Proposed Reissuance of the NPDES General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea and on the Outer Continental Shelf in the Chukchi Sea, 4813-4815 [2012-2031]
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Contact: Michael Walsh, Registration
Division, (703) 308–2972,
walsh.michael@epa.gov.
18. File Symbol: 62719–AUI. Docket
Number: EPA–HQ–OPP–2011–0962.
Company name and address: Dow
AgroSciences, LLC 9330 Zionsville
Road, Indianapolis, IN 46268. Active
ingredient: Fluroxypyr. Proposed Use:
Rice. Contact: Bethany Benbow,
Registration Division, (703) 347–8072,
benbow.bethany@epa.gov.
19. Registration Number: 62719–285.
Docket Number: EPA–HQ–OPP–2011–
0962. Company name and address: Dow
AgroSciences, LLC 9330 Zionsville
Road, Indianapolis, IN 46268. Active
ingredient: Fluroxypyr. Proposed Uses:
For formulation into end-use herbicide
products used on crop group 15 (cereal
grains including barley, buckwheat,
corn (field, pop, sweet), millet, oats,
rice, rye, sorghum, teosinte, triticale,
wheat and wild rice, crop group 16
(forage, fodder and straw of cereal
grains). Contact: Bethany Benbow,
Registration Division, (703) 347–8072,
benbow.bethany@epa.gov.
20. Registration Number: 62719–577.
Docket Number: EPA–HQ–OPP–2011–
0962. Company name and address: Dow
AgroSciences, LLC 9330 Zionsville
Road, Indianapolis, IN 46268. Active
ingredient: Fluroxypyr. Proposed Uses:
Buckwheat, popcorn, rice, rye, teosinte,
and wild rice. Contact: Bethany
Benbow, Registration Division, (703)
347–8072, benbow.bethany@epa.gov.
21. File Symbol: 83399–RR. Docket
Number: EPA–HQ–OPP–2011–0903.
Company name and address: CEVA
Animal Health, LLC, 301 Route 17
North, Rutherford, NJ 07070 USA.
Active ingredient: Dinotefuran and
pyriproxifen. Proposed Use: Pour-on use
on horses. Contact: Rita Kumar,
Registration Division, (703) 308–8291,
kumar.rita@epa.gov.
22. Registration Numbers: 86203–8,
86203–12, 86203–23, and 59639–135.
Docket Number: EPA–HQ–OPP–2011–
0433. Company name and address:
Mitsui Chemicals Agro, Inc., c/o Landis
International, Inc., P.O. Box 5126,
Valdosta, GA 31603–5126; and Valent
U.S.A. Corporation, 1600 Riviera
Avenue, Suite 200, Walnut Creek, CA
94596–8025. Active ingredient:
Dinotefuran. Proposed Uses: Berry and
small fruit, bulb and green onion,
tuberous and corm vegetables,
watercress, peach and nectarine.
Contact: Rita Kumar, Registration
Division, (703) 308–8291,
kumar.rita@epa.gov.
List of Subjects
Environmental protection, Pesticides
and pest.
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Dated: January 12, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2012–2039 Filed 1–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9624–7]
Proposed Reissuance of the NPDES
General Permits for Oil and Gas
Exploration Facilities on the Outer
Continental Shelf and Contiguous
State Waters in the Beaufort Sea and
on the Outer Continental Shelf in the
Chukchi Sea
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed reissuance of
general permits.
AGENCY:
EPA Region 10 proposes to
reissue the National Pollutant Discharge
Elimination System (NPDES) General
Permits for Oil and Gas Exploration
Facilities on the Outer Continental Shelf
and Contiguous State Waters in the
Beaufort Sea (Permit No. AKG–28–2100)
and on the Outer Continental Shelf in
the Chukchi Sea (Permit No. AKG–28–
8100). As proposed, the Beaufort and
Chukchi general permits would
authorize thirteen types of discharges
from facilities engaged in field
exploration and drilling activities under
the Offshore Subcategory of the Oil and
Gas Extraction Point Source Category
(40 CFR Part 425, Subpart A), as
authorized by Section 402 of the Clean
Water Act (CWA or ‘‘the Act’’),
33 U.S.C. 1342. State Certification of
Beaufort General Permit: Section 401 of
the Act, 33 U.S.C. 1341, requires EPA to
seek a certification from the State of
Alaska that the conditions of the
Beaufort general permit are stringent
enough to comply with State water
quality standards. EPA obtained a draft
certification from the Alaska
Department of Environmental
Conservation (DEC) on January 10, 2012.
