Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Preliminary Finding of No Significant Impact (FNSI) and Environmental Assessment, 69088-69090 [E9-30852]
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69088
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9094–7]
Notice of Draft National Pollutant
Discharge Elimination System
(NPDES) General Permit for the
Eastern Portion of Outer Continental
Shelf (OCS) of the Gulf of Mexico
(GEG460000); Availability of
Preliminary Finding of No Significant
Impact (FNSI) and Environmental
Assessment
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Reissuance
of NPDES General Permit, Notice to
States of Mississippi, Alabama and
Florida for Consistency Review with
approved Coastal Management
Programs.
SUMMARY: The Regional Administrator
of EPA Region 4 (the ‘‘Region’’) is today
proposing to reissue the National
Pollutant Discharge Elimination System
(NPDES) general permit for the Outer
Continental Shelf (OCS) of the Gulf of
Mexico (General Permit No.
GMG460000) for discharges in the
Offshore Subcategory of the Oil and Gas
Extraction Point Source Category (40
Code of Federal Regulations (CFR) Part
435, subpart A). The existing permit,
issued by EPA Region 4 and published
at 69 FR 76740 on December 22, 2004,
authorizes discharges from exploration,
development, and production facilities
located in and discharging, to all
Federal waters of the eastern portion of
the Gulf of Mexico seaward of the outer
boundary of the territorial seas. Today’s
draft NPDES permit covers existing and
new source facilities with operations
located on Federal leases occurring in
water depths seaward of 200 meters,
occurring offshore the coasts of Alabama
and Florida. The western boundary of
the coverage area is demarcated by
Mobile and Visoca Knoll lease blocks
located seaward of the outer boundary
of the territorial seas from the coasts of
Mississippi and Alabama. Individual
permits will be issued for operating
facilities on lease blocks traversed by
and shoreward of the 200 meter water
depth.
DATES: Comments on this proposed
action must be received by January 29,
2010.
ADDRESSES: Comments should be sent
the Water Protection Division, U.S.
EPA- Region 4, Municipal and
Industrial NPDES Section, Sam Nunn
Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, GA 30303–8960,
Attention: Ms. Karrie-Jo Robinson-Shell.
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
FOR FURTHER INFORMATION CONTACT: Ms.
Karrie-Jo Robinson-Shell, Offshore Oil
and Gas Contact, at telephone (404)
562–9308 or at the following address:
Water Protection Division, Municipal
and Industrial NPDES Section, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW.,
Atlanta, GA 30303–8960.
As
proposed, this draft NPDES general
permit includes, best conventional
pollutant control technology (BCT), and
best available technology economically
achievable (BAT) limitations for existing
sources and new source performance
standards (NSPS) limitations for new
sources as promulgated in the effluent
guidelines for the offshore subcategory
at 58 FR 12454 and amended at 66 FR
6850 (March 4, 1993 and January 22,
2001, respectively). The draft permit
also includes the following changes to
the expiring permit: (1) Requirements
were included to permittees to comply
with cooling water intake structure
regulations per 40 CFR Part 125-subpart
N (Requirements Applicable to Cooling
Water Intake Structures for New
Offshore Oil and Gas Extraction
Facilities Under Section 316(b) of the
Clean Water Act); (2) Best Management
Practices (BMP) Plan requirements were
changed to incorporate measures to
address discharges of debris from
blasting and painting activities; (3)
Modified ISO Test Method 11734,
Protocol For The Determination of
Degradation of Non-Aqueous Base
Fluids in a Marine Closed Bottle
Biodegradation Test System, was
included in order to clarify testing
procedures; (4) rounding procedures
were included to clarify reporting
requirements for ratio values used to
report compliance with the sediment
toxicity and biodegradation tests; and
(5) the requirement to perform a Seabed
Survey was deleted since the industry
completed this study during the term of
the existing permit. Other minor
changes in wording were made to clarify
EPA’s intent regarding the permit’s
requirements.
Under 40 CFR Part 6, EPA Region 4
is also making available a Preliminary
Finding of No Significant Impact (FNSI)
and an Environmental Assessment (EA)
for review during the 30 day public
comment period for this general permit.
