Public Notice of State of Texas' Submittal to EPA of Request for Partial National Pollutant Discharge Elimination System (NPDES) Program Authorization for Oil and Gas Discharges, 76073-76077 [2020-26038]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices
RTP, NC 27711; telephone number:
(919) 541–7554; email address:
beachum.collin@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general and may be of interest to
entities that manufacture (including
import) a chemical substance regulated
under TSCA (e.g., entities identified
under North American Industrial
Classification System (NAICS) codes
325 and 324110). The action may also
be of interest to chemical processors,
distributors in commerce, and users;
non-governmental organizations in the
environmental and public health
sectors; state and local government
agencies; and members of the public.
Since other entities may also be
interested, the Agency has not
attempted to describe all the specific
entities and corresponding NAICS codes
for entities that may be interested in or
affected by this action.
B. What is the Agency’s authority for
taking this action?
The draft scope document is issued
pursuant to TSCA section 6(b) and
EPA’s implementing regulations at 40
CFR 702.41(c)(7).
jbell on DSKJLSW7X2PROD with NOTICES
C. What action is the Agency taking?
EPA is publishing the draft scope of
the risk evaluation for DINP under
TSCA. Through the risk evaluation
process, EPA will determine whether
the category of chemical substances
presents an unreasonable risk of injury
to health or the environment under the
conditions of use, as determined by the
Administrator, in accordance with
TSCA section 6(b)(4).
II. Background
TSCA allows chemical manufacturers
to request an EPA-conducted risk
evaluation of a chemical under 40 CFR
702.37. On May 24, 2019, EPA received
a manufacturer request for a risk
evaluation of DINP (Ref. 1). On
December 20, 2019, the Agency granted
the request, and subsequently initiated
the scoping process for the risk
evaluation for this category of chemical
substances. The purpose of a risk
evaluation is to determine whether a
chemical substance, or group of
chemical substances, presents an
VerDate Sep<11>2014
19:29 Nov 25, 2020
Jkt 253001
76073
unreasonable risk to health or the
environment, under the conditions of
use, including an unreasonable risk to a
relevant potentially exposed or
susceptible subpopulation (15 U.S.C.
2605(b)(4)(A)). As part of this process,
EPA must evaluate both hazards and
exposures for the conditions of use;
describe whether aggregate or sentinel
exposures were considered and the
basis for consideration; not consider
costs or other nonrisk factors; take into
account where relevant, likely duration,
intensity, frequency, and number of
exposures; and describe the weight of
the scientific evidence for hazards and
exposures (15 U.S.C. 2605(b)(4)(F)). This
process will culminate in a
determination of whether or not the
category of chemical substances
presents an unreasonable risk of injury
to health or the environment under the
conditions of use (15 U.S.C.
2605(b)(4)(A); 40 CFR 702.47).
substance—from manufacturing,
processing, distribution in commerce,
use, to release or disposal—and
identification of human and ecological
health hazards EPA plans to evaluate for
the exposure scenarios EPA plans to
evaluate.
• An analysis plan, which will
identify the approaches and methods
EPA plans to use to assess exposure,
hazards, and risk, including associated
uncertainty and variability, as well as a
strategy for using reasonably available
information and best available science
approaches.
• A plan for peer review.
EPA encourages commenters to
provide information they believe might
be missing or may further inform the
risk evaluation. EPA will publish a
notice in the Federal Register
announcing the availability of the final
scope within three months of publishing
the draft scope.
III. Draft Scope of the Risk Evaluation
for Di-isononyl phthalate (DINP)
The category of chemical substances
for which EPA is publishing the draft
scope of the risk evaluation includes the
following chemical substances: 1,2benzene-dicarboxylic acid, 1,2diisononyl ester (CASRN 28553–12–0),
and 1,2-benzenedicarboxylic acid, diC8–10-branched alkyl esters, C9-rich;
(CASRN 68515–48–0). The draft scope
of the risk evaluation for this category
of chemical substances includes the
conditions of use, hazards, exposures,
and the potentially exposed or
susceptible subpopulations EPA plans
to consider in the risk evaluation (15
U.S.C. 2605(b)(4)(D)). Development of
the scope is the first step of a risk
evaluation. The draft scope of the risk
evaluation will include the following
components (40 CFR 702.41(c)):
• The conditions of use, as
determined by the Administrator, that
EPA plans to consider in the risk
evaluation.
• The potentially exposed
populations that EPA plans to evaluate;
the ecological receptors that EPA plans
to evaluate; and the hazards to health
and the environment that EPA plans to
evaluate.
• A description of the reasonably
available information and the science
approaches that the Agency plans to
use.
• A conceptual model that will
describe the actual or predicted
relationships between the chemical
substance, the conditions of use within
the scope of the evaluation and the
receptors, either human or
environmental, with consideration of
the life cycle of the chemical
IV. References
The following is a listing of the
documents that are specifically
referenced in this Federal Register
notice. The docket for this action
includes these documents and other
information considered by EPA,
including documents that are referenced
within the documents that are included
in the docket. For assistance in locating
these referenced documents, please
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
1. EPA. Di-isononyl Phthalate (DINP)
(1,2-Benzene- dicarboxylic acid, 1,2diisononyl ester); Manufacturer Request
for Risk Evaluation Under the Toxic
Substances Control Act (TSCA); Notice
of Availability and Request for
Comments. Federal Register. (84 FR
42912, August 19, 2019) (FRL–9998–25).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
(Authority: 15 U.S.C. 2601 et seq.)
Andrew Wheeler,
Administrator.
[FR Doc. 2020–26204 Filed 11–25–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R06–OW–2020–0608; FRL–10017–34Region 6]
Public Notice of State of Texas’
Submittal to EPA of Request for Partial
National Pollutant Discharge
Elimination System (NPDES) Program
Authorization for Oil and Gas
Discharges
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\27NON1.SGM
27NON1
76074
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices
Notice of availability; request
for comment; notice of public hearing.