EPA intends to seek a final certification
from DEC prior to issuing the final
Beaufort general permit. When the State
issues a final certification, it may
impose more stringent conditions than
what is proposed in the Beaufort general
permit to ensure compliance with State
water quality standards. EPA would
then be required to include the more
stringent conditions from the State
certification in the permit pursuant to
Section 401(d) of the Act, 33 U.S.C.
1341(d). This is also notice of the draft
SUMMARY:
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4813
CWA Section 401 certification provided
by the State of Alaska.
DATES: Comments. The public comment
period for the draft Beaufort and
Chukchi general permits will be from
the date of publication of this Notice
until March 30, 2012. Comments must
be received or post-marked by no later
than midnight Pacific Standard Time on
March 30, 2012.
Public Hearings. EPA will hold public
hearings on March 13, 2012, in Barrow,
Alaska, at the Inupiat Heritage Center,
and March 15, 2012, in Anchorage,
Alaska, at the Z. J. Loussac Library. Both
hearings will begin at 6 p.m. and will
continue until all testimony is heard or
10 p.m., whichever is earlier.
Additionally, EPA will hold two
hearings via teleconferences on March
16, 2012, at the following times:
10 a.m.–1 p.m., and 2 p.m.–5 p.m.
Alaska Standard Time. See
SUPPLEMENTARY INFORMATION for
additional information.
ADDRESSES: You may submit comments
by any of the following methods. EPA
will consider all comments received
during the public comment period prior
to making its final decision.
Mail: Send paper copies to Hanh
Shaw, Office of Water and Watersheds,
Mail Stop OWW–130, 1200 6th Avenue,
Suite 900, Seattle, WA 98101–3140.
Email: Send electronic copies to
r10arcticpermits@epa.gov.
Fax: Fax copies to the attention of
Hanh Shaw at (206) 553–0165.
Hand Delivery/Courier: Deliver copies
to Hanh Shaw, Office of Water and
Watersheds, Mail Stop OWW–130, 1200
6th Avenue, Suite 900, Seattle, WA
98101–3140. Call (206) 553–1200 before
delivery to verify business hours.
Viewing and/or Obtaining Copies of
Documents. A copy of the draft Beaufort
and Chukchi general permits, the fact
sheet that fully explains the proposal,
and a copy of the State’s draft
certification for the Beaufort general
permit, may be obtained by contacting
EPA at 1 (800) 424–4372. Copies of the
documents are also available for
viewing and downloading at: https://
yosemite.epa.gov/r10/water.nsf/
npdes+permits/arctic-gp See
SUPPLEMENTARY INFORMATION for other
document viewing locations.
FOR FURTHER INFORMATION CONTACT:
Hanh Shaw, Office of Water and
Watersheds, U.S. Environmental
Protection Agency, Region 10, Mail Stop
OWW–130, 1200 6th Avenue, Suite 900,
Seattle, WA 98101–3140, (206) 553–
0171, shaw.hanh@epa.gov.
SUPPLEMENTARY INFORMATION: The
currently expired Arctic NPDES General
Permit, No. AKG–28–0000 (Arctic GP),
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was issued by EPA on June 26, 2006.
The Arctic GP expired on June 26, 2011
(71 FR 30405). EPA proposes to replace
the Arctic GP with two general permits,
the Beaufort and Chukchi general
permits, renumbered as AKG–28–2100
and AKG–28–8100, respectively. The
Arctic GP will remain in effect for those
operators that obtained authorization to
discharge before the permit expired.
Those operators must apply for and
obtain coverage under the applicable
Beaufort or Chukchi general permit
when it is reissued. EPA proposes to
make the following major changes to the
reissued permits:
(1) Remove the Hope and Norton
Basins from the areas of coverage since
they are not on the Bureau of Energy
Management’s (BOEM) current 2012–
2017 leasing plan.
