Proposed Reissuance of the NPDES General Permit for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico (GMG290000), 76667-76669 [E6-21890]
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Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices
After consideration of public
comment and further analyses based on
all four factors, EPA prioritizes the
categories for effluent guidelines
rulemakings and publishes the
rulemaking schedules in the final
biennial plan issued in August of every
even-numbered year. By using this
multi-layered screening approach, the
Agency concentrates its resources on
those point source categories with the
highest estimated hazard associated
with toxic and non-conventional
pollution (based on best available data),
while assigning a lower priority to
categories that the Agency believes are
not good candidates for effluent
guidelines or pretreatment standards
revisions at that time.
Dated: December 15, 2006.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E6–21825 Filed 12–20–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8259–3]
Proposed Reissuance of the NPDES
General Permit for the Western Portion
of the Outer Continental Shelf of the
Gulf of Mexico (GMG290000)
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed NPDES
General Permit Reissuance.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Regional Administrator
of Region 6 today proposes to reissue
the National Pollutant Discharge
Elimination System (NPDES) general
permit for the Western Portion of the
Outer Continental Shelf of the Gulf of
Mexico (No. GMG290000) for discharges
from existing and new dischargers and
New Sources in the Offshore
Subcategory of the Oil and Gas
Extraction Point Source Category as
authorized by section 402 of the Clean
Water Act. The permit, previously
reissued on October 7, 2004, and
published in the Federal Register at 69
FR 60150, authorizes discharges from
exploration, development, production,
and transmission facilities located in
and discharging to Federal waters of the
Gulf of Mexico seaward of the outer
boundary of the territorial seas off
Louisiana and Texas. Discharges of
produced water to Federal waters from
facilities located in the territorial seas
are also authorized when all conditions
of the permit are met. The following
changes to the expiring permit are
proposed to be made as a part of the
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permit reissuance. Requirements to
comply with new cooling water intake
structure regulations are included. Sublethal effects are required to be
measured for whole effluent toxicity
testing. New test methods are allowed
for monitoring cadmium and mercury in
stock barite. Clarifications have been
added to the permit requirements for:
Types of activities covered; pit cleaning
and other wash water; end of well
monitoring; sediment toxicity test
averaging; the drilling fluids discharge
rate limitation; discharges associated
with dual gradient drilling; toxicity
testing for miscellaneous discharges;
and calculation of the produced water
critical dilution for toxicity testing.
Other minor changes in wording are
also proposed to clarify EPA’s intent
regarding the permit’s requirements.
DATES: Comments must be received by
February 20, 2007.
ADDRESSES: Comments should be sent
to: Ms. Diane Smith, Water Quality
Protection Division, U.S. Environmental
Protection Agency, 1445 Ross Avenue,
Dallas, Texas 75202–2733.
Comments may also be submitted via
e-mail to the following address:
smith.diane@epa.gov.
Ms.
Diane Smith, Region 6, U.S.
Environmental Protection Agency
(6WQ–CA), 1445 Ross Avenue, Dallas,
Texas 75202–2733. Telephone: (214)
665–2145.
A copy of the proposed permit, and
the fact sheet more fully explaining the
proposal may be obtained from Ms.
Smith. The Agency’s current
administrative record on the proposal is
available for examination at the Region’s
Dallas offices during normal working
hours after providing Ms. Smith 24
hours advance notice. Additionally, a
copy of the proposed permit, fact sheet,
and this Federal Register Notice may be
obtained on the Internet at: https://
www.epa.gov/earth1r6/6wq/6wq.htm.
SUPPLEMENTARY INFORMATION:
Regulated entities. EPA intends to use
the proposed reissued permit to regulate
oil and gas extraction facilities located
in the Outer Continental Shelf of the
Western Gulf of Mexico, e.g., offshore
oil and gas extraction platforms, but
other types of facilities may also be
subject to the permit. To determine
whether your facility, company,
business, organization, etc., may be
affected by today’s action, you should
carefully examine the applicability
criteria in Part I, Section A.1 of the draft
permit. Questions on the permit’s
application to specific facilities may
also be directed to Ms. Smith at the
FOR FURTHER INFORMATION CONTACT:
PO 00000
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76667
telephone number or address listed
above.
The permit contains limitations
conforming to EPA’s Oil and Gas
extraction, Offshore Subcategory
Effluent Limitations Guidelines at 40
CFR Part 435 and additional
requirements assuring that regulated
discharges will cause no unreasonable
degradation of the marine environment,
as required by section 403(c) of the
Clean Water Act. Specific information
on the derivation of those limitations
and conditions is contained in the fact
sheet.