The EA addresses potential impacts
from proposed changes to the general
permit and it considers recent technical
studies.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
I. Procedures for Reaching a Final
Permit Decision
Pursuant to 40 CFR 124.13, any
person who believes any condition of
the permit is inappropriate must raise
all reasonably ascertainable issues and
submit all reasonably available
arguments in full, supporting their
position, by the close of the comment
period. All comments on the draft
NPDES general permit, the preliminary
FNSI and the EA received within the 30day comment period will be considered
in the formulation of final
determination regarding the National
Environmental Pollution Act (NEPA)
review and the permit reissuance. After
consideration of all written comments
and the requirements and policies in the
CWA and appropriate regulations, the
EPA Regional Administrator will make
a determination regarding the EA/FNSI
and permit reissuance. If the
determination results in a permit that is
substantially unchanged from the draft
permit announced by this notice, the
Regional Administrator will so notify all
persons submitting written comments. If
the determination results in a permit
that is substantially changed, the
Regional Administrator will issue a
public notice indicating the revised
determination.
A formal hearing is available to
challenge any NPDES permit issued
according to the regulations at 40 CFR
124.15, except for a general permit as
cited at 40 CFR 124.71. Persons affected
by a general permit may not challenge
the conditions of a general permit as a
right in further Agency proceedings.
They may instead either challenge the
general permit in court, or apply for an
individual permit as specified at 40 CFR
122.21 as authorized at 40 CFR 122.28,
and then request a formal hearing on the
issuance or denial of an individual
permit. Additional information
regarding these procedures is available
by contacting Mr. Paul Schwartz,
Associate Regional Counsel Office of
Environmental Accountability, at (404)
562–9576.
II. Procedures for Obtaining General
Permit Coverage
Notice of Intent requirements for
obtaining coverage for operating
facilities are stated in Part I Section A.4
of the general permit. Coverage under
the reissued general permit is effective
upon receipt of notification of coverage
with an assignment of an NPDES
general permit number from the EPARegion 4, Director of the Water
Protection Division. EPA will act on the
Notice of Intent (NOI) within a
reasonable period of time.
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
III. Exclusion of Non-Operational
Leases
Street, SW., Atlanta, GA 30303–8960,
Attention: Ms. Karrie-Jo Robinson-Shell.
This permit does not apply to nonoperational leases, i.e., those on which
no discharge has taken place in the two
(2) years prior to the effective date of the
reissued general permit. EPA will not
accept NOIs for such leases, and the
general permit will not cover such
leases. Non-operational leases will lose
coverage under the previous general
permit on the effective date of the
reissued general permit. No subsequent
exploration, development or production
activities may take place on these leases
until and unless the lessee has obtained
coverage under the new general permit
or an individual permit. EPA will not
accept an NOI or individual permit
application for non-operational or new
acquired leases until such time as an
Exploration Plan Document or the
Development Operations Coordination
Document has been prepared and
submitted to Minerals Management
Service.
VI. Public Comment Period and Public
Hearings
The public comment period for the
draft NPDES permit, preliminary FNSI
and EA will begin on the date of
publication of this notice and end 30
calendar days later.
IV. State Water Quality Certification
Because State waters are not included
in the area covered by the OCS general
permit, its effluent limitations and
monitoring requirements are not subject
to State water quality certification under
CWA Section 401. However, the States
of Alabama, Florida and Mississippi
have been provided a copy of this draft
general permit, Preliminary FNSI and
EA to review and submit comments.
Copies of these documents have also
been provided to EPA Headquarters for
their review.
