurement (Table 2, 63 FR 55758
and Table 3, 63 FR 55760).

The general permit requires the estimated flow to be recorded
monthly. The tables entitled ``Existing Sources-Effluent Limitations,
Prohibitions, and Monitoring Requirements for the Eastern Gulf of
Mexico NPDES General Permit'' (Table 2) and ``New Sources-Effluent
Limitations, Prohibitions, and Monitoring Requirements for the Eastern
Gulf of Mexico NPDES General Permit'' (Table 3) do not include the
requirement to report the estimated flow on the monthly reports.
EPA has corrected its inadvertent omission of the ``Recorded/
Reported Value'' from Tables 2 (p. 55758) and 3 (p. 55760) of the
permit for Sanitary Waste outfall. Consistent with the requirements of
section B.7(c), the average flow in million gallons per day (MGD) must
be estimated and recorded for the flow of sanitary wastes once per
month and submitted on the DMR.

8. Correction to Oil and Grease Limitations of Produced Water
Discharges (Part I.B.3., 63 FR 55749)

The reporting requirement for the monthly DMR, is clarified to
read: ``The highest daily maximum oil and grease concentration and the
monthly average concentration shall be reported on the monthly DMR.''

9. Clarification to the (Exception) for Sanitary Waste Facilities (Part
I.B.7., 63 FR 55749 and Part I.B.8., 63 FR 55750)

The exception to the permit limitations for sanitary waste is
clarified to read: ``(Exception) Any facility which properly operates
and maintains a marine sanitation device (MSD) that complies with * *
*.

10. Clarification to Monitoring Reports (Part III.A, 63 FR 55754)

Part III.A. deals with the proper labeling and submission of
discharge monitoring reports (DMRs). EPA inadvertently stated that the
operator of each ``lease block'' shall be responsible for submitting
DMRs. Since Region 4 issues the general permit to an individual
facility, and not a lease block, the operator of each facility is
responsible for submitting the appropriate DMR. EPA is providing the
following typographical change in the general permit:

The operator of each facility shall be responsible for
submitting its monitoring results.

[[Page 48509]]

11. Termination of Coverage Under the 1991 General Permit Issued (63 FR
55746)

The general permit, issued on October 16, 1998, required facilities
covered under the previous general permit to submit a written notice of
intent within 60 days of the effective date of the permit (November 16,
1998). NPDES permit coverage was terminated for those facilities with
continuing operations after that deadline who had not submitted the
requisite NOI. Therefore, those facilities which had not submitted the
requsite NOI are currently operating without proper permit coverage.

V. Cost Estimate

The cost of compliance with a general permit is lower than that of
an individual permit. Therefore, there is a comparative financial
benefit to coverage under the general permit even with produced water
requirements from coverage under an individual permit.

VI. Unfunded Mandates Reform Act

Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their ``regulatory actions'' on State, local, and tribal governments
and the private sector. UMRA uses the term ``regulatory actions'' to
refer to regulations. (See, e.g., UMRA section 201, ``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)'' (emphasis added)). UMRA section 102
defines ``regulation'' by reference to section 658 of Title 2 of the
U.S. Code, which in turn defines ``regulation'' and ``rule'' by
reference to section 601(2) of the Regulatory Flexibility Act (RFA).
That section of the RFA defines ``rule'' as ``any rule for which the
agency publishes a notice of proposed rulemaking pursuant to section
553(b) of the Administrative Procedure Act (APA, or any other law * *
*''
NPDES general permits are not ``rules'' under the APA and thus not
subject to the APA requirement to publish a notice of proposed
rulemaking. NPDES general permits also are not subject to such a
requirement under the CWA. While EPA publishes a notice to solicit
public comments on draft general permits, it does so pursuant to the
CWA section 402(a) requirement to provide an ``opportunity for a
hearing.'' Thus, NPDES general permits are not ``rules'' for RFA or
UMRA purposes.
Title II of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under UMRA section 202, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, UMRA section 205 generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of UMRA section 205
do not apply when they are inconsistent with applicable law. Moreover,
UMRA section 205 allows EPA to adopt an alternative other than the
least costly, most cost-effective or least burdensome alternative if
the Administrator publishes an explanation with the final rule why the
alternative was not adopted.
EPA has determined that the proposed permit modification would not
contain a Federal requirement that may result in expenditures of $100
million or more for State, local and tribal governments, in the
aggregate, or the private sector in any one year.
The Agency also believes that the permit would not significantly
nor uniquely affect small governments. For UMRA purposes, ``small
governments'' is defined by reference to the definition of ``small
government jurisdiction'' under the RFA. (See UMRA section 102(1),
referencing 2 U.S.C. 658, which references section 601(5) of the RFA.)
``Small governmental jurisdiction'' means government of cities,
counties, towns, etc. with a population of less than 50,000, unless the
agency establishes an alternative definition.
The permit modification, as proposed, also would not uniquely
affect small governments because compliance with the proposed permit
conditions affects small governments in the same manner as any other
entities seeking coverage under the permit. Additionally, EPA does not
expect small government to operate facilities authorized to discharge
by this permit.