Other Legal Requirements
Oil Spill Requirements. Section 311 of
the CWA, (the Act), prohibits the
discharge of oil and hazardous materials
in harmful quantities. Discharges that
are in compliance with NPDES permits
are excluded from the provisions of
Section 311. However, the permit does
not preclude the institution of legal
action or relieve permittees from any
responsibilities, liabilities, or penalties
for other, unauthorized discharges of oil
and hazardous materials which are
covered by Section 311 of the Act.
Endangered Species Act. As
explained at 69 FR 39478 (June 30,
2004), EPA previously found that reissuance of the General Permit for the
Outer Continental Shelf of the Western
Gulf of Mexico would not adversely
affect any listed threatened or
endangered species or designated
critical habitat. EPA requested written
concurrence on that determination from
the National Marine Fisheries Service
(NMFS). In a letter dated July 12, 2004,
NMFS provided such concurrence on
the proposed NPDES General Permit for
the Western Portion of the Outer
Continental Shelf of the Gulf of Mexico.
No changes are proposed which would
decrease the level of protection the
permit affords threatened or endangered
species. The main changes include new
intake structure requirements and more
stringent whole effluent toxicity limits
based on sub-lethal effects. Since those
changes increase the level of protection
EPA again finds that issuance of the
permit will not adversely affect any
listed threatened or endangered species
or their critical habitat. Concurrence
with this determination will be obtained
from NMFS before the final permit is
issued.
Ocean Discharge Criteria Evaluation.
For discharges into waters of the
territorial sea, contiguous zone, or
oceans CWA section 403 requires EPA
to consider guidelines for determining
potential degradation of the marine
environment in issuance of NPDES
permits. These Ocean Discharge Criteria
E:\FR\FM\21DEN1.SGM
21DEN1
sroberts on PROD1PC70 with NOTICES
76668
Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices
(40 CFR part 125, Subpart M) are
intended to ‘‘prevent unreasonable
degradation of the marine environment
and to authorize imposition of effluent
limitations, including a prohibition of
discharge, if necessary, to ensure this
goal’’ (45 FR 65942, October 3, 1980).
EPA Region 6 has previously
determined that discharges in
compliance with the Western Gulf of
Mexico Outer Continental Shelf general
permit (GMG290000) will not cause
unreasonable degradation of the marine
environment. Since this proposed
permit contains limitations which will
protect water quality and in general
reduce the discharge of toxic pollutants
to the marine environment, the Region
finds that discharges proposed to be
authorized by the reissued general
permit will not cause unreasonable
degradation of the marine environment.
Coastal Zone Management Act. When
the current permit was issued, EPA
determined that the activities which
were authorized were consistent with
the local and state Coastal Zone
Management Plans. Those
determinations were submitted to the
appropriate State agencies for
certification. Certification was received
from the Coastal Management Division
of the Louisiana Department of Natural
Resources in a letter dated July 12, 2004
and from the Railroad Commission of
Texas by a letter dated August 20, 2004.
EPA has again determined that activities
proposed to be authorized by this
reissued permit are consistent with the
local and state Coastal Zone
Management Plans. The proposed
permit and consistency determination
will be submitted to the State of
Louisiana and the State of Texas for
interagency review at the time of public
notice.
Marine Protection, Research, and
Sanctuaries Act. The Marine Protection,
Research and Sanctuaries Act (MPRSA)
of 1972 regulates the dumping of all
types of materials into ocean waters and
establishes a permit program for ocean
dumping. In addition the MPRSA
establishes the Marine Sanctuaries
Program, implemented by the National
Oceanographic and Atmospheric
Administration (NOAA), which requires
NOAA to designate certain ocean waters
as marine sanctuaries for the purpose of
preserving or restoring their
conservation, recreational, ecological or
aesthetic values. Pursuant to the Marine
Protection and Sanctuaries Act, NOAA
has designated the Flower Garden
Banks, an area within the coverage of
the OCS general permit, a marine
sanctuary. The OCS general permit
prohibits discharges in areas of
biological concern, including marine
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17:01 Dec 20, 2006
Jkt 211001
sanctuaries. The current permit
authorizes historic discharges incidental
to oil and gas production from a facility
which predates designation of the
Flower Garden Banks National Marine
Sanctuary as a marine sanctuary. EPA
has previously worked extensively with
NOAA to ensure that authorized
discharges are consistent with
regulations governing the National
Marine Sanctuary. NOAA concurred on
the permit conditions when the current
permit was issued.