ACTION:
The United States
Environmental Protection Agency
(EPA), Region 6 is requesting comments
on and will hold a public hearing for the
State of Texas’ application for National
Pollutant Discharge Elimination System
(NPDES) authority for discharges from
produced water, hydrostatic test water
and gas plant effluent, hereafter referred
to as oil and gas discharges, within the
State of Texas (‘‘application for NPDES
oil and gas authorization’’ or ‘‘the
application’’). The Governor of Texas
submitted the application for NPDES oil
and gas authorization, seeking approval
for the Texas Commission on
Environmental Quality (TCEQ) to
implement a major category partial
NPDES program as provided for under
the Clean Water Act (CWA or ‘‘the
Act’’). Today, the EPA is providing
public notice of the State’s submittal of
the application for NPDES oil and gas
authorization and of both a public
hearing and public comment period on
the State’s submission. The EPA will
either approve or disapprove the State’s
request for program authorization after
considering all comments received. If
approved, the NPDES authority for oil
and gas discharges within the State of
Texas will transfer from the EPA to the
TCEQ upon the date of program
approval.
SUMMARY:
Comments must be received on
or before January 11, 2021. The EPA
Region 6 will hold a virtual
informational public meeting, followed
by a virtual public hearing no sooner
than 30 days after the date of this notice.
Please refer to the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section for
additional information on how to
submit comments and for specifics
regarding the date, times, and how to
register for the public meeting and
public hearing.
ADDRESSES: You may submit comments
identified by Docket No. EPA–R06–
OW–2020–0608 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
jbell on DSKJLSW7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
19:29 Nov 25, 2020
Jkt 253001
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
To View and/or Obtain Copies of
Documents. A copy of the application
and related documents may be viewed
or downloaded, at no cost, from the EPA
website at https://www.epa.gov/
publicnotices/notices-search/location/
Texas or https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Kilty Baskin, EPA Region 6 Office,
NPDES/Wetland Review Section (R6
WD–PN), 214–665–7500, baskin.kilty@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. Public Participation
1. How can I get copies of this document
and other related information?
You may access this Federal Register
Notice document electronically at the
EPA’s website, https://www.epa.gov/
publicnotices/notices-search/location/
Texas or https://www.regulations.gov.
2. How and to whom do I submit
comment?
We encourage the public to submit
comments electronically as described in
the ADDRESSES Section of this notice, as
there may be a delay in processing mail
and hand deliveries will be accepted by
appointment only due to public health
concerns related to COVID–19.
Please submit your comments within
the specified time period cited in the
DATES section of this document.
Comments received after the close of the
comment period will be marked ‘‘late’’.
The EPA is not required to consider
these late comments. All comments
received by the EPA in accordance with
this section by the ending date of the
comment period and/or presented at the
public hearing will be considered by the
EPA before a final decision is made
regarding program approval.
3. How do I participate in the
informational public meeting and/or
public hearing?
Informational Public Meeting: The
informational public meeting will be
held virtually and will include a
technical overview of the State’s
proposed NPDES oil and gas program,
as well as an opportunity for questions
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
and answers. The TCEQ will participate
with the EPA during this meeting.
Questions or comments made during the
informational meeting will not be
entered into the official record.
Comments for the official record must
be made in accordance with the public
hearing procedures and/or submitted to
the EPA as written comments before the
end of the comment period. To register
to attend the virtual public meeting,
please refer to the online registration
form available via links regarding the
Texas Program Authorization notice at
https://www.epa.gov/publicnotices/
notices-search/location/Texas. The last
day to pre-register for the public
meeting will be 3 working days prior
before the meeting date
Public Hearing: Please note that the
EPA is deviating from its typical
approach because the President has
declared a national emergency. Because
of current CDC recommendations, as
well as state and local orders for social
distancing to limit the spread of
COVID–19, the EPA cannot hold inperson public meetings at this time. As
a result, the public hearing will be held
virtually. The public hearing will be
conducted in accordance with the
provisions of 40 CFR 124.12, and will
provide interested parties with the
opportunity to give written and/or oral
testimony into the official record.
The EPA will begin pre-registering
speakers for the hearing upon
publication of this document in the
Federal Register. To register to attend or
speak at the virtual public hearing,
please refer to the online registration
form available via links regarding the
Texas Program Authorization notice at
https://www.epa.gov/publicnotices/
notices-search/location/Texas to register
to speak at the virtual hearing. The last
day to pre-register to speak at the
hearing will be 3 working days prior
before the hearing date. Prior to the
hearing, EPA will post a general agenda
for the hearing that will list preregistered speakers in approximate
order at the Texas Program
Authorization Notice page accessible
from: https://www.epa.gov/
publicnotices/notices-search/location/
Texas
The EPA will make every effort to
follow the schedule as closely as
possible on the day of the hearing;
however, please plan for the hearing to
run either ahead of schedule or behind
schedule.
The EPA encourages commenters to
provide the EPA with a copy of their
oral testimony electronically (via email)
by emailing it to rosborough.evelyn@
epa.gov. The EPA also recommends
submitting the text of your oral
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices
comments as written comments to the
official docket.
The EPA may ask clarifying questions
during the oral presentations but will
not respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as oral comments
and supporting information presented at
the public hearing.
Please note that any updates made to
any aspect of the hearing is posted
online at https://www.epa.gov/
publicnotices/notices-search/location/
Texas. While the EPA expects the
hearing to go forward as set forth above,
please monitor our website or contact
Ms. Evelyn Rosborough, 214–665- 7515,
or email: rosborough.evelyn@epa.gov to
determine if there are any updates. The
EPA does not intend to publish a
document in the Federal Register
announcing updates.