mstockstill on DSKH9S0YB1PROD with NOTICES
V. State Consistency Determination
This Notice will also serve as Region
4’s requirement under the Coastal Zone
Management Act (CZMA) to provide all
necessary information for the States of
Mississippi, Alabama and Florida to
review this action for consistency with
their approved Coastal Management
Programs. A copy of the consistency
determination on the proposed activities
is being sent to each affected State,
along with a letter of this FR notice,
which provides the EPA Web site where
electronic copies can be obtained of the
draft NPDES general permit, permit fact
sheet, preliminary Ocean Discharge
Criteria Evaluation, a Preliminary FNSI,
and EA. Other relevant information for
their review is available upon request
from each State. Comments regarding
State Consistency are invited in writing
within 30 days of this notice to the
Water Protection Division, U.S. EPARegion 4, Municipal and Industrial
NPDES Permits Section, Sam Nunn
Atlanta Federal Center, 61 Forsyth
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
VII. Administrative Record
The draft NPDES general permit,
permit fact sheet, Preliminary FNSI, EA
and other relevant documents are on file
and may be inspected any time between
8:15 a.m. and 4:30 p.m., Monday
through Friday at the address shown
below. Copies of the draft NPDES
general permit, permit fact sheet,
Preliminary FNSI, EA and other relevant
documents may be obtained by writing
the U.S. EPA–Region 4, Water
Protection Division, Municipal and
Industrial NPDES Section, Sam Nunn
Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960, Attention: Ms. Karrie-Jo RobinsonShell, or by calling (404) 562–9308. A
hard copy of the Preliminary FNSI and
EA may be obtained by calling Traci
Buskey at (404) 562–8284. Alternatively,
copies of the draft NPDES general
permit, permit fact sheet, Preliminary
FNSI and EA may be downloaded at
https://www.epa.gov/region4/water/
permits.
VIII. Executive Order 12866
Under Executive Order 12866 (58 FR
51735 (October 4, 1993)) the Agency
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: (1) 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; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order. OMB has exempted review of
NPDES general permits under the terms
of Executive Order 12866.
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Frm 00029
Fmt 4703
Sfmt 4703
69089
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment rule
making requirements under the
Administrative Procedures Act (APA) or
any other statute, unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
Issuance of an NPDES general permit
is not subject to rule making
requirements, including the requirement
for a general notice of proposed rule
making, under APA Section 533 or any
other law, and is thus not subject to the
RFA requirements.
The APA defines two broad, mutually
exclusive categories of agency action—
‘‘rules’’ and ‘‘orders.’’ APA Section
551(4) defines rule as ‘‘an agency
statement of general or particular
applicability and future effect designed
to implement, interpret or prescribe law
or policy or describing the organization,
procedure, or practice or requirements
of an agency . . .’’ APA Section 551(6)
defines orders as ‘‘a final disposition
. . . of an agency in a matter other than
rule making but including licensing.’’
APA Section 551(8) defines ‘‘license’’ to
‘‘include . . . an agency permit . . .’’
The APA thus categorizes a permit as an
order, which by the APA’s definition is
not a rule. Section 553 of the APA
establishes ‘‘rule making’’ requirements.
APA Section 551(5) defines ‘‘rule
making’’ as ‘‘the agency process for
formulating, amending, or repealing a
rule.’’ By its terms, Section 553 applies
only to rules and not to orders,
exempting by definition permits.
X. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their ‘‘regulatory actions’’ to refer to
regulations. (See, e.g., UMRA Section
401, ‘‘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).’’) UMRA
Section 102 defines ‘‘regulation’’ by
reference to 2 U.S.C. 658 which in turn
defines ‘‘regulation’’ and ‘‘rule’’ by
reference to Section 601(2) of the RFA.
That section of the RFA defines ‘‘rule’’
as ‘‘any rule for which the agency
publishes a notice of proposed rule
making pursuant to Section 553(b) of
the APA, or any other law.’’
E:\FR\FM\30DEN1.SGM
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69090
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
As discussed in the RFA section of
this notice, NPDES general permits are
not ‘‘rules’’ by definition under the APA
and thus not subject to the APA
requirement to publish a notice of
proposed rule making. 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. Therefore,
NPDES general permits are not ‘‘rules’’
for RFA or UMRA purposes.
XI. Paperwork Reduction Act
The information collection required
by this permit has been approved by
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 [(NPDES Discharge Monitoring
Reports (DMRs)].
Since this permit is very similar in
reporting and application requirements
and in discharges which are required to
be monitored as the previous Eastern
Gulf of Mexico OCS general permit
(GMG460000) 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 DMRs. It is
estimated that the time required to
prepare the request for coverage and
DMRs for the reissued permit will be
approximately the same.