VII. Paperwork Reduction Act

The information collection required by these permits has been
approved by the Office of Management and Budget (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 (discharge
monitoring reports).
EPA did not prepare an Information Collection Request (ICR)
document for today's permit modification because the information
collection requirements in this permit have already been approved by
the Office of Management and Budget (OMB) in submissions made for the
NPDES permit program under the provisions of the CWA.

VIII. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.

Today's proposed general permit is not subject to the RFA, which
generally requires an agency to prepare a regulatory flexibility
analysis for any rule that will have a significant economic impact on a
substantial number of small entities. The RFA only applies to rules
subject to notice and comment rulemaking requirements under the
Administrative Procedures Act (APA) or any other statute. As previously
stated, the permit modification proposed today is not a ``rule''
subject to the RFA. Although this proposed general permit is not
subject to the RFA, EPA nonetheless has assessed the potential of this
rule to adversely impact small entities subject to this general permit
and, in light of the facts presented above, I hereby certify pursuant
to the provisions of the RFA that these proposed general permit
modifications will not have a significant impact on a substantial
number of small entities. This determination is based on the fact that
the vast majority of the parties regulated by this permit have greater
than 500 employees and are not classified as small businesses under the
Small Business Administration regulations established at 49 FR 5024 et
seq. (February 9, 1984). For those operators having fewer than 500
employees, this permit issuance will not have significant economic
impact. These facilities are classified as Major Group 13--Oil and Gas
Extraction SIC Crude Petroleum and Natural Gas.

Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

Dated: June 30, 2000.
John H. Hankinson, Jr.,
Regional Administrator, Region 4.

[[Page 48510]]

Draft Modification of the National Pollutant Discharge Elimination
System (NPDES) General Permit for the Eastern Portion of the Outer
Continental Shelf (OCS) of the Gulf of Mexico (GMG280000)

Draft Modification of National Pollutant Discharge Elimination System
(NPDES) General Permit for the Eastern Portion of the Outer Continental
Shelf (OCS) of the Gulf of Mexico (GMG280000)
For reasons set forth in the preamble, the NPDES General Permit for
the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of
Mexico (GMG280000) is proposed to be modified as described below. EPA
is proposing to delete the existing appendix A from the general permit
along with several other additional modifications and clarifications.
These proposed modifications and additional requirements will become
effective on the date of Federal Register publication of the
modifications.

General Permit Number [Modification]

(1) As of the effective date of the Federal Register publication of
these modifications, the general permit number, originally identified
as GMG280000, will be modified to read as GMG28AXXX, where the 6th
significant figure will carry an alphabetic designation. The new
numbering convention will be, e.g., GMG28A001-A999, GMG28B001-B999,
GMG28C001-C999, etc.

