[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59687-59704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29152]
[[Page 59687]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5916-6]
Final NPDES General Permit for Discharge From New and Existing
Sources in the Offshore Subcategory of the Oil and Gas Extraction
Category for the Territorial Seas of Louisiana (LAG260000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final issuance of NPDES general permit.
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SUMMARY: Region 6 of the United States Environmental Protection Agency
(EPA) today issues a National Pollutant Discharge Elimination System
(NPDES) General Permit for the Oil and Gas Extraction Point Source
Category, in the Territorial Seas of Louisiana. The permit authorizes
discharges from New Sources and Existing Sources in the Offshore
Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR
part 435, subpart A) located in and discharging pollutants to the
territorial seas of Louisiana. The discharge of produced water to the
Territorial Seas of Louisiana from Offshore Subcategory facilities
located in the Outer Continental Shelf (OCS) waters off Louisiana is
also covered by this permit.
DATES: All limits and monitoring requirements except the water quality
based limits and monitoring for toxicity, benzene, lead, total phenols,
and thallium shall become effective December 4, 1997. The water quality
based limits and monitoring shall become effective May 4, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202, Telephone: (214) 665 7516.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those which
operate offshore oil and gas extraction facilities located in the
territorial seas offshore of Louisiana.
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Examples of regulated
Category entities
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Industry.................................. Offshore Oil and Gas
Extraction Platforms.
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This table lists the types of entities that EPA is now aware could
potentially be regulated by this action. Other types of entities not
listed in the table could also be regulated. To determine whether your
[facility, company, business, organization, etc.] is regulated by this
action, you should carefully examine the applicability criteria in Part
I. Section A.1. of the general permit. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C.
1342, EPA proposed and solicited public comment on NPDES General Permit
LAG260000 at 61 FR 37746 (July 19, 1996). This permit was proposed to
address national effluent limitations guidelines promulgated March 4,
1993 and to reissue the general permit covering facilities located in
the territorial seas off the State of Louisiana which expired June 30,
1984. Notice of this proposed permit was also published in the New
Orleans Times Picayune on July 27, 1996. The comment period closed on
September 17, 1996.
Region 6 received comments from the Offshore Operators Committee,
American Petroleum Institute, Louisiana Department of Environmental
Quality, Willie R. Taylor--United States Department of Interior,
Abraham E. Haspel--United States Department of Energy, Flores & Rucks,
Inc., Exxon Company, U.S.A., and the Louisiana Mid-Continent Oil and
Gas Association.
EPA Region 6 has considered all comments received. In some
instances minor wording changes were made in the final permit in order
to clarify some points as a result of comments or to correct
typographical errors. In response to the comments received on the
proposed permit, the following substantive changes were made in the
final permit. Language showing that new sources are covered was added.
The critical dilution tables for toxicity limitations were recalculated
and expanded to account for additional discharge rates and pipe
diameters. Equations were added in place of the tables for determining
the limitations for benzene, lead, phenols, and thallium. A period of
six months was given to come into compliance with the water quality
based limits for produced water. Model input parameters for diffuser
modeling were updated based on site specific data. The table specifying
vertical separation between discharge ports has been updated to account
for greater volume discharges. Produced water discharges are prohibited
in some instances in accordance with State regulations (LAC
33:IX.708.C.2.c.iii, iv, and v.). Biochemical oxygen demand and total
suspended solids limitations and monitoring were added for sanitary
waste water discharges under 2,500 gallons per day, and chlorine
limitations were added for sanitary waste water discharges from
platforms which are manned by nine or fewer persons. 24-hour reporting
requirements and unauthorized discharge requirements were changed to
reflect State regulations. The permit requires operators to submit
notification of intent to be covered and discharge monitoring reports
to the State instead of EPA. The State's field designation is also
required to be included in notifications of intent to be covered. The
permit also no longer requires permittees to apply for the reissued
permit six months prior to the expiration date.
A copy of the Response to Comments may be obtained from Wilma
Turner at the address listed above.
Other Legal Requirements
Oil Spill Requirements
CWA section 311 prohibits the discharge of oil and hazardous
materials in harmful quantities. Discharges in compliance with NPDES
permit limits are excluded from this prohibition, but the final permit
neither precludes enforcement action for violations of CWA section 311
nor relieves permittees from any responsibilities, liabilities, or
penalties for other unauthorized discharges of oil or hazardous
materials subject to CWA section 311.
Endangered Species Act
As explained at 61 FR 37746, EPA has found that issuance of the
General Permit for the territorial seas off Louisiana will not
adversely affect any listed threatened or endangered species or
designated critical habitat and requested written concurrence on that
determination from the Department of Interior, Fish and Wildlife
Service. The Fish and Wildlife Service and National Marine Fisheries
Service provided such concurrence on the proposed General Permit for
Discharges from the Offshore Subcategory of the Oil and Gas Extraction
Point Source Category to the Territorial Seas of Louisiana (LAG260000).
Ocean Discharge Criteria Evaluation
At 61 FR 37746, EPA Region 6 determined that discharges in
compliance with the proposed general permit for the territorial seas of
Louisiana (LAG260000) would not cause unreasonable degradation of the
marine environment. No comments have been received which disagree with
that determination.
Environmental Impact Statement
EPA determined that issuance of the NPDES General Permit for
Discharges
[[Page 59688]]
from the Offshore subcategory of the Oil and Gas Extraction Category to
the Territorial Seas of Louisiana was a major Federal action
significantly affecting the quality of the human environment. Thus,
pursuant to the National Environmental Policy Act of 1969 (NEPA)
evaluation of the potential environmental consequences of the permit
action in the form of an Environmental Impact Statement (EIS) was
required.
On February 12, 1993, the U.S. Environmental Protection Agency
(EPA), Region 6, published a Notice of Intent in the Federal Register,
to prepare an Environmental Impact Statement (EIS) on its proposed New
Source NPDES General Permit for the Offshore Subcategory of the Oil &
Gas Extraction Category to the Territorial Seas of the Gulf of Mexico
off Texas and Louisiana. The 45-day public review and comment period
ended on March 16, 1994. A public hearing to receive comments on the
Draft EIS and NPDES permit was held March 16, 1994.
Although the Draft EIS evaluated the NPDES general permits for oil
and gas operations in the Territorial Seas of Texas and Louisiana, EPA
has not proposed a permit for the Territorial Seas of Texas; therefore,
the Final EIS only covers the Louisiana NPDES general permit. The Draft
EIS and Final EIS have been completed. EPA considered all information
gathered during the NEPA review including the impact analysis, comments
received on the Draft EIS and Final EIS, input received from the
scoping meeting and public hearing on the draft EIS, and other
information provided by interested parties during the EIS process.
Additionally, to address impacts relative to Federal and State
statutes, programs, and regulations, consultation was undertaken with
the Advisory Council on Historic Preservation, the U.S. Fish and
Wildlife Service, and the Louisiana Department of Environmental
Resources. Through this process EPA found no predicted unacceptable or
potentially significant adverse impacts, individually or cumulatively,
that were not subject to control through regulation or mitigation. The
record of Decision for that process was prepared and is planned to be
publicly noticed along with this final permit. Based on that Record of
Decision, EPA is issuing the General Permit for Discharges from the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category to the Territorial Seas of Louisiana.
Coastal Zone Management Act
The Region found the proposed general permit consistent with
Louisiana's approved Coastal Zone Management Plan and submitted that
determination and a copy of the proposed permit to the Coastal
Management Division of the Louisiana Department of Natural Resources
for certification. The Department of Natural Resources provided such
certification on August 22, 1996.
Marine Protection and Sanctuaries Act
The Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972
regulates the dumping of all types of materials into ocean waters and
establishes a permit program for ocean dumping. In addition the MPRSA
establishes the Marine Sanctuaries Program, implemented by the National
Oceanographic and Atmospheric Administration (NOAA), which requires
NOAA to designate ocean waters as marine sanctuaries for the purpose of
preserving or restoring their conservation, recreational, ecological or
aesthetic values. No marine sanctuaries designated under the Marine
Research and Sanctuaries Act exist in the area to which this permit
applies.
State Water Quality Certification
Under section 401(a)(1) of the Act, EPA may not issue an NPDES
permit until the State in which the discharge will originate grants or
waives certification to ensure compliance with appropriate requirements
of the Act and State law. Section 301(b)(1)(C) of the Act requires that
NPDES permits contain conditions that ensure compliance with applicable
State water quality standards or limitations. The proposed permit
contains limitations intended to ensure compliance with State water
quality standards and has been determined by EPA Region 6 to be
consistent with Louisiana's water quality standards and the
corresponding implementation plan. The Region solicited certification
of the permit from the Louisiana Department of Environmental Quality at
the time it was proposed.
On September 25, 1996 the State submitted a conditional letter
certifying that discharges in accordance with the permit will not
violate water quality standards. That certification was modified with a
letter the State submitted on September 19, 1997. The four conditions
of certification LDEQ included in those letters are:
1. The discharge of produced water onto any intermittently exposed
sediment surface is prohibited (LAC 33:IX.708.C.2.c.iii).
2. Produced water shall not be discharged within the boundaries of
any State or Federal wildlife management area, refuge or park or into
any water body determined by the Water Pollution Control Division to be
of special ecological significance (LAC 33:IX.708.C.2.c.iv).
3. Produced water shall not be discharged within 1,300 feet (via
water) of an active oyster lease, live natural oyster or other
molluscan reef, designated oyster seed bed, or sea grass bed. No
produced water shall be discharged in a manner that, at any time,
facilitates the incorporation of significant quantities of hydrocarbons
or radio nuclides into sediment or biota (LAC 33:IX.708.C.2.c.v).
4. Sanitary waste discharges with an average daily flow of less
than 2,500 gallons per day shall not exceed a weekly average of 45 mg/l
for a five day biochemical oxygen demand and for total suspended solids
(LAC 33:IX.709.B & LAC 33:IX.711.C).
Those changes have been incorporated in the final permit as
required.
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from the review requirements of Executive Order 12291 pursuant to
section 8(b) of that order. Guidance on Executive Order 12866 contains
the same exemptions on OMB review as existed under Executive Order
12291. In fact, however, EPA prepared a regulatory impact analysis in
connection with its promulgation of the guidelines on which a number of
the permit's provisions are based and submitted it to OMB for review.
(See 58 FR 12494, March 4, 1993.)
