99-5667. Final NPDES General Permit for Oil and Gas Exploration, Development and Production Facilities in Cook Inlet, AL (AKG285000)  

  • [Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
    [Notices]
    [Pages 11885-11908]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-5667]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [FRL-6307-4]
    
    
    Final NPDES General Permit for Oil and Gas Exploration, 
    Development and Production Facilities in Cook Inlet, AL (AKG285000)
    
    AGENCY: Environmental Protection Agency (EPA), Region 10.
    
    ACTION: Notice of final NPDES general permit.
    
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    SUMMARY: The Director, Office of Water, EPA Region 10, is issuing the 
    National Pollutant Discharge Elimination System (NPDES) General Permit 
    for Cook Inlet, Alaska, pursuant to the provisions of the Clean Water 
    Act, 33 U.S.C. 1251 et seq. The permit authorizes discharges from 
    existing oil and gas exploration, development and production platforms 
    and shore-based facilities in Upper Cook Inlet (north of the 
    Forelands). The permit also authorizes future exploratory operations in 
    Cook Inlet north of the line between Cape Douglas on the west, and Port 
    Chatham on the east. All dischargers covered by this permit fall within 
    the Coastal and Offshore Subcategory of the Oil and Gas Extraction 
    Point Source Category (40 CFR part 435, subparts A and D).
        Discharges authorized by this permit include drilling muds and 
    cuttings; produced water; deck drainage; sanitary and domestic wastes; 
    completion, workover, well treatment and test fluids; and miscellaneous 
    discharges. Discharges from facilities in the Onshore Subcategory (40 
    CFR Part 435, Subpart C), or to wetlands adjacent to the territorial 
    seas and inland coastal waters of Alaska are not authorized by this 
    permit. The permit does not authorize discharges from ``new sources,'' 
    as defined in 40 CFR 122.2.
        The existing permit was published in the Federal Register at 51 FR 
    35460 on October 3, 1986, and authorized discharges from oil and gas 
    facilities in Upper Cook Inlet, and from oil and gas exploration wells 
    in federal waters offered for lease by the U.S. Department of the 
    Interior's Minerals Management Service (MMS) in Federal Lease Sales 55 
    (Gulf of Alaska) and 60 (Cook Inlet) in state waters offered for lease 
    by the State of Alaska in Lease Sales 32, 33, 35, 40, 46A, and 49. The 
    permit issued in 1986 also covered areas offered under state lease 
    sales held during the effective period of the permit. The area of 
    coverage for the permit issued today is not linked to lease sale areas, 
    and covers all state and federal waters in Cook Inlet north of the line 
    between Cape Douglas on the west and Port Chatham on the east.
        A total of 23 facilities were covered under the 1986 general 
    permit. Of those 23 facilities, 18 are currently active. All of those 
    permittees have complied with the reissuance application procedures and 
    indicated preference to be covered under this general permit.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Laurie Mann, EPA Region 10, 1200 
    Sixth Avenue, Seattle, Washington 98101, Telephone: (206) 553-1583, or 
    via e-mail to the following address: mann.laurie@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Public Comment
    
        Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C. 
    1342, EPA proposed and solicited comments on NPDES general permit 
    AKG285000 at 60 FR 48796 (September 20, 1995). The public comment 
    period was scheduled to close November 30, 1995, but was extended to 
    January 29, 1996 at 60 FR 6155 (November 30, 1995). Public hearings 
    were held in Anchorage on November 28, 1995, Soldotna on November 29, 
    1995, and Homer on January 25, 1996.
        EPA Region 10 received over 350 letters, petitions and verbal 
    comments from tribal, federal and state governments, companies, non-
    profit organizations, and individuals. All comments specifically 
    addressing the draft Cook Inlet permit which were submitted during the 
    public comment period were considered during finalization of the 
    permit. Changes have been made from draft permit to the final permit in 
    response to public and governmental comment. All comments, along with 
    the EPA's responses, are summarized in the Response to Comments, which 
    may be obtained from Laurie Mann at the above address, or may be 
    obtained from the EPA Region 10 web site at www.epa.gov/r10earth/
    offices/water/ow.htm.
    