Part I. Requirements for NPDES Permits

(2) On page 55747, paragraph (4) is modified to add additional
information requirements and corrected to update the technical
references, as follows:
Section A. Permit Applicability and Coverage Conditions
4. Notification Requirements (Existing Sources and New Sources)
[Modified and Corrected]
Written notification of intent (NOI) to be covered in accordance
with the general permit requirements shall state whether the permittee
is requesting coverage under the existing source general permit or new
source general permit, and shall contain the following information:
(1) The legal name and address of the owner or operator;
(2) The facility name and location, including the lease block
assigned by the Department of the Interior, or if none, the name
commonly assigned to the lease area;
(3) The number and type of facilities and activity proposed within
the lease block;
(4) The waters into which the facility is or will be discharging;
including a map with longitude and latitude of current or proposed
outfall locations and expected discharges identified by the
nomenclature used in part I., section B.1-10. Additional information
may be requested by the Director regarding miscellaneous discharges.
* * * * *
(10) Technical information on the characteristics of the sea bottom
in accordance with MMS Notice To Lessees 98-20, Shallow Hazard
Requirements, or the most current MMS guidelines for shallow hazard
investigation and analysis.
(11) MMS live bottom survey in accordance with MMS Notice To
Lessees 99-G16 Live-Bottom Surveys and Reports, or the most current MMS
guidelines for live-bottom surveys and reports, for facilities in less
than 100 meters water depth in the Central Planning Area. (Exception:
Current active discharging facilities on the effective date of the new
general permit will be exempt from photo-documentation surveys for the
life of that discharge: (Refer to Comment No. 69 for clarification)
* * * * *
(3) On page 55747, paragraph 4, is corrected to clarify NOI
notification requirements for a newly acquired lease as follows:
For operating leases, the NOI shall be submitted within sixty (60)
days after publication of the final determination on this action. Non-
operational facilities are not eligible for coverage under these new
general permits. No NOI will be accepted from either a non-operational
or newly acquired lease until such time as an exploration plan or
development production plan has been prepared.
* * * * *
(4) On page 55747, paragraph 4, is modified regarding NTD notice
requirements and clarified to update the Agency address for submission
of notices under the general permit follows:
For drilling activity, the operator shall submit a Notice to Drill
(NTD) sixty (60) days, or lesser notice as approved by the Director,
prior to the actual move-on date. This NTD shall contain: (1) The
assigned NPDES general permit number assigned to the facility, (2) the
latitude and longitude of the proposed discharge point, (3) the water
depth, and (4) the estimated length of time the drilling operation will
last. This NTD shall be submitted to Region 4 at the address above, by
certified mail to: Director, Water Management Division, NPDES and
Biosolids Permit Section, U.S. EPA, Region 4, Atlanta Federal Center,
61 Forsyth Street, S.W., Atlanta, GA 30303-8960.
* * * * *
All NOIs, NTDs, NCOs, and any subsequent reports required under
this permit shall be sent by certified mail to the following address:
Director, Water Management Division, NPDES and Biosolids Permits
Section, U.S. EPA, Region 4, Atlanta Federal Center, 61 Forsyth Street,
S.W., Atlanta, GA 30303-8960.
* * * * *
(5) On page 55747, paragraph 4, is modified to remove the reference
to appendix A and corrected to remove two typographical errors as
follows:
In addition, a notice of commencement of operations (NCO) is
required to be submitted for each of the following activities: placing
a production platform in the general permit coverage area (within 30
days after placement); and discharging produced water within the
coverage area.
* * * * *
6. Intent To Be Covered by a Subsequent Permit [Corrected]
(6) On page 55747, paragraph 6, is clarified to update the Agency
address for submission of notices under the general permit follows:
This permit shall expire on October 31, 2003. However, an expired
general permit continues in force and effect until a new general permit
is issued. Lease block operators authorized to discharge by this permit
shall by certified mail notify the Director, Water Management Division,
NPDES and Biosolids Permit Section, U.S. EPA, Region 4, Atlanta Federal
Center, 61 Forsyth Street, S.W., Atlanta, GA 30303-8960, on or before
April 30, 2003, that they intend to be covered by a permit that will
authorize discharge from these facilities after the termination date of
this permit on October 31, 2003.
Permittees must submit a new NOI in accordance with the
requirements of this permit to remain covered under the continued
general permit after the expiration of this permit. Therefore,
facilities that have not submitted an NOI under the permit by the
expiration date cannot become authorized to discharge under any
continuation of this NPDES general permit. All NOI's from permittees
requesting coverage under a

[[Page 48511]]

continued permit should be sent by certified mail to: Director, Water
Management Division, NPDES and Biosolids Permits Section, U.S. EPA,
Region 4, Atlanta Federal Center, 61 Forsyth Street, S.W., Atlanta, GA
30303-8960.
* * * * *
7. Section 403(c) Reopener [New]
(7) On page 55747, a new paragraph 7, is added to address the
mandatory Section 403(c) reopener clause, as follows:
7. Section 403(c) Reopener
In addition to any other grounds specified herein, this permit may
be modified or revoked at any time if, on the basis of any new data or
requirements, EPA determines that continued or increased discharges may
cause unreasonable degradation of the marine environment or if EPA
determines that additional conditions are necessary to protect the
marine environment or special aquatic sites. Also, coverage under this
permit may be denied or revoked and an individual NPDES permit
application required such that any concerns, as stated, may be included
in an individual NPDES permit.
* * * * *