If you require the services of a
translator or a special accommodation
such as audio description, please preregister for the hearing at https://
www.epa.gov/publicnotices/noticessearch/location/Texas, and describe
your needs one week before the date of
the hearing. Please note that the EPA
may not be able to arrange
accommodations.
jbell on DSKJLSW7X2PROD with NOTICES
B. General Information
1. Does this action apply to me?
Entities potentially affected by this
action include the regulated oil and gas
community and citizens within the
State of Texas. If authorized, the TCEQ
will implement the NPDES permitting,
compliance monitoring and
enforcement program for oil and gas
activities in Texas. The TCEQ’s
authority will apply on land within the
State of Texas and extend 3.0 statute
miles (1 statute mile equals 5280 feet)
offshore into the Gulf of Mexico. The
EPA retains jurisdiction for discharges
more than 3 statute miles offshore in the
Gulf of Mexico. Thus, CWA oil and gas
exploration and production related
discharges in these waters remain
subject to the EPA’s Outer Continental
Shelf of the Gulf of Mexico General
Permit (GMG290000). In addition, spills
or releases of hydrocarbons subject to
the Oil Pollution Act are not subject to
the NPDES program. The EPA’s
authority to address releases of
hydrocarbons to waters of the United
States under the Oil Pollution Act
cannot be delegated to states and TCEQ
will continue to refer incidents to EPA
as the regulatory authority for the Oil
Pollution Act. The TCEQ NPDES
program does not apply in areas of
VerDate Sep<11>2014
19:29 Nov 25, 2020
Jkt 253001
Indian country as defined in 18 U.S.C.
1151. The EPA retains jurisdiction over
discharges in these areas. If you have
any questions regarding the
applicability of this action to a
particular entity, please contact Ms.
Kilty Baskin at 214–665–7500,
baskin.kilty@epa.gov.
2. What action is the EPA taking?
The EPA is providing notice of the
State of Texas’ request for partial
NPDES program authorization for oil
and gas discharges within the State. The
Governor of Texas submitted the
application for NPDES oil and gas
authorization pursuant to Section 402(b)
of the CWA, seeking approval for the
TCEQ to implement a major category
partial NPDES program under Section
402(n)(3) of the Act. In accordance with
CWA section 402(b), 33 U.S.C. 1342(b),
and NPDES regulations at 40 CFR part
123, the EPA shall approve a State’s
application for program approval unless
adequate authority does not exist as
required by the CWA.
3. What is the EPA’s authority for taking
this action?
CWA section 402 established the
NPDES permitting program and gives
the EPA authority to approve state
NPDES programs. 33 U.S.C. 1342(b).
CWA section 402(n)(3) authorizes the
EPA to approve a Major Category Partial
Permit Program covering administration
of a major category of discharges if ‘‘(A)
such program represents a complete
permit program and covers all of the
discharges under the jurisdiction of a
department or agency of the State; and
(B) the Administrator determines that
the partial program represents a
significant and identifiable part of the
State program required by subsection
(b).’’ 33 U.S.C. 1342(n)(3).
State Permit Program Approval:
Section 402 of the CWA, 33 U.S.C. 1342,
created the NPDES program under
which the EPA may issue permits
authorizing the point source discharge
of pollutants to waters of the United
States under conditions required by the
Act. CWA Section 402(b), 33 U.S.C.
1342(b), provides that the EPA shall
approve a State’s request to administer
its own permit program provided the
State has appropriate legal authority and
a state program that meets the Act’s
requirements. The regulatory
requirements for state program
submissions and for EPA state program
approval are set forth in 40 CFR part 123
(https://www.ecfr.gov/).
Decision Process: Pursuant to 40 CFR
123.61(b), the EPA must approve or
disapprove Texas’ application for
NPDES oil and gas authorization within
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
76075
90 days of receipt of a complete program
submission, unless this review period is
extended by mutual agreement between
the EPA and the State pursuant to 40
CFR 123.21(d). Under CWA § 402(b) and
40 CFR part 123, the State must show,
among other things that it has the
authority to issue permits that comply
with the Act, authority to impose civil
and criminal penalties for permit
violations, and authority to ensure that
the public is given notice and an
opportunity for a hearing on each
proposed permit. Once the State’s
request for program approval is declared
complete, the CWA and its
implementing regulations require the
EPA to provide notice of the State’s
application and allow a comment period
of at least 45 days during which the
public may express their views on the
proposed State program. The EPA’s
public notice of the application must
also provide notice of a public hearing
to be held no less than 30 days after
publication of the notice. See 40 CFR
123.61.
After the close of the public comment
period, the EPA will determine whether
to approve or disapprove the State’s
application based on the requirements
of section 402(b) of the CWA and 40
CFR part 123. If the EPA approves the
State’s program, the Regional
Administrator of EPA Region 6 will so
notify the State and sign the proposed
Memorandum of Agreement between
the EPA and the TCEQ (MOA). If
approved, notice of the approval will be
published in the Federal Register and,
as of the date of program approval, the
EPA will suspend issuance of NPDES
permits for oil and gas discharges in
Texas. If the EPA disapproves Texas’
application for NPDES oil and gas
authorization, the State will be notified
of the reasons for disapproval and of
any revisions or modifications to the
program that are necessary to obtain
approval. The EPA will not make a final
decision on whether to approval or
disapprove Texas’ application until
after: (1) Consideration of all public
comments provided during the public
comment period, including those
submitted at the public hearing, and the
preparation of a responsiveness
summary and (2) completion of
government to government tribal
consultations, as requested, with
federally recognized tribes in Texas.
