[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58722-58738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29307]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6182-7]
Final NPDES General Permit for New and Existing Sources and New
Dischargers in the Offshore Subcategory of the Oil and Gas Extraction
Category for the Western Portion of the Outer Continental Shelf of the
Gulf of Mexico (GMG290000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final NPDES General Permit.
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SUMMARY: EPA Region 6 today issues in part the National Pollutant
Discharge
[[Page 58723]]
Elimination System (NPDES) general permit for the Western Portion of
the Outer Continental Shelf of the Gulf of Mexico (No. GMG290000) for
discharges from new sources, existing sources, and new dischargers in
the Offshore Subcategory of the Oil and Gas Extraction Point Source
Category (40 CFR part 435, subpart A). The existing permit published in
the Federal Register at 61 FR 41609 on August 9, 1996 authorized
discharges from exploration, development, and production facilities
located in and discharging to Federal waters of the Gulf of Mexico
seaward of the outer boundary of the territorial seas offshore off
Louisiana and Texas. The discharge of produced water to that portion of
the Outer Continental Shelf from Offshore Subcategory facilities
located in the territorial seas off Louisiana and Texas was also
authorized by that permit.
FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202, Telephone: (214) 665 7516, or via
EMAIL to the following address: turner.wilma@epamail.epa.gov
SUPPLEMENTAL INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those which
operate offshore oil and gas extraction facilities located in the Outer
Continental Shelf Offshore of Louisiana and Texas.
------------------------------------------------------------------------
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 comments on NPDES general permit
GMG290000 at 63 FR 2238 (January 14, 1998). Notice of this proposed
permit was also published in the New Orleans Times Picayune on January
24, 1998. The comment period closed on March 16, 1998.
Region 6 received comments from the Offshore Operators Committee,
American Petroleum Institute, Willie R. Taylor--United States
Department of Interior, Shell Offshore, Inc., BP Exploration, Inc., and
Exxon Company, U.S.A.
EPA Region 6 has considered all comments received. In response to
those comments, the final decision to authorize the discharge of
produced water is being postponed and will not be made at this time;
however, all other discharges which were proposed are being authorized
by the permit issued today. Due to the complexity of comments regarding
produced water discharges, the Region could not adequately respond and
issue the permit in a timely manner. A final decision on produced water
discharges will be issued as soon as the Region can adequately respond
to the related comments.
One of the comments concerning the produced water toxicity
requirements raised the same issue with respect to the toxicity
requirements for seawater and freshwater to which treatment chemicals
have been added. That issue concerns Version 3.20 of CORMIX, the
computer model which was used to calculate the proposed permit's
toxicity limits. The Region is, nevertheless, authorizing in today's
permit the discharge of freshwater and seawater to which treatment
chemicals have been added with the limits as stated in the proposed
permit. The Region has decided to go forward with the limits for
discharges of freshwater and seawater to which treatment chemicals have
been added for a number of reasons. First, the Region believes these
limits are technically defensible and reasonable. The Region also
recognizes an environmental need to issue standards for the discharge
of freshwater and seawater to which treatment chemicals have been
added, because such discharges are not currently authorized. Finally,
if modifications to the limits are warranted after further review and
analysis of the CORMIX computer model, the Region expects to make such
modifications in the near future.
The Offshore Operators Committee (OOC) has indicated its support of
the Region's approach, since a number of their members indicated a
desire to discharge those waste streams as soon as possible. The OOC
has stated they have no objection to including in today's permit of all
of the proposed effluent limits for the freshwater and seawater to
which treatment chemicals have been added, with the understanding that
(1) when the Agency develops the second phase of the permit; i.e.,
authorizes the discharge of produced water, it will investigate all
issues raised in OOC's comments regarding the use of the dispersion
model used to derive the toxicity limits, and (2) if the Agency
determines the model is inappropriate, it will modify the associated
limits as a part of issuance of the second phase of the permit.
In response to other comments received, only minor changes in the
permit's wording were made in the final permit. A copy of the Response
to Comments may be obtained from Wilma Turner at the address listed
above.
Other Legal Requirements
Ocean Discharge Criteria Evaluation
At 63 FR 2238, EPA Region 6 determined that discharges in
compliance with the proposed general permit for the Western Gulf of
Mexico Outer Continental Shelf general permit (GMG290000) would not
cause unreasonable degradation of the marine environment. No comments
have been received which disagree with that determination.
Coastal Zone Management Act
The Region found the proposed general permit consistent with
approved Coastal Zone Management Plans for Louisiana and Texas and
submitted those determinations to the appropriate State agencies for
certification. Such certification was received from the Coastal
Management Division of the Louisiana Department of Natural Resources.
However, the Texas General Land Office informed EPA that this action is
not subject to their consistency review, since the area covered under
the permit is outside the Texas Coastal Management Program's boundary.
Marine Protection, Research, 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 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. Pursuant to the Marine Protection and Sanctuaries
Act, the National Oceanographic and Atmospheric Administration has
designated the Flower Garden Banks, an area within the coverage of the
OCS
[[Page 58724]]
general permit, a marine sanctuary. The OCS general permit prohibits
discharges in areas of biological concern, including marine
sanctuaries. No change adopted today affects that prohibition.