Paperwork Reduction Act
The information collection required by this permit has been
approved by the Office of Management and Budget (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 (discharge
monitoring reports).
Since this permit is very similar in reporting and application
requirements and in discharges which are required to be monitored as
the Western Gulf of Mexico Outer Continental Shelf (OCS) general permit
(GMG290000) the paperwork burdens are expected to be nearly identical.
When it issued the 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
[[Page 59689]]
prepare discharge monitoring reports. It is estimated that the time
required to prepare the request for coverage and discharge monitoring
reports for this permit will be the same.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires that
EPA prepare a regulatory flexibility analysis for regulations that have
a significant impact on a substantial number of small entities. As
indicated below, the permit issued today is not a ``rule'' subject to
the Regulatory Flexibility Act. EPA prepared a regulatory flexibility
analysis, however, on the promulgation of the Offshore Subcategory
guidelines on which many of the permit's effluent limitations are
based. That analysis shows that issuance of this permit will not have a
significant impact on a substantial number of small entities.
Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), P.L. 104-4,
generally requires Federal agencies to assess the effects of their
``regulatory actions'' on State, local, and tribal governments and the
private sector. UMRA uses the term ``regulatory actions'' to refer to
regulations. (See, e.g., UMRA section 201, ``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)'' (emphasis added).) UMRA section 102 defines
``regulation'' by reference to section 658 of Title 2 of the U.S. Code,
which in turn defines ``regulation'' and ``rule'' by reference to
section 601(2) of the Regulatory Flexibility Act (RFA). That section of
the RFA defines ``rule'' as ``any rule for which the agency publishes a
notice of proposed rulemaking pursuant to section 553(b) of [the
Administrative Procedure Act (APA)], or any other law. * * *''
NPDES general permits are not ``rules'' under the APA and thus not
subject to the APA requirement to publish a notice of proposed
rulemaking. 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.''
Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
EPA has determined that the final permit would not contain a
Federal requirement that may result in expenditures of $100 million or
more for State, local and tribal governments, in the aggregate, or the
private sector in any one year.
The Agency also believes that the permit would not significantly
nor uniquely affect small governments. For UMRA purposes, ``small
governments'' is defined by reference to the definition of ``small
governmental jurisdiction'' under the RFA. (See UMRA section 102(1),
referencing 2 U.S.C. 658, which references section 601(5) of the RFA.)
``Small governmental jurisdiction'' means governments of cities,
counties, towns, etc., with a population of less than 50,000, unless
the agency establishes an alternative definition.
The final permit also would not uniquely affect small governments
because compliance with the proposed permit conditions affects small
governments in the same manner as any other entities seeking coverage
under the permit.
NPDES Permit LAG260000 is hereby issued as it appears below.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the Clean Water Act, as amended (33 U.S.C. 1251
et. seq., the ``Act''), operators of New Sources and existing sources
in the Offshore Subcategory of the Oil and Gas Extraction Point Source
Category which are located in lease blocks in the territorial seas of
Louisiana are authorized to discharge to the territorial seas of
Louisiana in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, and III
hereof. Also, operators of New Sources and existing sources in the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category which are located in lease blocks in the Outer Continental
Shelf off Louisiana are authorized to discharge produced water from
those lease blocks to the territorial seas of Louisiana in accordance
with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
Operators of lease blocks discharging within the area covered by
this general permit must submit written notification to the Director
that they intend to be covered (See Part I.A.2). Unless otherwise
notified in writing by the Director after submission of the
notification, owners or operators requesting coverage are authorized to
discharge under this general permit. Operators of lease blocks
discharging within the general permit area who fail to notify the
Director of intent to be covered by this general permit are not
authorized under this general permit to discharge pollutants from those
facilities.
Facilities which adversely affect properties listed or eligible for
listing in the National Register of Historic Places are also not
authorized to discharge under this permit.
This permit shall become effective at Midnight Central Daylight
Savings Time December 4, 1997.
This permit and the authorization to discharge shall expire at
midnight, Central Daylight Savings Time, December 4, 2002.
William B. Hathaway,
Director, Water Quality Protection Division, EPA Region 6.
Part I. Requirements for NPDES Permits
Section A. Permit Applicability and Coverage Conditions
1. Operations Covered
This permit establishes effluent limitations, prohibitions,
reporting requirements, and other conditions on discharges from oil and
gas facilities engaged in production, field exploration, developmental
drilling, well completion, and well treatment operations.
The permit coverage area consists of New Source and existing source
discharges in lease blocks located in the territorial seas of
Louisiana, which discharge to the territorial seas of Louisiana. In
addition, permit coverage consists of discharges of produced water from
lease blocks in the Outer Continental Shelf offshore of Louisiana which
are made to the territorial seas of Louisiana. This permit does not
authorize discharges from facilities defined as ``coastal'',
``onshore'', or ``stripper'' (see 40 CFR part 435, subparts C, D, and
E).
2. Notification Requirements
Written notification of intent to be covered including the legal
name and address of the operator, the lease block number assigned by
the state or the Department of Interior or, if none, the name commonly
assigned to the lease area, and the number and type of facilities
located within the lease block shall be submitted at least fourteen
days prior to the commencement of discharge. New Source facilities
shall be clearly identified as such in the notification. Operators
discharging within the area of coverage of this permit prior to permit
issuance shall submit notification of intent to be covered within 30
days after such issuance. If an application for an individual NPDES
permit has been previously submitted for the lease, the
[[Page 59690]]
notification shall include the application/permit number or the permit
number of any individual NPDES permit issued by EPA Region 6 for this
activity.
All notifications of intent to be covered and any subsequent
reports under this permit shall be sent to the following address:
Louisiana Department of Environmental Quality, Office of Water
Resources, Attn: Oil and Gas Permits Unit, 7290 Bluebonnet, P.O. Box
82215, Baton Rouge, Louisiana 70884-2215.
3. Termination of Operations
Lease block operators shall notify the Director within 60 days
after the permanent termination of discharges from their facilities
within the lease block.
4. Application for NPDES Individual Permit
a. Any operator authorized by this permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit. The operator shall submit an application together
with the reasons supporting the request to the Director.
b. When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to the owner or operator is automatically terminated on the
effective date of the individual permit.
Section B. Effluent Limitations and Monitoring Requirements
1. Drilling Fluids and Drill Cuttings
There shall be no discharge of drilling fluids or drill cuttings.
2. Deck Drainage
(a) Limitations
Free Oil. No free oil shall be discharged, as determined by the
visual sheen method on the surface of the receiving water. Monitoring
shall be performed once per day when discharging, during conditions
when an observation of a visual sheen on the surface of the receiving
water is possible in the vicinity of the discharge, and the facility is
manned. The number of days a sheen is observed must be recorded.
3. Produced Water
(a) Limitations
Oil and Grease. Produced water discharges must meet both a daily
maximum of 42 mg/l and a monthly average of 29 mg/l for oil and grease.
The sample type shall be either grab, or a 24-hour composite which
consists of the arithmetic average of the results of 4 grab samples
taken over a 24-hour period. If only one sample is taken for any one
month, it must meet both the daily and monthly limits. Samples shall be
collected prior to the addition of any seawater to the produced water
waste stream. The analytical method is that specified at 40 CFR part
136.
Benzene, Lead, Thallium, and Total Phenol. Produced water
discharges must meet the limits for benzene, lead, thallium, and total
phenol calculated using the following equations and the produced water
critical dilution shown in Appendix A, Table 1 of this permit.
Benzene
Daily Max.=(220.8 g/l / Critical Dilution) * 100
Monthly Avg.=(93 g/l / Critical Dilution) * 100
Total Lead
Daily Max.=(36.7 g/l / Critical Dilution) * 100
Monthly Avg.=(15.5 g/l / Critical Dilution) * 100
Total Thallium
Daily Max.=(19.6 g/l / Critical Dilution) * 100
Monthly Avg.=(8.3 g/l / Critical Dilution) * 100
Total Phenol
Daily Max.=(478 g/l / Critical Dilution) * 100
Monthly Avg.=(201 g/l / Critical Dilution) * 100
These limits and the associated monitoring requirements for
benzene, total lead, total thallium, and total phenol shall become
effective six months after the effective date of the permit.
The flow used to determine the critical dilution from the table
shall be the flow most recently reported on the discharge monitoring
report for the facility. Facilities which have not previously reported
produced water flow on the discharge monitoring report shall use the
most recent monthly average flow. The depth used to determine the
limits shall be the difference in water depth between the discharge
pipe and the sea floor or between the water's surface and the seafloor
if the produced water is discharged above the surface. The sample type
shall be grab. The analytical method is that specified at 40 CFR part
136. When seawater is added to the produced water waste stream prior to
discharge, the total produced water flow, including the added seawater,
shall be used in determining the critical dilution from Appendix A,
Table 1. Limitations for benzene, total lead, total phenol, and total
thallium shall become effective six months after the effective date of
this permit.
If any individual analytical test result is less than the minimum
quantification level listed below, a value of zero (0) may be used for
that individual result for the Discharge Monitoring Report (DMR)
calculations and reporting requirements.
Total Phenol (4AAP Method): 5 g/l
Thallium (Total): 10 g/l
Lead (Total): 5 g/l
Benzene: 10 g/l
Toxicity. Produced water discharges must show no observed effect
for the survival endpoint portion of the tests on a 7-day average
minimum and monthly average minimum basis as measured by the 7-day
chronic toxicity test. The No Observable Effect Concentration (NOEC)
must be equal to or greater than the critical dilution concentration
specified in Appendix A, Table 1 of this permit. Critical dilution
shall be determined using Table 1 of this permit and is based on the
discharge rate most recently reported on the discharge monitoring
report and the water depth between the discharge pipe and the seafloor
or between the surface and the seafloor if the discharge is made above
the water's surface. Facilities which have not previously reported
produced water flow on the discharge monitoring report shall use the
most recent monthly average flow for determining the critical dilution
from Table 1 of this permit. The monthly average minimum NOEC value is
defined as the arithmetic average of all 7-day average NOEC values
determined during the month. These limits and the associated monitoring
requirements for toxicity shall become effective six months after the
effective date of the permit.