Part I. Requirements for NPDES Permits

(8) On page 55749, Section B, paragraph (3) is modified to remove
the reference to Appendix A, correct the arithmetic formula regarding
limiting permissible concentrations, correct the reporting requirement
for oil and grease limitation, and referencing the new produced water
critical dilution tables, as follows:
Section B. Effluent Limitations and Monitoring Requirements
3. Produced Water [Modified]
(b) Limitations. Oil and Grease. Produced water discharges must
meet both a daily maximum limitation of 42 mg/l and a monthly average
limitation of 29 mg/l for oil and grease. A grab sample must be taken
at least once per month. The daily maximum samples may be based on the
average concentration of four grab samples taken within the 24-hour
period. If only one sample is taken for any one month, it must meet
both the daily and monthly limits. If more samples are taken, they may
exceed the monthly average for any one day, provided that the average
of all samples taken meets the monthly limitation. The gravimetric
method is specified at 40 CFR part 136. The highest daily maximum oil
and grease concentration and the monthly average concentration shall be
reported on the monthly DMR.
Toxicity. Produced water discharges must meet a toxicity limitation
projected to be the limiting permissible concentration (0.1 x LC50)
at the edge of a 100-meter mixing zone. The toxicity limitation will be
determined by the using the produced water critical dilutions in Tables
4- or 4-A.
* * * * *
(9) On page 55749, paragraph (7) is modified to further define the
exemption for sanitary waste discharges, as follows:
7. Sanitary Waste (Facilities Continuously Manned by 10 or More
Persons)
(b) Limitations. Residual Chlorine. Total residual chlorine is a
surrogate parameter for fecal coliform. Discharges of sanitary waste
must contain a minimum of 1 mg residual chlorine/l and shall be
maintained as close to this concentration as possible. The approved
analytical method is Hach CN-66-DPD. A grab sample must be taken once
per month and the concentration reported.
(Exception) Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
in compliance with permit limitations for sanitary waste. The MSD shall
be tested annually for proper operation and the test results maintained
at the facility. The operator shall indicate use of an MSD on the
monthly DMR.
* * * * *
(10) On page 55750, paragraph (8) is modified to further define the
exemption for sanitary waste discharges, as follows:
8. Sanitary Waste (Facilities Continuously Manned by 9 or Fewer Persons
or Intermittently by Any Number)
(a) Prohibitions. Solids. No floating solids may be discharged to
the receiving waters. An observation must be made once per day when the
facility is manned, during daylight in the vicinity of sanitary waste
outfalls, following either the morning or midday meal and at a time
during maximum estimated discharge. The number of days solids are
observed shall be recorded.
(Exception) Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
in compliance with permit limitations for sanitary waste. The MSD shall
be tested annually for proper operation and the test results maintained
at the facility. The operator shall indicate use of an MSD on the
monthly DMR.
* * * * *
(11) On page 55750, paragraph (10) is modified to include
additional defined ``miscellaneous discharges.'' as follows:
10. Miscellaneous Discharges. Desalination Unit Discharge; Blowout
Preventer Fluid; Uncontaminated Ballast Water; Uncontaminated Bilge
Water; Mud, Cuttings, and Cement at the Seafloor; Uncontaminated
Seawater; Boiler Blowdown; Source Water and Sand; Uncontaminated
Freshwater; Excess Cement Slurry; Diatomaceous Earth Filter Media;
chemically treated freshwater and seawater used for the hydrostatic
testing of new piping and pipelines; and waters resulting from
condensation.
* * * * *
(12) On page 55750, paragraph (10) is modified to include
additional effluent limitations and monitoring requirements for
chemically treated freshwater and seawater used for the hydrostatic
testing of new piping and pipelines, as follows:
The discharge of miscellaneous discharges shall be limited and
monitored by the permittee as specified in tables 2 and 3 and as below.
(a) Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the visual sheen test method once per day when
discharging on the surface of the receiving water or by use of the
static sheen method at the operator's option. Both tests shall be
conducted in accordance with the methods presented at IV.A.3 and
IV.A.4. Discharge is limited to those times that a visual sheen
observation is possible. The number of days a sheen is observed must be
recorded.
(Exception): Miscellaneous discharges may be discharged from
platforms that are on automatic purge systems without monitoring for
free oil when the facility is not manned. Discharge is not restricted
to periods when observation is possible; however, the static
(laboratory) sheen test method must be used during periods when
observation of a sheen is not possible, such as at night or during
inclement conditions. Static sheen testing is not required for
miscellaneous discharges occurring at the sea floor.
(b) Treatment Chemicals. The concentration of treatment chemicals
in discharged chemically treated freshwater and seawater shall not