    Other Legal Requirements
    
    Ocean Discharge Criteria Evaluation
    
        EPA Region 10 has determined that discharges occurring under the 
    proposed permit are in compliance with section 403 of the Clean Water 
    Act. These discharges will not cause unreasonable degradation as long 
    as the depth-related conditions, discharge restrictions, and 
    environmental monitoring requirements in the permit are met. For 
    example, all discharges are prohibited within the boundaries, or within 
    1,000 meters of a coastal marsh, river delta, river mouth, and 
    designated Critical Habitat Areas, Areas of Special Attention, National 
    Park, State Game Refuges, and State Game Sanctuaries. The permit also 
    prohibits discharges in Kamishak Bay, Chinitna Bay, and Tuxedni Bay.
    
    Coastal Zone Management Act
    
        The State of Alaska, Office of Management and Budget, Division of 
    Governmental Coordination found this action to be consistent with the 
    approved Alaska Coastal Zone Management Program.
    
    Endangered Species Act
    
        EPA has determined that issuance of the Cook Inlet General Permit 
    will not
    
    [[Page 11886]]
    
    adversely affect any listed, threatened, or endangered species or 
    designated habitat, and National Marine Fisheries Service (NMFS) and 
    U.S. Fish and Wildlife provided written concurrence with EPA's 
    determination on the proposed NPDES General Permit.
    
    State Water Quality Standards and State Certification
    
        The State of Alaska, Department of Environmental Conservation, has 
    issued a Certificate of Reasonable Assurance that the subject 
    discharges comply with the Alaska State Water Quality Standards. The 
    EPA has considered Alaska's antidegradation policy (18 Alaska 
    Administrative Code (AAC 70.101(c)). The reissuance of this permit will 
    not result in additional pollutant loading to the receiving water; 
    therefore this action complies with the State's antidegradation policy.
    
    Executive Order 12866
    
        EPA has determined that this general permit is not a ``significant 
    regulatory action'' under the terms of Executive Order 12866 and is 
    therefore not subject to OMB review.
    
    Paperwork Reduction Act
    
        The information collection requirements of this permit were 
    previously approved by the Office of Management and Budget (OMB) under 
    the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
    and assigned OMB control numbers 2040-0086 (NPDES permit application) 
    and 2040-0004 (discharge monitoring reports).
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
    requires that EPA prepare a regulatory flexibility analysis for rules 
    subject to the requirements of 5 U.S.C. 553(b) that have a significant 
    impact on a substantial number of small entities. The permit issued 
    today, however, is not a ``rule'' subject to the requirements of 5 
    U.S.C. 553(b) and is therefore not subject to the Regulatory 
    Flexibility Act.
    
    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'' (defined to be the same as ``rules'' 
    subject to the RFA) on tribal, state, and local governments and the 
    private sector. The permit issued today, however, is not a ``rule'' 
    subject to the RFA and is therefore not subject to the requirements of 
    UMRA.
    
    Appeal of Permit
    
        Any interested person may appeal the Cook Inlet General NPDES in 
    the Federal Court of Appeals in accordance with Section 509(b)(1) of 
    the Clean Water Act. This appeal must be filed within 120 days of 
    permit issuance. The date of permit issuance is defined at 40 CFR 23.2 
    to be at 1:00 PM eastern time, two weeks after the date of publication 
    in the Federal Register.
    
    Authorization To Discharge Under the National Pollutant Discharge 
    Elimination System for Oil and Gas Exploration, Development and 
    Production
    
        In compliance with the provisions of the Clean Water Act, 33 U.S.C. 
    1251 et seq., the ``Act'', the following discharges are authorized in 
    accordance with this National Pollutant Discharge Elimination System 
    (``NPDES'').
    