(2) Eliminate the authorization to
discharge non-aqueous drilling fluids
and associated drill cuttings (i.e., only
discharges of water-based drilling fluids
and cuttings are authorized);
(3) Eliminate the authorization to
discharge test fluids;
(4) Expand the Notice of Intent (NOI)
requirements;
(5) Expand the scope of the
environmental monitoring program
(EMP) and require it to be implemented
at every drilling site for four phases of
exploration activity;
(6) Impose additional EMP
requirements if water-based drilling
fluids and drill cuttings are authorized
to be discharged by EPA;
(7) Increase the chemical additive
inventory and reporting requirement for
all discharges, including limitations on
chemical additive concentrations;
(8) Prohibit all discharges to waters
that are 5-meters deep or less;
(9) Limit drilling to 5 wells per lease
block, except upon the EPA’s review
and authorization for discharges from
the additional wells;
(10) Prohibit the discharge of waterbased drilling fluids and drill cuttings
during active bowhead whale hunts in
the Beaufort Sea, unless EPA authorizes
the discharge after review of the
operator’s evaluation of the feasibility of
drilling facility storage capacity and
land-based disposal alternatives;
(11) Require an alternatives analysis
before authorization is granted for
discharge of water-based drilling fluids
and drill cuttings, sanitary, and
domestic wastes to stable ice in the
Beaufort Sea area of coverage;
(12) Require screening of certain
waste streams for toxicity and conduct
whole effluent toxicity (WET) testing if
those waste streams exceed a volume
discharge threshold and if chemicals are
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added to the system, or if an initial
toxicity screen shows potential toxicity;
(13) Include cooling water intake
structure requirements; and
(14) Include electronic Discharge
Monitoring Report (DMR) requirements.
The Beaufort and Chukchi general
permits contain conditions and
limitations that conform to the Offshore
Subcategory of the Oil and Gas
Extraction Point Source Effluent
Limitations Guidelines, as well as
additional requirements that ensure the
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 Evaluation Criteria), 33 U.S.C.
1343(c).
Public Hearing Locations and
Information. The locations,
teleconference information, and general
agenda for the hearings are:
(1) March 13, 2012, Inupiat Heritage
Center, 5421 North Star Street, Barrow,
AK 99723; Teleconference number 1–
(866) 299–3188, code 2065536524;
4 p.m.–5 p.m. Open House; 6 p.m.–
7 p.m. Presentation; 7 p.m.–10 p.m.
Testimony.
(2) March 15, 2012, Z.J. Loussac
Library, 3600 Denali Street, Anchorage,
AK 99503; 4 p.m.–5 p.m. Open House;
6 p.m.–7 p.m. Presentation; 7 p.m.–
10 p.m. Testimony.
(3) March 16, 2012; Teleconference
number 1–(866) 299–3188, code
2065536524; 10 a.m.–1 p.m. and 2 p.m.–
5 p.m.
Public Hearing Procedures. Public
hearings will be conducted in
accordance with 40 CFR 124.12 and will
provide interested persons with the
opportunity to give written and/or oral
comments for the official record. The
following procedures will be used at the
public hearings:
(1) The presiding officer shall conduct
the hearing in a manner which will
allow all interested persons wishing to
make oral statements an opportunity to
do so (however, the presiding officer
may inform attendees of any time limits
during the opening statement of the
hearing);
(2) Any person may submit written
statements or documents for the hearing
record;
(3) The presiding officer may, in his
or her discretion, exclude oral testimony
if such testimony is overly repetitious of
previous testimony or is not relevant to
the Beaufort and Chukchi general
permits;
(4) The transcripts of the hearings,
together with copies of all submitted
statements and documents, shall
become a part of the record submitted
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to the Director of the Office of Water
and Watersheds;
(5) The hearing record shall be left
open until the deadline for receipt of
comments, specified at the beginning of
this Notice, to allow any person enough
time to submit additional written
statements or to present views or
evidence tending to rebut or support
testimony presented at the public
hearing;
(6) Hearing statements may be
provided orally or in written format.
Commenters providing oral testimony
are encouraged to provide written
statements to ensure accuracy of the
record and for use of EPA and other
interested persons. Persons wishing to
make oral testimony supporting their
written comments are encouraged to
give a summary of their points rather
than reading lengthy written comments
verbatim into the record.
All comments related to the Beaufort
and Chukchi general permits received
by EPA Region 10 by the deadline for
receipt of comments, or presented at the
public hearing, will be considered by
EPA before taking final action on the
general permits.