[[Page 48512]]

exceed the most stringent of the following three constraints:
(1) The maximum concentrations and any other conditions specified
in the EPA product registration labeling if the chemical is an EPA
registered product, or
(2) The maximum manufacturer's recommended concentration, or
(3) 500 mg/l.
(c) Toxicity. The toxicity of discharged chemically treated
freshwater and seawater shall be limited as follows: the 48-hour
minimum and monthly average minimum No Observable Effect Concentration
(NOEC), or if specified the 7-day average minimum and monthly average
minimum NOEC, must be equal to or greater than the critical dilution
concentration specified in this permit in Table 5-A for seawater
discharges and 5-B for freshwater discharges. Critical dilution shall
be determined using Table 5 of this permit and is based on the
discharge rate, discharge pipe diameter, and water depth between the
discharge pipe and the bottom. The monthly average minimum NOEC value
is defined as the arithmetic average of all 48-hour average NOEC (or 7-
day average minimum NOEC) values determined during the month.
(d) Monitoring Requirements for discharged chemically treated
freshwater and seawater:
Flow. Once per month, an estimate of the flow (MGD) must be
recorded.
Toxicity. The required frequency of testing for continuous
discharges shall be determined as follows:

------------------------------------------------------------------------
Discharge rate Toxicity testing frequency
------------------------------------------------------------------------
0-499 bbl/day.......................... Once per year.
500-4,599 bbl/day...................... Once per quarter.
4,600 bbl/day and above................ Once per month.
------------------------------------------------------------------------

Part III. Monitoring Reports and Permit Modification

(13) On page 55754, Section A is corrected to recognize that
monitoring reports are to be submitted by the facility operator, as
follows:
Section A. Monitoring Reports
The operator of each facility shall be responsible for submitting
monitoring results for each facility within each lease block.
* * * * *

Appendix A [Modification]

(14) On page 55761, EPA is proposing to delete appendix A and
replace it with two new Tables--Critical Dilution Tables 4 and 4-A,
as follows.

Table 4.--Produced Water Critical Dilutions (Percent Effluent) for Water Depths of Less Than 200 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
Discharge rate (bbl/day) -----------------------------------------------
>0" to 5" >5" to 7" >7" to 9"
----------------------------------------------------------------------------------------------------------------
>0 to 500....................................................... 0.11 0.11 0.11
501 to 1000..................................................... 0.22 0.22 0.22
1001 to 2000.................................................... 0.37 0.37 0.37
2001 to 3000.................................................... 0.48 0.48 0.48
3001 to 4000.................................................... 0.56 0.56 0.56
4001 to 5000.................................................... 0.65 0.66 0.66
5001 to 6000.................................................... 0.73 0.78 0.78
6001 to 7000.................................................... 0.77 0.78 0.78
001 to 8000..................................................... 0.84 0.86 0.86
----------------------------------------------------------------------------------------------------------------

(15) On pages 55757-55758, on Table 2 ``Existing Sources-
Effluent Limitations, Prohibitions, and Monitoring Requirements for
the Eastern Gulf of Mexico NPDES General Permit'' and Table 3 ``New
Sources-Effluent Limitations, Prohibitions, and Monitoring
Requirements for the Eastern Gulf of Mexico NPDES General Permit'' a
correction is made to the Sanitary Flow

[[Page 48513]]

Measurement reporting requirements to add a ``Recorded/Reported
Value'' for ``Estimated Flow'', as follows:

Table 2.--Effluent Limitations, Prohibitions, and Monitoring Requirements for the Eastern Gulf of Mexico NPDES General Permit
[Existing sources]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitoring requirement
Regulated and Discharge limitation/ --------------------------------------------------------------------
Discharge monitored discharge prohibition Measurement Recorded/reported
parameter frequency Sample type/method value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Fluids.................. Oil-based Drilling No discharge..........
Fluids.
Oil-contaminated No discharge..........
Drilling Fluids.
Drilling Fluids to No discharge..........
Which Diesel Oil has
been Added.
Mercury and Cadmium in No discharge of Once per new source Flame and flameless mg Hg and mg Cd/kg in
Barite. drilling fluids if of barite used. AAS. stock barite.
added barite contains
Hg in excess of 1.0
mg/kg or Cd in excess
of 3.0 mg/kg (dry wt).
Toxicity \a\.......... 30,000 ppm daily Once/month........... Grab/96-hr LC50 using Minimum LC50 of tests
minimum. Once/end of well \b\. Mysidopsis bahia; performed and
Method at 58 FR monthly average
12507. LC50.
30,000 ppm monthly Once/month...........
average minimum.
Free Oil.............. No free oil........... Once/day prior to Static sheen; Method Number of days sheen
discharge. at 58 FR 12506. observed.
Maximum Discharge Rate 1,000 barrels/hr...... Once/hour............ Estimate............. Max. hourly rate in
bbl/hr.
Mineral Oil........... Mineral oil may be
used only as a
carrier fluid,
lubricity additive,
or pill.
Drilling Fluids Record................ Once/well............ Inventory............ Chemical
Inventory. constituents.
Volume................ Report................ Once/month........... Estimate............. Monthly total in bbl/
month.
Within 1000 Meters of No discharge..........
an Areas of
Biological Concern
(ABC).
--------------------------------------------------------------------------------------------------------------------
Drill Cuttings..................... Note: Drill cuttings are subject to the same limitations/prohibitions as drilling fluids except Maximum Discharge
Rate.
--------------------------------------------------------------------------------------------------------------------
Free Oil.............. No free oil........... Once/day prior to Static sheen; Method Number of days sheen
discharge. at 58 FR 12506. observed.
Volume................ Report................ Once/month........... Estimate............. Monthly total in bbl/
month.
Produced Water..................... Oil and Grease........ 42 mg/l daily maximum Once/month \c\....... Grab/Gravimetric..... Daily max. and
and 29 mg/l monthly monthly avg.
average.
Toxicity.............. Acute toxicity (LC50); Once/2 months........ Grab/96-hour LC50 Minimum LC50 for both
critical dilution as using Mysidopsis species and full
specified by the bahia and inland laboratory report.
requirements at Part silverside minnow
I.B.3(b) and Appendix (Method in EPA/600/4-
A of this permit. 90/027F).
Flow (bbl/month)...... ...................... Once/month........... Estimate............. Monthly rate.
Within 1000 meters of No discharge..........
an Area of Biological
Concern (ABC).
Deck Drainage...................... Free Oil.............. No free oil........... Once/day when Visual sheen......... Number of days sheen
discharging \d\. observed.
Volume (bbl/month).... ...................... Once/month........... Estimate............. Monthly total.
Produced Sand...................... No Discharge..........
Well Treatment, Completion, and Free Oil.............. No free oil........... Once/day when Static sheen......... Number of days sheen
Workover Fluids (includes packer discharging. observed.
fluids) \e\.

[[Page 48514]]

