Re-Proposal of an NPDES General Permit for Oil and Gas Geotechnical Surveying and Related Activities in Federal Waters of the Beaufort and Chukchi Seas, 48147-48148 [2014-19137]

Download as PDF Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. V. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products until January 15, 2015. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. List of Subjects Environmental protection, Pesticides and pests. Dated: June 16, 2014. Michael Hardy, Acting Director, Information Technology and Resources Management Division, Office of Pesticide Programs. [FR Doc. 2014–19449 Filed 8–14–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9915–13–Region 10] Re-Proposal of an NPDES General Permit for Oil and Gas Geotechnical Surveying and Related Activities in Federal Waters of the Beaufort and Chukchi Seas Environmental Protection Agency (EPA). ACTION: Notice of re-proposal of general permit. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: Environmental Protection Agency Region 10 (EPA) re-proposes a National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Geotechnical Surveying and Related Activities in SUMMARY: VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 Federal Waters of the Beaufort and Chukchi Seas (Permit No. AKG–28– 4300). On November 22, 2013, EPA released a draft NPDES general permit for oil and gas geotechnical surveys and related activities in federal waters of the Beaufort and Chukchi Seas for public review. The public comment period closed on February 19, 2014. Based on the comments received, EPA has made revisions to the draft Geotechnical General Permit and re-proposes a revised draft for public review accompanied by a Fact Sheet describing the revisions and a revised Ocean Discharge Criteria Evaluation. EPA seeks public comment only on the following proposed changes: (1) Inclusion of seasonal prohibitions on wastewater discharges specific to the 3–25 mile lease deferral area in the Chukchi Sea; (2) Clarification of drilling fluid testing requirements (Discharge 001); (3) Clarification of Environmental Monitoring Program requirements and inclusion of language regarding preexisting baseline data; (4) Revision of sampling frequencies for fecal coliform and total residual chlorine (Sanitary Wastewater, Discharge 003); and (5) Clarification of Notice of Intent submission requirements. As proposed, the Geotechnical General Permit authorizes twelve types of discharges from facilities engaged in oil and gas geotechnical surveys to evaluate the subsurface characteristics of the seafloor and related activities in federal waters of the Beaufort and Chukchi Seas. Geotechnical borings are collected to assess the structural properties of subsurface soil conditions for potential placement of oil and gas installations, which may include production and drilling platforms, ice islands, anchor structures for floating exploration drilling vessels, and potential buried pipeline corridors. Geotechnical surveys result in a disturbance of the seafloor and produce discharges consisting of soil, rock and cuttings materials, in addition to facility-specific waste streams authorized under this general permit. Geotechnical related activities also result in a disturbance of the seafloor and produce similar discharges. These activities may include feasibility testing of equipment that disturbs the seafloor, and testing and evaluation of trenching technologies. DATES: Comments. The public comment period for the re-proposed Geotechnical General Permit will be from the date of publication of this document until September 15, 2014. Comments must be received or post-marked by no later than midnight Pacific Standard Time on PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 48147 September 15, 2014. EPA will only consider comments on the re-proposed permit provisions. Comments submitted previously on the initial draft Geotechnical General Permit need not be resubmitted; comments addressing permit provisions or issues beyond the scope of this re-proposal will not be considered. ADDRESSES: EPA will consider comments on the re-proposed permit provisions before making its final decision. You may submit comments by any of the following methods. Mail: Send paper comments to Erin Seyfried, Office of Water and Watersheds, Mail Stop OWW–130, 1200 6th Avenue, Suite 900, Seattle, WA 98101–3140. Email: Send electronic comments to R10geotechpermit@epa.gov. Fax: Fax comments to the attention of Erin Seyfried at (206) 553–0165. Hand Delivery/Courier: Deliver comments to Erin Seyfried, Office of Water and Watersheds, Mail Stop OWW–130, 1200 6th Avenue, Suite 900, Seattle, WA 98101–3140. Call (206) 553–0523 before delivery to verify business hours. Viewing and/or Obtaining Copies of Documents. A copy of the draft Geotechnical General Permit and the Fact Sheet, which explains the proposal in detail, 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/DraftPermitsAK https://yosemite. epa.gov/r10/water.nsf/npdes+permits/ arctic-gp. See SUPPLEMENTARY INFORMATION for other document viewing locations. FOR FURTHER INFORMATION CONTACT: Erin Seyfried, 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– 1448, seyfried.erin@epa.gov. SUPPLEMENTARY INFORMATION: On November 22, 2013, EPA issued a draft Geotechnical General Permit for public review, and established a comment deadline of January 27, 2014 (78 FR 70042). In response to requests for an extension of the deadline from the Alaska Eskimo Whaling Commission and the