Document Viewing Locations. The
documents may also be viewed at the
following locations:
(1) EPA Region 10 Library, Park Place
Building, 1200 6th Avenue, Suite 900,
Seattle, WA 98101; (206) 553–1289.
(2) EPA Region 10, Alaska Operations
Office, 222 W 7th Avenue, #19, Room
537, Anchorage, AK 99513; (907) 271–
5083.
(3) DEC Anchorage office, 555
Cordova Street, Anchorage, AK 99501;
(907) 269–7235.
(4) Z.J. Loussac Public Library, 3600
Denali Street, Anchorage, AK 99503;
(907) 343–2975.
(5) North Slope Borough School
District Library/Media Center, Pouch
169, 829 Aivak Street, Barrow, AK
99723; (907) 852–5311.
EPA’s current administrative records
for the proposal are available for review
at the EPA Region 10 Office, Park Place
Building, 1200 6th Avenue, Suite 900,
Seattle, WA 98101, between 9 a.m. and
4 p.m., Monday through Friday. Contact
Hanh Shaw at shaw.hanh@epa.gov or
(206) 553–0171.
Oil Spill Requirements. Section 311 of
the Act, 33 U.S.C. 1321, prohibits the
discharge of oil and hazardous materials
in harmful quantities. Discharges
authorized under the Beaufort and
Chukchi general permits are excluded
from the provisions of CWA Section
311, 33 U.S.C. 1321. However, the
Beaufort and Chukchi general permits
will not preclude the institution of legal
action, or relieve the permittees from
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any responsibilities, liabilities, or
penalties for other unauthorized
discharges of oil and hazardous
materials, which are covered by Section
311.
Endangered Species Act. Section 7 of
the Endangered Species Act (ESA), 16
U.S.C. 1531–1544, requires federal
agencies to consult with the National
Marine Fisheries Service (NMFS) and
the U.S. Fish and Wildlife Service
(USFWS) if their actions have the
potential to either beneficially or
adversely affect any threatened or
endangered species. EPA has
determined that the Beaufort and
Chukchi general permits are not likely
to adversely affect any threatened or
endangered species. EPA has initiated
consultation with NMFS and USFWS to
meet its obligations under the ESA.
Biological Evaluations (BE) and the fact
sheet for the Beaufort and Chukchi
general permits were submitted to
NMFS and USFWS for review and
concurrence during the public comment
period. EPA will obtain a determination
from NMFS and USFWS before
reissuing the final permits.
Essential Fish Habitat. The
Magnuson-Stevens Fishery
Conservation and Management Act
requires EPA to consult with NMFS
when a proposed discharge has the
potential to adversely affect an Essential
Fish Habitat (EFH). EPA is consulting
with NMFS to ensure that the
discharges authorized by the Beaufort
and Chukchi general permits are not
likely to adversely affect an EFH or
associated species.
Coastal Zone Management Act. As of
July 1, 2011, there is no longer a Coastal
Zone Management Act (CZMA) program
in Alaska. Consequently, federal
agencies are no longer required to
provide the State of Alaska with CZMA
consistency determinations.
Annex V of MARPOL (73/78 and 33
CFR 155.73). Under Annex V of
MARPOL, the U.S. Coast Guard (USCG)
has issued final regulations under 33
CFR 151.73 to control the disposal of
garbage and domestic wastes from fixed
or floating drilling facilities involved in
the exploration of oil and gas resources.
These regulations also apply to drilling
facilities located in navigable waters of
the U.S. or within the 200 mile
Exclusive Economic Zone. The Beaufort
and Chukchi general permits prohibit
the discharge of garbage.
Executive Order 12866. The Office of
Management and Budget (OMB)
exempts this action from the review
requirements of Executive Order 12866
pursuant to Section 6 of that order.
Paperwork Reduction Act. EPA has
reviewed the requirements imposed on
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regulated facilities in the Beaufort and
Chukchi general permits and find them
consistent with the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501
et seq.
Regulatory Flexibility Act. Under the
Regulatory Flexibility Act (RFA), 5
U.S.C. 601 et seq., a federal agency must
prepare an initial regulatory flexibility
analysis ‘‘for any proposed rule’’ for
which the agency ‘‘is required by
section 553 of the Administrative
Procedure Act (APA), or any other law,
to publish general notice of proposed
rulemaking.’’ The RFA exempts from
this requirement any rule that the
issuing agency certifies ‘‘will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ EPA has
concluded that NPDES general permits
are permits, not rulemakings, under the
APA and thus not subject to APA
rulemaking requirements or the FRA.