Methods to Increase Dilution for Compliance with Limits for
Toxicity and Benzene, Lead, thallium, and Phenol. Permittees wishing to
increase mixing may use a horizontal diffuser, multiple port
discharges, or add seawater as follows:
Permittees using a horizontal diffuser shall install the diffuser
designed using CORMIX2. Both the numeric water quality-based limits and
the critical dilution for chronic toxicity testing shall be based on
the modeled dilution for the diffuser. The following input parameters
shall be used in modeling the critical dilution:
Density Gradient=0.182 sigma-t/m
Ambient seawater density at diffuser depth = 1017 kg/m3
Produced water density = 1070 kg/m3
Current speed = 10 cm/sec.
[[Page 59691]]
When the water at the discharge site is of sufficient depth that
the plume does not impinge the bottom, the Brooks equation shall be
applied to the CORMIX2 results as follows:
1. Calculate the near field dilution factor (S) at the end of the
impingement region, collapsed plume width (H), and downstream distance
where the impingement region ends (x) using the CORMIX2 model.
2. Using the input conditions cited above and calculated factors
from Step 1, above, calculate the far field dilution factor,
Ci/C, using the Brooks equation:
[GRAPHIC] [TIFF OMITTED] TN04NO97.013
Where:
Ci = concentration at end of impingement
C = concentration at edge of 100 m mixing zone
H = collapsed plume width, in meters
A = 4/3 power law dispersion parameter = 0.000453 m2/3/sec
u = current speed
x = downstream distance where impingement region ends (from step 1,
above)
t = travel time from end of impingement to 100 m, = (100m-x)/u
erf = the error function
3. The total dilution at the 100 m mixing zone is defined as the
product of the near-field dilution factor, S, found in step 1 and the
far-field dilution factor, Ci/C, calculated in Step 2.
Permittees shall state the calculated critical dilution
corresponding to that diffuser on the annual Discharge Monitoring
Report (DMR) with a certification that the diffuser is installed. The
CORMIX2 model runs shall be retained by the permittee as part of its
NPDES records.
Permittees using vertically aligned multiple discharge ports shall
provide vertical separation between ports which is consistent with
Table 2 of this permit. When multiple discharge ports are installed,
the depth difference between the discharge port closest to the sea
floor and the sea floor shall be the depth difference used to determine
the critical dilution from Table 1 of this permit. The critical
dilution value shall be based on the port flow rate (total flow rate
divided by the number of discharge ports) and based on the diameter of
the discharge port (or smallest discharge port if they are of different
styles).
When seawater is added to the produced water waste stream prior to
discharge, the total produced water flow, including the added seawater,
shall be used in determining the critical dilution from Table 1.
(b) Prohibitions
The discharge of produced water is prohibited onto any
intermittently exposed sediment surface, within the boundaries of any
state or Federal wildlife management area, refuge, or park or into any
water body determined to be of special ecological significance, within
1,300 feet of an active oyster lease, live natural oyster or other
molluscan reef, designated oyster seed bed, or sea grass bed, or which
facilitates the incorporation of significant quantities of hydrocarbons
or radio nuclides into sediment or biota.
(c) Monitoring Requirements
Flow. Once per month, an estimate of the flow in the units of
millions of gallons per day (MGD) must be recorded.
Oil and Grease. The required frequency of sampling shall be once
per month by grab sample.
Benzene, Lead, Phenol, and Thallium. The required frequency of
monitoring shall be determined from the limits calculated from Appendix
A, Table 1 as follows:
----------------------------------------------------------------------------------------------------------------
Parameter Monthly avg. limit (ug/l) Frequency
----------------------------------------------------------------------------------------------------------------
Thallium............................. >1,044 Once/Quarter.
1,044 and >490 Once/Month.
490 Once/2 Weeks.
Benzene.............................. >12,600 Once/Quarter.
12,600 and >5,900 Once/Month.
5,900 Once/2 Weeks.
Total Lead........................... >65,000 Once/Quarter.
65,000 and >30,600 Once/Month.
30,600 Once/2 Weeks.
Total Phenol......................... >26,400 Once/Quarter.
26,400 and >12,400 Once/Month.
12,400 Once/2 Weeks.
----------------------------------------------------------------------------------------------------------------
These monitoring requirements for benzene, total lead, total
thallium, and total phenol shall become effective six months after the
effective date of the permit.
Samples for monitoring these parameters shall be collected after
addition of any substances, including seawater that is added prior to
discharge.
If the permittee has been compliant with limits for benzene, lead,
total phenol or thallium for one full year (twelve consecutive months),
the required testing frequency shall be reduced to once per quarter for
the parameter or parameters in compliance as long as the discharge
remains in compliance.
For permittees required to monitor once per quarter or once per
month as stated above, the monitoring frequency shall increase to once
per two weeks for any of these parameters when the discharge has been
found to exceed a limit for that parameter.
If the operator adds a diffuser, multiple discharge ports, or
seawater to increase dilution to ensure compliance with the limits as
described above, the operator may decrease the monitoring frequency to
once per quarter after they have taken the action to increase dilution
and have demonstrated compliance with the limits for three consecutive
months.
Toxicity. The required frequency of toxicity testing shall be
determined using the toxicity limits as follows:
------------------------------------------------------------------------
Toxicity limit (critical dilution) Monitoring frequency
------------------------------------------------------------------------
<1%.................................... Once per year.
1 and <2.25%................ Once per quarter.
2.25%....................... Once per month.
------------------------------------------------------------------------
[[Page 59692]]
The toxicity monitoring requirements shall become effective six
months after the effective date of this permit.
Samples for monitoring produced water toxicity shall be collected
after addition of any added substances, including seawater that is
added prior to discharge. Samples also shall be representative of
produced water discharges when scale inhibitors, corrosion inhibitors,
biocides, paraffin inhibitors, well completion fluids, workover fluids,
and/or well treatment fluids are used in operations.
If the permittee has been compliant with this toxicity limit for
one continuous year (12 consecutive months), the required testing
frequency shall be reduced to once per year.
For permittees required to monitor once per year or once per
quarter as stated above, the monitoring frequency shall increase to
once per month when the discharge has been found to exceed the limits
for toxicity.
If the operator adds a diffuser, multiple discharge ports, or
seawater to increase dilution to ensure compliance with the limits as
described above, the operator may decrease the monitoring frequency to
once per year after they have taken the action to increase dilution and
have demonstrated compliance with the limits for three consecutive
months.
Radioactivity. Produced water discharges shall be monitored for
Radium 226 and Radium 228 (See Part I.D.4). The required frequency of
monitoring shall be obtain using the critical dilution from Appendix A,
Table 1 based on the water depth, discharge rate, and pipe diameter as
also required for the toxicity limits. The required monitoring
frequencies are as follows:
------------------------------------------------------------------------
Critical dilution Monitoring frequency
------------------------------------------------------------------------
< 1%................................... Once per year.
1 and < 2.25%.............. Once per quarter.
2.25%...................... Once per month.
------------------------------------------------------------------------
When the permittee has monitored radioactivity for one continuous
year the required monitoring frequency shall be reduced to once per
year.
4. Produced Sand
There shall be no discharge of produced sand.
5. Well Treatment, Completion, and Workover Fluids
(a) Limitations
Free Oil. No free oil shall be discharged.
Oil and Grease. Well treatment fluids must meet both a daily
maximum of 42 mg/l and a monthly average of 29 mg/l limitation for oil
and grease.
Priority Pollutants. For well treatment, completion, and workover
fluids the discharge of priority pollutants is prohibited except in
trace amounts. Information on the specific chemical composition of any
additives containing priority pollutants shall be recorded.
Note: If materials added downhole as well treatment, completion,
or workover fluids contain no priority pollutants, the discharge is
assumed not to contain priority pollutants except possibly in trace
amounts.
(b) Monitoring Requirements
This discharge shall be considered produced water for monitoring
purposes when commingled with produced water.
Free Oil. Monitoring shall be performed using the static sheen test
method once per day when discharging and the facility is manned. The
number of days a sheen is observed must be recorded.
Oil and Grease. Monitoring shall be performed once per month. The
sample type may be either grab or a 24-hour composite consisting of the
arithmetic average of the results of 4 grab samples taken within the
24-hour period. If only one sample is taken for any one month, it must
meet both the daily and monthly limits. The analytical method is that
specified at 40 CFR part 136.
6. Sanitary Waste
(a) Prohibitions
Solids. No floating solids may be discharged. Observations must be
made once per day, during daylight in the vicinity of sanitary waste
outfalls, following either the morning or midday meals and at the time
during maximum estimated discharge.
(b) Limitations
Residual Chlorine. Total residual chlorine is a surrogate parameter
for fecal coliform. Discharge of total residual chlorine must meet a
minimum of 1 mg/l and shall be maintained as close to this
concentration as possible. A grab sample must be taken once per month
and the concentration recorded (approved method, Hach CN-66-DPD).
Biochemical Oxygen Demand (BOD5) and Total Suspended Solids (TSS)
Sanitary waste water discharges of less than 2,500 gallons per day
shall not exceed a daily maximum and monthly average concentration of
45 mg/l for BOD5 and 45 mg/l for TSS. The monitoring frequency shall be
once per six months.
7. Domestic Waste
(a) Prohibitions
Solids. No floating solids or foam shall be discharged.
(b) Monitoring Requirements
An observation shall be made once per day during daylight in the
vicinity of domestic waste outfalls following the morning or midday
meal and at a time during maximum estimated discharge. The number of
days solids are observed must be recorded.
8. Miscellaneous Discharges
Desalination Unit Discharge
Diatomaceous Earth Filter Media
Blowout Preventer Fluid
Uncontaminated Ballast Water
Uncontaminated Bilge Water
Mud, Cuttings, and Cement at the Sea floor
Uncontaminated Freshwater
Uncontaminated Seawater
Boiler Blowdown
Source Water and Sand
Excess Cement Slurry
(a) Limitations
Free Oil. No free oil shall be discharged. Discharge is limited to
those times that a visual sheen observation is possible unless the
operator uses the static sheen method. Monitoring shall be performed
using the visual sheen method on the surface of the receiving water
once per week when discharging, or the static sheen method at the
operator's option. The number of days a sheen is observed must be
recorded.
Floating Solids or Visible Foam. There shall be no discharge of
floating solids or visible foam.