State Water Quality Standards and
State Certification. The permit does not
authorize discharges to State Waters;
therefore, the state water quality
certification provisions of CWA section
401 do not apply to this proposed
action.
Executive Order 12866. Under
Executive Order 12866 (58 FR 51735
(October 4, 1993)) EPA must determine
whether the regulatory action is
‘‘significant’’ and therefore subject to
Office of Management and Budget
(OMB) review and the requirements of
the Executive Order. The Order defines
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or raise novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order. EPA has determined that this
general permit is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 and is therefore
not subject to formal OMB review prior
to proposal.
Paperwork Reduction Act. The
information collection required by this
permit 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).
Since this permit reissuance will not
significantly change the reporting and
application requirements which are
required under the previous Western
Gulf of Mexico Outer Continental Shelf
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
(OCS) general permit (GMG290000), the
paperwork burdens are expected to be
nearly identical. When it issued the
previous OCS general permit, EPA
estimated it would take an affected
facility three hours to prepare the
request for coverage and 38 hours per
year to prepare discharge monitoring
reports. It is estimated that the time
required to prepare the request for
coverage and discharge monitoring
reports for the reissued permit will be
the same and will not be affected by this
action.
However, the alternative to obtaining
authorization to discharge under this
general permit is to obtain an individual
permit. The application and reporting
burden of obtaining authorization to
discharge under the general permit is
expected to be significantly less than
that under an individual permit.
Regulatory Flexibility Act. The
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., requires that EPA prepare a
regulatory flexibility analysis for
regulations that have a significant
impact on a substantial number of small
entities. As indicated below, the permit
reissuance proposed today is not a
‘‘rule’’ subject to the Regulatory
Flexibility Act. EPA prepared a
regulatory flexibility analysis, however,
on the promulgation of the Offshore
Subcategory guidelines on which many
of the permit’s effluent limitations are
based. That analysis shows that
issuance of this permit will not have a
significant impact on a substantial
number of small entities.
Unfunded Mandates Reform Act.
Section 201 of the Unfunded Mandates
Reform Act (UMRA), 2 U.S.C. 1501, et
seq., 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
E:\FR\FM\21DEN1.SGM
21DEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices
subject to the APA requirement to
publish a notice of proposed
rulemaking. NPDES general permits are
also not subject to such a requirement
under the CWA. While EPA publishes a
notice to solicit public comment on
draft general permits, it does so
pursuant to the CWA section 402(a)
requirement to provide ‘‘an opportunity
for a hearing.’’ Thus, NPDES general
permits are not ‘‘rules’’ for RFA or
UMRA purposes.
EPA has determined that the
proposed permit reissuance 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 governmental 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 governments of cities, counties,
towns, etc., with a population of less
than 50,000, unless the agency
establishes an alternative definition.
The permit, 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 governments to operate
facilities authorized to discharge by this
permit.
National Environmental Policy Act.
The Minerals Management Service
(MMS) examined the environmental
consequences of oil and gas exploration
activities in a 2002 EIS on Gulf of
Mexico OCS Oil and Gas Lease Sales:
2003–2007, Central Planning Area Sales
185, 190, 194, 198, and 201 and Western
Planning Area Sales 187, 192, 196, and
200. When the current permit was
issued, EPA has adopted that EIS and
prepared a Supplemental
Environmental Assessment (SEA) to
allow for additional consideration and
evaluation of potential impacts on the
hypoxic zone in the Gulf of Mexico.
EPA also determined that the 2004
reissuance of the NPDES general permit
for New and Existing Sources in the
Western Portion of the Outer
Continental Shelf of the Gulf of Mexico
would result in no significant impacts
other than those considered in the MMS
EIS. MMS is currently developing the
2007–2012 Multisale EIS for the Central
and Western Planning Areas of the Gulf
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76669
of Mexico. EPA Region 6 is a
cooperating agency on that EIS and has
signed a Memorandum of
Understanding (MOU) with MMS. EPA
intends to use that EIS to fulfill the
National Environmental Policy Act
obligations for this permit issuance.