    ------------------------------------------------------------------------
                                                                  Discharge
                             Discharge                               No.
    ------------------------------------------------------------------------
    Drilling Mud & Cuttings....................................           01
    Deck Drainage..............................................           02
    Sanitary Wastes............................................           03
    Domestic Wastes............................................           04
    Desalination Unit Wastes...................................           05
    Blowout Preventer Fluid....................................           06
    Boiler Blowdown............................................          007
    Fire Control System Test Water.............................          008
    Non-Contact Cooling Water..................................          009
    Uncontaminated Ballast Water...............................          010
    Bilge Water................................................          011
    Excess Cement Slurry.......................................          012
    Mud, Cuttings, Cement at Seafloor..........................          013
    Waterflooding Discharges...................................          014
    Produced Water.............................................          015
    Completion Fluids..........................................          016
    Workover Fluids............................................          017
    Well Treatment Fluids......................................          018
    Test Fluids................................................          019
    ------------------------------------------------------------------------
    
    from oil and gas development and production facilities to state waters 
    north of the Forelands in Upper Cook Inlet, and from exploratory 
    facilities to all state and federal waters in Cook Inlet north of the 
    line between Cape Douglas (at 58 deg.51' North, 153 deg. 15' West) on 
    the west and Port Chatham (at 59 deg.13' North, 151 deg. 47' West) on 
    the east (Figure 1). These development and production facilities are 
    classified in the Coastal Subcategory of the Oil and Gas Extraction 
    Point Source Category, as defined in 40 CFR Part 435, Subpart D. 
    Exploratory facilities are classified in the Offshore and Coastal 
    Subcategories as defined in 40 CFR Part 435, Subparts A and D. 
    Discharges must be in accordance with effluent limitations, monitoring 
    and reporting requirements, and other conditions set forth in Parts I 
    through VII herein.
        Permittees who are not granted coverage under this general permit 
    as described in Part I are not authorized to discharge to the specified 
    waters unless an individual permit has been issued to the Permittee by 
    EPA, Region 10. Discharges from facilities in the Onshore Subcategory 
    (40 CFR Part 435, Subpart C), or to wetlands adjacent to the 
    territorial seas and inland coastal waters of the State of Alaska, are 
    not authorized under this permit.
        During the effective period of this permit, operators authorized to 
    discharge under the general permit are authorized to discharge the 
    enumerated pollutants subject to the restrictions set forth herein. 
    This permit does not authorize the discharge of any waste streams, 
    including spills and other unintentional or non-routine discharges of 
    pollutants, that are not part of the normal operation of the facility, 
    or any pollutants that are not ordinarily present in such waste 
    streams.
        The facilities listed below are authorized to discharge under this 
    permit. The conditions of the previous permit become null and void upon 
    the effective date of this permit.
    
    ----------------------------------------------------------------------------------------------------------------
                Operator                               Facility                            NPDES Permit No.
    ----------------------------------------------------------------------------------------------------------------
    Unocal.........................  Granite Point Production Facility..........  AKG285001.
    Unocal.........................  Trading Bay Treatment Facility.............  AKG285002.
    Cross Timbers..................  East Foreland Treatment Facility...........  AKG285003.
    Unocal.........................  Platform Anna..............................  AKG285004.
    Unocal.........................  Platform Baker.............................  AKG285005.
    Unocal.........................  Platform Bruce.............................  AKG285006.
    Unocal.........................  Platform Dillon............................  AKG285007.
    Unocal.........................  King Salmon Platform.......................  AKG285008,
    Unocal.........................  Dolly Varden Platform......................  AKG285009.
    