[Exceptions] Uncontaminated seawater, uncontaminated freshwater,
source water and source sand, uncontaminated bilge water, and
uncontaminated ballast water may be discharged from platforms that are
on automatic purge systems without monitoring for free oil when the
facilities are not manned. Additionally, discharges at the sea floor
of: muds and cuttings prior to installation of the marine riser,
cement, and blowout preventer fluid may be discharged without
monitoring with the static sheen test when conditions make observation
of a sheen on the surface of the receiving water impossible.
9. Miscellaneous Discharges of Seawater and Freshwater Which Have Been
Chemically Treated
Excess seawater which permits the continuous operation of fire control
and utility lift pumps
[[Page 59693]]
Excess seawater from pressure maintenance and secondary recovery
projects
Water released during training of personnel in fire protection
Seawater used to pressure test new piping and new pipelines
Ballast water
Once Through Non-contact cooling water
Desalinization unit discharge
(a) Limitations
Treatment Chemicals. The concentration of treatment chemicals in
discharged seawater or freshwater shall not exceed the most stringent
of the following three constraints:
(1) the maximum concentrations and any other conditions specified in
the EPA product registration labeling if the chemical is an EPA
registered product
(2) the maximum manufacturer's recommended concentration
(3) 500 mg/l
Free Oil. No free oil shall be discharged. Discharge is limited to
those times that a visible sheen observation is possible unless the
operator uses the static sheen method. Monitoring shall be performed
using the visual sheen method on the surface of the receiving water
once per week when discharging, or by use of the static sheen method at
the operator's option. The number of days a sheen is observed must be
recorded.
Toxicity. The 48-hour minimum and monthly average minimum No
Observable Effect Concentration (NOEC) must be equal to or greater than
the critical dilution concentration specified in Table 3 of this
permit. Critical dilution shall be determined using Table 3 of this
permit and is based on the discharge rate, discharge pipe diameter, and
water depth between the discharge pipe and the bottom. The monthly
average minimum NOEC value is defined as the arithmetic average of all
48-hour average NOEC values determined during the month.
(b) Monitoring Requirements
Flow. Once per month, an estimate of the flow (MGD) must be
recorded.
Toxicity. The required frequency of testing for continuous
discharges shall be determined as follows:
------------------------------------------------------------------------
Discharge rate Toxicity testing frequency
------------------------------------------------------------------------
0-499 bbl/day........................ Once per year.
500-4,599 bbl/day.................... Once per quarter.
4,600 bbl/day and above.............. Once per month.
------------------------------------------------------------------------
Intermittent or batch discharges shall be monitored once per
discharge but are required to be monitored no more frequently than the
corresponding frequencies shown above for continuous discharges.
Samples shall be collected after addition of any added substances,
including seawater that is added prior to discharge, and before the
flow is split for multiple discharge ports. Samples also shall be
representative of the discharge. Methods to increase dilution
previously described for produced water in Part I.B.3.a also apply to
seawater and freshwater discharges which have been chemically treated.
If the permittee has been compliant with this toxicity limit for
one full year (12 consecutive months) for a continuous discharge of
chemically treated seawater or freshwater, the required testing
frequency shall be reduced to once per year for that discharge.
Section C. Other Discharge Limitations
1. Halogenated Phenolic Compounds
There shall be no discharge of halogenated phenolic compounds as a
part of any waste stream authorized in this permit.
2. Dispersants, Surfactants, and Detergents
The facility operator shall minimize the discharge of dispersants,
surfactants, and detergents except as necessary to comply with the
safety requirements of the Occupational Safety and Health
Administration. This restriction applies to tank cleaning and other
operations which do not directly involve the safety of workers.
3. Garbage
The discharge of garbage is prohibited (See Part II.G.30).
5. Area of Biological Concern
There shall be no discharge in Areas of Biological Concern,
including marine sanctuaries.
Section D. Other Conditions
1. Samples of Wastes
If requested, the permittee shall provide EPA with a sample of any
waste in a manner specified by the Agency.
2. Produced Water Toxicity Testing Requirements (7-Day Chronic NOEC
Marine Limits)
The approved test methods for permit compliance are identified in
40 CFR part 136 and published at 60 FR 53528.
(a) The permittee shall utilize the Mysidopsis bahia (Mysid shrimp)
chronic static renewal 7-day survival and growth test using Method
1007.0.
(b) The permittee shall utilize the Menidia beryllina (Inland
Silverside minnow) chronic static renewal 7-day larval survival and
growth test (Method 1006.0).
(c) When the testing frequency stated above is less than monthly
and the effluent fails the survival endpoint at the low-flow effluent
concentration (critical dilution), the permittee shall be considered in
violation of this permit limit and the frequency for the affected
species will increase to monthly until such time compliance with the
Lethal No Observed Effect Concentration (NOEC) effluent limitation is
demonstrated for a period of three consecutive months, at which time
the permittee may return to the testing frequency stated in Part
I.B.3.c of this permit. During the period the permittee is out of
compliance, test results shall be reported on the DMR for that
reporting period.
(d) This permit may be reopened to require chemical specific
effluent limits, additional testing, and/or other appropriate actions
to address toxicity.
(e) The permittee shall prepare a full report of the results of all
tests conducted pursuant to this section in accordance with the Report
Preparation Section of ``Short-Term Methods for Estimating the Chronic
Toxicity of Effluents and Receiving Waters to Marine and Estuarine
Organisms,'' EPA/600/4-91/003, or the most current publication, for
every valid or invalid toxicity test initiated whether carried to
completion or not. The permittee shall retain each full report pursuant
to the provisions of Part II.C.3 of this permit. The permittee shall
submit full reports only upon the specific request of the Agency.
(f) In accordance with Part II.D.4 of this permit, the permittee
shall report on the DMR for the reporting period the lowest Whole
Effluent Lethality values determined for either species for the 30-Day
Average Minimum and 7-Day Minimum under Parameter No. 22414, and the
permittee shall report the results of the valid toxicity test as
follows:
1. Menidia Beryllina (Inland Silverside Minnow)
(A) If the Inland Silverside minnow No Observed Effect
Concentration (NOEC) for survival is less than the critical effluent
dilution, enter a ``1''; otherwise, enter a ``0''. Parameter No. TLP6B
on the Discharge Monitoring Report.
(B) Report the Inland Silverside minnow NOEC value for survival,
[[Page 59694]]
Parameter No. TOP6B on the Discharge Monitoring Report.
(C) Report the Inland Silverside minnow NOEC value for growth,
Parameter No. TPP6B on the Discharge Monitoring Report.
(D) Report the % coefficient of variation (larger of critical
dilution and control), Parameter No. TQP6B on the Discharge Monitoring
Report.
2. Mysidopsis Bahia (Mysid Shrimp)
(A) If the Mysid shrimp NOEC for survival is less than the critical
effluent dilution, enter a ``1''; otherwise, enter a ``0''. Parameter
No. TLP3E on the Discharge Monitoring Report.
(B) Report the Mysid shrimp NOEC value for survival, Parameter No.
TOP3E on the Discharge Monitoring Report.
(C) Report the Mysid shrimp NOEC value for growth, Parameter No.
TPP3E on the Discharge Monitoring Report.
(D) Report the % coefficient of variation (larger of critical
dilution and control), Parameter No. TQP3E on the Discharge Monitoring
Report.
3. Chemically Treated Seawater and Freshwater Toxicity Testing
Requirements (48-Hour Acute NEOC Marine Limits)
The approved test methods for permit compliance are identified in
40 CFR part 136 and published at 60 FR 53528.
(a) The permittee shall utilize the Mysidopsis bahia (Mysid shrimp)
acute static renewal 48-hour definitive toxicity test using EPA/600/4-
90/027F.
(b) Menidia beryllina (Inland Silverside minnow) acute static
renewal 48-hour definitive toxicity test using EPA/600/4-90/027F.
(c) When the testing frequency stated above is less than monthly
and the effluent fails the survival endpoint at the low-flow effluent
concentration (critical dilution), the permittee shall be considered in
violation of this permit limit and the frequency for the affected
species will increase to monthly until such time compliance with the
Lethal No Observed Effluent Concentration (NOEC) effluent limitation is
demonstrated for a period of three consecutive months, at which time
the permittee may return to the testing frequency stated in Part
I.B.9.b of this permit. During the period the permittee is out of
compliance, test results shall be reported on the DMR for that
reporting period.
(d) This permit may be reopened to require chemical specific
effluent limits, additional testing, and/or other appropriate actions
to address toxicity.
(e) The permittee shall prepare a full report of the results of all
tests conducted pursuant to this section in accordance with the Report
Preparation Section of ``Methods for Measuring the Acute Toxicity of
Effluents and Receiving Waters to Freshwater and Marine Organisms,''
EPA/600/4-90/027F, or the most current publication, for every valid or
invalid toxicity test initiated whether carried to completion or not.
The permittee shall retain each full report pursuant to the provisions
of Part II.C.3 of this permit. The permittee shall submit full reports
only upon the specific request of the Agency.
(f) In accordance with Part II.D.4 of this permit, the permittee
shall report on the DMR for the reporting period the lowest Whole
Effluent Lethality values determined for either species for the 30-Day
Average Minimum and 48-Hour Minimum under Parameter No. 22414, and the
permittee shall report the results of the valid toxicity test as
follows:
1. Menidia Beryllina (Inland Silverside Minnow)
(A) If the Inland Silverside minnow No Observed Effect
Concentration (NOEC) for survival is less than the critical effluent
dilution, enter a ``1''; otherwise, enter a ``0''. Parameter No. TEM6B
on the Discharge Monitoring Report.
(B) Report the Inland Silverside minnow NOEC value for survival,
Parameter No. TOM6B on the Discharge Monitoring Report.
2. Mysidopsis Bahia (Mysid Shrimp)
(A) If the Mysid shrimp NOEC for survival is less than the critical
effluent dilution, enter a ``1''; otherwise, enter a ``0''. Parameter
No. TEM3E on the Discharge Monitoring Report.
(B) Report the Mysid shrimp NOEC value for survival, Parameter No.
TOM3E on the Discharge Monitoring Report.
4. Radionuclide Test
The approved test methods for monitoring produced water for
radionuclides are:
Radium 226: Method Number 7500-Ra C, Standard Methods for the
Examination of Water and Wastewater, Eighteenth Edition, APHA, AWWA,
and WPCF.
Radium 228: Method Number 7500-Ra D, Standard Methods for the
Examination of Water and Wastewater, Eighteenth Edition, APHA, AWWA,
and WPCF.
