Reissuance of the NPDES General Permit for Oil and Gas Exploration, Development and Production Facilities Located in State and Federal Waters in Cook Inlet (Permit Number AKG-31-5000), 30377-30378 [E7-10456]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically, or in paper, will be made available for public viewing at https://www.regulations.gov, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to www.regulations.gov. Title: NESHAP for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing (Renewal). ICR Numbers: EPA ICR Number 1611.06, OMB Control Number 2060– 0327. ICR Status: This ICR is scheduled to expire on June 30, 2007. Under OMB regulations, the Agency may continue to conduct, or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct, or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, and displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The national emission standards for hazardous air pollutants (NESHAP) using maximum achievable control technology (MACT) for control of chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks were proposed on December 16, 1993 and promulgated on January 25, 1995. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. Respondents that are not required to conduct an initial performance test (i.e., decorative chromium electroplating, or chromium anodizing operations that use a wetting agent and meet the surface tension limit required by the rule, and decorative chromium electroplating operations that use a trivalent chromium bath) are required to notify the Administrator of the initial compliance status of the source. Owners, or operators also are required to maintain records of a source’s VerDate Aug<31>2005 16:01 May 30, 2007 Jkt 211001 operations, including the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. The types of reports required by these standards include initial compliance status reports. Periodic reports required by this standard include annual compliance status reports for area sources and semiannual compliance status reports for major sources, unless an exceedance has occurred which requires sources to submit such reports on a more frequent basis. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NESHAP standards. Any owner, or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state, or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 83 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose, or provide information to, or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit, or otherwise disclose the information. Respondents/Affected Entities: Operators of hard chromium electroplating, decorative chromium electroplating, and chromium anodizing facilities/chromium electroplating, or chromium anodizing tanks. Estimated Number of Respondents: 5,020. Frequency of Response: Initially, quarterly, semiannually, annually. Total Annual Hour Burden: 495,774 hours. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 30377 Estimated Total Annual Cost: $106,662,892, of which $75,300,000 accounts for annual O&M costs and $31,362,892 are labor costs. There are no annualized capital/startup costs associated with this ICR. Changes in the Estimates: There is no change in the labor hours or cost in this ICR compared to the previous ICR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Second, the growth rate for the industry is very low, so there is no significant change in the overall burden. Because there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR to estimate the industry and Federal Government burdens. There is one exception: The burden associated with regulators attending performance tests was deleted because that activity is considered part of the implementation of the enforcement program and cannot be attributed to this rule. Dated: May 23, 2007. Sara Hisel-McCoy, Acting Director; Collection Strategies Division. [FR Doc. E7–10521 Filed 5–30–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8319–6] Reissuance of the NPDES General Permit for Oil and Gas Exploration, Development and Production Facilities Located in State and Federal Waters in Cook Inlet (Permit Number AKG–31– 5000) Environmental Protection Agency (EPA). ACTION: Notice of availability of final NPDES general permit. AGENCY: SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, is publishing notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permit authorizing discharges from exploration, development, and production platforms and related facilities in Cook Inlet, Alaska, pursuant to the provisions of the Clean Water Act, 33 U.S.C. 1251 et seq. The general permit contains conditions and limitations that conform to the Offshore and Coastal Subcategories of the Oil and Gas Extraction Point Source Effluent E:\FR\FM\31MYN1.SGM 31MYN1 sroberts on PROD1PC70 with NOTICES 30378 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices Limitations Guidelines, set forth at 40 CFR Part 435, subparts A and D, as well as additional requirements that ensure that the regulated discharges will not cause unreasonable degradation of the marine environment, as required by section 403(c) of the Clean Water Act (i.e., the Ocean Discharge Criteria), 33 U.S.C. 1343(c). New facilities seeking permit coverage must submit a Notice of Intent (NOI) at least 30 days prior to discharge. The general permit expands the existing coverage area to include the Minerals Management Service Lease Sales Nos. 191 and 199, and the State waters adjoining those lease areas. The general permit also authorizes discharges from oil and gas exploration, development and production facilities, however, new development and production facilities are not authorized to discharge produced water, drilling fluids, or drill cuttings. A fact sheet has also been prepared which sets forth the principle factual, legal, policy, and scientific information considered in the development of the general permit. DATES: The NPDES general permit shall become effective on July 2, 2007. Public Comment: On April 1, 2004, the previous NPDES general permit expired. Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA proposed to reissue the general permit and solicited comments on the draft general permit in the Federal Register on March 1, 2006. Notice of the draft general permit was also published in the Anchorage Daily News, the Homer Tribune, and the Peninsula Clarion. There was an initial 60 day public comment period which EPA extended for an additional 30 days. Thus, the entire public comment period extended 90 days. Public hearings were held in Anchorage, Homer, and Kenai/Soldotna. The comment period ended on May 31, 2006. Changes have been made from the draft permit to the final permit in response to comments received from Tribal representatives, environmental advocacy groups, industry representatives, government agencies, trade organizations, and individual citizens. All comments, along with EPA’s responses, are summarized in the Response to Comment document and comment database. ADDRESSES: Copies of the general permit, the Response to Comment document and comment database are available upon request. Written requests may be submitted to EPA Region 10, 1200 Sixth Avenue OWW–130, Seattle, WA 98101. Electronic requests may be e-mailed to: VerDate Aug<31>2005 16:01 May 30, 2007 Jkt 211001 washington.audrey@epa.gov or shaw.hanh@epa.gov. The general permit, Fact Sheet, Response to Comment document and comment database may be found on the Region 10 Web site at: https://www.epa.gov/ r10earth/waterpermits.htm (under General Permits, Oil and Gas). Telephone requests for copies may be made to Audrey Washington at (206) 553–0523 or to Hanh Shaw at (206) 553– 0171. FOR FURTHER INFORMATION CONTACT: Other Legal Requirements State Water Quality Standards and State Certification Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on May 18, 2007, the Alaska Department of Environmental Conservation (ADEC) certified that the conditions of the general permit comply with the Alaska State Water Quality Standards (Alaska Administrative Code 18 AAC 15, 18 AAC 70, and 18 AAC 72), including the State’s antidegradation policy. State of Alaska Coastal Zone Management Act On May 31, 2006, the Department of Natural Resources, Office of Project Management and Permitting agreed with EPA’s consistency determination under the Alaska Coastal Zone Management Act. Endangered Species Act Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility analysis for rules subject to the requirements of 5 U.S.C. 553(b) that have a significant impact on a substantial number of small entities. However, general NPDES permits are not ‘‘rules’’ subject to the requirements of 5 U.S.C. 553(b), and is therefore not subject to the RFA. 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’’ (defined to be the same as ‘‘rules’’ subject to the RFA) on tribal, state, and local governments and the private sector. However, the general permit issued today is not a ‘‘rule’’ subject to the RFA, and is therefore not subject to the UMRA. Appeal of Permit Any interested person may appeal the general permit in the Federal Court of Appeals in accordance with section 509(b)(1) of the Clean Water Act, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 days of the permit effective date. Persons affected by the permit may not challenge the conditions of the permit in further EPA proceedings (see 40 CFR 124.19). Instead, they may either challenge the permit in court or apply for an individual NPDES permit. EPA has determined that the issuance of the general permit is not likely to adversely affect any threatened or endangered species, designated critical habitat, or essential fish habitat. The National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) concurred with EPA’s determination. Signed this 21st day of May, 2007. Michael F. Gearheard, Director, Office of Water and Watersheds, Region 10. [FR Doc. E7–10456 Filed 5–30–07; 8:45 am] Executive Order 12866 Notice of Agreements Filed 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 Office of Management and Budget (OMB) review. The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s Office of Agreements (202–523–5793 or tradeanalysis@fmc.gov). Agreement No.: 010979–044. Title: Caribbean Shipowners Association. Parties: Bernuth Lines, Ltd.; CMA CGM, S.A.; Crowley Liner Services, Inc.; Paperwork Reduction Act The information collection requirements of this general permit were previously approved by the OMB under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 2040–0086 (NPDES permit application) and 2040–0004 (discharge monitoring reports). PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30377-30378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10456]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8319-6]