Dated: December 11, 2009.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. E9–30852 Filed 12–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0901; FRL–8804–6]
mstockstill on DSKH9S0YB1PROD with NOTICES
Notice of Receipt of Requests to
Voluntarily Cancel Certain Pesticide
Registrations
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: In accordance with section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of requests by
registrants to voluntarily cancel certain
pesticide registrations.
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
DATES: Unless a request is withdrawn by
June 28, 2010, orders will be issued
canceling these registrations. The
Agency will consider withdrawal
requests postmarked no later than June
28, 2010. Comments must be received
on or before June 28, 2010 for these
registrations.
Submit your comments and
your withdrawal request, identified by
docket identification (ID) number EPA–
HQ–OPP–2009–0901, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. Written Withdrawal
Request, Attention : Barbara Briscoe,
Pesticide Re-evaluation Division
(7508P).
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2009–
0901. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
ADDRESSES:
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Barbara Briscoe, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8177; e-mail address:
Briscoe.Barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action is directed to the public
in general. Although this action may be
of particular interest to persons who
produce or use pesticides, the Agency
has not attempted to describe all the
specific entities that may be affected by
this action. If you have any questions
regarding the information in this notice,
consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
E:\FR\FM\30DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69088-69090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30852]
[[Page 69088]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9094-7]
Notice of Draft National Pollutant Discharge Elimination System
(NPDES) General Permit for the Eastern Portion of Outer Continental
Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of
Preliminary Finding of No Significant Impact (FNSI) and Environmental
Assessment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Reissuance of NPDES General Permit, Notice
to States of Mississippi, Alabama and Florida for Consistency Review
with approved Coastal Management Programs.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 4 (the ``Region'') is
today proposing to reissue the National Pollutant Discharge Elimination
System (NPDES) general permit for the Outer Continental Shelf (OCS) of
the Gulf of Mexico (General Permit No. GMG460000) for discharges in the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category (40 Code of Federal Regulations (CFR) Part 435, subpart A).
The existing permit, issued by EPA Region 4 and published at 69 FR
76740 on December 22, 2004, authorizes discharges from exploration,
development, and production facilities located in and discharging, to
all Federal waters of the eastern portion of the Gulf of Mexico seaward
of the outer boundary of the territorial seas. Today's draft NPDES
permit covers existing and new source facilities with operations
located on Federal leases occurring in water depths seaward of 200
meters, occurring offshore the coasts of Alabama and Florida. The
western boundary of the coverage area is demarcated by Mobile and
Visoca Knoll lease blocks located seaward of the outer boundary of the
territorial seas from the coasts of Mississippi and Alabama. Individual
permits will be issued for operating facilities on lease blocks
traversed by and shoreward of the 200 meter water depth.
DATES: Comments on this proposed action must be received by January 29,
2010.
ADDRESSES: Comments should be sent the Water Protection Division, U.S.
EPA- Region 4, Municipal and Industrial NPDES Section, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303-8960,
Attention: Ms. Karrie-Jo Robinson-Shell.
FOR FURTHER INFORMATION CONTACT: Ms. Karrie-Jo Robinson-Shell, Offshore
Oil and Gas Contact, at telephone (404) 562-9308 or at the following
address: Water Protection Division, Municipal and Industrial NPDES
Section, U.S. EPA, Region 4, Sam Nunn Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA 30303-8960.
SUPPLEMENTARY INFORMATION: As proposed, this draft NPDES general permit
includes, best conventional pollutant control technology (BCT), and
best available technology economically achievable (BAT) limitations for
existing sources and new source performance standards (NSPS)
limitations for new sources as promulgated in the effluent guidelines
for the offshore subcategory at 58 FR 12454 and amended at 66 FR 6850
(March 4, 1993 and January 22, 2001, respectively). The draft permit
also includes the following changes to the expiring permit: (1)
Requirements were included to permittees to comply with cooling water
intake structure regulations per 40 CFR Part 125-subpart N
(Requirements Applicable to Cooling Water Intake Structures for New
Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the
Clean Water Act); (2) Best Management Practices (BMP) Plan requirements
were changed to incorporate measures to address discharges of debris
from blasting and painting activities; (3) Modified ISO Test Method
11734, Protocol For The Determination of Degradation of Non-Aqueous
Base Fluids in a Marine Closed Bottle Biodegradation Test System, was
included in order to clarify testing procedures; (4) rounding
procedures were included to clarify reporting requirements for ratio
values used to report compliance with the sediment toxicity and
biodegradation tests; and (5) the requirement to perform a Seabed
Survey was deleted since the industry completed this study during the
term of the existing permit. Other minor changes in wording were made
to clarify EPA's intent regarding the permit's requirements.