Part II. Standard Conditions for NPDES Permits
Section A. General Conditions
1. Introduction
In accordance with the provisions of 40 CFR Part 122.41, et. seq.,
this permit incorporates by reference ALL conditions and requirements
applicable to NPDES permits set forth in the Clean Water Act, as
amended, (herein-after known as the ``Act'') as well as ALL applicable
regulations.
2. Duty to Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds
for enforcement action or for requiring a permittee to apply and obtain
an individual NPDES permit.
3. Toxic Pollutants
a. Notwithstanding Part II.A.5, if any toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is promulgated under section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
that standard or prohibition is more stringent than any limitation on
the pollutant in this permit, this permit shall be modified or revoked
and reissued to conform to the toxic effluent standard or prohibition.
b. The permittee shall comply with effluent standards or
prohibitions established under section 307(a) of the Act for toxic
pollutants within the time provided in the regulations that established
those standards or prohibitions, even if the permit has not yet been
modified to incorporate the requirement.
4. Duty To Reapply
If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit. Continuation of expiring permits
shall be governed by regulations promulgated at 40 CFR part 122.6 and
any subsequent amendments.
5. Permit Flexibility
This permit may be modified, revoked and reissued, or terminated
for cause in accordance with 40 CFR part 122.62-64. The filing of a
request for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
[[Page 59695]]
6. Property Rights
This permit does not convey any property rights of any sort, or any
exclusive privilege.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable
time, any information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Director, upon request, copies
of records required to be kept by this permit.
8. Criminal and Civil Liability
Except as provided in permit conditions on ``Bypassing'' and
``Upsets,'' nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false
or materially misleading representation or concealment of information
required to be reported by the provisions of the permit, the Act, or
applicable regulations, which avoids or effectively defeats the
regulatory purpose of the permit may subject the permittee to criminal
enforcement pursuant to 18 U.S.C. 1001.
9. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the Act.
10. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State Law or regulation under authority preserved by section
510 of the Act.
11. Severability
The provisions of this permit are severable, and if any provision
of this permit or the application of any provision of this permit to
any circumstance is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
Section B. Proper Operation and Maintenance
1. Need To Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit. The permittee is responsible for maintaining adequate
safeguards to prevent the discharge of untreated or inadequately
treated wastes during electrical power failure either by means of
alternate power sources, standby generators or retention of
inadequately treated effluent.
2. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
3. Proper Operation and Maintenance
a. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by permittee as efficiently
as possible and in a manner which will minimize upsets and discharges
of excessive pollutants and will achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of backup or auxiliary facilities or
similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of
this permit.
b. The permittee shall provide an adequate operating staff which is
duly qualified to carry out operation, maintenance and testing
functions required to insure compliance with the conditions of this
permit.
4. Bypass of Treatment Facilities
a. Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of Parts II.B.4.b and 4.c.
b. Notice.
(1) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee shall, within 24 hours,
submit notice of an unanticipated bypass as required in Part II.D.7.
c. Prohibition of Bypass.
(1) Bypass is prohibited, and the Director may take enforcement
action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and,
(c) The permittee submitted notices as required by Part II.B.4.b.
(2) The Director may allow an anticipated bypass after considering
its adverse effects, if the Director determines that it will meet the
three conditions listed at Part II.B.4.c(1).
5. Upset Conditions
a. Effect of an upset. An upset constitutes an affirmative defense
to an action brought for noncompliance with such technology-based
permit effluent limitations if the requirements of Part II.B.5.b. are
met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset. A permittee
who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required by Part
II.D.7; and,
(4) The permittee complied with any remedial measures required by
Part II.B.2.
c. Burden of proof. In any enforcement proceeding, the permittee
seeking to establish the occurrence of an upset has the burden of
proof.
6. Removed Substances
Solids, sewage sludges, filter backwash, or other pollutants
removed
[[Page 59696]]
in the course of treatment or wastewater control shall be disposed of
in a manner such as to prevent any pollutant from such materials from
entering navigable waters. Any substance specifically listed within
this permit may be discharged in accordance with specified conditions,
terms, or limitations.
Section C. Monitoring and Records
1. Inspection and Entry
The permittee shall allow the Director, or an authorized
representative, upon the presentation of credentials and other
documents as may be required by the law to:
a. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices or operations regulated or
required under this permit; and
d. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
2. Representative Sampling
Samples and measurements taken for the purpose of monitoring shall
be representative of the monitored activity.
3. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data
used to complete the application for this permit, for a period of at
least 3 years from the date of the sample, measurement, report, or
application. This period may be extended by request of the Director at
any time.
The operator shall maintain records at development and production
facilities for 3 years, wherever practicable and at a specific shore-
based site whenever not practicable. The operator is responsible for
maintaining records at exploratory facilities while they are
discharging under the operators control and at a specific shore-based
site for the remainder of the 3-year retention period.
4. Record Contents
Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
5. Monitoring Procedures
a. Monitoring must be conducted according to test procedures
approved under 40 CFR part 136, unless other test procedures have been
specified in this permit or approved by the Director.
b. The permittee shall calibrate and perform maintenance procedures
on all monitoring and analytical instruments at intervals frequent
enough to insure accuracy of measurements and shall maintain
appropriate records of such activities.
c. An adequate analytical quality control program, including the
analyses of sufficient standards, spikes, and duplicate samples to
insure the accuracy of all required analytical results shall be
maintained by the permittee or designated commercial laboratory.
6. Flow Measurements
Appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the
accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated, and maintained
to insure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10%
from true discharge rates throughout the range of expected discharge
volumes.
Section D. Reporting Requirements
1. Planned Changes
The permittee shall give notice to the Director as soon as possible
of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
(1) The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source in
40 CFR part 122.29(b); or,
(2) The alteration or addition could significantly change the
nature or increase the quantity of pollutants discharged. This
notification applies to pollutants which are not subject to effluent
limitations in the permit.
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity which may result
in noncompliance with permit requirements.
3. Transfers
This permit is not transferable to any person except after notice
to the Director. The Director may require modification or revocation
and reissuance of the permit to change the name of the permittee and to
incorporate such requirements as may be necessary under the Act.
4. Discharge Monitoring Reports and Other Reports
The operator of each lease block shall be responsible for
submitting monitoring results for all facilities within each lease
block. The monitoring results for the facilities (platform, drilling
ship, or semisubmersible) within the particular lease block shall be
summarized on the annual Discharge Monitoring Report for that lease
block.
Monitoring results obtained during the previous 12 months shall be
summarized and reported on a Discharge Monitoring Report (DMR) form
(EPA No. 3320-1). In addition, the highest monthly average for all
activity within each lease block shall be reported. The highest daily
maximum sample taken during the reporting period shall be reported as
the daily maximum concentration.
If any category of waste (discharge) is not applicable for all
facilities within the lease block, due to the type of operations (e.g.,
drilling, production) no reporting is required; however, ``no
discharge'' must be recorded for those categories on the DMR. If all
facilities within a lease block have had no activity during the
reporting period then ``no activity'' must be written on the DMR.
Operators may list a summary of all lease blocks where there is no
activity on one DMR. All pages of the DMR must be signed and certified
as required by Part II.D.11 and returned when due.
5. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
part 136 or as specified in this permit, the results of
[[Page 59697]]
this monitoring shall be included in the calculation and reporting of
the data submitted in the Discharge Monitoring Report (DMR). Such
increased monitoring frequency shall also be indicated on the DMR.
6. Averaging of Measurements
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
7. One Hour and Twenty-Four Hour Reporting
a. The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 1 hour from the time the permittee becomes aware of the
circumstances. A written submission shall be provided within 5 days of
the time the permittee becomes aware of the circumstances. As required
by LAC33.I.3915, in the event of an unauthorized discharge that does
cause an emergency condition, the discharger shall notify the DEQ
hotline by telephone at (504) 925-6595 (collect calls accepted 24 hours
a day) immediately (a reasonable period of time after taking prompt
measures to determine the nature, quantity, and potential off-site
impact of a release, considering the exigency of the circumstances),
but in no case later than one hour after learning of the discharge. (An
emergency condition is any condition which could reasonably be expected
to endanger the health, safety of the public, cause significant adverse
impact to the land, water, or air environment, or cause severe damage
to property.) Notification required by this section will be made
regardless of the amount of discharge. The report shall contain the
following information:
(1) A description of the noncompliance and its cause;
(2) The period of noncompliance including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time
it is expected to continue; and,
(3) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
b. The following shall be included as information which must be
reported within 24 hours:
(1) Any unanticipated bypass which exceeds any effluent limitation
in the permit;
(2) Any upset which exceeds any effluent limitation in the permit;
and,
(3) Any discharge containing a pollutant in a quantity which
exceeds any reportable quantity specified in the ``Notification
Regulations and Procedures for Unauthorized Discharges'', LAC 33: I.
Subchapter (E), unless specifically authorized in this permit.
c. The Director may waive the written report on a case-by-case
basis if the oral report has been received within the time constraints
stipulated by Part II.D.7.a and b.
8. Other Noncompliance
The permittee shall report all instances of noncompliance not
reported under Parts II.D.4 and D.7 at the time monitoring reports are
submitted. The reports shall contain the information listed at Part
II.D.7.
9. Other Information
Where the permittee becomes aware that he failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or in any report to the Director,
he shall promptly submit such facts or information.
10. Signatory Requirements
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation--by a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means:
(a) A president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the
corporation; or,
(b) The manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship--by a general partner
or the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency--by
either a principal executive officer or ranking elected official. For
purposes of this election, a principal executive officer of a Federal
agency includes:
(a) The chief executive officer of the agency, or
(b) A senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.
b. All reports required by the permit and other information
requested by the Director shall be signed by a person described above
or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
(1) The authorization is made in writing by a person described
above;
(2) The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. A duly
authorized representative may thus be either a named individual or an
individual occupying a named position; and,
(3) The written authorization is submitted to the Director.
c. Certification. Any person signing a document under this section
shall make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
11. Availability of Reports
Except for applications, effluent data, permits, and other data
specified in 40 CFR part 122.7, any information submitted pursuant to
this permit may be claimed as confidential by the submitter. If no
claim is made at the time of submission, information may be made
available to the public without further notice.