    [[Page 11887]]
    
     
    Marathon.......................  Spark Platform.............................  AKG285010.
    Phillips.......................  Platform A (Tyonek Platform)...............  AKG285011.
    Cross Timbers..................  Platform A.................................  AKG285012.
    Cross Timbers..................  Platform C.................................  AKG285013.
    Marathon.......................  Spurr Platform.............................  AKG285014.
    Unocal.........................  Granite Point Platform.....................  AKG285015.
    Unocal.........................  Grayling Platform..........................  AKG285016.
    Unocal.........................  Monopod Platform...........................  AKG285017.
    ARCO...........................  Fire Island (Exploratory Well).............  AKG285018-INACTIVE.
    Unocal.........................  Steelhead Platform.........................  AKG285019.
    Marathon.......................  Steelhead (Blowout Relief Well)............  AKG285020-INACTIVE.
    ARCO...........................  Sturgeon (Exploratory Well)................  AKG285021-INACTIVE.
    ARCO...........................  Sunfish (Exploratory Well).................  AKG285022-INACTIVE.
    ARCO...........................  North Forelands (Exploratory Well).........  AKG285023-INACTIVE.
    ----------------------------------------------------------------------------------------------------------------
    
        This permit may be modified or revoked at any time if, on the basis 
    of any new data, the Director determines that this information would 
    have justified the application of different permit conditions at the 
    time of issuance. Permit modification or revocation will be conducted 
    in accordance with 40 CFR, Secs. 122.62, 122.63, and 122.64. In 
    addition to any other grounds specified herein, this permit shall be 
    modified or revoked at any time if, on the basis of any new data, the 
    Director determines that continued discharges may cause unreasonable 
    degradation of the marine environment.
        This permit does not authorize discharges from ``new sources'' as 
    defined in 40 CFR 122.2.
        This permit shall become effective on April 1, 1999.
        This permit and the authorization to discharge shall expire at 
    midnight on April 1, 2004.
    
        Signed this 25th day of February, 1999.
    Randall F. Smith,
    Director, Office of Water, U.S. Environmental Protection Agency, Region 
    10.
    
    Table of Contents
    
    I. Notification Requirements
        A. New Exploration Facilities
        B. New Discharges of Produced Water
        C. Existing Facilities
        D. All Facilities Covered by the Permit
        E. Changes from Coverage under General Permit to Coverage under 
    Individual Permit
    II. Prohibited Areas of Discharge and Depth-Related Requirements
        A. 10 Meter Isobath
        B. 5 Meter Isobath
        C. Geographic Restrictions
    III. Effluent Limitations and Monitoring Requirements
        A. Representative Sampling (Routine and Non-Routine Discharges)
        B. Drilling Mud, Drill Cuttings (Discharge 001)
        C. Deck Drainage (Discharge 002)
        D. Sanitary Wastes and Domestic Wastes (Discharges 003, 004)
        E. Miscellaneous Discharges (Discharges 005-014)
        F. Produced Water (Discharge 015)
        G. Completion Fluids, Workover Fluids, Well Treatment Fluids, 
    and Test Fluids (Discharges 016-019)
        H. Other Discharge Limitations
        I. Best Management Practices Plan Requirement
    IV. Recording and Reporting Requirements
        A. Reporting of Monitoring Results
        B. Annual Biocide Report
        C. Annual Chemical Inventory and TAH/TAqH Report Requirements
        D. Additional Monitoring by Permittee
        E. Records Contents
        F. Retention of Records
        G. Twenty-four Hour Notice of Noncompliance Reporting
        H. Other Noncompliance Reporting
        I. Changes in Discharge of Toxic Substances
    V. Compliance Responsibilities
        A. Duty to Comply
        B. Penalties for Violations of Permit Conditions
        C. Need to Halt or Reduce Activity not a Defense
        D. Duty to Mitigate
        E. Proper Operation and Maintenance
        F. Removed Substances
        G. Bypass of Treatment Facilities
        H. Upset Conditions
        I. Toxic Pollutants
        J. Planned Changes
        K. Anticipated Noncompliance
    VI. General Provisions
        A. Permit Actions
        B. Duty to Provide Information
        C. Other Information
        D. Signatory Requirements
        E. Availability of Reports
        F. Inspection and Entry
        G. Oil and Hazardous Substance Liability
        H. Property Rights
        I. Severability
        J. Transfers
        K. State Laws
        L. Reopener Clause
    VII. Definitions
    Figure 1. Area of Coverage: Cook Inlet Permit AKG285000
    
