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, AK, 65547-65548 [2012-26518]

Download as PDF Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Notices The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https:// www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. This filing is accessible on-line at https:// www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: November 8, 2012. Dated: October 18, 2012. Kimberly D. Bose, Secretary. FOR FURTHER INFORMATION CONTACT: Alicia Kaiser, Designated Federal Officer, kaiser.alicia@epa.gov, 202–564– 7273, U.S. EPA, Office of the Administrator (1101A), 1200 Pennsylvania Avenue NW., Washington, DC 20460. Dated: October 17, 2012. Alicia Kaiser, Designated Federal Officer. [FR Doc. 2012–26527 Filed 10–26–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9747–5] 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, AK Environmental Protection Agency (EPA). ACTION: Notice of availability of final NPDES general permits. AGENCY: [FR Doc. 2012–26438 Filed 10–26–12; 8:45 am] BILLING CODE 6717–01–P The Director, Office of Water and Watersheds, EPA Region 10, is publishing this notice of availability of the final 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. AKG282100) and on the Outer Continental Shelf in the Chukchi Sea (Permit No. AKG288100). The Beaufort and Chukchi general permits authorize thirteen types of discharges from facilities engaged in field exploration and exploratory 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. The Beaufort and Chukchi general permits contain effluent limitations and 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 Criteria), 33 U.S.C. 1343(c). DATES: The issuance date of the Beaufort and Chukchi NPDES general permits is October 29, 2012, the date of publication of this notice. The Beaufort and Chukchi general permits shall become effective on November 28, 2012. Operators must submit a new Notice of Intent (NOI) to discharge within 120 SUMMARY: ENVIRONMENTAL PROTECTION AGENCY [FRL–9747–6] Farm, Ranch, and Rural Communities Committee Environmental Protection Agency (EPA). ACTION: Notice of cancellation of teleconference. AGENCY: EPA announced in the Federal Register on October 3, 2012 [FRL–9737–3] a Farm, Ranch, and Rural Communities Committee (FRRCC) Teleconference to be held on October 22, 2012. Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of cancellation of that public meeting for the Farm, Ranch, and Rural Communities Committee (FRRCC). The FRRCC provides policy advice, information, and recommendations to the EPA Administrator on a range of environmental issues and policies that are of importance to agriculture and rural communities. The purpose of this teleconference was to discuss specific topics of relevance for consideration by the Committee in order to provide advice and insights to the Agency on environmental policies and programs that affect and engage agriculture and rural communities. rmajette on DSK2TPTVN1PROD with SUMMARY: VerDate Mar<15>2010 13:18 Oct 26, 2012 Jkt 229001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 65547 days prior to initiation of discharges. Operators that have administratively extended coverage under the previous general permit must submit new NOIs that comply with the submission requirements of the Beaufort and Chukchi general permits. ADDRESSES: Copies of the Beaufort and Chukchi general permits, the Response to Comments document, and the Ocean Discharge Criteria Evaluations may be found on the Region 10 Web site at: https://yosemite.epa.gov/r10/water.nsf/ npdes+public+notices/arctic-gp-pn2012. Copies of the documents are available upon request. Written requests for copies of the documents may be submitted to EPA, Region 10, 1200 Sixth Avenue, Suite 900, OWW–130, Seattle, WA 98101. Electronic requests may be sent to: washington.audrey@epa.gov. Requests by telephone may be made to Audrey Washington at (206) 553–0523. FOR FURTHER INFORMATION CONTACT: Erin Seyfried at (206) 553–1448, seyfried.erin@epa.gov. On June 26, 2011, the previous NPDES general permit, the Arctic general permit, No. AKG280000, expired. EPA is replacing the Arctic general permit with two general permits, the Beaufort and Chukchi general permits, renumbered as AKG282100 and AKG288100, respectively. EPA solicited public comments on the draft Beaufort and Chukchi general permits in the Federal Register on January 31, 2012. Notices of the draft general permits were also published in the Anchorage Daily News, the Arctic Sounder, and Petroleum News on January 30, 2012. Public meetings and hearings were held in communities on the North Slope and in Anchorage the week of March 12–16, 2012. The comment period closed on March 30, 2012. Changes have been made to the general permits in response to comments received from tribal, state, and local governments, the Alaska Eskimo Whaling Commission, environmental advocacy groups, industry representatives, trade organizations, and individual citizens. All comments, along with EPA’s responses, are summarized in the Response to Comments document. State Certification of Beaufort General Permit. Pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341, on October 9, 2012, the State of Alaska Department of Environmental Conservation (DEC) certified that the conditions of the Beaufort general permit comply with State Water Quality Standards (Alaska Administrative Code 18 AAC 15, 18 AAC 70, and 18 AAC SUPPLEMENTARY INFORMATION: E:\FR\FM\29OCN1.SGM 29OCN1 rmajette on DSK2TPTVN1PROD with 65548 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Notices 72), including the State’s antidegradation policy. 