Summary of the State’s Application/
Proposed Program: By letter dated
October 9, 2020, and received by the
EPA on October 12, 2020, the Governor
of the State of Texas submitted a request
for NPDES program authorization for oil
and gas discharges in Texas. The request
is for approval of a Major Category
E:\FR\FM\27NON1.SGM
27NON1
jbell on DSKJLSW7X2PROD with NOTICES
76076
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices
Partial Permit Program under CWA
section 402(n)(3) covering
administration of a major category of
discharges within the State. The State’s
NPDES oil and gas program, if
approved, would be administered by the
TCEQ. The TCEQ currently implements
an approved partial NPDES permitting
program, the Texas Pollutant Discharge
Elimination System (TPDES) program,
for discharges to waters of the State in
accordance with Clean Water Act
§ 402(n)(3). However, when TCEQ was
granted authority by the EPA in 1998 to
administer the NPDES program for
discharges under its jurisdiction, oil and
gas discharges were regulated by the
Railroad Commission of Texas (RRC)
and thus were not included as part of
the approved TPDES program. As a
result, EPA is the permitting authority
for oil and gas discharges in Texas. In
2019, House Bill 2771, 86th Texas
Legislature, amended Texas Water Code
§ 26.131 to transfer jurisdiction of
discharges of produced water,
hydrostatic test water, and gas plant
effluent into water in the state from the
RRC to the TCEQ upon NPDES program
authorization from the EPA for such
discharges. A copy of Texas Water Code
§ 26.131 is attached as Attachment A to
the State’s application.
In accordance with 40 CFR 123.21,
the State’s application includes the
following 5 elements: (1) A letter from
the Governor requesting program
approval; (2) A complete program
description, as required by 40 CFR
123.22, describing how the State intends
to carry out its responsibilities under
the Act and its implementing
regulations; (3) An Attorney General’s
statement as required by 40 CFR 123.23;
(4) A Memorandum of Agreement
(MOA) with the Regional Administrator
as required by 40 CFR 123.24; and (5)
Copies of all applicable State statutes
and regulations, including those
governing State administrative
procedures.
A complete program description is
included as Attachment E to the State’s
submission. The program description is
divided into four (4) chapters:
• Overview of the TCEQ, as required
by 40 CFR 123.22(a) and (b);
• Oil and Gas Permitting Program
Description, as required by 40 CFR
123.22(c), (d) and (g);
• Oil and Gas Enforcement Program
Description, as required by 40 CFR
123.22(d), (e) and (g); and
• Program Costs and Funding
Description, as required by 40 CFR
123.22(b)(1)-(3).
A Statement of Legal Authority,
signed by the Texas Attorney General, is
included as Attachment C to the State’s
VerDate Sep<11>2014
19:29 Nov 25, 2020
Jkt 253001
submission. The Statement of Legal
Authority outlines the TCEQ’s legal
authority to regulate the discharge of
produced water, hydrostatic test water,
and gas plant effluent into water in the
state resulting from oil and gas activities
upon NPDES program authorization
from the EPA. The Statement of Legal
authority notes that when House Bill
2771 became effective, the term
‘‘produced water’’ was not defined in
State rules or statutes. For the purposes
of the TCEQ’s implementation of
amended Tex. Water Code § 26.131, the
TCEQ defined the term ‘‘produced
water’’ in 30 Tex. Admin. Code
§ 305.541(b) as ‘‘all wastewater
associated with oil and gas exploration,
development, and production activities,
except hydrostatic test water and gas
plant effluent, that is discharged into
water in the state, including waste
streams regulated by 40 CFR part 435.’’
Through the Statement of Legal
Authority, the Texas Attorney General
certifies that amended Tex. Water Code
§ 26.131, in conjunction with the
definition of produced water in 30 Tex.
Admin. Code § 305.541(b) and the
TCEQ’s existing authority to issue
permits for the discharge of pollutants
into water in the state in Tex. Water
Code § 26.121, provides the TCEQ with
authority to issue TPDES permits for the
discharge of all oil and gas wastewater
into water in the State in Texas.
The MOA between the TCEQ and the
EPA Region 6 concerning the TPDES
program and a MOA Addendum to
address oil and gas discharges are
included as Attachment D to the State’s
submission. The MOA Addendum
recognizes that one of the most
important goals for transferring NPDES
program authority to Texas for oil and
gas discharge permitting, compliance
monitoring and enforcement is to
promote and facilitate the expeditious
transformation of federal NPDES and
state permits into one TPDES permit.
The MOA Addendum describes in
detail the permitting, compliance
monitoring and enforcement authority
that will transfer to the TCEQ on the
date of program authorization. Upon
authorization, jurisdiction for EPA
issued oil and gas permits and primary
enforcement authority for oil and gas
discharges within the State will be
transferred to the TCEQ, with certain
limited exceptions. The MOA
Addendum describes in detail those
exceptions, i.e., permits and
enforcement actions for which the EPA
will initially retain jurisdiction, such as
permits for which appeals are pending
or enforcement actions that are
currently ongoing. The MOA
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
Addendum also details the actions that
will trigger transfer of jurisdiction for
those permits and enforcement actions
to TCEQ, for example resolution of the
permit appeal or resolution of the
ongoing enforcement action.
Copies of all applicable State statutes
and regulations, as well as TCEQ
Operating Policies and Procedures, are
included as Attachment F to the State’s
submission. Please note that TCEQ
adopted by reference EPA’s Oil and Gas
Effluent Limitation Guidelines (40 Code
of Federal Regulations (CFR) Part 435).