Section E. Penalties for Violations of Permit Conditions
1. Criminal
a. Negligent Violations. The Act provides that any person who
negligently violates permit conditions implementing section 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
$2,500 nor more than $25,000 per day of violation, or by imprisonment
for not more than 1 year, or both.
b. Knowing Violations. The Act provides that any person who
knowingly violates permit conditions implementing sections 301, 302,
306, 307, 308, 318 or 405 of the Act is subject
[[Page 59698]]
to a fine of not less than $5,000 nor more than $50,000 per day of
violation, or by imprisonment for not more than 3 years, or both.
c. Knowing Endangerment. The Act provides that any person who
knowingly violates permit conditions implementing sections 301, 302,
303, 306, 307, 308, 318, or 405 of the Act and who knows at that time
that he is placing another person in imminent danger of death or
serious bodily injury is subject to a fine of not more than $250,000,
or by imprisonment for not more than 15 years, or both.
d. False Statements. The Act provides that any person who knowingly
makes any false material statement, representation, or certification in
any application, record report, plan, or other document filed or
required to be maintained under the Act or who knowingly falsifies,
tampers with, or renders inaccurate, any monitoring device or method
required to be maintained under the Act, shall upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this
paragraph, punishment shall be by a fine of not more than $20,000 per
day of violation, or by imprisonment of not more than 4 years, or by
both. (See section 309.c.4 of the Clean Water Act)
2. Civil Penalties
The Act provides that any person who violates a permit condition
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to a civil penalty not to exceed $25,000 per day for each
violation.
3. Administrative Penalties
The Act provides that any person who violates a permit conditions
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to an administrative penalty, as follows:
a. Class I Penalty. Not to exceed $10,000 per violation nor shall
the maximum amount exceed $25,000.
b. Class II penalty. Not to exceed $10,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $125,000.
Section F. Additional General Permit Conditions
1. When the Director May Require Application for an Individual NPDES
Permit
The Director may require any person authorized by this permit to
apply for and obtain an individual NPDES permit when:
(a) The discharge(s) is a significant contributor of pollution;
(b) The discharger is not in compliance with the conditions of this
permit;
(c) A change has occurred in the availability of the demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point sources;
(d) Effluent limitations guidelines are promulgated for point
sources covered by this permit;
(e) A Water Quality Management Plan containing requirements
applicable to such point source is approved;
(f) The point source(s) covered by this permit no longer:
(1) Involve the same or substantially similar types of operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations or operating conditions;
(4) Require the same or similar monitoring; and
(5) In the opinion of the Director, are more appropriately
controlled under an individual permit than under a general permit.
(g) The bioaccumulation monitoring results show concentrations of
the listed pollutants in excess of levels safe for human consumption.
The Director may require any operator authorized by this permit to
apply for an individual NPDES permit only if the operator has been
notified in writing that a permit application is required.
2. When an Individual NPDES Permit May Be Requested
(a) Any operator authorized by this permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit.
(b) When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to the owner or operator is automatically terminated on the
effective date of this individual permit.
(c) A source excluded from coverage under this general permit
solely because it already has an individual permit may request that its
individual permit be revoked, and that it be covered by this general
permit. Upon revocation of the individual permit, this general permit
shall apply to the source.
3. Permit Reopener Clause
If applicable new or revised effluent limitations guidelines or New
Source Performance Standards covering the Offshore Subcategory of the
Oil and Gas Extraction Point Source Category (40 CFR part 435) are
promulgated in accordance with sections 301(b), 304(b)(2), and
307(a)(2), and the new or revised effluent limitations guidelines or
New Source Performance Standards are more stringent than any effluent
limitations in this permit or control a pollutant not limited in this
permit, the permit may, at the Director's discretion, be modified to
conform to the new or revised effluent limitations guidelines.
Notwithstanding the above, if an offshore oil and gas extraction
point source discharge facility is subject to the ten year protection
period for new source performance standards under the Clean Water Act
section 306(d), this reopener clause may not be used to modify the
permit to conform to more stringent new source performance standards or
technology based standards developed under section 301(b)(2) during the
ten year period specified in 40 CFR part 122.29(d).
The Director may modify this permit upon meeting the conditions set
forth in this reopener clause.
Section G. Definitions
All definitions contained in section 502 of the Act shall apply to
this permit and are incorporated herein by references. Unless otherwise
specified in this permit, additional definitions of words or phrases
used in this permit are as follows:
1. ``Act'' means the Clean Water Act (33 U.S.C. 1251 et. seq.), as
amended.
2. ``Administrator'' means the Administrator of the U.S.
Environmental Protection Agency.
3. ``Annual Average'' means the average of all discharges sampled
and/or measured during a calendar year in which daily discharges are
sampled and/or measured, divided by the number of discharges sampled
and/or measured during such year.
4. ``Applicable effluent standards and limitations'' means all
state and Federal effluent standards and limitations to which a
discharge is subject under the Act, including, but not limited to,
effluent limitations, standards of performance, toxic effluent
standards and prohibitions, and pretreatment standards.
5. ``Applicable water quality standards'' means all water quality
standards to which a discharge is subject under the Act.
6. ``Areas of Biological Concern'' means a portion of the
territorial seas identified by EPA, in consultation with the Department
of Interior as containing potentially productive or unique biological
communities or as being
[[Page 59699]]
potentially sensitive to discharges associated with oil and gas
activities.
7. ``Blow-Out Preventer Control Fluid'' means fluid used to actuate
the hydraulic equipment on the blow-out preventer or subsea production
wellhead assembly.
8. ``Boiler Blowdown'' means discharges from boilers necessary to
minimize solids build-up in the boilers, including vents from boilers
and other heating systems.
9. ``Bulk Discharge'' any discharge of a discrete volume or mass of
effluent from a pit tank or similar container that occurs on a one-
time, infrequent or irregular basis.
10. ``Bypass'' means the intentional diversion of waste streams
from any portion of a treatment facility.
11. ``Completion Fluids'' means salt solutions, weighted brines,
polymers and various additives used to prevent damage to the well bore
during operations which prepare the drilled well for hydrocarbon
production. These fluids move into the formation and return to the
surface as a slug with the produced water. Drilling muds remaining in
the wellbore during logging, casing, and cementing operations or during
temporary abandonment of the well are not considered completion fluids
and are regulated by drilling fluids requirements.
12. ``Daily Discharge'' means the discharge of a pollutant measured
during a calendar day or any 24-hour period that reasonably represents
the calendar day for purposes of sampling. For pollutants with
limitations expressed in terms of mass, the daily discharge is
calculated as the total mass of the pollutant discharged over the
sampling day. For pollutants with limitations expressed in other units
of measurement, the daily discharge is calculated as the average
measurement of the pollutant over the sampling day. Daily discharge
determination of concentration made using a composite sample shall be
the concentration of the composite sample. When grab samples are used,
the daily discharge determination of concentration shall be arithmetic
average (weighted by flow value) of all samples collected during that
sampling day.
13. ``Daily Average'' (also known as monthly average) discharge
limitations means the highest allowable average of daily discharge(s)
over a calendar month, calculated as the sum of all daily discharge(s)
measured during a calendar month divided by the number of daily
discharge(s) measured during that month. When the permit establishes
daily average concentration effluent limitations or conditions, the
daily average concentration means the arithmetic average (weighted by
flow) of all daily discharge(s) of concentration determined during the
calendar month where C=daily concentration, F=daily flow, and n=number
of daily samples; daily average discharge=
[GRAPHIC] [TIFF OMITTED] TN04NO97.014
14. ``Daily Maximum'' discharge limitations means the highest
allowable ``daily discharge'' during the calendar month.
15. ``Desalinization Unit Discharge'' means wastewater associated
with the process of creating freshwater from seawater.
16. ``Deck Drainage'' means any waste resulting from deck washings,
spillage, rainwater, and runoff from gutters and drains including drip
pans and work areas within facilities covered under this permit.
17. ``Development Drilling'' means the drilling of wells required
to efficiently produce a hydrocarbon formation or formations.
18. ``Development Facility'' means any fixed or mobile structure
that is engaged in the drilling of productive wells.
19. ``Diatomaceous Earth Filter Media'' means filter media used to
filter seawater or other authorized completion fluids and subsequently
washed from the filter.
20. ``Diesel Oil'' means the grade of distillate fuel oil, as
specified in the American Society for Testing and Materials Standard
Specification D975-81, that is typically used as the continuous phase
in conventional oil-based drilling fluids.
21. ``Director'' means the State Director or an authorized
representative.
22. ``Domestic Waste'' means material discharged from galleys,
sinks, showers and baths, safety showers, eye wash stations, hand
washing stations, fish cleaning stations, and laundries. Domestic Waste
does not include drainage from toilets, urinals, hospitals, and cargo
spaces.
23. ``Drill Cuttings'' means particles generated by drilling into
the subsurface geological formations including cured cement carried to
the surface with the drilling fluid.
24. ``Drilling Fluids'' means the circulating fluid (mud) used in
the rotary drilling of wells to clean and condition the hole and to
counterbalance formation pressure. A water-based drilling fluid is the
conventional drilling mud in which water is the continuous phase and
the suspending medium for solids, whether or not oil is present. An oil
based drilling fluids has diesel oil, mineral oil, or some other oil as
its continuous phase with water as the dispersed phase.
25. ``Environmental Protection Agency'' (EPA) means the U.S.
Environmental Protection Agency.
26. ``Excess Cement Slurry'' means the excess mixed cement,
including additives and wastes from equipment wash down, after a
cementing operation.
27. ``Exploratory Facility'' means any fixed or mobile structure
that is engaged in the drilling of wells to determine the nature of
potential hydrocarbon reservoirs.
28. ``Fecal Coliform Bacteria Sample'' consists of one effluent
grab portion collected during a 24-hour period at peak loads.
29. ``Grab sample'' means an individual sample collected in less
than 15 minutes.
30. ``Garbage'' means all kinds of food waste, wastes generated in
living areas on the facility, and operational waste, excluding fresh
fish and parts thereof, generated during the normal operation of the
facility and liable to be disposed of continuously or periodically,
except domestic waste water such as dishwater, and those substances
that are defined or listed in other Annexes to MARPOL 73/78
31. ``Inverse Emulsion Drilling Fluids'' means an oil-based
drilling fluid which also contains a large amount of water.
