Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft Environmental Assessment, 55196-55199 [2016-19099]

Download as PDF 55196 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), main telephone number: (703) 305–7090, email address: BPPDFRNotices@epa.gov; or Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305–7090, email address: RDFRNotices@epa.gov. The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. As part of the mailing address, include the contact person’s name, division, and mail code. The division to contact is listed at the end of each application summary. SUPPLEMENTARY INFORMATION: I. General Information rmajette on DSK2TPTVN1PROD with NOTICES A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). 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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI VerDate Sep<11>2014 15:05 Aug 17, 2016 Jkt 238001 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 includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/ comments.html. II. Registration Applications EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications. 1. EPA Registration Numbers: 264– 1049, 264–1050, 264–1065. Docket ID number: EPA–HQ–OPP–OPP–2016– 0255. Applicant: Bayer CropScience, P.O. Box 12014, Research Triangle Park, North Carolina 27709. Active ingredient: Spirotetramat. Product type: Insecticide. Proposed use: Carrot. Contact: RD. 2. EPA Registration Numbers: 264– 1049, 264–1050, 264–1051, 264–1065. Docket ID number: EPA–HQ–OPP–OPP– 2016–0255. Applicant: Bayer CropScience, P.O. Box 12014, Research Triangle Park, North Carolina 27709. Active ingredient: Spirotetramat. Product type: Insecticide. Proposed uses: Sugar beet, bushberry subgroup low growing berry (crop subgroups 13– 07B and 13–07H). Contact: RD. 3. EPA Registration Number: 2724– 804. Docket ID number: EPA–HQ–OPP– 2016–0342. Applicant: Wellmark International; 1501 E. Woodfield Road, Suite 200 West; Schaumburg, IL 60173. Active ingredient: Piperonyl butoxide. Product type: Insecticide. Proposed use: Fungi, edible, group 21. Contact: RD. 4. EPA Registration Numbers: 42750– 85 and 42750–169. Docket ID number: EPA–HQ–OPP–2016–0384. Applicant: Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604. Active ingredient: Quinclorac. Product type: Herbicide. Proposed uses: Bushberries, caneberries, and asparagus. Contact: RD. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 5. EPA Registration Number: 89459– 19. Docket ID number: EPA–HQ–OPP– 2016–0342. Applicant: Central Garden and Pet Company; 1501 East Woodfield Road, Suite 200W; Schaumburg, IL 60173. Active ingredient: Piperonyl butoxide. Product type: Insecticide. Proposed use: Fungi, edible, group 21. Contact: RD. 6. File Symbol: 6218–IT. Docket ID number: EPA–HQ–OPP–2016–0165. Applicant: Summit Chemical Co., 235 S. Kresson St., Baltimore, MD 21224–2616. Active ingredient: Bacillus thuringiensis subspecies israelensis strain SUM–6218. Product type: Insecticide. Proposed use: To control mosquito larvae outdoors, indoors, and in residential areas and psychodid fly larvae in wastewater treatment plants. Contact: BPPD. 7. File Symbol: 7173–GNL. Docket ID number: EPA–HQ–OPP–2016–0420. Applicant: Liphatech, 3600 West Elm St., Milwaukee, WI 53209. Active ingredient: Chlorophacinone. Product type: Rodenticide. Proposed use: California ground squirrels. Contact: RD. 8. File Symbol: 42750–GRG. Docket ID number: EPA–HQ–OPP–2016–0360. Applicant: Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604. Active ingredient: quizalofop-P-ethyl. Product type: Herbicide. Proposed use: Herbicide-tolerant wheat. Contact: RD. Authority: 7 U.S.C. 136 et seq. Dated: August 10, 2016. Michael Goodis, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2016–19759 Filed 8–17–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9950–23-Region 4] Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft Environmental Assessment 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. AGENCY: The Regional Administrator of EPA Region 4 (the ‘‘Region’’) is today proposing to reissue the National SUMMARY: E:\FR\FM\18AUN1.SGM 18AUN1 rmajette on DSK2TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices Pollutant Discharge Elimination System (NPDES) general permit for the Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No. GEG460000) for discharges in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category. The draft permit pertains to 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, and 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. 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. The draft permit also includes the following changes to the expired permit: (1) New electronic reporting requirements; (2) new whole effluent toxicity testing sampling and reporting requirements for well treatment, completion, and workover fluids not discharged with produced wastewaters; (3) requirements to submit additional information pertaining to the chemicals and additives used in well treatment, completion and workover operations; and (4) clarification regarding types of operators. Region 4 is also making available a Draft Environmental Assessment (EA) for review during the 30 day public comment period for this general permit. The Draft EA addresses potential impacts from proposed changes to the general permit, and it considers recent technical studies. DATES: Comments must be received by September 17, 2016. ADDRESSES: The Draft NPDES general permit, permit fact sheet, Draft 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 VerDate Sep<11>2014 15:05 Aug 17, 2016 Jkt 238001 permit, permit fact sheet, Draft EA and other relevant documents may be obtained by writing the U.S. EPARegion 4, Water Protection Division (WPD), NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303– 8960, Attention: Ms. Bridget Staples, or by calling (404) 562–9783. Alternatively, copies of the Draft NPDES general permit, permit fact sheet, Draft EA, Essential Fish Habitat Determination and preliminary Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/ aboutepa/about-epa-region-4-southeast. Submit comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303–8960, Attention: Ms. Bridget Staples. FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4, WPD, NPDES Section, by mail at the Atlanta address given above, by telephone at (404) 562–9783 or by email at Staples.Bridget@epa.gov. SUPPLEMENTARY INFORMATION: 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 and the Draft EA received within the 30-day comment period will be considered in the formulation of final determination regarding the National Environmental Policy 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 Final EA, Finding of No Significant Impact, 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 and 124.19, except for a general permit, as provided at 40 CFR 124.19(o). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 55197 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 authorized at 40 CFR 122.28, in accordance with the application requirements set forth at 40 CFR 122.21, 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 Regional Counsel, 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. III. Exclusion of Non-Operational Leases 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 initially accept NOIs for such leases, and the general permit will not cover such leases, except as set forth below. 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 Bureau of Energy Management. 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 E:\FR\FM\18AUN1.SGM 18AUN1 55198 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices general permit, Draft 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 Zone Management Programs. A copy of the consistency determination on the proposed activities is being sent to each affected State, along with a letter including 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, and Draft 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 WPD, U.S. EPA-Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303–8960, Attention: Ms. Bridget Staples. rmajette on DSK2TPTVN1PROD with NOTICES VI. Public Comment Period and Public Hearings The public comment period for the Draft NPDES permit, Draft EA will begin on the date of publication of this notice in the Federal Register and end 30 calendar days later. VII. Administrative Record The Draft NPDES general permit, permit fact sheet, Draft 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, Draft EA and other relevant documents may be obtained by writing the U.S. EPA-Region 4, WPD, NPDES Permitting Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303–8960, Attention: Ms. Bridget Staples, or by calling (404) 562– 9783. Alternatively, copies of the Draft NPDES general permit, permit fact sheet, Draft EA, Essential Fish Habitat Determination and preliminary Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/ aboutepa/about-epa-region-4-southeast. 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 VerDate Sep<11>2014 15:05 Aug 17, 2016 Jkt 238001 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 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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.’’ 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)]. Because 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 (GEG460000), 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. E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices Dated: July 27, 2016. James D. Giattina, Director, Water Protection Division. fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below. [FR Doc. 2016–19099 Filed 8–17–16; 8:45 am] BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0936] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before September 19, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments Nicholas A. Fraser, OMB, via email: Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via email PRA@ rmajette on DSK2TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:05 Aug 17, 2016 Jkt 238001 Frm 00030 Fmt 4703 Sfmt 4703 Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2016–19741 Filed 8–17–16; 8:45 am] BILLING CODE 6712–01–P For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–0936. Title: Sections 95.1215, 95.1217, 95.1223 and 95.1225, Medical Device Radiocommunications Service (MedRadio). Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit and not-for-profit institutions. Number of Respondents: 3,120 respondents; 3,120 responses. Estimated Time per Response: 1–3 hours. Frequency of Response: On occasion reporting requirement, third party disclosure requirement and recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151 and 303 of the Communications Act of 1934, as amended. Total Annual Burden: 9,120 hours. Total Annual Cost: No cost. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: The Federal Communications Commission is requesting that the Office of Management and Budget (OMB) approve for a period of three years an extension for the information collection requirements contained in this collection. The information collection requirements that are approved under this information collection are contained in 47 CFR 95.1225(b) and (c), 95.1217(a)(3) and (c), 95.1223 and 95.1225 which relate to the Medical Device Radiocommunication Service (MedRadio). The information is necessary to allow the coordinator and parties using the database to contact other users to verify information and resolve potential conflicts. Each user is responsible for determining in advance whether new devices are likely to cause or be susceptible to interference from devices already registered in the coordination database. PO 00000 55199 FEDERAL COMMUNICATIONS COMMISSION [DA 16–720] Order Declares JuBe Communications, LLC’s International Section 214 Authorization Terminated Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the International Bureau of the Federal Communications Commission (Commission) declares the international Section 214 authorization granted to JuBe Communications, LLC (JuBe) terminated given JuBe’s inability to comply with the express condition for holding the authorization. It also concludes that JuBe failed to comply with those requirements of the Communications Act of 1934, as amended (the Act) and the Commission’s rules that ensure that the Commission can contact and communicate with the authorization holder and verify JuBe is still providing service, which failures have prevented any way of addressing JuBe’s inability to comply with the condition of its authorization. FOR FURTHER INFORMATION CONTACT: Cara Grayer, Telecommunications and Analysis Division, International Bureau at (202) 418–2960 or Cara.Grayer@ fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, DA 16–720, adopted and released July 1, 2016. SUMMARY: Background Section 214(a) of the Act prohibits any carrier from constructing, extending, acquiring, or operating any line, and from engaging in transmission through any such line, without first obtaining a certificate of authorization from the Commission. Under Section 214(c) of the Act, the Commission ‘‘may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require.’’ On July 27, 2007, the International Bureau granted JuBe an international Section 214 authorization to provide global or limited global facility-based service and global or limited global resale service in E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55196-55199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19099]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9950-23-Region 4]