On November 5, 2020, the TCEQ
submitted revised language to
Attachment E—Ch 3 Enforcement
Program Description for clarification
purposes. The revised language does not
affect substantive changes to the State’s
program submission. The revised
language clarifies that TCEQ’s existing
spill response program has been
evaluated and determined to be
adequate for the inclusion of wastewater
spills from oil and gas operations
subject to the NPDES program. Upon the
EPA’s approval of the State’s request for
NPDES authority for oil and gas
discharges, primary enforcement
authority for such spills and releases
will transfer to the TCEQ. Spills or
releases of hydrocarbons subject to the
Oil Pollution Act are not subject to the
NPDES program. The EPA’s authority to
address releases of hydrocarbons to
waters of the United States under the
Oil Pollution Act cannot be delegated to
states and the TCEQ will continue to
refer incidents to the EPA as the
regulatory authority for the Oil
Pollution Act.
The EPA determined that the State’s
October 12, 2020 program submission,
including the November 5, 2020
clarification, constituted a complete
package under 40 CFR 123.21, and a
letter of completeness was sent to the
State on November 12, 2020. Pursuant
to 40 CFR 123.21, within 90 days of the
EPA’s receipt of the State’s complete
program submission, or by January 11,
2021, the EPA must approve or
disapprove the program based on the
requirements of CWA § 402(b) and 40
CFR part 123 and taking into
consideration all comments received,
unless this review period is extended by
mutual agreement between the EPA and
the State pursuant to 40 CFR 123.21(d).
Authority: This action is taken under the
authority of section 402 of the Clean Water
Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by
the State of Texas for approval to administer
the NPDES program for discharges from oil
and gas activities within the State, in
accordance with 40 CFR 123.61.
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices
Dated: November 19, 2020.
David Gray,
Acting Regional Administrator, Region 6.
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2018–0435; FRL–10017–
14]
[FR Doc. 2020–26038 Filed 11–25–20; 8:45 am]
BILLING CODE 6560–50–P
Di-isodecyl Phthalate (DIDP); Draft
Scope of the Risk Evaluation to be
Conducted Under the Toxic
Substances Control Act (TSCA); Notice
of Availability and Request for
Comments
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–9054–1]
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed November 16, 2020 10 a.m. EST
Through November 20, 2020 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air
Act requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
jbell on DSKJLSW7X2PROD with NOTICES
EIS No. 20200238, Draft, USFS, OR,
Stella Restoration Project, Comment
Period Ends: 01/12/2021, Contact:
Elizabeth Bly 541–560–3465.
EIS No. 20200239, Draft, USCG, TX,
Texas Gulflink Deepwater Port
License Application, Comment Period
Ends: 01/11/2021, Contact: Brad
McKitrick 202–372–1443.
EIS No. 20200240, Final, USFWS, REG,
Regulations Governing Take of
Migratory Birds, Review Period Ends:
12/28/2020, Contact: Lesley Kordella
703–963–1729.
EIS No. 20200241, Final, BLM, PRO,
Final Programmatic EIS for Fuels
Reduction and Rangeland Restoration
in the Great Basin, Review Period
Ends: 12/28/2020, Contact: Shannon
Bassista 208–373–3845.
EIS No. 20200242, Draft, USACE, VA,
Surry To Skiffes Creek To Whealton
Transmission Project, Comment
Period Ends: 01/11/2021, Contact:
Randy Steffey 757–201–7579.
Dated: November 20, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2020–26179 Filed 11–25–20; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
19:29 Nov 25, 2020
Jkt 253001
The Environmental Protection
Agency (EPA) is announcing the
availability of and soliciting public
comment on the draft scope document
for the risk evaluation to be conducted
for di-isodecyl phthalate (DIDP) (1,2benzenedicarboxylic acid, 1,2diisodecyl ester and 1,2benzenedicarboxylic acid, di-C9-11branched alkyl esters, C10-rich;
Chemical Abstracts Service Registry
Number (CASRN) 26761–40–0 and
CASRN 68515–49–1), a category of
chemical substances for which EPA
received a manufacturer request for risk
evaluation. The draft scope document
for this category of chemical substances
includes the conditions of use, hazards,
exposures, and the potentially exposed
or susceptible subpopulations EPA
plans to consider in conducting the risk
evaluation for this category of chemical
substances. EPA is also asking the
public to provide additional data or
information that could be useful to the
Agency in finalizing the scope of the
risk evaluation.
DATES: Comments must be received on
or before January 11, 2021.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0435,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
SUMMARY:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
76077
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Collin Beachum, Existing Chemical Risk
Assessment Division (Mailcode E205–
02), Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 109 T.W. Alexander Drive,
RTP, NC 27711; telephone number:
(919) 541–7554; email address:
beachum.collin@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general and may be of interest to
entities that manufacture (including
import) a chemical substance regulated
under TSCA (e.g., entities identified
under North American Industrial
Classification System (NAICS) codes
325 and 324110). The action may also
be of interest to chemical processors,
distributors in commerce, and users;
non-governmental organizations in the
environmental and public health
sectors; state and local government
agencies; and members of the public.
Since other entities may also be
interested, the Agency has not
attempted to describe all the specific
entities and corresponding NAICS codes
for entities that may be interested in or
affected by this action.
B. What is the Agency’s authority for
taking this action?
The draft scope document is issued
pursuant to TSCA section 6(b) and
EPA’s implementing regulations at 40
CFR 702.41(c)(7).
C. What action is the Agency taking?
EPA is publishing the draft scope of
the risk evaluation for DIDP under
TSCA. Through the risk evaluation
process, EPA will determine whether
the category of chemical substances
presents an unreasonable risk of injury
to health or the environment under the
conditions of use, as determined by the
Administrator, in accordance with
TSCA section 6(b)(4).
II. Background
TSCA allows chemical manufacturers
to request an EPA-conducted risk
evaluation of a chemical under 40 CFR
702.37. On May 24, 2019, EPA received
a manufacturer request for a risk
E:\FR\FM\27NON1.SGM
27NON1
]]>Agencies
[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76073-76077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26038]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R06-OW-2020-0608; FRL-10017-34-Region 6]
Public Notice of State of Texas' Submittal to EPA of Request for
Partial National Pollutant Discharge Elimination System (NPDES) Program
Authorization for Oil and Gas Discharges
AGENCY: Environmental Protection Agency (EPA).