Endangered Species Act
As explained at 63 FR 2238, EPA has found that issuance of the
General Permit for the Outer Continental for the Western Gulf of Mexico
will not adversely affect any listed threatened or endangered species
or designated critical habitat and requested written concurrence on
that determination from the National Marine Fisheries Service. The
National Marine Fisheries Service provided such concurrence on the
proposed NPDES General Permit for the Western Portion of the Outer
Continental Shelf of the Gulf of Mexico.
State Water Quality Standards and State Certification
Because state waters are not included in the area covered by this
NPDES general permit, no state waters are affected by the discharges it
authorizes. Thus, the state water quality certification provisions of
CWA section 401 do not apply to this permit.
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 contain
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 guidelines on which a number of the
permit's provisions are based and submitted it to OMB for review. See
58 FR 12494.
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 previous Western Gulf of Mexico Outer Continental Shelf (OCS)
general permit (GMG290000) the paperwork burdens are expected to be
nearly identical. When it issued the previous OCS general permit, EPA
estimated it would take an affected facility three hours to prepare the
request for coverage and 38 hours per year to prepare discharge
monitoring reports. Although produced water discharges are not
authorized by the permit at this time, it is estimated that the time
required to prepare the request for coverage and discharge monitoring
reports for the reissued permit will be approximately the same.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq,io0 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), Public Law
104-4, generally requires Federal agencies to assess the effects of
their ``regulatory actions'' on State, local, and tribal governments
and the private sector. As stated in the Federal Register document for
the proposed permit, this permit is not a rule which is subject to the
requirements of the UMRA. The 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. Additionally, EPA does not
expect small governments to operate facilities authorized to discharge
by this permit. No comments were received which challenge EPA's
interpretation of the Unfunded Mandates Reform Act, as it applies to
this permit.
National Environmental Policy Act (NEPA)
As stated in the Federal Register notice for the proposed permit
(see 63 FR 2238, January 14, 1998) EPA determined that reissuance of
this NPDES general permit will not result in any new impacts which were
not subjected to NEPA analysis in either Mineral Management Service's
EIS or the SEIS produced by EPA Region 6. All discharges authorized by
this reissued permit were addressed in that NEPA Review. Thus EPA did
not prepare a supplemental environmental impact statement for this
action. No comments, on the proposed permit, were received which would
suggest additional actions are required to meet the requirements of
NEPA.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et. seq. the ``Act''), operators of lease
blocks in the Oil and Gas Extraction Point Source Category which are
located in Federal waters of the Western Portion of the Gulf of Mexico
(defined as seaward of the outer boundary of the territorial seas off
Louisiana and Texas) are authorized to discharge to the Western Portion
of the Federal Waters of the Gulf of Mexico in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in
parts I, II, and III hereof.
Operators of lease blocks located within the general permit area
must submit written notification to the Regional Administrator that
they intend to be covered (see part I.A.2). Unless otherwise notified
in writing by the Regional Administrator after submission of the
notification, owners or operators requesting coverage are authorized to
discharge under this general permit. Operators of lease blocks within
the general permit area who fail to notify the Regional Administrator
of intent to be covered by this general permit are not authorized under
this general permit to discharge pollutants from those facilities.
Operators who have previously submitted a written notification of
intent to be covered by a subsequent permit, as required by the
previous permit, need not submit an additional notification of intent
to be covered.
Facilities which adversely affect properties listed or eligible for
listing in the National Register of Historic Places are not authorized
to discharge under this permit.
This permit shall become effective at Midnight Central Daylight
Savings Time on November 2, 1998.
This permit and the authorization to discharge shall expire at
midnight,
[[Page 58725]]
Central Standard Time, November 3, 2003.
William B. Hathaway,
Director, Water Quality Protection Division, 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, well treatment operations, and well workover
and abandonment operations.
The permit coverage area consists of lease blocks located in and
discharging to Federal waters in the Gulf of Mexico seaward of the
outer boundary of the territorial seas offshore of Louisiana and Texas
and shall include lease blocks west of the western boundary of the
outer continental shelf lease areas defined as: Mobile, Viosca Knoll
(north part), Destin Dome, Desoto Canyon, Lloyd, and Henderson. In
Texas, where the state has mineral rights to 3 leagues, some operators
with state lease tracts are required to request coverage under this
Federal NPDES general permit. This permit does not authorize discharges
from facilities located in or discharging to the territorial seas of
Louisiana or Texas or 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 Department of Interior or the state or, if none, the name commonly
assigned to the lease area shall be submitted at least fourteen days
prior to the commencement of discharge. If the lease block was
previously covered by this or another permit, the operator shall also
include the previous permit number in the notification. The notice of
intent must also identify any facility which is a New Source and state
the date on which the facility's protection from more stringent new
source performance standards or technology based limitations ends. That
date is the soonest of: ten years from the date that construction is
completed, ten years from the date the source begins to discharge
process or non-construction related waste water, or the end of the
period of depreciation or amortization of the facility for the purposes
of section 167 or 169 (or both) of the Internal Revenue code of 1954.
Additionally, if an application for an individual permit for the
activity was previously submitted to EPA Region 6, the notice of intent
shall include the application/permit number of that application or the
permit number of any individual NPDES permit issued by EPA Region 6 for
this activity.