32. ``Live bottom areas'' means those areas which contain
biological assemblages consisting of such sessile invertebrates as seas
fans, sea whips, hydroids, anemones, ascideians sponges, bryozoans,
seagrasses, or corals living upon and attached to naturally occurring
hard or rocky formations with fishes and other fauna.
33. ``Maintenance waste'' means materials collected while
maintaining and operating the facility, including, but not limited to,
soot, machinery deposits, scraped paint, deck sweepings, wiping wastes,
and rags.
34. ``Muds, Cuttings, and Cement at the Sea floor'' means
discharges that occur at the sea floor prior to installation of the
marine riser and during marine riser disconnect, well abandonment and
plugging operations.
35. ``National Pollutant Discharge Elimination System'' (NPDES)
means the national program for issuing, modifying, revoking, and
reissuing, terminating, monitoring, and enforcing permits, and imposing
and enforcing pretreatment requirements, under
[[Page 59700]]
section 307, 318, 402, and 405 of the Act.
36. ``New Source'' means any facility or activity that meets the
definition of ``new source'' under 40 CFR part 122.2 and meets the
criteria for determination of new sources under 40 CFR part 122.29(b)
applied consistently with all of the following definitions:
(a) The term ``water area'' as used in the term ``site'' in 40 CFR
parts 122.29 and 122.2 shall mean the water area and ocean floor
beneath any exploratory, development, or production facility where such
facility is conducting its exploratory, development, or production
activities.
(b) The term ``significant site preparation work'' as used in 40
CFR part 122.29 shall mean the process of surveying, clearing, or
preparing an area of the ocean floor for the purpose of constructing or
placing a development or production facility on or over the site.
37. ``Operational waste'' means all cargo associated waste,
maintenance waste, cargo residues, and ashes and clinkers from
incinerators and coal burning boilers.
38. ``Packer Fluid'' means low solids fluids between the packer,
production string and well casing. They are considered to be workover
fluids.
39. ``Priority Pollutants'' means those chemicals or elements
identified by EPA, pursuant to section 307 of the Clean Water Act and
40 CFR part 401.15.
40. ``Produced Sand'' means slurried particles used in hydraulic
fracturing, the accumulated formation sands, and scale particles
generated during production. Produced sand also includes desander
discharge from produced water waste stream and blowdown of water phase
from the produced water treating system.
41. ``Produced Water'' means the water (brine) brought up from the
hydrocarbon-bearing strata during the extraction of oil and gas, and
can include formation water, injection water, and any chemicals added
downhole or during the oil/water separation process.
42. ``Production Facility'' means any fixed or mobile structure
that is either engaged in well completion or used for active recovery
of hydrocarbons from producing formations.
43. ``Sanitary Waste'' means human body waste discharged from
toilets and urinals.
44. ``Severe property damage'' means substantial physical damage to
property, damage to the treatment facilities which cause them to become
inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays in
production.
45. ``Sheen'' means a silvery or metallic sheen, gloss, or
increased reflectivity, visual color or iridescence on the water
surface.
46. ``Source Water and Sand'' means water from non-hydrocarbon
bearing formations for the purpose of pressure maintenance or secondary
recovery including the entrained solids.
47. ``Spotting'' means the process of adding a lubricant (spot)
downhole to free stuck pipe.
48. ``Territorial Seas'' means the belt of the seas measured from
the line of ordinary low water along that portion of the coast which is
in direct contact with the open sea and the line marking the seaward
limit of inland waters, and extending seaward a distance of three
miles.
49. ``Trace Amounts'' means that if materials added downhole as
well treatment, completion, or workover fluids do not contain priority
pollutants then the discharge is assumed not to contain priority
pollutants, except possibly in trace amounts.
50. ``Uncontaminated Ballast/Bilge Water'' means seawater added or
removed to maintain proper draft.
51. ``Uncontaminated Freshwater'' means freshwater which is
discharged without the addition of chemicals; included are (1)
discharges of excess freshwater that permit the continuous operation of
fire control and utility lift pumps, (2) excess freshwater from
pressure maintenance and secondary recovery projects, (3) water
released during training and testing of personnel in fire protection,
and (4) water used to pressure test new piping.
52. ``Uncontaminated Seawater'' means seawater which is returned to
the sea without the addition of chemicals. Included are (1) discharges
of excess seawater which permit the continuous operation of fire
control and utility lift pumps (2) excess seawater from pressure
maintenance and secondary recovery projects (3) water released during
the training and testing of personnel in fire protection (4) seawater
used to pressure test new piping, and (5) once through noncontact
cooling water which has not been treated with biocides.
53. ``Upset'' means an exceptional incident in which there is
unintentional and temporary noncompliance with technology-based permit
effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
54. ``Weekly Average'' means the highest allowable average of daily
discharge(s) over a calendar week, calculated as the sum of all daily
discharge(s) measured during a calendar week divided by the number of
daily discharge(s) measured during that week. When the permit
establishes daily average concentration effluent limitations or
conditions, the daily average concentration means the arithmetic
average (weighted by flow) of all daily discharge(s) of concentration
determined during the calendar week where C=daily concentration,
F=daily flow, and n=number of daily samples; daily average discharge=
[GRAPHIC] [TIFF OMITTED] TN04NO97.015
55. ``Well Treatment Fluids'' mean any fluid used to restore or
improve productivity by chemically or physically altering hydrocarbon-
bearing strata after a well has been drilled. These fluids move into
the formation and return to the surface as a slug with the produced
water. Stimulation fluids include substances such as acids, solvents,
and propping agents.
56. ``Workover Fluids'' mean salt solutions, weighted brines,
polymers, and other specialty additives used in a producing well to
allow safe repair and maintenance or abandonment procedures. High
solids drilling fluids used during work over operations are not
considered work over fluids by definition and therefore discharge is
prohibited. Packer fluids, low solids fluids between the packer,
production string and well casing, are considered to be workover fluids
and must meet only the effluent requirements imposed on workover
fluids.
57. The term ``MGD'' shall mean million gallons per day.
58. The term ``mg/l'' shall mean milligrams per liter or parts per
million (ppm).
59. The term ``ug/l'' shall mean micrograms per liter or parts per
billion (ppb).
[[Page 59701]]
Appendix A
Table 1-A.--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between the Discharge Pipe and the Sea Floor 2 Meters and Less
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter (inches)
-----------------------------------------------------------------------------------------------
Discharge rate (bbl/day) 5'' 7'' 9'' 11''
>0'' to 5'' to 7'' to 9'' to 11'' to 15'' 15''
--------------------------------------------------------------------------------------------------------------------------------------------------------
500.......................................... 0.26 0.26 0.26 0.11 0.1 0.09
501 to 1,000............................................ 0.66 0.66 0.66 0.66 0.66 0.66
1,001 to 2,000.......................................... 1.44 1.44 1.44 1.44 1.44 1.44
2,001 to 3,000.......................................... 2.63 2.2 2.2 2.2 2.2 2.2
3,001 to 4,000.......................................... 4.2 3.0 3.0 3.0 3.0 3.0
4,001 to 5,000.......................................... 5.6 3.6 3.6 3.6 3.6 3.6
5,001 to 7,500.......................................... 7.6 6.4 5.3 5.3 5.3 5.3
7,501 to 10,000......................................... 8.8 9.4 6.8 6.8 6.8 6.8
10,001 to 15,000........................................ 10.5 12.25 10.8 9.1 9.1 9.1
15,001 to 20,000........................................ 11.5 13.6 14.8 10.9 10.9 10.1
20,001 to 35,000........................................ 13.0 15.6 17.4 18.7 15.4 14.4
35,001 to 50,000........................................ 13.7 16.5 18.5 20.0 21.1 16.6
50,001 to 75,000........................................ 16.7 17.3 19.5 21.0 22.25 19.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
bbl/day means barrels per day.
Table 1-B.--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between the Discharge Pipe and the Sea Floor Greater Than 2 Meters to 4
Meters
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter (inches)
-----------------------------------------------------------------------------------------------
Discharge rate (bbl/day) 5'' 7'' 9'' 11''
>0'' to 5'' to 7'' to 9'' to 11'' to 15'' 15''
--------------------------------------------------------------------------------------------------------------------------------------------------------
500.......................................... 0.1 0.1 0.1 0.1 0.1 0.1
501 to 1,000............................................ 0.2 0.2 0.2 0.2 0.2 0.2
1,001 to 2,000.......................................... 0.36 0.36 0.36 0.36 0.36 0.36
2,001 to 3,000.......................................... 0.74 0.65 0.65 0.65 0.65 0.65
3,001 to 4,000.......................................... 1.1 0.86 0.86 0.86 0.86 0.86
4,001 to 5,000.......................................... 1.55 1.05 1.05 1.05 1.05 1.05
5,001 to 7,500.......................................... 3.0 1.74 1.5 1.5 1.5 1.5
7,501 to 10,000......................................... 4.6 2.6 2.0 2.0 2.0 2.0
10,001 to 15,000........................................ 5.8 4.9 3.2 2.8 2.8 2.8
15,001 to 20,000........................................ 6.2 7.6 5.0 3.6 3.5 3.5
20,001 to 35,000........................................ 6.7 8.8 9.8 7.5 5.9 5.6
35,001 to 50,000........................................ 7.0 9.2 11.0 11.2 8.9 6.9
50,001 to 75,000........................................ 7.15 9.5 11.4 13.0 13.5 8.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
bbl/day means barrels per day.
Table 1-C.--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between the Discharge Pipe and the Sea Floor Greater Than 4 Meters to 6
Meters
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter (inches)
-----------------------------------------------------------------------------------------------
Discharge rate (bbl/day) 5'' 7'' 9'' 11''
>0'' to 5'' to 7'' to 9'' to 11'' to 15'' 15''
--------------------------------------------------------------------------------------------------------------------------------------------------------
500.......................................... 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000............................................ 0.09 0.09 0.09 0.09 0.09 0.09
1,001 to 2,000.......................................... 0.17 0.17 0.17 0.17 0.17 0.17
2,001 to 3,000.......................................... 0.26 0.24 0.24 0.24 0.24 0.24
3,001 to 4,000.......................................... 0.37 0.31 0.31 0.31 0.31 0.31
4,001 to 5,000.......................................... 0.6 0.5 0.5 0.5 0.5 0.5
5,001 to 7,500.......................................... 1.14 0.8 0.7 0.7 0.7 0.7
7,501 to 10,000......................................... 1.8 1.1 0.9 0.9 0.9 0.9
10,001 to 15,000........................................ 3.5 2.0 1.4 1.3 1.3 1.3
15,001 to 20,000........................................ 4.3 3.1 2.1 1.7 1.7 1.7
20,001 to 35,000........................................ 4.6 6.2 4.8 3.6 2.8 2.7
35,001 to 50,000........................................ 4.8 6.5 7.2 5.7 4.6 3.6
50,001 to 75,000........................................ 4.9 6.6 8.2 8.8 7.3 4.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
bbl/day means barrels per day.