Inupiat Community of the Arctic Slope, EPA extended the comment period for an additional 23 days, from January 27, 2014 to February 19, 2014 (79 FR 4344). Based on the comments received during the public review of the draft Geotechnical General Permit, EPA determined that certain permit E:\FR\FM\15AUN1.SGM 15AUN1 48148 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices provisions warranted further consideration and notified interested parties of this determination on March 21, 2014. To further that process, EPA met with several commenters to clarify certain technical issues and obtain additional information. The public comments and subsequent information resulted in EPA revising several permit provisions, as described further in the Fact Sheet. Document Viewing Locations. The reproposed Geotechnical General Permit and Fact Sheet may also be viewed at the following locations: emcdonald on DSK67QTVN1PROD with NOTICES (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) Z. J. Loussac Public Library, 3600 Denali Street, Anchorage, AK 99503; (907) 343–2975. (4) North Slope Borough School District Library/Media Center, Pouch 169, 829 Aivak Street, Barrow, AK 99723; (907) 852–5311. EPA’s current administrative record for the draft Geotechnical General Permit is available for review at the EPA Region 10 Office, Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 98101, between 9:00 a.m. and 4:00 p.m., Monday through Friday. Contact Erin Seyfried at seyfried.erin@epa.gov or (206) 553–1448. 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 Geotechnical General Permit are excluded from the provisions of CWA section 311, 33 U.S.C. 1321. However, the Geotechnical General Permit 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, 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 analyzed the discharges proposed to be authorized by the draft Geotechnical General Permit, and their potential to adversely affect any of the threatened or endangered species or their designated critical habitat areas in the vicinity of the discharges in a Biological Evaluation dated December 2013. EPA completed a supplemental analysis evaluating the VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 effects of interrelated and interdependent actions on the Pacific walrus on February 11, 2014. On January 31 and March 19, 2014, EPA received letters of concurrence from the USFWS and NMFS, respectively, agreeing with EPA’s determinations of effects. On March 13, 2014, in response to EPA’s request for a conference on the Pacific walrus, the USFWS confirmed that the proposed permit action would not jeopardize the continued existence of this species. EPA has reviewed the reproposed draft permit and determined that the proposed changes would not alter the original conclusions that the discharges may affect, but are not likely to adversely affect listed, proposed, and candidate species or their designated critical habitat areas. The Fact Sheet, the re-proposed draft Geotechnical General Permit, and the revised Ocean Discharge Criteria Evaluation will be sent to NMFS and the USFWS for review during the public comment period. Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation and Management Act requires EPA to consult with NMFS when a proposed permit action has the potential to adversely affect Essential Fish Habitat (EFH). EPA’s EFH assessment is included as Appendix A to the BE. The EFH assessment concluded that the discharges authorized by the draft Geotechnical General Permit will not adversely affect EFH. EPA has also concluded that the re-proposed permit changes will not adversely affect EFH. 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. Executive Order 12866. The Office of Management and Budget 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 Geotechnical General Permit and finds 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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 Geotechnical General Permit will not have a 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 revised draft Geotechnical General Permit in accordance with 40 CFR 124.10. Dated: August 5, 2014. Christine Psyk, Associate Director, Office of Water and Watersheds, Region 10. [FR Doc. 2014–19137 Filed 8–14–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Reappointment of FASAB Members Federal Accounting Standards Advisory Board. ACTION: Notice. AGENCY: Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92–463), as amended, and the FASAB Rules Of Procedure, as amended in October 2010, notice is hereby given that Dr. Michael Granof has been reappointed to a fiveyear term as a member of the Federal Accounting Standards Advisory Board (FASAB) beginning July 1, 2014. FASAB also announces that Mr. D. Scott Showalter has been reappointed to a five-year term as a member of the Federal Accounting Standards Advisory Board beginning July 1, 2014. For Further Information Regarding Mr. Granof or Mr. Showalter, Contact: Ms. Wendy M. Payne, Executive Director, 441 G St., NW., Mail Stop 6H20, Washington, DC 20548, or call (202) 512–7350. E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48147-48148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19137]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9915-13-Region 10]


Re-Proposal of an NPDES General Permit for Oil and Gas 
Geotechnical Surveying and Related Activities in Federal Waters of the 
Beaufort and Chukchi Seas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of re-proposal of general permit.