Permittees located in lease blocks that (a) are neither in nor
adjacent to MMS-defined ``no activity'' areas, or (b) do not require
live-bottom surveys are required only to submit a notice of intent to
be covered by this general permit. Permittees who are located in lease
blocks that are either in or adjacent to ``no activity'' areas or
require live bottom surveys are required to submit both a notice of
intent to be covered that specifies they are located in such a lease
block, and in addition are required to submit a notice of commencement
of operations.
Permittees located in lease blocks either in or immediately
adjacent to MMS-defined ``no activity'' areas, shall be responsible for
determining whether a controlled discharge rate is required. The
maximum discharge rate for drilling fluids is determined by the
distance from the facility to the ``no activity'' area boundary and the
discharge rate equation provided in part I.B.1.b. of this permit. The
permittee shall report the distance from the permitted facility to the
``no activity'' area boundary and the calculated maximum discharge rate
to EPA with its notice of commencement of operations.
For permittees located in lease blocks that require live-bottom
surveys, the final determination of the presence or absence of live-
bottom communities, the distance of the facility from identified live-
bottom areas, and the calculated maximum discharge rate shall be
reported with the notice of commencement of operations.
All notifications of intent to be covered and any subsequent
reports under this permit shall be sent to the following address: Water
Enforcement Branch (6EN-WC), Region 6, U.S. Environmental Protection
Agency, P.O. Box 50625, Dallas, TX 75250. Operators who have previously
submitted a written notification of intent to be covered by a
subsequent permit, as required by the previous permit, need not submit
an additional notification of intent to be covered.
3. Termination of Operations
Lease block operators shall notify the Regional Administrator
within 60 days after the permanent termination of discharges from their
facilities within the lease block.
Section B. Effluent Limitations and Monitoring Requirements
1. Drilling Fluids
The discharge of drilling fluids shall be limited and monitored by
the permittee as specified in Table 2 of appendix A and as below.
Special Note: The permit prohibitions and limitations that apply
to drilling fluids, also apply to fluids that adhere to drill
cuttings. Any permit condition that may apply to the drilling fluid
discharges, therefore, also applies to cuttings discharges.
[Exception] The discharge rate limit for drilling fluids does not
apply to drill cuttings.
a. Prohibitions
Oil-Based Drilling Fluids. The discharge of oil-based drilling
fluids and inverse emulsion drilling fluids is prohibited.
Oil Contaminated Drilling Fluids. The discharge of drilling fluids
which contain waste engine oil, cooling oil, gear oil or any lubricants
which have been previously used for purposes other than borehole
lubrication, is prohibited.
Diesel Oil. Drilling fluids to which any diesel oil has been added
as a lubricant may not be discharged.
b. Limitations
Mineral Oil. Mineral oil may be used only as a carrier fluid
(transporter fluid), lubricity additive, or pill.
Cadmium and Mercury in Barite. There shall be no discharge of
drilling fluids to which barite has been added, if such barite contains
mercury in excess of 1.0 mg/kg (dry weight) or cadmium in excess of 3.0
mg/kg (dry weight). The permittee shall analyze a representative sample
of all stock barite used once, prior to drilling each well, and submit
the results for total mercury and cadmium in the Discharge Monitoring
Report (DMR).
If more than one well is being drilled at a site, new analyses are
not required for subsequent wells, provided that no new supplies of
barite have been received since the previous analysis. In this case,
the results of the previous analysis should be used on the DMR.
Alternatively, the permittee may provide certification, as
documented by the supplier(s), that the barite being used on the well
will meet the above limits. The concentration of the mercury and
cadmium in the barite shall be reported on the DMR as documented by the
supplier.
Analyses shall be conducted by absorption spectrophotometry (see 40
[[Page 58726]]
CFR part 136, flame and flameless AAS) and the results expressed in mg/
kg (dry weight).
Toxicity. Discharged drilling fluids shall meet both a daily
minimum and a monthly average minimum 96-hour LC50 of at least 30,000
ppm in a 9:1 seawater to drilling fluid suspended particulate phase
(SPP) volumetric ratio using Mysidopsis bahia. Monitoring shall be
performed at least once per month for both a daily minimum and the
monthly average. In addition, an end-of-well sample is required for a
daily minimum. The type of sample required is a grab sample, taken from
beneath the shale shaker, or if there are no returns accross the shale
shaker, the sample must be taken from a location that is characteristic
of the overall mud system to be discharged. Permittees shall report
pass or fail on the DMR using either the full toxicity test or the
partial toxicity test as specified at 58 FR 12512; however, if the
partial toxicity test shows a failure, all testing of future samples
from that well shall be conducted using the full toxicity test method
to determine the 96-hour LC50.
Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the static sheen method once per week when discharging.
The number of days a sheen is observed must be recorded.
Discharge Rate. All facilities are subject to a maximum discharge
rate of 1,000 barrels per hour.
For those facilities subject to the discharge rate limitation
requirement because of their proximity to areas of biological concern,
the discharge rate of drilling fluids shall be determined by the
following equation:
R = 10 [3 Log (d/15) + Tt]
Where:
R = discharge rate (bbl/hr)
d = distance (meters) from the boundary of a controlled discharge rate
area
Tt
= toxicity-based discharge rate term
= [log (LC50 x 8 x 10-6)] / 0.3657
Drilling fluids discharges (based on a mud toxicity of 30,000 ppm)
equal to or less than 544 meters from areas of biological concern shall
comply with the discharge rate obtained from the equation above.