Under 40 CFR Part 6, EPA Region 4 is also making available a
Preliminary Finding of No Significant Impact (FNSI) and an
Environmental Assessment (EA) for review during the 30 day public
comment period for this general permit. The EA addresses potential
impacts from proposed changes to the general permit and it considers
recent technical studies.
I. Procedures for Reaching a Final Permit Decision
Pursuant to 40 CFR 124.13, any person who believes any condition of
the permit is inappropriate must raise all reasonably ascertainable
issues and submit all reasonably available arguments in full,
supporting their position, by the close of the comment period. All
comments on the draft NPDES general permit, the preliminary FNSI and
the EA received within the 30-day comment period will be considered in
the formulation of final determination regarding the National
Environmental Pollution Act (NEPA) review and the permit reissuance.
After consideration of all written comments and the requirements and
policies in the CWA and appropriate regulations, the EPA Regional
Administrator will make a determination regarding the EA/FNSI and
permit reissuance. If the determination results in a permit that is
substantially unchanged from the draft permit announced by this notice,
the Regional Administrator will so notify all persons submitting
written comments. If the determination results in a permit that is
substantially changed, the Regional Administrator will issue a public
notice indicating the revised determination.
A formal hearing is available to challenge any NPDES permit issued
according to the regulations at 40 CFR 124.15, except for a general
permit as cited at 40 CFR 124.71. Persons affected by a general permit
may not challenge the conditions of a general permit as a right in
further Agency proceedings. They may instead either challenge the
general permit in court, or apply for an individual permit as specified
at 40 CFR 122.21 as authorized at 40 CFR 122.28, and then request a
formal hearing on the issuance or denial of an individual permit.
Additional information regarding these procedures is available by
contacting Mr. Paul Schwartz, Associate Regional Counsel Office of
Environmental Accountability, at (404) 562-9576.
II. Procedures for Obtaining General Permit Coverage
Notice of Intent requirements for obtaining coverage for operating
facilities are stated in Part I Section A.4 of the general permit.
Coverage under the reissued general permit is effective upon receipt of
notification of coverage with an assignment of an NPDES general permit
number from the EPA-Region 4, Director of the Water Protection
Division. EPA will act on the Notice of Intent (NOI) within a
reasonable period of time.
[[Page 69089]]
III. Exclusion of Non-Operational Leases
This permit does not apply to non-operational leases, i.e., those
on which no discharge has taken place in the two (2) years prior to the
effective date of the reissued general permit. EPA will not accept NOIs
for such leases, and the general permit will not cover such leases.
Non-operational leases will lose coverage under the previous general
permit on the effective date of the reissued general permit. No
subsequent exploration, development or production activities may take
place on these leases until and unless the lessee has obtained coverage
under the new general permit or an individual permit. EPA will not
accept an NOI or individual permit application for non-operational or
new acquired leases until such time as an Exploration Plan Document or
the Development Operations Coordination Document has been prepared and
submitted to Minerals Management Service.
IV. State Water Quality Certification
Because State waters are not included in the area covered by the
OCS general permit, its effluent limitations and monitoring
requirements are not subject to State water quality certification under
CWA Section 401. However, the States of Alabama, Florida and
Mississippi have been provided a copy of this draft general permit,
Preliminary FNSI and EA to review and submit comments. Copies of these
documents have also been provided to EPA Headquarters for their review.
V. State Consistency Determination
This Notice will also serve as Region 4's requirement under the
Coastal Zone Management Act (CZMA) to provide all necessary information
for the States of Mississippi, Alabama and Florida to review this
action for consistency with their approved Coastal Management Programs.