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

SUMMARY: Environmental Protection Agency Region 10 (EPA) re-proposes a 
National Pollutant Discharge Elimination System (NPDES) General Permit 
for Oil and Gas Geotechnical Surveying and Related Activities in 
Federal Waters of the Beaufort and Chukchi Seas (Permit No. AKG-28-
4300). On November 22, 2013, EPA released a draft NPDES general permit 
for oil and gas geotechnical surveys and related activities in federal 
waters of the Beaufort and Chukchi Seas for public review. The public 
comment period closed on February 19, 2014. Based on the comments 
received, EPA has made revisions to the draft Geotechnical General 
Permit and re-proposes a revised draft for public review accompanied by 
a Fact Sheet describing the revisions and a revised Ocean Discharge 
Criteria Evaluation.
    EPA seeks public comment only on the following proposed changes: 
(1) Inclusion of seasonal prohibitions on wastewater discharges 
specific to the 3-25 mile lease deferral area in the Chukchi Sea; (2) 
Clarification of drilling fluid testing requirements (Discharge 001); 
(3) Clarification of Environmental Monitoring Program requirements and 
inclusion of language regarding pre-existing baseline data; (4) 
Revision of sampling frequencies for fecal coliform and total residual 
chlorine (Sanitary Wastewater, Discharge 003); and (5) Clarification of 
Notice of Intent submission requirements.
    As proposed, the Geotechnical General Permit authorizes twelve 
types of discharges from facilities engaged in oil and gas geotechnical 
surveys to evaluate the subsurface characteristics of the seafloor and 
related activities in federal waters of the Beaufort and Chukchi Seas. 
Geotechnical borings are collected to assess the structural properties 
of subsurface soil conditions for potential placement of oil and gas 
installations, which may include production and drilling platforms, ice 
islands, anchor structures for floating exploration drilling vessels, 
and potential buried pipeline corridors. Geotechnical surveys result in 
a disturbance of the seafloor and produce discharges consisting of 
soil, rock and cuttings materials, in addition to facility-specific 
waste streams authorized under this general permit. Geotechnical 
related activities also result in a disturbance of the seafloor and 
produce similar discharges. These activities may include feasibility 
testing of equipment that disturbs the seafloor, and testing and 
evaluation of trenching technologies.

DATES: Comments. The public comment period for the re-proposed 
Geotechnical General Permit will be from the date of publication of 
this document until September 15, 2014. Comments must be received or 
post-marked by no later than midnight Pacific Standard Time on 
September 15, 2014. EPA will only consider comments on the re-proposed 
permit provisions. Comments submitted previously on the initial draft 
Geotechnical General Permit need not be resubmitted; comments 
addressing permit provisions or issues beyond the scope of this re-
proposal will not be considered.

ADDRESSES: EPA will consider comments on the re-proposed permit 
provisions before making its final decision. You may submit comments by 
any of the following methods.
    Mail: Send paper comments to Erin Seyfried, Office of Water and 
Watersheds, Mail Stop OWW-130, 1200 6th Avenue, Suite 900, Seattle, WA 
98101-3140.
    Email: Send electronic comments to R10geotechpermit@epa.gov.
    Fax: Fax comments to the attention of Erin Seyfried at (206) 553-
0165.
    Hand Delivery/Courier: Deliver comments to Erin Seyfried, Office of 
Water and Watersheds, Mail Stop OWW-130, 1200 6th Avenue, Suite 900, 
Seattle, WA 98101-3140. Call (206) 553-0523 before delivery to verify 
business hours.
    Viewing and/or Obtaining Copies of Documents. A copy of the draft 
Geotechnical General Permit and the Fact Sheet, which explains the 
proposal in detail, 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/DraftPermitsAK https://yosemite.epa.gov/r10/water.nsf/npdes+permits/arctic-gp. See SUPPLEMENTARY INFORMATION for other document viewing 
locations.