Notice of Draft National Pollutant Discharge Elimination System 
(NPDES) General Permit for the Eastern Portion of the Outer Continental 
Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft 
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

[[Page 55197]]

Pollutant Discharge Elimination System (NPDES) general permit for the 
Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No. 
GEG460000) for discharges in the Offshore Subcategory of the Oil and 
Gas Extraction Point Source Category. The draft permit pertains to 
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, and 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.
    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. The draft permit also includes the following changes to 
the expired permit: (1) New electronic reporting requirements; (2) new 
whole effluent toxicity testing sampling and reporting requirements for 
well treatment, completion, and workover fluids not discharged with 
produced wastewaters; (3) requirements to submit additional information 
pertaining to the chemicals and additives used in well treatment, 
completion and workover operations; and (4) clarification regarding 
types of operators. Region 4 is also making available a Draft 
Environmental Assessment (EA) for review during the 30 day public 
comment period for this general permit. The Draft EA addresses 
potential impacts from proposed changes to the general permit, and it 
considers recent technical studies.

DATES: Comments must be received by September 17, 2016.

ADDRESSES: The Draft NPDES general permit, permit fact sheet, Draft 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, Draft EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, Water Protection Division (WPD), NPDES Section, 
Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, 
Georgia 30303-8960, Attention: Ms. Bridget Staples, or by calling (404) 
562-9783. Alternatively, copies of the Draft NPDES general permit, 
permit fact sheet, Draft EA, Essential Fish Habitat Determination and 
preliminary Ocean Discharge Criteria Evaluation may be downloaded at: 
http://www.epa.gov/aboutepa/about-epa-region-4-southeast. Submit 
comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-
8960, Attention: Ms. Bridget Staples.

FOR FURTHER INFORMATION CONTACT: Ms. Bridget Staples, EPA Region 4, 
WPD, NPDES Section, by mail at the Atlanta address given above, by 
telephone at (404) 562-9783 or by email at Staples.Bridget@epa.gov.

SUPPLEMENTARY INFORMATION: 

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 and the Draft EA received 
within the 30-day comment period will be considered in the formulation 
of final determination regarding the National Environmental Policy 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 Final EA, Finding of No Significant Impact, 
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 and 124.19, except for a 
general permit, as provided at 40 CFR 124.19(o). 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 authorized at 40 CFR 122.28, in accordance with the 
application requirements set forth at 40 CFR 122.21, 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 
Regional Counsel, 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.

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 initially 
accept NOIs for such leases, and the general permit will not cover such 
leases, except as set forth below. 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 Bureau of 
Energy Management.

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

[[Page 55198]]

general permit, Draft 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 Zone Management 
Programs. A copy of the consistency determination on the proposed 
activities is being sent to each affected State, along with a letter 
including 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, and 
Draft 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 WPD, U.S. EPA-
Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.

VI. Public Comment Period and Public Hearings

    The public comment period for the Draft NPDES permit, Draft EA will 
begin on the date of publication of this notice in the Federal Register 
and end 30 calendar days later.

VII. Administrative Record

    The Draft NPDES general permit, permit fact sheet, Draft 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, Draft EA and other relevant documents may be obtained by writing 
the U.S. EPA-Region 4, WPD, NPDES Permitting Section, Sam Nunn Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960, 
Attention: Ms. Bridget Staples, or by calling (404) 562-9783. 
Alternatively, copies of the Draft NPDES general permit, permit fact 
sheet, Draft EA, Essential Fish Habitat Determination and preliminary 
Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.

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.''
    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)].
    Because 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 (GEG460000), 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.


[[Page 55199]]


    Dated: July 27, 2016.
James D. Giattina,
Director, Water Protection Division.
[FR Doc. 2016-19099 Filed 8-17-16; 8:45 am]
 BILLING CODE 6560-50-P