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 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, or designated critical habitat. On March 30, 2012 and April 11, 2012, EPA received concurrences from USFWS and NMFS, respectively, that exploration discharges authorized by the general permits are not likely to adversely affect endangered, threatened, and candidate and proposed species and designated critical habitat areas. 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’s EFH assessments conclude that the discharges authorized by the Beaufort and Chukchi general permits will not adversely affect EFH or those species regulated under a Federal Fisheries Management Plan. 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. Paperwork Reduction Act. The information collection requirements of the Beaufort and Chukchi general permits are consistent with the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. Regulatory Flexibility Act. 5 U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility analysis on rules subject to the requirements of 5 U.S.C. 553(b) that have a significant impact on a substantial number of small entities. VerDate Mar<15>2010 13:18 Oct 26, 2012 Jkt 229001 However, NPDES general permits are not ‘‘rules’’ and are therefore not subject to the Regulatory Flexibility Act (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 Beaufort and Chukchi general permits are not ‘‘rules’’ subject to the RFA, and are therefore not subject to the UMRA. Appeal of Permit. Any interested person may appeal the Beaufort and Chukchi general permits 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 issuance 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 permits in court or apply for an individual NPDES permit. Authority: This action is taken under the authority of Section 402 of the Clean Water Act, 33 U.S.C. 1342. I hereby provide public notice of the final permit action in accordance with 40 CFR 124.15(b). Dated: October 23, 2012. Christine Psyk, Associate Director, Office of Water and Watersheds, Region 10. [FR Doc. 2012–26518 Filed 10–26–12; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities Equal Employment Opportunity Commission. ACTION: Notice of Information Collection—Extension Without Change: Elementary-Secondary Staff Information Report (EEO–5). AGENCY: In accordance with the Paperwork Reduction Act (PRA), the Equal Employment Opportunity Commission (EEOC or Commission) announces that it intends to submit to the Office of Management and Budget (OMB) a request for a three-year extension of the Elementary-Secondary Staff Information Report (EEO–5). On July 2, 2012, the EEOC published a notice stating it was requesting OMB approval for a revision to the previously approved EEO–5 under the PRA’s emergency processing procedures. 77 SUMMARY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 FR 39238 (July 2, 2012). At that time, EEOC requested approval to revise the race and ethnicity categories on the EEO–5 report to conform to OMB’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. The Office of Management and Budget (OMB) has approved the revised EEO–5 through February 2013. EEOC is now requesting a regular extension without change of the revised EEO–5. Written comments on this notice must be submitted on or before December 28, 2012. Pursuant to 42 U.S.C. 2000e–8(c), a public hearing concerning the EEO–5 will be held at a place and time to be announced. Persons wishing to present their views orally should notify the Commission of their desire to do so in writing no later than November 28, 2012. The request to present views orally at a public hearing should include a written summary of the remarks to be offered. DATES: Comments should be sent to Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507. As a convenience to commenters, the Executive Secretariat will accept comments totaling six or fewer pages by facsimile (‘‘FAX’’) machine. This limitation is necessary to assure access to the equipment. The telephone number of the fax receiver is (202) 663–4114. (This is not a toll-free number). Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663–4070 (voice) or (202) 663–4074 (TTD). (These are not toll-free telephone numbers.) Instead of sending written comments to EEOC, you may submit comments and attachments electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. All comments received through this portal will be posted without change, including any personal information you provide. Copies of comments submitted by the public to EEOC directly or through the Federal eRulemaking Portal will be available for review, by advance appointment only, at the Commission’s library between the hours of 9:00 a.m. and 5 p.m. or can be reviewed at https://www.regulations.gov. To schedule an appointment to inspect the comments at EEOC’s library, contact the library staff at (202) 663–4630 (voice) or (202) 663–4641 (TTY). (These are not toll-free numbers.) ADDRESSES: E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65547-65548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26518]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9747-5]