Drilling fluids discharges which are shunted to the bottom as required
by MMS lease stipulation are not subject to this discharge rate control
requirement.
All discharged drilling fluids, including those fluids adhering to
cuttings must meet the limitations of this section except that
discharge rate limitations do not apply before installation of the
marine riser.
C. Monitoring Requirements
Drilling Fluids Inventory. The permittee shall maintain a precise
chemical inventory of all constituents and their total volume or mass
added downhole for each well.
2. Drill Cuttings
The discharge of drill cuttings shall be limited and monitored by
the permittee as specified in appendix A, Table 2 and as below.
a. Prohibitions
Cuttings from Oil Based Drilling Fluids. The discharge of cuttings
that are generated while using an oil-based or invert emulsion mud is
prohibited.
Cuttings from Oil Contaminated Drilling Fluids. The discharge of
cuttings that are generated using drilling fluids which contain waste
engine oil, cooling oil, gear oil or any lubricants which have been
previously used for purposes other than borehole lubrication, is
prohibited.
Cuttings Generated Using Drilling Fluids which Contain Diesel Oil.
Drill cuttings generated using drilling fluids to which any diesel oil
has been added as a lubricant may not be discharged.
Cuttings Generated Using Mineral Oil. The discharge of cuttings
generated using drilling fluids which contain mineral oil is prohibited
except when the mineral oil is used as a carrier fluid (transporter
fluid), lubricity additive, or pill.
Cadmium and Mercury in Barite. Drill cuttings generated using
drilling fluids to which barite has been added shall not be discharged
if such barite contains mercury in excess of 1.0 mg/kg (dry weight) or
cadmium in excess of 3.0 mg/kg (dry weight).
Toxicity. Drill cuttings generated using drilling fluids with a
daily minimum or a monthly average minimum 96-hour LC50 of less than
30,000 ppm in a 9:1 seawater to drilling fluid suspended particulate
phase (SPP) volumetric ratio using Mysidopsis bahia shall not be
discharged.
b. Limitations
Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the static sheen test method once per week when
discharging. The number of days a sheen is observed must be recorded.
3. 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.
4. Produced Sand
There shall be no discharge of produced sand.
5. Well Treatment Fluids, Completion Fluids, and Workover Fluids
a. Limitations
Free Oil. No free oil shall be discharged. 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. Well treatment, completion, and workover fluids
must meet both a daily maximum of 42 mg/l and a monthly average of 29
mg/l limitation for oil and grease. 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 or the alternate method described in part I.D.5 of this permit.
Priority Pollutants. For well treatment fluids, completion fluids,
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.
6. Sanitary Waste (Facilities Continuously Manned by 10 or More
Persons)
a. Prohibitions
Solids. No floating solids may be discharged to the receiving
waters. An observation must be made once per day for floating solids.
Observation must be made during daylight in the vicinity of sanitary
waste outfalls following either
[[Page 58727]]
the morning or midday meal and at a time during maximum estimated
discharge. The number of days solids are observed must be recorded.
b. Limitations
Residual Chlorine. Total residual chlorine is a surrogate parameter
for fecal coliform. Discharge of 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).
[Exception] Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
in compliance with permit limitations for sanitary waste. The MSD shall
be tested yearly for proper operation and the test results maintained
at the facility.
7. Sanitary Waste (Facilities Continuously Manned by 9 or Fewer Persons
or Intermittently by Any Number)
Prohibitions
Solids. No floating solids may be discharged to the receiving
waters. An observation must be made once per day for floating solids.
Observation must be made during daylight in the vicinity of sanitary
waste outfalls following either the morning or midday meal and at a
time during maximum estimated discharge. The number of days solids are
observed must be recorded.
[Exception] Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
to be in compliance with permit limitations for sanitary waste. The MSD
shall be tested yearly for proper operation and the test results
maintained at the facility.
8. 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.
9. Miscellaneous Discharges
Desalination Unit Discharge
Diatomaceous Earth Filter Media
Blowout Preventer Fluid
Uncontaminated Ballast Water
Uncontaminated Bilge Water
Mud, Cuttings, and Cement at the Seafloor
Uncontaminated Freshwater
Uncontaminated Seawater
Boiler Blowdown
Source Water and Sand
Excess Cement Slurry
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 by use of the static sheen method at
the operator's option. The number of days a sheen is observed must be
recorded.
[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 seafloor 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 visual
sheen on the surface of the receiving water impossible.
10. 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
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), or if specified the 7-day
average minimum and monthly average minimum NOEC, must be equal to or
greater than the critical dilution concentration specified in this
permit in Table 3-A for seawater discharges and 3-B for freshwater
discharges. 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 (or 7-day average minimum 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.4.a also apply to
seawater and freshwater discharges which have been chemically treated.
[[Page 58728]]
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. Floating Solids or Visible Foam
There shall be no discharge of floating solids or visible foam from
any source in other than trace amounts.
[Exception] For new sources, this limitation only applies to
miscellaneous discharges and domestic waste discharges.