Oil and Grease........ 42 mg/l daily maximum Once/month........... Grab/Gravimetric..... Daily max. and
and 29 mg/l monthly monthly avg.
average.
Priority Pollutants... No priority pollutants ..................... Monitor added
materials.
Volume (bbl/month).... ...................... Once/month........... Estimate............. Monthly total.
Sanitary Waste (Continuously manned Solids................ No floating solids.... Once/day, in daylight Observation.......... Number of days solids
by 10 or more persons) \f\. observed.
Residual Chlorine..... At least (but as close Once/month........... Grab/Hach CN-66-DPD.. Concentration.
to) 1 mg/l.
Flow (MGD)............ ...................... Once/month........... Estimate............. Monthly ave.
Sanitary Waste (Continuously manned Solids................ No floating solids.... Once/day, in daylight Observation.......... Number of days solids
by 9 or fewer persons or observed.
intermittently by any) \f\.
Domestic Waste..................... Solids................ No floating solids; no Once/day following Observation.......... Number of days solids
food waste within 12 morning or midday observed.
miles of land; meal at time of
comminuted food waste maximum expected
smaller than 25-mm discharge.
beyond 12 miles.
Miscellaneous Discharges-- Free Oil.............. No free oil........... Once/day when Visual sheen......... Number of days sheen
Desalination Unit; Blowout discharging. observed.
Preventer Fluid; Uncontaminated
Ballast/Bilge Water; Mud,
Cuttings, and Cement at the
Seafloor; Uncontaminated Seawater;
Boiler Blowdown; Source Water and
Sand; Uncontaminated Fresh Water;
Excess Cement Slurry; Diatomaceous
Earth; Filter Media; Condensation
water.
Miscellaneous discharges of Treatment Chemicals... Most Stringent of: EPA
seawater and freshwater to which label registration,
treatment chemicals have been maximum
added. manufacturer's
recommended dose, or
500 mg/l.
Free Oil.............. No Free Oil........... 1/week............... Visual Sheen......... Number of days sheen
observed.
Toxicity.............. 48-hour ave. minimum Rate Dependent....... Grab................. Lowest NOEC observed
NOEC and monthly ave. for either of the
minimum NOEC. two species.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Toxicity test to be conducted using suspended particulate phase (SPP) of a 9:1 seawater:mud dilution. The sample shall be taken beneath the shale
shaker, or if there are no returns across the shaker, the sample must be taken from a location that is characteristic of the overall mud system to be
discharged.
\b\ Sample shall be taken after the final log run is completed and prior to bulk discharge.
\c\ The daily maximum concentration may be based on the average of up to four grab sample results in the 24 hour period.
\d\ When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface of the
receiving water is possible in the vicinity of the discharge.
\e\ No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported
unless requested by EPA.

[[Page 48515]]

\f\ Any facility that properly operates and maintains a marine sanitation device (MSD) that complies with pollution control standards and regulations
under Section 312 of the Act shall be deemed to be in compliance with permit limitations for sanitary waste. The MSD shall be tested yearly for proper
operation and test results maintained at the facility.

Table 3.--Effluent Limitations, Prohibitions, and Monitoring Requirements for the Eastern Gulf of Mexico NPDES General Permit
[New sources]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitoring requirement
Regulated and Discharge limitation/ --------------------------------------------------------------------
Discharge monitored discharge prohibition Measurement Recorded/reported
parameter frequency Sample type/method value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Fluids.................... Oil-based Drilling No discharge..........
Fluids.
Oil-contaminated No discharge..........
Drilling Fluids.
Drilling Fluids to No discharge..........
Which Diesel Oil has
been Added.
Mercury and Cadmium in No discharge of Once per new source Flame and flameless mg Hg and mg Cd/kg in
Barite. drilling fluids if of barite used. AAS. stock barite.
added barite contains
Hg in excess of 1.0
mg/kg or Cd in excess
of 3.0 mg/kg (dry wt).
Toxicity\a\........... 30,000 ppm daily Once/month........... Grab/96-hr LC50 using Minimum LC50 of tests
minimum. Once/end of well\b\.. Mysidopsis bahia; performed and
Method at 58 FR monthly average
12507. LC50.
30,000 ppm monthly Once/month...........
average minimum.
Free Oil.............. No free oil........... Once/day prior to Static sheen; Method Number of days sheen
discharge. at 58 FR 12506. observed.
Maximum Discharge Rate 1,000 barrels/hr...... Once/hour............ Estimate............. Max. hourly rate in
bbl/hr.
Mineral Oil........... Mineral oil may be
used only as a
carrier fluid,
lubricity additive,
or pill..
Drilling Fluids Record................ Once/well............ Inventory............ Chemical
Inventory. constituents.
Volume................ Report................ Once/month........... Estimate............. Monthly total in bbl/
month.
Within 1000 Meters of No discharge..........
an Areas of
Biological Concern
(ABC).
--------------------------------------------------------------------------------------------------------------------
Drill Cuttings..................... (4) Note: Drill cuttings are subject to the same limitations/prohibitions as drilling fluids except Maximum
Discharge Rate.
--------------------------------------------------------------------------------------------------------------------
Free Oil.............. No free oil........... Once/day prior to Static sheen; Method Number of days sheen
discharge. at 58 FR 12506. observed.
Volume................ Report................ Once/month........... Estimate............. Monthly total in bbl/
month.
Produced Water..................... Oil and Grease........ 42 mg/l daily maximum Once/month\c\........ Grab/Gravimetric..... Daily max. and
and 29 mg/l monthly monthly avg.
average.
Toxicity.............. Acute toxicity (LC50); Once/2 months........ Grab/96-hour LC50 Minimum LC50 for both
critical dilution as using Mysidopsis species and full
specified by the bahia and inland laboratory report.
requirements at Part silverside minnow
I.B.3(b) and Appendix (Method in EPA/600/4-
A of this permit. 90/027F).
Flow (bbl/month)...... ...................... Once/month........... Estimate............. Monthly rate.
Within 1000 meters of No discharge..........
an Area of Biological
Concern (ABC).
Deck Drainage...................... Free Oil.............. No free oil........... Once/day when Visual sheen......... Number of days sheen
discharging\d\. observed.
Volume (bbl/month).... ...................... Once/month........... Estimate............. Monthly total.
Produced Sand...................... No Discharge..........
Well Treatment, Completion, and Free Oil.............. No free oil........... Once/day when Static sheen......... Number of days sheen
Workover Fluids (includes packer discharging. observed.
fluids)\e\.