Reissuance of the NPDES General Permit for Oil and Gas 
Exploration, Development and Production Facilities Located in State and 
Federal Waters in Cook Inlet (Permit Number AKG-31-5000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permit.

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

SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing notice of availability of the final National Pollutant 
Discharge Elimination System (NPDES) general permit authorizing 
discharges from exploration, development, and production platforms and 
related facilities in Cook Inlet, Alaska, pursuant to the provisions of 
the Clean Water Act, 33 U.S.C. 1251 et seq. The general permit contains 
conditions and limitations that conform to the Offshore and Coastal 
Subcategories of the Oil and Gas Extraction Point Source Effluent

[[Page 30378]]

Limitations Guidelines, set forth at 40 CFR Part 435, subparts A and D, 
as well as additional requirements that ensure that the regulated 
discharges will not cause unreasonable degradation of the marine 
environment, as required by section 403(c) of the Clean Water Act 
(i.e., the Ocean Discharge Criteria), 33 U.S.C. 1343(c). New facilities 
seeking permit coverage must submit a Notice of Intent (NOI) at least 
30 days prior to discharge.
    The general permit expands the existing coverage area to include 
the Minerals Management Service Lease Sales Nos. 191 and 199, and the 
State waters adjoining those lease areas. The general permit also 
authorizes discharges from oil and gas exploration, development and 
production facilities, however, new development and production 
facilities are not authorized to discharge produced water, drilling 
fluids, or drill cuttings. A fact sheet has also been prepared which 
sets forth the principle factual, legal, policy, and scientific 
information considered in the development of the general permit.

DATES: The NPDES general permit shall become effective on July 2, 2007.
    Public Comment: On April 1, 2004, the previous NPDES general permit 
expired. Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 
1342, EPA proposed to reissue the general permit and solicited comments 
on the draft general permit in the Federal Register on March 1, 2006. 
Notice of the draft general permit was also published in the Anchorage 
Daily News, the Homer Tribune, and the Peninsula Clarion. There was an 
initial 60 day public comment period which EPA extended for an 
additional 30 days. Thus, the entire public comment period extended 90 
days. Public hearings were held in Anchorage, Homer, and Kenai/
Soldotna. The comment period ended on May 31, 2006.
    Changes have been made from the draft permit to the final permit in 
response to comments received from Tribal representatives, 
environmental advocacy groups, industry representatives, government 
agencies, trade organizations, and individual citizens. All comments, 
along with EPA's responses, are summarized in the Response to Comment 
document and comment database.

ADDRESSES: Copies of the general permit, the Response to Comment 
document and comment database are available upon request. Written 
requests may be submitted to EPA Region 10, 1200 Sixth Avenue OWW-130, 
Seattle, WA 98101. Electronic requests may be e-mailed to: 
washington.audrey@epa.gov or shaw.hanh@epa.gov.

FOR FURTHER INFORMATION CONTACT: The general permit, Fact Sheet, 
Response to Comment document and comment database may be found on the 
Region 10 Web site at: https://www.epa.gov/r10earth/waterpermits.htm 
(under General Permits, Oil and Gas). Telephone requests for copies may 
be made to Audrey Washington at (206) 553-0523 or to Hanh Shaw at (206) 
553-0171.

Other Legal Requirements

State Water Quality Standards and State Certification

    Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on 
May 18, 2007, the Alaska Department of Environmental Conservation 
(ADEC) certified that the conditions of the general permit comply with 
the Alaska State Water Quality Standards (Alaska Administrative Code 18 
AAC 15, 18 AAC 70, and 18 AAC 72), including the State's 
antidegradation policy.

State of Alaska Coastal Zone Management Act

    On May 31, 2006, the Department of Natural Resources, Office of 
Project Management and Permitting agreed with EPA's consistency 
determination under the Alaska Coastal Zone Management Act.

Endangered Species Act

    EPA has determined that the issuance of the general permit is not 
likely to adversely affect any threatened or endangered species, 
designated critical habitat, or essential fish habitat. The National 
Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service 
(USFWS) concurred with EPA's determination.

Executive Order 12866

    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 Office of Management and Budget (OMB) review.

Paperwork Reduction Act

    The information collection requirements of this general permit were 
previously approved by the OMB under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers 
2040-0086 (NPDES permit application) and 2040-0004 (discharge 
monitoring reports).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. However, general 
NPDES permits are not ``rules'' subject to the requirements of 5 U.S.C. 
553(b), and is therefore not subject to the RFA.

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'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state, and local governments and the 
private sector. However, the general permit issued today is not a 
``rule'' subject to the RFA, and is therefore not subject to the UMRA.

Appeal of Permit

    Any interested person may appeal the general permit in the Federal 
Court of Appeals in accordance with section 509(b)(1) of the Clean 
Water Act, 33 U.S.C. 1369(b)(1). This appeal must be filed within 120 
days of the permit effective date. Persons affected by the permit may 
not challenge the conditions of the permit in further EPA proceedings 
(see 40 CFR 124.19). Instead, they may either challenge the permit in 
court or apply for an individual NPDES permit.

    Signed this 21st day of May, 2007.
Michael F. Gearheard,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. E7-10456 Filed 5-30-07; 8:45 am]
BILLING CODE 6560-50-P
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