2. Halogenated Phenol Compounds
There shall be no discharge of halogenated phenol compounds as a
part of any waste stream authorized in this permit.
3. 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 and the Minerals Management Service. This restriction
applies to tank cleaning and other operations which do not directly
involve the safety of workers. The restriction is imposed because
detergents disperse and emulsify oil, thereby increasing toxicity and
making the detection of a discharge of oil more difficult.
4. Garbage
The discharge of garbage (see part II.G.32) is prohibited .
[Exception] Comminuted food waste (able to pass through a screen
with a mesh no larger than 25 mm, approx. 1 inch) may be discharged
when 12 nautical miles or more from land.
5. Area of Biological Concern
There shall be no discharge in Areas of Biological Concern,
including marine sanctuaries. The Flower Garden Banks has been
determined to be a Marine Sanctuary and is within the geographical area
covered under this permit.
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. Drilling Fluids Toxicity Test
The approved test method for permit compliance is identified as:
Drilling Fluids Toxicity Test at 40 CFR part 435, subpart A, appendix
2.
3. Chemically Treated Seawater and Freshwater Toxicity Testing
Requirements (48-Hour Acute NOEC Marine Limits)
The approved test methods for permit compliance are identified in
40 CFR part 136.
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. The NOEC (No observable Effect Concentration) is defined as the
greatest effluent dilution which does not result in lethality that is
statistically different from the control (0% effluent) at the 95%
confidence level.
d. If the effluent fails the survival endpoint at the critical
dilution, the permittee shall be considered in violation of this permit
limit. Also, when the testing frequency stated above is less than
monthly and the effluent fails the survival endpoint at the critical
dilution, the monitoring frequency for the affected species will
increase to monthly until such time as 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.11.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.
e. This permit may be reopened to require chemical specific
effluent limits, additional testing, and/or other appropriate actions
to address toxicity.
f. Test Acceptance. The permittee shall repeat a test, including
the control and all effluent dilutions, if the procedures and quality
assurance requirements defined in the test methods or in this permit
are not satisfied, including the following additional criteria:
(1) Each toxicity test control (0% effluent) must have a survival
equal to or greater than 90%.
(2) The percent coefficient of variation between replicates shall
be 40% or less in the control (0% effluent) for the Mysid shrimp
survival test and the Inland Silverside minnow survival test.
(3) The percent coefficient of variation between replicates shall
be 40% or less in the critical dilution, unless significant lethal
effects are exhibited for the Mysid shrimp survival test and the Inland
Silverside minnow survival test.
Test failure may not be construed or reported as invalid due to a
coefficient of variation value of greater than 40%. A repeat test shall
be conducted within the required reporting period of any test
determined to be invalid.
g. Statistical Interpretation. For the Mysid shrimp survival test
and the Inland Silverside minnow survival test, the statistical
analyses used to determine if there is a statistically significant
difference between the control and the critical dilution shall be in
accordance with the methods for determining the No Observed Effect
Concentration (NOEC) as described in EPA/600/4-90/027F or the most
recent update thereof.
If the conditions of Test Acceptability are met in Item 4.f above
and the percent survival of the test organism is equal to or greater
than 80% in the critical dilution concentration and all lower dilution
concentrations, the test shall be considered to be a passing test, and
the permittee shall report an NOEC of not less than the critical
dilution for the DMR reporting requirements found in Item i below.
h. 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 latest update thereof, 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.
i. In accordance with part II.D.4 of this permit, the permittee
shall report on the DMR for the reporting period whether the lowest
Whole Effluent Lethality values determined for either species passed
the 30-Day Average Minimum and 48-Hour Minimum NOEC. In addition, the
permittee shall report on the DMR the lowest NOEC survival value of the
two species.
4. Oil and Grease Alternative Test Procedure: Interim Limited Use
Approval
Proposed Method 1664 (61 FR 1730, January 23, 1996) may be used as
an alternative test procedure for NPDES permit compliance monitoring
purposes. This approval shall expire at
[[Page 58729]]
the time of the publication in the Federal Register of the final rule
governing the use of Method 1664. This approval includes all of the
analytical options within Method 1664 provided the equivalency
demonstration is performed and all performance specifications are met.
5. Visual Sheen Test
The visual sheen test is used to detect free oil by observing the
surface of the receiving water for the presence of a sheen while
discharging. The operator must conduct a visual sheen test only at
times when a sheen could be observed. This restriction eliminates
observations when atmospheric or surface conditions prohibit the
observer from detecting a sheen (e.g., overcast skies, rough seas,
etc.).
The observer must be positioned on the rig or platform, relative to
both the discharge point and current flow at the time of discharge,
such that the observer can detect a sheen should it surface down
current from the discharge. For discharges that have been occurring for
a least 15 minutes previously, observations may be made any time
thereafter. For discharges of less than 15 minutes duration,
observations must be made during both discharge and at 5 minutes after
discharge has ceased.
6. Static Sheen Test
The approved test method for permit compliance is identified as:
Static Sheen Test at 40 CFR part 435, subpart A, appendix 1.
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.4, 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. Permit Flexibility
This permit may be modified, revoked and reissued, or terminated
for cause in accordance with 40 CFR 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.
5. Property Rights
This permit does not convey any property rights of any sort, or any
exclusive privilege.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
[[Page 58730]]
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 judgement 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 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 Regional Administrator.