A copy of the consistency determination on the proposed activities is
being sent to each affected State, along with a letter of this FR
notice, which provides the EPA Web site where electronic copies can be
obtained of the draft NPDES general permit, permit fact sheet,
preliminary Ocean Discharge Criteria Evaluation, a Preliminary FNSI,
and EA. Other relevant information for their review is available upon
request from each State. Comments regarding State Consistency are
invited in writing within 30 days of this notice to the Water
Protection Division, U.S. EPA-Region 4, Municipal and Industrial NPDES
Permits Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street,
SW., Atlanta, GA 30303-8960, Attention: Ms. Karrie-Jo Robinson-Shell.
VI. Public Comment Period and Public Hearings
The public comment period for the draft NPDES permit, preliminary
FNSI and EA will begin on the date of publication of this notice and
end 30 calendar days later.
VII. Administrative Record
The draft NPDES general permit, permit fact sheet, Preliminary
FNSI, EA and other relevant documents are on file and may be inspected
any time between 8:15 a.m. and 4:30 p.m., Monday through Friday at the
address shown below. Copies of the draft NPDES general permit, permit
fact sheet, Preliminary FNSI, EA and other relevant documents may be
obtained by writing the U.S. EPA-Region 4, Water Protection Division,
Municipal and Industrial NPDES Section, Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Attention:
Ms. Karrie-Jo Robinson-Shell, or by calling (404) 562-9308. A hard copy
of the Preliminary FNSI and EA may be obtained by calling Traci Buskey
at (404) 562-8284. Alternatively, copies of the draft NPDES general
permit, permit fact sheet, Preliminary FNSI and EA may be downloaded at
https://www.epa.gov/region4/water/permits.
VIII. Executive Order 12866
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) the
Agency 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: (1) 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; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. OMB has exempted review of NPDES general permits under the terms
of Executive Order 12866.
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rule making requirements under the Administrative
Procedures Act (APA) or any other statute, unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
Issuance of an NPDES general permit is not subject to rule making
requirements, including the requirement for a general notice of
proposed rule making, under APA Section 533 or any other law, and is
thus not subject to the RFA requirements.
The APA defines two broad, mutually exclusive categories of agency
action--``rules'' and ``orders.'' APA Section 551(4) defines rule as
``an agency statement of general or particular applicability and future
effect designed to implement, interpret or prescribe law or policy or
describing the organization, procedure, or practice or requirements of
an agency . . .'' APA Section 551(6) defines orders as ``a final
disposition . . . of an agency in a matter other than rule making but
including licensing.'' APA Section 551(8) defines ``license'' to
``include . . . an agency permit . . .'' The APA thus categorizes a
permit as an order, which by the APA's definition is not a rule.
Section 553 of the APA establishes ``rule making'' requirements. APA
Section 551(5) defines ``rule making'' as ``the agency process for
formulating, amending, or repealing a rule.'' By its terms, Section 553
applies only to rules and not to orders, exempting by definition
permits.
X. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their ``regulatory actions'' to refer to regulations. (See,
e.g., UMRA Section 401, ``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).'')
UMRA Section 102 defines ``regulation'' by reference to 2 U.S.C. 658
which in turn defines ``regulation'' and ``rule'' by reference to
Section 601(2) of the RFA. That section of the RFA defines ``rule'' as
``any rule for which the agency publishes a notice of proposed rule
making pursuant to Section 553(b) of the APA, or any other law.''
[[Page 69090]]
As discussed in the RFA section of this notice, NPDES general
permits are not ``rules'' by definition under the APA and thus not
subject to the APA requirement to publish a notice of proposed rule
making. 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.
Therefore, NPDES general permits are not ``rules'' for RFA or UMRA
purposes.
XI. Paperwork Reduction Act
The information collection required by this permit has been
approved by 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 [(NPDES Discharge Monitoring Reports (DMRs)].
Since this permit is very similar in reporting and application
requirements and in discharges which are required to be monitored as
the previous Eastern Gulf of Mexico OCS general permit (GMG460000) 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 DMRs. It is estimated that the time
required to prepare the request for coverage and DMRs for the reissued
permit will be approximately the same.
Dated: December 11, 2009.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. E9-30852 Filed 12-29-09; 8:45 am]
BILLING CODE 6560-50-P