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, AK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of final NPDES general permits.

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

SUMMARY: The Director, Office of Water and Watersheds, EPA Region 10, 
is publishing this notice of availability of the final 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. AKG282100) and 
on the Outer Continental Shelf in the Chukchi Sea (Permit No. 
AKG288100). The Beaufort and Chukchi general permits authorize thirteen 
types of discharges from facilities engaged in field exploration and 
exploratory 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. The Beaufort and Chukchi general permits 
contain effluent limitations and 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 Criteria), 33 U.S.C. 1343(c).

DATES: The issuance date of the Beaufort and Chukchi NPDES general 
permits is October 29, 2012, the date of publication of this notice. 
The Beaufort and Chukchi general permits shall become effective on 
November 28, 2012. Operators must submit a new Notice of Intent (NOI) 
to discharge within 120 days prior to initiation of discharges. 
Operators that have administratively extended coverage under the 
previous general permit must submit new NOIs that comply with the 
submission requirements of the Beaufort and Chukchi general permits.

ADDRESSES: Copies of the Beaufort and Chukchi general permits, the 
Response to Comments document, and the Ocean Discharge Criteria 
Evaluations may be found on the Region 10 Web site at: https://
yosemite.epa.gov/r10/water.nsf/npdes+public+notices/arctic-gp-pn-2012. 
Copies of the documents are available upon request. Written requests 
for copies of the documents may be submitted to EPA, Region 10, 1200 
Sixth Avenue, Suite 900, OWW-130, Seattle, WA 98101. Electronic 
requests may be sent to: washington.audrey@epa.gov. Requests by 
telephone may be made to Audrey Washington at (206) 553-0523.

FOR FURTHER INFORMATION CONTACT: Erin Seyfried at (206) 553-1448, 
seyfried.erin@epa.gov.

SUPPLEMENTARY INFORMATION: On June 26, 2011, the previous NPDES general 
permit, the Arctic general permit, No. AKG280000, expired. EPA is 
replacing the Arctic general permit with two general permits, the 
Beaufort and Chukchi general permits, renumbered as AKG282100 and 
AKG288100, respectively. EPA solicited public comments on the draft 
Beaufort and Chukchi general permits in the Federal Register on January 
31, 2012. Notices of the draft general permits were also published in 
the Anchorage Daily News, the Arctic Sounder, and Petroleum News on 
January 30, 2012. Public meetings and hearings were held in communities 
on the North Slope and in Anchorage the week of March 12-16, 2012. The 
comment period closed on March 30, 2012. Changes have been made to the 
general permits in response to comments received from tribal, state, 
and local governments, the Alaska Eskimo Whaling Commission, 
environmental advocacy groups, industry representatives, trade 
organizations, and individual citizens. All comments, along with EPA's 
responses, are summarized in the Response to Comments document.
    State Certification of Beaufort General Permit. Pursuant to Section 
401 of the Clean Water Act, 33 U.S.C. 1341, on October 9, 2012, the 
State of Alaska Department of Environmental Conservation (DEC) 
certified that the conditions of the Beaufort general permit comply 
with State Water Quality Standards (Alaska Administrative Code 18 AAC 
15, 18 AAC 70, and 18 AAC

[[Page 65548]]

72), including the State's antidegradation policy.
    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 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, 
or designated critical habitat. On March 30, 2012 and April 11, 2012, 
EPA received concurrences from USFWS and NMFS, respectively, that 
exploration discharges authorized by the general permits are not likely 
to adversely affect endangered, threatened, and candidate and proposed 
species and designated critical habitat areas.
    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's EFH assessments conclude that the discharges 
authorized by the Beaufort and Chukchi general permits will not 
adversely affect EFH or those species regulated under a Federal 
Fisheries Management Plan.
    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.
    Paperwork Reduction Act. The information collection requirements of 
the Beaufort and Chukchi general permits are consistent with the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    Regulatory Flexibility Act. 5 U.S.C. 601 et seq., requires that EPA 
prepare a regulatory flexibility analysis on 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, NPDES general permits 
are not ``rules'' and are therefore not subject to the Regulatory 
Flexibility Act (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 Beaufort and 
Chukchi general permits are not ``rules'' subject to the RFA, and are 
therefore not subject to the UMRA.
    Appeal of Permit. Any interested person may appeal the Beaufort and 
Chukchi general permits 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 issuance 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 permits in court or apply for an individual 
NPDES permit.

    Authority:  This action is taken under the authority of Section 
402 of the Clean Water Act, 33 U.S.C. 1342. I hereby provide public 
notice of the final permit action in accordance with 40 CFR 
124.15(b).

    Dated: October 23, 2012.
Christine Psyk,
Associate Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2012-26518 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
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