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
[[Page 58731]]
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 subject neither to
effluent limitations in the permit, nor to notification requirements
listed at part II.D.10.a.
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 Regional Administrator. The Regional Administrator 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).
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. Operators
may list a summary of all lease blocks where there is no activity in
lieu of DMRs for those lease blocks. The summary must state each lease
block name and outfall number and must include the monitoring period.
All pages of the DMR, or summary of no activity lease blocks, must be
signed and certified as required by part II.D.11 of this permit and
returned when due.
Additionally, the lease block number assigned by the Department of
the Interior shall be listed on all Discharge Monitoring Reports.
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 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. 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 24 hours from the time the permittee becomes aware of the
circumstances. Alternatively to oral reporting, the permittee may
report by EMAIL at the following address: [email protected]
A written submission shall be provided within 5 days of the time the
permittee becomes aware of the circumstances. 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) Violation of a maximum daily discharge limitation for any of
the pollutants listed by the Director in Part II of the permit to be
reported within 24 hours.
c. The Director may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
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:
[[Page 58732]]
(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 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 sections 301, 302, 306, 307, 308, 318, or 405
of the Act is subject to a fine of not less $2,500 nor more then
$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 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 $27,500 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 $11,000 per violation nor shall the maximum amount
exceed $27,500.
b. Class II Penalty
Not to exceed $11,000 per day for each day during which the
violation continues nor shall the maximum amount exceed $137,500.
Section F. Additional General Permit Conditions
1. When the Regional Administrator May Require Application for an
Individual NPDES Permit
The Regional Administrator 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 Regional Administrator, 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 Regional Administrator 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
[[Page 58733]]
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 or 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 OCS
identified by EPA, in consultation with the Department of Interior as
containing potentially productive or unique biological communities or
as being 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. ``Controlled Discharge Rates Areas'' means zones adjacent to
areas of biological concern.
13. ``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.
14. ``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] TN02NO98.276
15. ``Daily Maximum'' discharge limitations means the highest
allowable ``daily discharge'' during the calendar month.
16. ``Desalinization Unit Discharge'' means wastewater associated
with the process of creating freshwater from seawater.
17. ``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.
18. ``Development Drilling'' means the drilling of wells required
to efficiently produce a hydrocarbon formation or formations.
19. ``Development Facility'' means any fixed or mobile structure
that is engaged in the drilling of productive wells.
20. ``Diatomaceous Earth Filter Media'' means filter media used to
filter seawater or other authorized completion fluids and subsequently
washed from the filter.
21. ``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.
[[Page 58734]]
22. ``Director'' means the U.S. Environmental Protection Agency
Regional Administrator or an authorized representative.
23. ``Domestic Waste'' means material discharged from galleys,
sinks, showers, safety showers, eye wash stations, hand washing
stations, fish cleaning stations, and laundries.
24. ``Drill Cuttings'' means particles generated by drilling into
the subsurface geological formations including cured cement carried to
the surface with the drilling fluid.
25. ``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.
26. ``End of well Sample'' means the sample taken after the final
log run is completed and prior to bulk discharge.
27. ``Environmental Protection Agency'' (EPA) means the U.S.
Environmental Protection Agency.
28. ``Excess Cement Slurry'' means the excess mixed cement,
including additives and wastes from equipment washdown, after a
cementing operation.
29. ``Exploratory Facility'' means any fixed or mobile structure
that is engaged in the drilling of wells to determine the nature of
potential hydrocarbon reservoirs.
30. ``Fecal Coliform Bacteria Sample'' consists of one effluent
grab portion collected during a 24-hour period at peak loads.
31. ``Grab sample'' means an individual sample collected in less
than 15 minutes.
32. ``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 dishwater, graywater, and those substances that are defined or
listed in other Annexes to MARPOL 73/78.
33. ``Graywater'' means drainage from dishwater, shower, laundry,
bath, and washbasin drains and does not include drainage from toilets,
urinals, hospitals, and cargo spaces.
34. ``Inverse Emulsion Drilling Fluids'' means an oil-based
drilling fluid which also contains a large amount of water.
35. ``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.
36. ``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.
37. ``Maximum Hourly Rate'' means the greatest number of barrels of
drilling fluids discharged within one hour, expressed as barrels per
hour.
38. ``Muds, Cuttings, and Cement at the Seafloor'' means discharges
that occur at the seafloor prior to installation of the marine riser
and during marine riser disconnect, well abandonment and plugging
operations.
39. ``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 section 307, 318, 402,
and 405 of the Act.
40. ``New Source'' means any facility or activity that meets the
definition of ``new source'' under 40 CFR 122.2 and meets the criteria
for determination of new sources under 40 CFR 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
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
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.
41. ``No Activity Zones'' means those areas identified by the
Minerals Management Service (MMS) where no structures, drilling rigs,
or pipelines will be allowed. Those zones are identified as lease
stipulations in U.S. Department of Interior, MMS, August, 1990,
Environmental Impact Statement for Sales 131, 135, and 137, Western,
Central, and Eastern Gulf of Mexico. Additional no activity areas may
be identified by MMS during the life of this permit.
42. ``Operational waste'' means all cargo associated waste,
maintenance waste, cargo residues, and ashes and clinkers from
incinerators and coal burning boilers.