[[Page 76074]]
ACTION: Notice of availability; request for comment; notice of public
hearing.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (EPA),
Region 6 is requesting comments on and will hold a public hearing for
the State of Texas' application for National Pollutant Discharge
Elimination System (NPDES) authority for discharges from produced
water, hydrostatic test water and gas plant effluent, hereafter
referred to as oil and gas discharges, within the State of Texas
(``application for NPDES oil and gas authorization'' or ``the
application''). The Governor of Texas submitted the application for
NPDES oil and gas authorization, seeking approval for the Texas
Commission on Environmental Quality (TCEQ) to implement a major
category partial NPDES program as provided for under the Clean Water
Act (CWA or ``the Act''). Today, the EPA is providing public notice of
the State's submittal of the application for NPDES oil and gas
authorization and of both a public hearing and public comment period on
the State's submission. The EPA will either approve or disapprove the
State's request for program authorization after considering all
comments received. If approved, the NPDES authority for oil and gas
discharges within the State of Texas will transfer from the EPA to the
TCEQ upon the date of program approval.
DATES: Comments must be received on or before January 11, 2021. The EPA
Region 6 will hold a virtual informational public meeting, followed by
a virtual public hearing no sooner than 30 days after the date of this
notice. Please refer to the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section for additional information on how to
submit comments and for specifics regarding the date, times, and how to
register for the public meeting and public hearing.
ADDRESSES: You may submit comments identified by Docket No. EPA-R06-OW-
2020-0608 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
To View and/or Obtain Copies of Documents. A copy of the
application and related documents may be viewed or downloaded, at no
cost, from the EPA website at https://www.epa.gov/publicnotices/notices-search/location/Texas or https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Kilty Baskin, EPA Region 6 Office,
NPDES/Wetland Review Section (R6 WD-PN), 214-665-7500,
[email protected].
SUPPLEMENTARY INFORMATION:
A. Public Participation
1. How can I get copies of this document and other related information?
You may access this Federal Register Notice document electronically
at the EPA's website, https://www.epa.gov/publicnotices/notices-search/location/Texas or https://www.regulations.gov.
2. How and to whom do I submit comment?
We encourage the public to submit comments electronically as
described in the ADDRESSES Section of this notice, as there may be a
delay in processing mail and hand deliveries will be accepted by
appointment only due to public health concerns related to COVID-19.
Please submit your comments within the specified time period cited
in the DATES section of this document. Comments received after the
close of the comment period will be marked ``late''. The EPA is not
required to consider these late comments. All comments received by the
EPA in accordance with this section by the ending date of the comment
period and/or presented at the public hearing will be considered by the
EPA before a final decision is made regarding program approval.
3. How do I participate in the informational public meeting and/or
public hearing?
Informational Public Meeting: The informational public meeting will
be held virtually and will include a technical overview of the State's
proposed NPDES oil and gas program, as well as an opportunity for
questions and answers. The TCEQ will participate with the EPA during
this meeting. Questions or comments made during the informational
meeting will not be entered into the official record. Comments for the
official record must be made in accordance with the public hearing
procedures and/or submitted to the EPA as written comments before the
end of the comment period. To register to attend the virtual public
meeting, please refer to the online registration form available via
links regarding the Texas Program Authorization notice at https://www.epa.gov/publicnotices/notices-search/location/Texas. The last day
to pre-register for the public meeting will be 3 working days prior
before the meeting date
Public Hearing: Please note that the EPA is deviating from its
typical approach because the President has declared a national
emergency. Because of current CDC recommendations, as well as state and
local orders for social distancing to limit the spread of COVID-19, the
EPA cannot hold in-person public meetings at this time. As a result,
the public hearing will be held virtually. The public hearing will be
conducted in accordance with the provisions of 40 CFR 124.12, and will
provide interested parties with the opportunity to give written and/or
oral testimony into the official record.
The EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
attend or speak at the virtual public hearing, please refer to the
online registration form available via links regarding the Texas
Program Authorization notice at https://www.epa.gov/publicnotices/notices-search/location/Texas to register to speak at the virtual
hearing. The last day to pre-register to speak at the hearing will be 3
working days prior before the hearing date. Prior to the hearing, EPA
will post a general agenda for the hearing that will list pre-
registered speakers in approximate order at the Texas Program
Authorization Notice page accessible from: https://www.epa.gov/publicnotices/notices-search/location/Texas
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearing to run either ahead of schedule or behind schedule.
The EPA encourages commenters to provide the EPA with a copy of
their oral testimony electronically (via email) by emailing it to
[email protected]. The EPA also recommends submitting the text
of your oral
[[Page 76075]]
comments as written comments to the official docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing is
posted online at https://www.epa.gov/publicnotices/notices-search/location/Texas. While the EPA expects the hearing to go forward as set
forth above, please monitor our website or contact Ms. Evelyn
Rosborough, 214-665- 7515, or email: [email protected] to
determine if there are any updates. The EPA does not intend to publish
a document in the Federal Register announcing updates.
If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing at https://www.epa.gov/publicnotices/notices-search/location/Texas, and describe your needs one week before the date of the hearing.
Please note that the EPA may not be able to arrange accommodations.
B. General Information
1. Does this action apply to me?
Entities potentially affected by this action include the regulated
oil and gas community and citizens within the State of Texas. If
authorized, the TCEQ will implement the NPDES permitting, compliance
monitoring and enforcement program for oil and gas activities in Texas.