Magnuson-Stevens Fisheries
Conservation and Management Act. The
Magnuson-Stevens Fisheries
Conservation and Management Act
requires federal agencies proposing to
authorize actions that may adversely
affect essential fish habitat to consult
with NMFS. The entire Gulf of Mexico
has been designated Essential Fish
Habitat. EPA has adopted the essential
fish habitat analysis in the 2002 MMS
EIS referenced above and finds that
issuance of the proposed permit will not
adversely affect essential fish habitat.
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than January 16,
2007.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480-0291:
1. First Sleepy Eye Bancorporation,
Inc., Sioux Falls, South Dakota; to
acquire 100 percent of the voting shares
of Lake Benton Bancorporation, Inc.,
Sioux Falls, South Dakota, and thereby
indirectly acquire voting shares of First
Security Bank–Lake Benton, Lake
Benton, Minnesota.
Dated: December 12, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division,
Region 6.
[FR Doc. E6–21890 Filed 12–20–06; 8:45 am]
Board of Governors of the Federal Reserve
System, December 18, 2006.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E6–21844 Filed 12–20–06; 8:45 am]
BILLING CODE 6560–50–P
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
PO 00000
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Fmt 4703
Sfmt 4703
Office of the Secretary
[Document Identifier: OS–0990–0000, 60day notice]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed collection for public
comment. Interested persons are invited
to send comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
Type of Information Collection
Request: Existing collection in use
without an OMB control number.
AGENCY:
E:\FR\FM\21DEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76667-76669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21890]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8259-3]
Proposed Reissuance of the NPDES General Permit for the Western
Portion of the Outer Continental Shelf of the Gulf of Mexico
(GMG290000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed NPDES General Permit Reissuance.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of Region 6 today proposes to
reissue the National Pollutant Discharge Elimination System (NPDES)
general permit for the Western Portion of the Outer Continental Shelf
of the Gulf of Mexico (No. GMG290000) for discharges from existing and
new dischargers and New Sources in the Offshore Subcategory of the Oil
and Gas Extraction Point Source Category as authorized by section 402
of the Clean Water Act. The permit, previously reissued on October 7,
2004, and published in the Federal Register at 69 FR 60150, authorizes
discharges from exploration, development, production, and transmission
facilities located in and discharging to Federal waters of the Gulf of
Mexico seaward of the outer boundary of the territorial seas off
Louisiana and Texas. Discharges of produced water to Federal waters
from facilities located in the territorial seas are also authorized
when all conditions of the permit are met. The following changes to the
expiring permit are proposed to be made as a part of the permit
reissuance. Requirements to comply with new cooling water intake
structure regulations are included. Sub-lethal effects are required to
be measured for whole effluent toxicity testing. New test methods are
allowed for monitoring cadmium and mercury in stock barite.
Clarifications have been added to the permit requirements for: Types of
activities covered; pit cleaning and other wash water; end of well
monitoring; sediment toxicity test averaging; the drilling fluids
discharge rate limitation; discharges associated with dual gradient
drilling; toxicity testing for miscellaneous discharges; and
calculation of the produced water critical dilution for toxicity
testing. Other minor changes in wording are also proposed to clarify
EPA's intent regarding the permit's requirements.
DATES: Comments must be received by February 20, 2007.
ADDRESSES: Comments should be sent to: Ms. Diane Smith, Water Quality
Protection Division, U.S. Environmental Protection Agency, 1445 Ross
Avenue, Dallas, Texas 75202-2733.
Comments may also be submitted via e-mail to the following address:
smith.diane@epa.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Region 6, U.S.
Environmental Protection Agency (6WQ-CA), 1445 Ross Avenue, Dallas,
Texas 75202-2733. Telephone: (214) 665-2145.
A copy of the proposed permit, and the fact sheet more fully
explaining the proposal may be obtained from Ms. Smith. The Agency's
current administrative record on the proposal is available for
examination at the Region's Dallas offices during normal working hours
after providing Ms. Smith 24 hours advance notice. Additionally, a copy
of the proposed permit, fact sheet, and this Federal Register Notice
may be obtained on the Internet at: https://www.epa.gov/earth1r6/6wq/
6wq.htm.
SUPPLEMENTARY INFORMATION:
Regulated entities. EPA intends to use the proposed reissued permit
to regulate oil and gas extraction facilities located in the Outer
Continental Shelf of the Western Gulf of Mexico, e.g., offshore oil and
gas extraction platforms, but other types of facilities may also be
subject to the permit. To determine whether your facility, company,
business, organization, etc., may be affected by today's action, you
should carefully examine the applicability criteria in Part I, Section
A.1 of the draft permit. Questions on the permit's application to
specific facilities may also be directed to Ms. Smith at the telephone
number or address listed above.