43. ``Packer Fluid'' means low solids fluids between the packer,
production string and well casing. They are considered to be workover
fluids.
44. ``Priority Pollutants'' means those chemicals or elements
identified by EPA, pursuant to section 307 of the Clean Water Act and
40 CFR 401.15.
45. ``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.
46. ``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.
47. ``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.
48. ``Sanitary Waste'' means human body waste discharged from
toilets and urinals.
49. ``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.
50. ``Sheen'' means a silvery or metallic sheen, gloss, or
increased reflectivity, visual color or iridescence on the water
surface.
51. ``Source Water and Sand'' means water from non-hydrocarbon
bearing formations for the purpose of pressure maintenance or secondary
recovery including the entrained solids.
52. ``Spotting'' means the process of adding a lubricant (spot)
downhole to free stuck pipe.
53. Synthetic Drilling Fluid'' means a drilling fluids which has
synthetic material as its continuous phase with water as the dispersed
phase.
54. ``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
[[Page 58735]]
seaward limit of inland waters, and extending seaward a distance of
three miles.
55. ``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.
56. ``Treatment Chemicals'' means biocides, corrosion inhibitors,
or other chemicals which are used to treat seawater or freshwater to
prevent corrosion or fouling of piping or equipement.
57. ``Uncontaminated Ballast/Bilge Water'' means seawater added or
removed to maintain proper draft.
58. ``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 red
during training and testing of personnel in fire protection, and (4)
water used to pressure test new piping.
59. ``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 red during the
training and testing of personnel in fire protection (4) seawater used
to pressure test piping, and (5) once through noncontact cooling water
which has not been treated with biocides.
60. ``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.
61. ``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.
62. ``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 workover operations are not
considered workover fluids by definition and therefore must meet
drilling fluid effluent limitations before discharge may occur. 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.
63. The term ``MGD'' shall mean million gallons per day.
64. The term ``mg/l'' shall mean milligrams per liter or parts per
million (ppm).
65. The term ``ug/l'' shall mean micrograms per liter or parts per
billion (ppb).
Table 1-A.--Critical Dilutions (Percent Effluent) for Toxicity Limitations for Seawater to Which Treatment Chemicals Have Been Added
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter
Depth difference** (meters) Discharge rate (bbl/day) ------------------------------------------------------------------
>0'' to 2'' >2'' to 4'' >4'' to 6'' >6''
--------------------------------------------------------------------------------------------------------------------------------------------------------
0 to 5........................................ 0 to 1,000........................... 15.6 19.4 6.15 15.4
>1,000 to 10,000..................... 22.6 29.5 *10.3 56
>10,000.............................. ............... 31 46.3 46
>5 to 10...................................... 0 to 1,000........................... 15.3 33 59 10.3
>1,000 to 10,000..................... 11.2 25 44 73.3
>10,000.............................. ............... 24.7 39.6 78
>10 to 20..................................... 0 to 1,000........................... 15 32.4 56.5 * 12.3
>1,000 to 10,000..................... 11.3 25 40 56.5
>10,000.............................. ............... 22.6 36.2 57
>20........................................... 0 to 1,000........................... 16.3 33 57 * 10.7
>1,000 to 10,000..................... 11.6 25.6 39.6 57.8
>10,000.............................. ............... 22.6 36.6 51
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Those critical dilutions which are followed by an asteric are required to be monitored using a chronic test.
** Depth Difference means the distance in water depth between the discharge pipe and the seafloor.
Table 1-B.-- Critical Dilutions (Percent Effluent) for Toxicity Limitations for Freshwater to Which Treatment Chemicals Have Been Added
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipe diameter
Depth difference (meters) Discharge rate (bbl/day) -------------------------------------------------------------------
>0'' to 2'' >2'' to 4'' >4'' to 6'' >6''
--------------------------------------------------------------------------------------------------------------------------------------------------------
All.......................................... 0 to 1,000........................... 7.2 8.2 17.4 18
>1,000 to 10,000..................... 17 76 * 11.4 * 13.1
>10,000.............................. ............... 64 93 * 18
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Those critical dilutions which are followed by an asteric are required to be monitored using a chronic test.
[[Page 58736]]
Table 2.--Effluent Limitations, Prohibitions and Monitoring Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitoring requirement
Regulated and monitored Discharge limitation/ ----------------------------------------------------------------
Discharge discharged parameter prohibition Measurement
frequency Sample type method Recorded value(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Fluids.................. Free Oil................. No free oil.............. Onceweek(*1)........ Static sheen........ Number of days
sheen observed.
Toxicity(*2) 96-hr LC50.. 30,000 ppm daily minimum. Once/month.......... Grab................ 96-hr LC50.
30,000 ppm monthly Once/end well(*3)... Grab................ 96-hr LC50.
average minimum.
Once/month.......... Grab................ 96-hr LC50.
Discharge Rate........... 1,000 barrels/hour....... Once/hour(*1)....... Estimate............ Max hourly rate.
Discharge Rate for (*4)..................... Once/hour(*1)....... Measure............. Max hourly rate.
controlled discharge
rate areas.