The TCEQ's authority will apply on land within the State of Texas and
extend 3.0 statute miles (1 statute mile equals 5280 feet) offshore
into the Gulf of Mexico. The EPA retains jurisdiction for discharges
more than 3 statute miles offshore in the Gulf of Mexico. Thus, CWA oil
and gas exploration and production related discharges in these waters
remain subject to the EPA's Outer Continental Shelf of the Gulf of
Mexico General Permit (GMG290000). In addition, spills or releases of
hydrocarbons subject to the Oil Pollution Act are not subject to the
NPDES program. The EPA's authority to address releases of hydrocarbons
to waters of the United States under the Oil Pollution Act cannot be
delegated to states and TCEQ will continue to refer incidents to EPA as
the regulatory authority for the Oil Pollution Act. The TCEQ NPDES
program does not apply in areas of Indian country as defined in 18
U.S.C. 1151. The EPA retains jurisdiction over discharges in these
areas. If you have any questions regarding the applicability of this
action to a particular entity, please contact Ms. Kilty Baskin at 214-
665-7500, [email protected].
2. What action is the EPA taking?
The EPA is providing notice of the State of Texas' request for
partial NPDES program authorization for oil and gas discharges within
the State. The Governor of Texas submitted the application for NPDES
oil and gas authorization pursuant to Section 402(b) of the CWA,
seeking approval for the TCEQ to implement a major category partial
NPDES program under Section 402(n)(3) of the Act. In accordance with
CWA section 402(b), 33 U.S.C. 1342(b), and NPDES regulations at 40 CFR
part 123, the EPA shall approve a State's application for program
approval unless adequate authority does not exist as required by the
CWA.
3. What is the EPA's authority for taking this action?
CWA section 402 established the NPDES permitting program and gives
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
CWA section 402(n)(3) authorizes the EPA to approve a Major Category
Partial Permit Program covering administration of a major category of
discharges if ``(A) such program represents a complete permit program
and covers all of the discharges under the jurisdiction of a department
or agency of the State; and (B) the Administrator determines that the
partial program represents a significant and identifiable part of the
State program required by subsection (b).'' 33 U.S.C. 1342(n)(3).
State Permit Program Approval: Section 402 of the CWA, 33 U.S.C.
1342, created the NPDES program under which the EPA may issue permits
authorizing the point source discharge of pollutants to waters of the
United States under conditions required by the Act. CWA Section 402(b),
33 U.S.C. 1342(b), provides that the EPA shall approve a State's
request to administer its own permit program provided the State has
appropriate legal authority and a state program that meets the Act's
requirements. The regulatory requirements for state program submissions
and for EPA state program approval are set forth in 40 CFR part 123
(https://www.ecfr.gov/).
Decision Process: Pursuant to 40 CFR 123.61(b), the EPA must
approve or disapprove Texas' application for NPDES oil and gas
authorization within 90 days of receipt of a complete program
submission, unless this review period is extended by mutual agreement
between the EPA and the State pursuant to 40 CFR 123.21(d). Under CWA
Sec. 402(b) and 40 CFR part 123, the State must show, among other
things that it has the authority to issue permits that comply with the
Act, authority to impose civil and criminal penalties for permit
violations, and authority to ensure that the public is given notice and
an opportunity for a hearing on each proposed permit. Once the State's
request for program approval is declared complete, the CWA and its
implementing regulations require the EPA to provide notice of the
State's application and allow a comment period of at least 45 days
during which the public may express their views on the proposed State
program. The EPA's public notice of the application must also provide
notice of a public hearing to be held no less than 30 days after
publication of the notice. See 40 CFR 123.61.
After the close of the public comment period, the EPA will
determine whether to approve or disapprove the State's application
based on the requirements of section 402(b) of the CWA and 40 CFR part
123. If the EPA approves the State's program, the Regional
Administrator of EPA Region 6 will so notify the State and sign the
proposed Memorandum of Agreement between the EPA and the TCEQ (MOA). If
approved, notice of the approval will be published in the Federal
Register and, as of the date of program approval, the EPA will suspend
issuance of NPDES permits for oil and gas discharges in Texas. If the
EPA disapproves Texas' application for NPDES oil and gas authorization,
the State will be notified of the reasons for disapproval and of any
revisions or modifications to the program that are necessary to obtain
approval. The EPA will not make a final decision on whether to approval
or disapprove Texas' application until after: (1) Consideration of all
public comments provided during the public comment period, including
those submitted at the public hearing, and the preparation of a
responsiveness summary and (2) completion of government to government
tribal consultations, as requested, with federally recognized tribes in
Texas.
Summary of the State's Application/Proposed Program: By letter
dated October 9, 2020, and received by the EPA on October 12, 2020, the
Governor of the State of Texas submitted a request for NPDES program
authorization for oil and gas discharges in Texas. The request is for
approval of a Major Category
[[Page 76076]]
Partial Permit Program under CWA section 402(n)(3) covering
administration of a major category of discharges within the State. The
State's NPDES oil and gas program, if approved, would be administered
by the TCEQ. The TCEQ currently implements an approved partial NPDES
permitting program, the Texas Pollutant Discharge Elimination System
(TPDES) program, for discharges to waters of the State in accordance
with Clean Water Act Sec. 402(n)(3). However, when TCEQ was granted
authority by the EPA in 1998 to administer the NPDES program for
discharges under its jurisdiction, oil and gas discharges were
regulated by the Railroad Commission of Texas (RRC) and thus were not
included as part of the approved TPDES program. As a result, EPA is the
permitting authority for oil and gas discharges in Texas. In 2019,
House Bill 2771, 86th Texas Legislature, amended Texas Water Code Sec.
26.131 to transfer jurisdiction of discharges of produced water,
hydrostatic test water, and gas plant effluent into water in the state
from the RRC to the TCEQ upon NPDES program authorization from the EPA
for such discharges. A copy of Texas Water Code Sec. 26.131 is
attached as Attachment A to the State's application.