Notwithstanding that general permits
are not subject to the RFA, EPA has
determined that the Beaufort and
Chukchi general permits will not have
significant impact on a substantial
number of small entities. This
determination is based on the fact that
the regulated companies are not
classified as small businesses under the
Small Business Administration
regulations established at 49 FR 5023 et
seq. (February 9, 1984). These facilities
are classified as Major Group 13—Oil as
Gas Extraction SIC 1311 Crude
Petroleum and Natural Gas.
Authority: This action is taken under the
authority of Section 402 of the Clean Water
Act as amended, 42 U.S.C. 1342. I hereby
provide public notice of the draft Beaufort
and Chukchi general permit in accordance
with 40 CFR 124.10.
Dated: January 23, 2012.
Michael A. Bussell,
Director, Office of Water and Watersheds,
Region 10.
[FR Doc. 2012–2031 Filed 1–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2011–0038; FRL–9335–2]
Ace Info Solutions, Inc., and
Information International Associates;
Transfer of Data
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces that
pesticide related information submitted
to EPA’s Office of Pesticide Programs
(OPP) pursuant to the Federal
SUMMARY:
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4815
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Federal Food, Drug,
and Cosmetic Act (FFDCA), including
information that may have been claimed
as Confidential Business Information
(CBI) by the submitter, will be
transferred to Ace Info Solutions, Inc.,
and its subcontractor, Information
International Associates, in accordance
with 40 CFR 2.307(h)(3) and 2.308(i)(2).
Ace Info Solutions, Inc., and its
subcontractor, Information International
Associates, have been awarded a
contract to perform work for OPP, and
access to this information will enable
Ace Info Solutions, Inc., and its
subcontractor, Information International
Associates, to fulfill the obligations of
the contract.
Ace Info Solutions, Inc., and its
subcontractor, Information International
Associates, will be given access to this
information on or before February 6,
2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mario Steadman, Information
Technology and Resources Management
Division (7502P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 305–8338; email address:
steadman.mario@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action applies to the public in
general. As such, 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 applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How can I get copies of this document
and other related information?
EPA has established a docket for this
action under docket identification (ID)
number EPA–HQ–OPP–2011–0038.
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 Office of
Pesticide Programs (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.
E:\FR\FM\31JAN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4813-4815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2031]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9624-7]
Proposed Reissuance of the NPDES General Permits for Oil and Gas
Exploration Facilities on the Outer Continental Shelf and Contiguous
State Waters in the Beaufort Sea and on the Outer Continental Shelf in
the Chukchi Sea
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed reissuance of general permits.
-----------------------------------------------------------------------
SUMMARY: EPA Region 10 proposes to reissue the National Pollutant
Discharge Elimination System (NPDES) General Permits for Oil and Gas
Exploration Facilities on the Outer Continental Shelf and Contiguous
State Waters in the Beaufort Sea (Permit No. AKG-28-2100) and on the
Outer Continental Shelf in the Chukchi Sea (Permit No. AKG-28-8100). As
proposed, the Beaufort and Chukchi general permits would authorize
thirteen types of discharges from facilities engaged in field
exploration and drilling activities under the Offshore Subcategory of
the Oil and Gas Extraction Point Source Category (40 CFR Part 425,
Subpart A), as authorized by Section 402 of the Clean Water Act (CWA or
``the Act''), 33 U.S.C. 1342. State Certification of Beaufort General
Permit: Section 401 of the Act, 33 U.S.C. 1341, requires EPA to seek a
certification from the State of Alaska that the conditions of the
Beaufort general permit are stringent enough to comply with State water
quality standards. EPA obtained a draft certification from the Alaska
Department of Environmental Conservation (DEC) on January 10, 2012. EPA
intends to seek a final certification from DEC prior to issuing the
final Beaufort general permit. When the State issues a final
certification, it may impose more stringent conditions than what is
proposed in the Beaufort general permit to ensure compliance with State
water quality standards. EPA would then be required to include the more
stringent conditions from the State certification in the permit
pursuant to Section 401(d) of the Act, 33 U.S.C. 1341(d). This is also
notice of the draft CWA Section 401 certification provided by the State
of Alaska.