Mercury and cadmium...... No discharge of drilling Once prior to Absorption Spectro- mg mercury/kg
fluids to which barite drilling each well photometry. barite.
has been added, if such (*6). mg cadmium/kg
barite contains mercury barite.
in excess of 1.0 mg/kg
or cadmium in excess of
3.0 mg/kg (dry weight).
Oil Based or Inverse No discharge.............
Emulsion Drilling Fluids.
Oil Contaminated Drilling No discharge.............
Fluids.
Diesel Oil............... No discharge of drilling
fluids to which diesel
oil has been added.
Mineral Oil.............. Mineral oil may be used
only as a carrier fluid
(transporter fluid),
lubricity additive, or
pill.
Drilling Cuttings................ Free oil................. No free oil.............. Once/week(*1)....... Static sheen........ Number of days
sheen observed.
Toxicity(*2) 96-hr LC50.. No discharge of cuttings
generated using drilling
fluids which exhibit a
toxicity of less than
30,000 ppm daily minimum
or 30,000 ppm monthly
avg minimum.
Mercury and cadmium...... No discharge of cuttings
generated using drilling
fluids to which barite
has been added, if such
barite contains mercury
in excess of 1.0 mg/kg
or cadmium in excess of
3.0 mg/kg (dry weight).
Cuttings generated using No discharge.
Oil Based or Inverse
Emulsion Drilling Fluids.
Cuttings generated using No discharge.
Oil Contaminated
Drilling Fluids.
Cuttings generated using No discharge.
drilling fluids to which
Diesel Oil has been
added.
Cuttings generated using Mineral oil may be used
drilling fluids to which only as a carrier fluid
Mineral Oil has been (transporter fluid),
added. lubricity additive, or
pill.
Deck Drainage.................... Free Oil................. No free oil.............. Once/day (*7)....... Visual sheen........ Number of days
sheen observed.
Produced Sand.................... No Discharge.
Well treatment fluids, completion Free oil................. No free oil.............. Once/Day (*1)....... Static sheen........ Number of days
fluids, and workover fluids sheen observed.
(includes packer fluids) (*10).
[[Page 58737]]
Oil and Grease........... 42 mg/l daily max.,...... Once/month.......... Grab (*8)........... Daily max, monthly
29 mg/l monthly avg. average.
Sanitary waste (*12) continuously Residual chlorine (*13).. 1 mg/l (minimum)......... Once/month.......... Grab................ Concentration.
manned by 10 or more persons.
Solids................... No Floating Solids....... Once/Day............ Observation(*15).... Number of days
solids observed.
Sanitary waste (*12) continuously Solids................... No floating solids....... Once/day............ Observation (*15)... Number of days
manned by 9 or fewer persons or solids observed.
intermittently by any number.
Domestic waste (*14)............. Solids................... No floating solids or Once/day............ Observation(*15).... Number of days
foam. observed.
Miscellaneous discharges: Free oil................. No free oil.............. Once/week (*11)..... Visual sheen........ Number of days
Desalinization unit discharge; sheen observed.
blowout pre-venter fluid;
uncontaminated ballast water;
uncontaminated bilge water;
uncontaminated freshwater; mud,
cuttings and cement at seafloor;
uncontaminated seawater; boiler
blow-down; source water and
sand; diatomaceous earth filter
media; excess cement slurry.
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 500
permits the continuous operation mg/l.
of fire control and utility lift
pumps, excess seawater from
pressure maint. and secondary
recovery prjcts, water red
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.
Free oil................. No free oil.............. 1/Week.............. Visible sheen....... Number of days
sheen observed.
Toxicity................. 48-hour average min NOEC Rate Dependent (*17) Grab................ Lowest NOEC
and monthly avg minimum observed for
NOEC (*5). either of the two
species.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*1 When discharging.
*2 Suspended particulate phase (SPP) with Mysidopsis bahia following approved test method. The sample shall be taken beneath the shale shaker; or if
there are no returns across the shaker then the sample must be taken from a location that is characteristic of the overall mud system to be
discharged.
*3 Sample shall be taken after the final log run is completed and prior to bulk discharge.
*4 See Part I.B.1.b of this permit.
*5 See Appendix A, Table 1 of this permit.
*6 Analyses shall be conducted on each new stock of barite used.
*7 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.
*8 May be based on the arithmetic average of four grab sample results in a 24 hr. period.
*10 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.
[[Page 58738]]
*11 When discharging for muds, cuttings, and 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.
*12 Any facility which properly operates and maintains a marine sanitation device (MSD) that complies with pollution control standards and regulations
under section 312 of the Act shall be deemed to be in compliance with permit limitations for sanitary waste. The MSD shall be tested yearly for proper
operation, and test results maintained at the facility.
*13 Hach method CN-66 DPD approved. Minimum of 1 mg/l and maintained as close to this concentration as possible.
*14 The discharge of food waste is prohibited within 12 nautical miles from nearest land. Comminuted food waste able to pass through a 25 mm mesh screen
(approximately 1 inch) may be discharged more than 12 nautical miles from nearest land.
*15 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.
*16 Once/year for discharges from 0 bbl/day to 4599 bbl/day, once/calendar quarter for discharges of 4,600 bbl/day and greater.
*17 See Part I.B.1.1b of this permit.
[FR Doc 98-29307 Filed 10-30-98; 8:45 am]
BILLING CODE 6560-50-P