The permit contains limitations conforming to EPA's Oil and Gas
extraction, Offshore Subcategory Effluent Limitations Guidelines at 40
CFR Part 435 and additional requirements assuring that regulated
discharges will cause no unreasonable degradation of the marine
environment, as required by section 403(c) of the Clean Water Act.
Specific information on the derivation of those limitations and
conditions is contained in the fact sheet.
Other Legal Requirements
Oil Spill Requirements. Section 311 of the CWA, (the Act),
prohibits the discharge of oil and hazardous materials in harmful
quantities. Discharges that are in compliance with NPDES permits are
excluded from the provisions of Section 311. However, the permit does
not preclude the institution of legal action or relieve permittees from
any responsibilities, liabilities, or penalties for other, unauthorized
discharges of oil and hazardous materials which are covered by Section
311 of the Act.
Endangered Species Act. As explained at 69 FR 39478 (June 30,
2004), EPA previously found that re-issuance of the General Permit for
the Outer Continental Shelf of the Western Gulf of Mexico would not
adversely affect any listed threatened or endangered species or
designated critical habitat. EPA requested written concurrence on that
determination from the National Marine Fisheries Service (NMFS). In a
letter dated July 12, 2004, NMFS provided such concurrence on the
proposed NPDES General Permit for the Western Portion of the Outer
Continental Shelf of the Gulf of Mexico. No changes are proposed which
would decrease the level of protection the permit affords threatened or
endangered species. The main changes include new intake structure
requirements and more stringent whole effluent toxicity limits based on
sub-lethal effects. Since those changes increase the level of
protection EPA again finds that issuance of the permit will not
adversely affect any listed threatened or endangered species or their
critical habitat. Concurrence with this determination will be obtained
from NMFS before the final permit is issued.
Ocean Discharge Criteria Evaluation. For discharges into waters of
the territorial sea, contiguous zone, or oceans CWA section 403
requires EPA to consider guidelines for determining potential
degradation of the marine environment in issuance of NPDES permits.
These Ocean Discharge Criteria
[[Page 76668]]
(40 CFR part 125, Subpart M) are intended to ``prevent unreasonable
degradation of the marine environment and to authorize imposition of
effluent limitations, including a prohibition of discharge, if
necessary, to ensure this goal'' (45 FR 65942, October 3, 1980). EPA
Region 6 has previously determined that discharges in compliance with
the Western Gulf of Mexico Outer Continental Shelf general permit
(GMG290000) will not cause unreasonable degradation of the marine
environment. Since this proposed permit contains limitations which will
protect water quality and in general reduce the discharge of toxic
pollutants to the marine environment, the Region finds that discharges
proposed to be authorized by the reissued general permit will not cause
unreasonable degradation of the marine environment.
Coastal Zone Management Act. When the current permit was issued,
EPA determined that the activities which were authorized were
consistent with the local and state Coastal Zone Management Plans.
Those determinations were submitted to the appropriate State agencies
for certification. Certification was received from the Coastal
Management Division of the Louisiana Department of Natural Resources in
a letter dated July 12, 2004 and from the Railroad Commission of Texas
by a letter dated August 20, 2004. EPA has again determined that
activities proposed to be authorized by this reissued permit are
consistent with the local and state Coastal Zone Management Plans. The
proposed permit and consistency determination will be submitted to the
State of Louisiana and the State of Texas for interagency review at the
time of public notice.
Marine Protection, Research, and Sanctuaries Act. The Marine
Protection, Research and Sanctuaries Act (MPRSA) of 1972 regulates the
dumping of all types of materials into ocean waters and establishes a
permit program for ocean dumping. In addition the MPRSA establishes the
Marine Sanctuaries Program, implemented by the National Oceanographic
and Atmospheric Administration (NOAA), which requires NOAA to designate
certain ocean waters as marine sanctuaries for the purpose of
preserving or restoring their conservation, recreational, ecological or
aesthetic values. Pursuant to the Marine Protection and Sanctuaries
Act, NOAA has designated the Flower Garden Banks, an area within the
coverage of the OCS general permit, a marine sanctuary. The OCS general
permit prohibits discharges in areas of biological concern, including
marine sanctuaries. The current permit authorizes historic discharges
incidental to oil and gas production from a facility which predates
designation of the Flower Garden Banks National Marine Sanctuary as a
marine sanctuary. EPA has previously worked extensively with NOAA to
ensure that authorized discharges are consistent with regulations
governing the National Marine Sanctuary. NOAA concurred on the permit
conditions when the current permit was issued.