DATES: Comments. The public comment period for the draft Beaufort and
Chukchi general permits will be from the date of publication of this
Notice until March 30, 2012. Comments must be received or post-marked
by no later than midnight Pacific Standard Time on March 30, 2012.
Public Hearings. EPA will hold public hearings on March 13, 2012,
in Barrow, Alaska, at the Inupiat Heritage Center, and March 15, 2012,
in Anchorage, Alaska, at the Z. J. Loussac Library. Both hearings will
begin at 6 p.m. and will continue until all testimony is heard or 10
p.m., whichever is earlier. Additionally, EPA will hold two hearings
via teleconferences on March 16, 2012, at the following times: 10 a.m.-
1 p.m., and 2 p.m.-5 p.m. Alaska Standard Time. See SUPPLEMENTARY
INFORMATION for additional information.
ADDRESSES: You may submit comments by any of the following methods. EPA
will consider all comments received during the public comment period
prior to making its final decision.
Mail: Send paper copies to Hanh Shaw, Office of Water and
Watersheds, Mail Stop OWW-130, 1200 6th Avenue, Suite 900, Seattle, WA
98101-3140.
Email: Send electronic copies to r10arcticpermits@epa.gov.
Fax: Fax copies to the attention of Hanh Shaw at (206) 553-0165.
Hand Delivery/Courier: Deliver copies to Hanh Shaw, Office of Water
and Watersheds, Mail Stop OWW-130, 1200 6th Avenue, Suite 900, Seattle,
WA 98101-3140. Call (206) 553-1200 before delivery to verify business
hours.
Viewing and/or Obtaining Copies of Documents. A copy of the draft
Beaufort and Chukchi general permits, the fact sheet that fully
explains the proposal, and a copy of the State's draft certification
for the Beaufort general permit, may be obtained by contacting EPA at 1
(800) 424-4372. Copies of the documents are also available for viewing
and downloading at: https://yosemite.epa.gov/r10/water.nsf/
npdes+permits/arctic-gp See SUPPLEMENTARY INFORMATION for other
document viewing locations.
FOR FURTHER INFORMATION CONTACT: Hanh Shaw, Office of Water and
Watersheds, U.S. Environmental Protection Agency, Region 10, Mail Stop
OWW-130, 1200 6th Avenue, Suite 900, Seattle, WA 98101-3140, (206) 553-
0171, shaw.hanh@epa.gov.
SUPPLEMENTARY INFORMATION: The currently expired Arctic NPDES General
Permit, No. AKG-28-0000 (Arctic GP),
[[Page 4814]]
was issued by EPA on June 26, 2006. The Arctic GP expired on June 26,
2011 (71 FR 30405). EPA proposes to replace the Arctic GP with two
general permits, the Beaufort and Chukchi general permits, renumbered
as AKG-28-2100 and AKG-28-8100, respectively. The Arctic GP will remain
in effect for those operators that obtained authorization to discharge
before the permit expired. Those operators must apply for and obtain
coverage under the applicable Beaufort or Chukchi general permit when
it is reissued. EPA proposes to make the following major changes to the
reissued permits:
(1) Remove the Hope and Norton Basins from the areas of coverage
since they are not on the Bureau of Energy Management's (BOEM) current
2012-2017 leasing plan.
(2) Eliminate the authorization to discharge non-aqueous drilling
fluids and associated drill cuttings (i.e., only discharges of water-
based drilling fluids and cuttings are authorized);
(3) Eliminate the authorization to discharge test fluids;
(4) Expand the Notice of Intent (NOI) requirements;
(5) Expand the scope of the environmental monitoring program (EMP)
and require it to be implemented at every drilling site for four phases
of exploration activity;
(6) Impose additional EMP requirements if water-based drilling
fluids and drill cuttings are authorized to be discharged by EPA;
(7) Increase the chemical additive inventory and reporting
requirement for all discharges, including limitations on chemical
additive concentrations;
(8) Prohibit all discharges to waters that are 5-meters deep or
less;
(9) Limit drilling to 5 wells per lease block, except upon the
EPA's review and authorization for discharges from the additional
wells;
(10) Prohibit the discharge of water-based drilling fluids and
drill cuttings during active bowhead whale hunts in the Beaufort Sea,
unless EPA authorizes the discharge after review of the operator's
evaluation of the feasibility of drilling facility storage capacity and
land-based disposal alternatives;
(11) Require an alternatives analysis before authorization is
granted for discharge of water-based drilling fluids and drill
cuttings, sanitary, and domestic wastes to stable ice in the Beaufort
Sea area of coverage;
(12) Require screening of certain waste streams for toxicity and
conduct whole effluent toxicity (WET) testing if those waste streams
exceed a volume discharge threshold and if chemicals are added to the
system, or if an initial toxicity screen shows potential toxicity;
(13) Include cooling water intake structure requirements; and
(14) Include electronic Discharge Monitoring Report (DMR)
requirements.