[[Page 59702]]
Table 1-D. Produced Water Critical Dilution (Percent Effluent) Depth Difference Between the Discharge Pipe and the Sea Floor Greater than 6 Meters to 9
Meters
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter (inches)
----------------------------------------------------------------------------------------------
Discharge rate (bbl/day) 5'' 7'' 9'' 11'
>0'' to 5' to 7'' to 9'' to 11'' to 15'' 15''
--------------------------------------------------------------------------------------------------------------------------------------------------------
500........................................... 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000............................................. 0.06 0.06 0.06 0.06 0.06 0.06
1,001 to 2,000........................................... 0.1 0.1 0.1 0.1 0.1 0.1
2,001 to 3,000........................................... 0.15 0.14 0.14 0.14 0.14 0.14
3,001 to 4,000........................................... 0.21 0.18 0.18 0.18 0.18 0.18
4,001 to 5,000........................................... 0.27 0.22 0.22 0.22 0.22 0.22
5,001 to 7,500........................................... 0.6 0.43 0.41 0.41 0.41 0.41
7,501 to 10,000.......................................... 0.9 0.62 0.53 0.53 0.53 0.55
10,001 to 15,000......................................... 1.8 1.1 0.83 0.76 0.76 0.76
15,001 to 20,000......................................... 2.8 1.6 1.2 1.0 1.0 1.0
20,001 to 35,000......................................... 3.6 3.7 2.6 2.0 1.7 1.6
35,001 to 50,000......................................... 3.7 5.0 4.3 3.3 2.6 2.2
50,001 to 75,000......................................... 3.7 5.1 6.4 5.4 4.4 3.1
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bbl/day means barrels per day.
Table 1-E.--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between the Discharge Pipe and the Sea Floor Greater Than 9 Meters
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Pipe diameter (inches)
----------------------------------------------------------------------------------------------
Discharge rate (bbl/day) 5'' 7'' 9'' 11'
>0'' to 5'' to 7'' to 9'' to 11'' to 15'' 15''
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500........................................... 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000............................................. 0.06 0.06 0.06 0.06 0.06 0.06
1,001 to 2,000........................................... 0.09 0.09 0.09 0.09 0.09 0.09
2,001 to 3,000........................................... 0.11 0.1 0.1 0.1 0.1 0.1
3,001 to 4,000........................................... 0.13 0.12 0.12 0.12 0.12 0.12
4,001 to 5,000........................................... 0.15 0.13 0.13 0.13 0.13 0.13
5,001 to 7,500........................................... 0.22 0.18 0.18 0.18 0.18 0.18
7,501 to 10,000.......................................... 0.42 0.32 0.3 0.3 0.3 0.3
10,001 to 15,000......................................... 0.8 0.53 0.44 0.42 0.42 0.42
15,001 to 20,000......................................... 1.3 0.8 0.62 0.54 0.54 0.54
20,001 to 35,000......................................... 2.7 1.8 1.3 1.0 0.9 0.9
35,001 to 50,000......................................... 2.7 3.0 2.2 1.7 1.4 1.2
50,001 to 75,000......................................... 2.8 3.9 3.7 3.0 2.4 1.7
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bbl/day means barrels per day.
Table 2.--Minimum Vertical Port Separation Distance to Avoid
Interference
------------------------------------------------------------------------
Minimum
Port flow rate (bbl/day) separation
distance (m)
------------------------------------------------------------------------
0-500................................................... 2.2
501-1000................................................ 2.7
1001-2000............................................... 4.7
2001-5000............................................... 4.8
5001 and Greater........................................ 6.6
------------------------------------------------------------------------
Table 3.--Critical Dilutions (Percent Effluent) for Toxicity Limitations for Seawater and Freshwater to Which
Treatment Chemicals Have Been Added
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Pipe diameter
Depth difference** (meters) Discharge rate (bbl/ -------------------------------------------------------
day) >0'' to 2'' >2'' to 4'' >4'' to 6'' >6''
----------------------------------------------------------------------------------------------------------------
0 to 3......................... 0 to 1,000............. 11.4 5.1 5.1 6.3
1,001 to 10,000........ 38 53 62 67
Greater than 10,000.... 49 66 74 77
>3 to 5........................ 0 to 1,000............. 4.0 4.8 6.6 6.2
1,001 to 10,000........ 16.1 25 30 23
Greater than 10,000.... 23.6 33.3 39 49
>5 to 7........................ 0 to 1,000............. 4.0 4.8 5.6 6.2
1,001 to 10,000........ 12.8 21 18.1 18.8
Greater than 10,000.... 16.7 25.4 31.2 34.4
Greater than 7................. 0 to 1,000............. 4.0 4.8 5.6 6.2
[[Page 59703]]
1,001 to 10,000........ 9.8 16.3 18.1 18.8
Greater than 10,000.... 12.4 18.8 25.2 26.3
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Depth Difference means the distance in water depth between the discharge pipe and the seafloor.
Table 3.--Effluent Limitations, Prohibitions and Monitoring Requirements
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Monitoring requirement
Regulated and Discharge limitation/ --------------------------------------------------------------------
Discharge monitored discharged prohibition Measurement
parameter frequency Sample type/method Recorded value(s)
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Drilling fluid..................... ...................... No Discharge
Drill cuttings..................... ...................... No Discharge
Deck drainage...................... Free Oil.............. No free oil Once/day(*2)......... Visual sheen......... Number of days sheen
observed.
Produced water..................... Oil and grease........ 42 mg/l daily max. One/month............ Grab (*3)............ Dail max., monthly
29 mg/l monthly average.
average
Toxicity.............. 7-day average min. Dilution Dependent Grab................. Lowest NOEC for
NOEC (*10) and (*9). either of the two
monthly average min. species.
NOEC (*10).
Benzene, Lead, Total See Part I.B.3.a...... Dilution Dependent Grab................. Daily max., monthly
Phenols, and Thallium. (*9). average.
Radium 226 and 228.... Monitor............... Dilution Dependent Grab................. pCi/liter.
(*9).
Flow (MGD)............ Monitor............... Once/month........... Estimate............. Monthly Average.
Produced Sand...................... ...................... No Discharge
Well treatment fluids (*4) Free oil.............. No free oil........... Once day (*1)........ Statics sheen........ Number of days sheen
completion fluids (*4), and observed.
workover fluids (*4) (includes
packer fluids).
Oil and Grease........ 42 mg/l daily maxo., Once/month........... Grab (*3)............ Daily max., monthly
29 mg/l monthly avg. average.
Sanitary waste..................... Residual chlorine..... 1 mg/l (minimum)...... Once/month........... Grab................. Concentration.
Solids................ No Floating Solids.... Once/day............. Observation (*8)..... Number days solids
observed.
BOD5 (*6)............. 45 mg/l............... Once/six months...... Grab................. Concentration.
TSS (*6).............. 45 mg/l............... Once/six month....... Grap................. Concentration
Domestic waste..................... Solids................ No floating solids or Once/day............. Observation (*8)..... Number of days
foam. observed.
Miscellaneous discharges. Free oil.............. No free oil........... Once/week (*5)....... Visual sheen......... Number of days sheen
Desalinization unit discharge; observed.
blowout preventer fluid;
uncontaminated ballast water;
uncontaminated bilge water;
uncontaminated freshwater; mud,
cuttings and cement to sea floor;
uncontaminted seawater; boiler
blowdown; source water and sand;
diatomaceous earth filter media;
excess cement slurry.
[[Page 59704]]
Miscellaneous discharges of Treatment chemicals... Most stringent of: EPA
seawater and freshwater to which label registration,
treatment chemicals have been maximum manufacturers
added: excess seawater which recommended dose, or
permits the continuous operation 500 mg/l
of fire control and utility lift
pumps, excess seawater from
pressure maintenance and secondary
recovery projects, water released
during training of personnel in
fire protection, seawater used to
pressure test new piping and new
pipelines, ballast water, once-
through non-contact cooling water,
desalinization unit discharge.
Free oil.............. No free oil........... 1/week............... Visible sheen........ Number of days sheen
observed.
Toxicity.............. 48-hour average min. Rate Dependent (*11). Grab................. Lowest NOEC observed
NOEC and monthly avg for either of the
minimum NOEC (*12). two species.
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Footnotes
*1 When discharging.
*2 When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface of the
receiving water is possible in the vicinity of the discharge.
*3 May be based on a single grab sample or the arithmetic average of four grab sample results collected in the 24 hr. period.
*4 No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported
unless requested by EPA.
*5 When discharging for cement at the seafloor and blowout preventer fluid. All other miscellaneous discharges: when discharging, discharge is
authorized only during times when visual sheen observation is possible, unless the static sheen method is used. Uncontaminated seawater uncontaminated
freshwater, source water and source sand, uncontaminated bilge water, and uncontaminated ballast water from platforms on automatic purge systems may
be discharged without monitoring from platforms which are not manned.
*6 BOD5 and TSS limits only apply to discharges less than 2,500 gallons per day.
*7 Hach method CN-66 DPD approved. Minimum of 1 mg/l and maintained as close to this concentration as possible.
*8 Monitoring shall be accomplished during daylight by visual observation of the surface of the receiving water in the vicinity of sanitary and domestic
waste outfalls. Observations shall be made following either the morning or midday meals at a time of maximum estimated discharge.
*9 See Part I, section B.3.c. of this permit.
*10 See Table 1, Appendix A.
*11 Once/year for discharges from 0 bbl/day to 499 bbl/day, once/quarter for discharges from 500 bbl/day to 4,599 bbl/day, and once/month for discharges
of 4,600 bbl/day and greater.
*12 See Table 3, Appendix A.
[FR Doc. 97-29152 Filed 11-4-97; 8:45 am]
BILLING CODE 6560-50-P