State Water Quality Standards and State Certification. The permit
does not authorize discharges to State Waters; therefore, the state
water quality certification provisions of CWA section 401 do not apply
to this proposed action.
Executive Order 12866. Under Executive Order 12866 (58 FR 51735
(October 4, 1993)) EPA must determine whether the regulatory action is
``significant'' and therefore subject to Office of Management and
Budget (OMB) review and the requirements of the Executive Order. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. EPA has determined that this general permit is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to formal OMB review prior to
proposal.
Paperwork Reduction Act. The information collection required by
this permit 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).
Since this permit reissuance will not significantly change the
reporting and application requirements which are required under the
previous Western Gulf of Mexico Outer Continental Shelf (OCS) general
permit (GMG290000), the paperwork burdens are expected to be nearly
identical. When it issued the previous OCS general permit, EPA
estimated it would take an affected facility three hours to prepare the
request for coverage and 38 hours per year to prepare discharge
monitoring reports. It is estimated that the time required to prepare
the request for coverage and discharge monitoring reports for the
reissued permit will be the same and will not be affected by this
action.
However, the alternative to obtaining authorization to discharge
under this general permit is to obtain an individual permit. The
application and reporting burden of obtaining authorization to
discharge under the general permit is expected to be significantly less
than that under an individual permit.
Regulatory Flexibility Act. The Regulatory Flexibility Act, 5
U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility
analysis for regulations that have a significant impact on a
substantial number of small entities. As indicated below, the permit
reissuance proposed today is not a ``rule'' subject to the Regulatory
Flexibility Act. EPA prepared a regulatory flexibility analysis,
however, on the promulgation of the Offshore Subcategory guidelines on
which many of the permit's effluent limitations are based. That
analysis shows that issuance of this permit will not have a significant
impact on a substantial number of small entities.
Unfunded Mandates Reform Act. Section 201 of the Unfunded Mandates
Reform Act (UMRA), 2 U.S.C. 1501, et seq., 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
[[Page 76669]]
subject to the APA requirement to publish a notice of proposed
rulemaking. NPDES general permits are also not subject to such a
requirement under the CWA. While EPA publishes a notice to solicit
public comment on draft general permits, it does so pursuant to the CWA
section 402(a) requirement to provide ``an opportunity for a hearing.''
Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
EPA has determined that the proposed permit reissuance 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
governmental 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 governments of cities,
counties, towns, etc., with a population of less than 50,000, unless
the agency establishes an alternative definition.
The permit, 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 governments to operate facilities authorized to discharge by this
permit.
National Environmental Policy Act. The Minerals Management Service
(MMS) examined the environmental consequences of oil and gas
exploration activities in a 2002 EIS on Gulf of Mexico OCS Oil and Gas
Lease Sales: 2003-2007, Central Planning Area Sales 185, 190, 194, 198,
and 201 and Western Planning Area Sales 187, 192, 196, and 200. When
the current permit was issued, EPA has adopted that EIS and prepared a
Supplemental Environmental Assessment (SEA) to allow for additional
consideration and evaluation of potential impacts on the hypoxic zone
in the Gulf of Mexico. EPA also determined that the 2004 reissuance of
the NPDES general permit for New and Existing Sources in the Western
Portion of the Outer Continental Shelf of the Gulf of Mexico would
result in no significant impacts other than those considered in the MMS
EIS. MMS is currently developing the 2007-2012 Multisale EIS for the
Central and Western Planning Areas of the Gulf of Mexico. EPA Region 6
is a cooperating agency on that EIS and has signed a Memorandum of
Understanding (MOU) with MMS. EPA intends to use that EIS to fulfill
the National Environmental Policy Act obligations for this permit
issuance.
Magnuson-Stevens Fisheries Conservation and Management Act. The
Magnuson-Stevens Fisheries Conservation and Management Act requires
federal agencies proposing to authorize actions that may adversely
affect essential fish habitat to consult with NMFS. The entire Gulf of
Mexico has been designated Essential Fish Habitat. EPA has adopted the
essential fish habitat analysis in the 2002 MMS EIS referenced above
and finds that issuance of the proposed permit will not adversely
affect essential fish habitat.
Dated: December 12, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division, Region 6.
[FR Doc. E6-21890 Filed 12-20-06; 8:45 am]
BILLING CODE 6560-50-P