The Beaufort and Chukchi general permits contain conditions and
limitations that conform to the Offshore Subcategory of the Oil and Gas
Extraction Point Source Effluent Limitations Guidelines, as well as
additional requirements that ensure the 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
Evaluation Criteria), 33 U.S.C. 1343(c).
Public Hearing Locations and Information. The locations,
teleconference information, and general agenda for the hearings are:
(1) March 13, 2012, Inupiat Heritage Center, 5421 North Star
Street, Barrow, AK 99723; Teleconference number 1-(866) 299-3188, code
2065536524; 4 p.m.-5 p.m. Open House; 6 p.m.- 7 p.m. Presentation; 7
p.m.-10 p.m. Testimony.
(2) March 15, 2012, Z.J. Loussac Library, 3600 Denali Street,
Anchorage, AK 99503; 4 p.m.-5 p.m. Open House; 6 p.m.-7 p.m.
Presentation; 7 p.m.- 10 p.m. Testimony.
(3) March 16, 2012; Teleconference number 1-(866) 299-3188, code
2065536524; 10 a.m.-1 p.m. and 2 p.m.-5 p.m.
Public Hearing Procedures. Public hearings will be conducted in
accordance with 40 CFR 124.12 and will provide interested persons with
the opportunity to give written and/or oral comments for the official
record. The following procedures will be used at the public hearings:
(1) The presiding officer shall conduct the hearing in a manner
which will allow all interested persons wishing to make oral statements
an opportunity to do so (however, the presiding officer may inform
attendees of any time limits during the opening statement of the
hearing);
(2) Any person may submit written statements or documents for the
hearing record;
(3) The presiding officer may, in his or her discretion, exclude
oral testimony if such testimony is overly repetitious of previous
testimony or is not relevant to the Beaufort and Chukchi general
permits;
(4) The transcripts of the hearings, together with copies of all
submitted statements and documents, shall become a part of the record
submitted to the Director of the Office of Water and Watersheds;
(5) The hearing record shall be left open until the deadline for
receipt of comments, specified at the beginning of this Notice, to
allow any person enough time to submit additional written statements or
to present views or evidence tending to rebut or support testimony
presented at the public hearing;
(6) Hearing statements may be provided orally or in written format.
Commenters providing oral testimony are encouraged to provide written
statements to ensure accuracy of the record and for use of EPA and
other interested persons. Persons wishing to make oral testimony
supporting their written comments are encouraged to give a summary of
their points rather than reading lengthy written comments verbatim into
the record.
All comments related to the Beaufort and Chukchi general permits
received by EPA Region 10 by the deadline for receipt of comments, or
presented at the public hearing, will be considered by EPA before
taking final action on the general permits.
Document Viewing Locations. The documents may also be viewed at the
following locations:
(1) EPA Region 10 Library, Park Place Building, 1200 6th Avenue,
Suite 900, Seattle, WA 98101; (206) 553-1289.
(2) EPA Region 10, Alaska Operations Office, 222 W 7th Avenue,
19, Room 537, Anchorage, AK 99513; (907) 271-5083.
(3) DEC Anchorage office, 555 Cordova Street, Anchorage, AK 99501;
(907) 269-7235.
(4) Z.J. Loussac Public Library, 3600 Denali Street, Anchorage, AK
99503; (907) 343-2975.
(5) North Slope Borough School District Library/Media Center, Pouch
169, 829 Aivak Street, Barrow, AK 99723; (907) 852-5311.