In accordance with 40 CFR 123.21, the State's application includes
the following 5 elements: (1) A letter from the Governor requesting
program approval; (2) A complete program description, as required by 40
CFR 123.22, describing how the State intends to carry out its
responsibilities under the Act and its implementing regulations; (3) An
Attorney General's statement as required by 40 CFR 123.23; (4) A
Memorandum of Agreement (MOA) with the Regional Administrator as
required by 40 CFR 123.24; and (5) Copies of all applicable State
statutes and regulations, including those governing State
administrative procedures.
A complete program description is included as Attachment E to the
State's submission. The program description is divided into four (4)
chapters:
Overview of the TCEQ, as required by 40 CFR 123.22(a) and
(b);
Oil and Gas Permitting Program Description, as required by
40 CFR 123.22(c), (d) and (g);
Oil and Gas Enforcement Program Description, as required
by 40 CFR 123.22(d), (e) and (g); and
Program Costs and Funding Description, as required by 40
CFR 123.22(b)(1)-(3).
A Statement of Legal Authority, signed by the Texas Attorney
General, is included as Attachment C to the State's submission. The
Statement of Legal Authority outlines the TCEQ's legal authority to
regulate the discharge of produced water, hydrostatic test water, and
gas plant effluent into water in the state resulting from oil and gas
activities upon NPDES program authorization from the EPA. The Statement
of Legal authority notes that when House Bill 2771 became effective,
the term ``produced water'' was not defined in State rules or statutes.
For the purposes of the TCEQ's implementation of amended Tex. Water
Code Sec. 26.131, the TCEQ defined the term ``produced water'' in 30
Tex. Admin. Code Sec. 305.541(b) as ``all wastewater associated with
oil and gas exploration, development, and production activities, except
hydrostatic test water and gas plant effluent, that is discharged into
water in the state, including waste streams regulated by 40 CFR part
435.'' Through the Statement of Legal Authority, the Texas Attorney
General certifies that amended Tex. Water Code Sec. 26.131, in
conjunction with the definition of produced water in 30 Tex. Admin.
Code Sec. 305.541(b) and the TCEQ's existing authority to issue
permits for the discharge of pollutants into water in the state in Tex.
Water Code Sec. 26.121, provides the TCEQ with authority to issue
TPDES permits for the discharge of all oil and gas wastewater into
water in the State in Texas.
The MOA between the TCEQ and the EPA Region 6 concerning the TPDES
program and a MOA Addendum to address oil and gas discharges are
included as Attachment D to the State's submission. The MOA Addendum
recognizes that one of the most important goals for transferring NPDES
program authority to Texas for oil and gas discharge permitting,
compliance monitoring and enforcement is to promote and facilitate the
expeditious transformation of federal NPDES and state permits into one
TPDES permit. The MOA Addendum describes in detail the permitting,
compliance monitoring and enforcement authority that will transfer to
the TCEQ on the date of program authorization. Upon authorization,
jurisdiction for EPA issued oil and gas permits and primary enforcement
authority for oil and gas discharges within the State will be
transferred to the TCEQ, with certain limited exceptions. The MOA
Addendum describes in detail those exceptions, i.e., permits and
enforcement actions for which the EPA will initially retain
jurisdiction, such as permits for which appeals are pending or
enforcement actions that are currently ongoing. The MOA Addendum also
details the actions that will trigger transfer of jurisdiction for
those permits and enforcement actions to TCEQ, for example resolution
of the permit appeal or resolution of the ongoing enforcement action.
Copies of all applicable State statutes and regulations, as well as
TCEQ Operating Policies and Procedures, are included as Attachment F to
the State's submission. Please note that TCEQ adopted by reference
EPA's Oil and Gas Effluent Limitation Guidelines (40 Code of Federal
Regulations (CFR) Part 435).
On November 5, 2020, the TCEQ submitted revised language to
Attachment E--Ch 3 Enforcement Program Description for clarification
purposes. The revised language does not affect substantive changes to
the State's program submission. The revised language clarifies that
TCEQ's existing spill response program has been evaluated and
determined to be adequate for the inclusion of wastewater spills from
oil and gas operations subject to the NPDES program. Upon the EPA's
approval of the State's request for NPDES authority for oil and gas
discharges, primary enforcement authority for such spills and releases
will transfer to the TCEQ. Spills or releases of hydrocarbons subject
to the Oil Pollution Act are not subject to the NPDES program. The
EPA's authority to address releases of hydrocarbons to waters of the
United States under the Oil Pollution Act cannot be delegated to states
and the TCEQ will continue to refer incidents to the EPA as the
regulatory authority for the Oil Pollution Act.
The EPA determined that the State's October 12, 2020 program
submission, including the November 5, 2020 clarification, constituted a
complete package under 40 CFR 123.21, and a letter of completeness was
sent to the State on November 12, 2020. Pursuant to 40 CFR 123.21,
within 90 days of the EPA's receipt of the State's complete program
submission, or by January 11, 2021, the EPA must approve or disapprove
the program based on the requirements of CWA Sec. 402(b) and 40 CFR
part 123 and taking into consideration all comments received, unless
this review period is extended by mutual agreement between the EPA and
the State pursuant to 40 CFR 123.21(d).
Authority: This action is taken under the authority of section
402 of the Clean Water Act as amended, 33 U.S.C. 1342. I hereby
provide public notice of the application by the State of Texas for
approval to administer the NPDES program for discharges from oil and
gas activities within the State, in accordance with 40 CFR 123.61.
[[Page 76077]]
Dated: November 19, 2020.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2020-26038 Filed 11-25-20; 8:45 am]
BILLING CODE 6560-50-P