[[Page 48516]]

Oil and Grease........ 42 mg/l daily maximum Once/month........... Grab/Gravimetric..... Daily max. and
and 29 mg/l monthly monthly avg.
average.
Priority Pollutants... No priority pollutants ..................... Monitor added
materials.
Volume (bbl/month).... ...................... Once/month........... Estimate............. Monthly total.
Sanitary Waste (Continuously manned Solids................ No floating solids.... Once/day, in daylight Observation.......... Number of days solids
by 10 or more persons)\f\. observed.
Residual Chlorine..... At least (but as close Once/month........... Grab/Hach CN-66-DPD.. Concentration.
to) 1 mg/l.
Flow (MGD)............ ...................... Once/month........... Estimate............. Monthly ave.
Sanitary Waste (Continuously manned Solids................ No floating solids.... Once/day, in daylight Observation.......... Number of days solids
by 9 or fewer persons or observed.
intermittently by any)\f\.
Domestic Waste..................... Solids................ No floating solids; no Once/day following Observation.......... Number of days solids
food waste within 12 morning or midday observed.
miles of land; meal at time of
comminuted food waste maximum expected
smaller than 25-mm discharge.
beyond 12 miles.
Miscellaneous Discharges-- Free Oil.............. No free oil........... Once/day when Visual sheen......... Number of days sheen
Desalination Unit; Blowout discharging. observed.
Preventer Fluid; Uncontaminated
Ballast/Bilge Water; Mud,
Cuttings, and Cement at the
Seafloor; Uncontaminated Seawater;
Boiler Blowdown; Source Water and
Sand; Uncontaminated Freshwater;
Excess Cement Slurry; Diatomaceous
Earth Filter Media; Condensation
water.
Miscellaneous discharges of Treatment Chemicals... Most Stringent of: EPA
seawater and freshwater to which label registration,
treatment chemicals have been maximum
added.. manufacturer's
recommended dose, or
500 mg/l.
Free Oil.............. No Free Oil........... 1/week............... Visual Sheen......... Number of days sheen
observed.
Toxicity.............. 48-hour ave. minimum Rate Dependent....... Grab................. Lowest NOEC observed
NOEC and monthly ave. for either of the
minimum NOEC.. two species.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Toxicity test to be conducted using suspended particulate phase (SPP) of a 9:1 seawater:mud dilution. The sample shall be taken beneath the shale
shaker, or if there are no returns across the shaker, the sample must be taken from a location that is characteristic of the overall mud system to be
discharged.
\b\ Sample shall be taken after the final log run is completed and prior to bulk discharge.
\c\ The daily maximum concentration may be based on the average of up to four grab sample results in the 24 hour period.
\d\ When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface of the
receiving water is possible in the vicinity of the discharge.
\e\ No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported
unless requested by EPA.

[[Page 48517]]

f Any facility that properly operates and maintains a marine sanitation device (MSD) that complies with pollution control standards and regulations
under Section 312 of the Act shall be deemed to be in compliance with permit limitations for sanitary waste. The MSD shall be tested yearly for proper
operation and test results maintained at the facility.

[FR Doc. 00-19913 Filed 8-7-00; 8:45 am]
BILLING CODE 6560-50-P