EPA's current administrative records for the proposal are available
for review at the EPA Region 10 Office, Park Place Building, 1200 6th
Avenue, Suite 900, Seattle, WA 98101, between 9 a.m. and 4 p.m., Monday
through Friday. Contact Hanh Shaw at shaw.hanh@epa.gov or (206) 553-
0171.
Oil Spill Requirements. Section 311 of the Act, 33 U.S.C. 1321,
prohibits the discharge of oil and hazardous materials in harmful
quantities. Discharges authorized under the Beaufort and Chukchi
general permits are excluded from the provisions of CWA Section 311, 33
U.S.C. 1321. However, the Beaufort and Chukchi general permits will not
preclude the institution of legal action, or relieve the permittees
from
[[Page 4815]]
any responsibilities, liabilities, or penalties for other unauthorized
discharges of oil and hazardous materials, which are covered by Section
311.
Endangered Species Act. Section 7 of the Endangered Species Act
(ESA), 16 U.S.C. 1531-1544, requires federal agencies to consult with
the National Marine Fisheries Service (NMFS) and the U.S. Fish and
Wildlife Service (USFWS) if their actions have the potential to either
beneficially or adversely affect any threatened or endangered species.
EPA has determined that the Beaufort and Chukchi general permits are
not likely to adversely affect any threatened or endangered species.
EPA has initiated consultation with NMFS and USFWS to meet its
obligations under the ESA. Biological Evaluations (BE) and the fact
sheet for the Beaufort and Chukchi general permits were submitted to
NMFS and USFWS for review and concurrence during the public comment
period. EPA will obtain a determination from NMFS and USFWS before
reissuing the final permits.
Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation
and Management Act requires EPA to consult with NMFS when a proposed
discharge has the potential to adversely affect an Essential Fish
Habitat (EFH). EPA is consulting with NMFS to ensure that the
discharges authorized by the Beaufort and Chukchi general permits are
not likely to adversely affect an EFH or associated species.
Coastal Zone Management Act. As of July 1, 2011, there is no longer
a Coastal Zone Management Act (CZMA) program in Alaska. Consequently,
federal agencies are no longer required to provide the State of Alaska
with CZMA consistency determinations.
Annex V of MARPOL (73/78 and 33 CFR 155.73). Under Annex V of
MARPOL, the U.S. Coast Guard (USCG) has issued final regulations under
33 CFR 151.73 to control the disposal of garbage and domestic wastes
from fixed or floating drilling facilities involved in the exploration
of oil and gas resources. These regulations also apply to drilling
facilities located in navigable waters of the U.S. or within the 200
mile Exclusive Economic Zone. The Beaufort and Chukchi general permits
prohibit the discharge of garbage.
Executive Order 12866. The Office of Management and Budget (OMB)
exempts this action from the review requirements of Executive Order
12866 pursuant to Section 6 of that order.
Paperwork Reduction Act. EPA has reviewed the requirements imposed
on regulated facilities in the Beaufort and Chukchi general permits and
find them consistent with the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
Regulatory Flexibility Act. Under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq., a federal agency must prepare an initial
regulatory flexibility analysis ``for any proposed rule'' for which the
agency ``is required by section 553 of the Administrative Procedure Act
(APA), or any other law, to publish general notice of proposed
rulemaking.'' The RFA exempts from this requirement any rule that the
issuing agency certifies ``will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' EPA has
concluded that NPDES general permits are permits, not rulemakings,
under the APA and thus not subject to APA rulemaking requirements or
the FRA. Notwithstanding that general permits are not subject to the
RFA, EPA has determined that the Beaufort and Chukchi general permits
will not have significant impact on a substantial number of small
entities. This determination is based on the fact that the regulated
companies are not classified as small businesses under the Small
Business Administration regulations established at 49 FR 5023 et seq.
(February 9, 1984). These facilities are classified as Major Group 13--
Oil as Gas Extraction SIC 1311 Crude Petroleum and Natural Gas.
Authority: This action is taken under the authority of Section
402 of the Clean Water Act as amended, 42 U.S.C. 1342. I hereby
provide public notice of the draft Beaufort and Chukchi general
permit in accordance with 40 CFR 124.10.
Dated: January 23, 2012.
Michael A. Bussell,
Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2012-2031 Filed 1-30-12; 8:45 am]
BILLING CODE 6560-50-P