FOR FURTHER INFORMATION CONTACT: Erin Seyfried, 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-
1448, seyfried.erin@epa.gov.

SUPPLEMENTARY INFORMATION: On November 22, 2013, EPA issued a draft 
Geotechnical General Permit for public review, and established a 
comment deadline of January 27, 2014 (78 FR 70042). In response to 
requests for an extension of the deadline from the Alaska Eskimo 
Whaling Commission and the Inupiat Community of the Arctic Slope, EPA 
extended the comment period for an additional 23 days, from January 27, 
2014 to February 19, 2014 (79 FR 4344).
    Based on the comments received during the public review of the 
draft Geotechnical General Permit, EPA determined that certain permit

[[Page 48148]]

provisions warranted further consideration and notified interested 
parties of this determination on March 21, 2014. To further that 
process, EPA met with several commenters to clarify certain technical 
issues and obtain additional information. The public comments and 
subsequent information resulted in EPA revising several permit 
provisions, as described further in the Fact Sheet.
    Document Viewing Locations. The re-proposed Geotechnical General 
Permit and Fact Sheet 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) Z. J. Loussac Public Library, 3600 Denali Street, Anchorage, 
AK 99503; (907) 343-2975.
    (4) North Slope Borough School District Library/Media Center, 
Pouch 169, 829 Aivak Street, Barrow, AK 99723; (907) 852-5311.

    EPA's current administrative record for the draft Geotechnical 
General Permit is available for review at the EPA Region 10 Office, 
Park Place Building, 1200 6th Avenue, Suite 900, Seattle, WA 98101, 
between 9:00 a.m. and 4:00 p.m., Monday through Friday. Contact Erin 
Seyfried at seyfried.erin@epa.gov or (206) 553-1448.
    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 Geotechnical General Permit 
are excluded from the provisions of CWA section 311, 33 U.S.C. 1321. 
However, the Geotechnical General Permit 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, 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 analyzed the discharges proposed to be authorized by the draft 
Geotechnical General Permit, and their potential to adversely affect 
any of the threatened or endangered species or their designated 
critical habitat areas in the vicinity of the discharges in a 
Biological Evaluation dated December 2013. EPA completed a supplemental 
analysis evaluating the effects of interrelated and interdependent 
actions on the Pacific walrus on February 11, 2014. On January 31 and 
March 19, 2014, EPA received letters of concurrence from the USFWS and 
NMFS, respectively, agreeing with EPA's determinations of effects. On 
March 13, 2014, in response to EPA's request for a conference on the 
Pacific walrus, the USFWS confirmed that the proposed permit action 
would not jeopardize the continued existence of this species. EPA has 
reviewed the re-proposed draft permit and determined that the proposed 
changes would not alter the original conclusions that the discharges 
may affect, but are not likely to adversely affect listed, proposed, 
and candidate species or their designated critical habitat areas. The 
Fact Sheet, the re-proposed draft Geotechnical General Permit, and the 
revised Ocean Discharge Criteria Evaluation will be sent to NMFS and 
the USFWS for review during the public comment period.
    Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation 
and Management Act requires EPA to consult with NMFS when a proposed 
permit action has the potential to adversely affect Essential Fish 
Habitat (EFH). EPA's EFH assessment is included as Appendix A to the 
BE. The EFH assessment concluded that the discharges authorized by the 
draft Geotechnical General Permit will not adversely affect EFH. EPA 
has also concluded that the re-proposed permit changes will not 
adversely affect EFH.
    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.
    Executive Order 12866. The Office of Management and Budget 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 Geotechnical General Permit and finds 
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 Geotechnical General Permit will not 
have a 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 revised draft Geotechnical General 
Permit in accordance with 40 CFR 124.10.

    Dated: August 5, 2014.
Christine Psyk,
Associate Director, Office of Water and Watersheds, Region 10.
[FR Doc. 2014-19137 Filed 8-14-14; 8:45 am]
BILLING CODE 6560-50-P
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