    I. Notification Requirements
    
    A. New Exploration Facilities
    
    1. Requests To be Covered by General Permit
        Written request to be covered by this permit must be provided to 
    EPA at least 60 days prior to initiation of discharges. The request 
    must include the following information:
        a. Name and address of the Permittee.
        b. General location (lease and block numbers) of operations and 
    discharges.
        c. Any discharge or operating conditions subject to special 
    monitoring requirements (Part III.B.3.).
    2. Authorization To Discharge
        The Permittee is not authorized to discharge without written 
    notification from EPA that operations at the discharge site have been 
    assigned an NPDES permit number under this general permit. A permit 
    number cannot be assigned until the following information is received. 
    This information must be provided to EPA at least 30 days prior to 
    initiation of discharges.
        a. Name and location of discharge site, including lease block 
    number and latitude and longitude.
        b. Range of water depths (below mean lower low water) in the lease 
    block(s), and the depth(s) of discharge(s).
        c. Initial date(s) and expected duration of operations.
    3. Commencement of Discharges
        The Permittee must notify EPA during the 7-day period prior to 
    initiation of discharges from the platform. The notification must 
    include the exact, final latitude and longitude and water depth of the 
    discharge site, as well as written certification that a Best Management 
    Practices Plan (Part III.I.1) is complete, on site and available to the 
    Agency upon request. This notification may be oral or in writing; if 
    notification is given orally, written confirmation must follow within 7 
    days.
    
    [[Page 11888]]
    
    B. New Discharges of Produced Water
    
    1. Eligibility
        Existing facilities are eligible to obtain authorization to 
    discharge produced water subject to the interim produced water 
    limitations specified at Part III.F.1. of the permit when produced 
    water discharge is planned, but has not been authorized at Part I.C.2. 
    of this permit.
    2. Requests To Be Covered by General Permit
        Written request to obtain authorization to discharge produced water 
    subject to the interim limitations specified in Part III.F. must be 
    provided to EPA at least 60 days prior to initiation of discharge. 
    Facilities wishing to obtain such authorization within 60 days of the 
    final effective date of this permit need not comply with the 60-day 
    requirement, but must provide the request as soon as possible prior to 
    initiation of discharge. The request must include the following 
    information:
        a. Description of eligibility (Part I.B.1.)
        b. Name and address of the Permittee.
        c. Name of facility.
        d. Specific location (including latitude and longitude, and 
    section, range, and township) of operations and discharges.
        e. Water depth at site and depth of discharge(s) with respect to 
    MLLW.
        f. Daily produced water flow rate.
        g. Date of commencing discharge and expected duration of 
    operations.
    3. Authorization
        The Permittee is not authorized to discharge produced water subject 
    to the interim produced water limitations without written notification 
    from EPA.
    4. Commencement of Discharges
        The Permittee must notify EPA within the 7-day period prior to 
    initiation of produced water discharges subject to the interim 
    limitations.
    
    C. Existing Facilities
    
    1. Discharges 001-014 and 016-019
        Facilities authorized to discharge under the 1986 Cook Inlet 
    General NPDES permit are automatically authorized to discharge by this 
    general permit as of its effective date. These facilities are listed 
    above. These Permittees need not submit a formal request for 
    authorization to discharge prior to commencement of discharges under 
    this permit.
    2. Discharge 015
        The following facilities are automatically authorized to discharge 
    produced water by this general permit as of its effective date: Granite 
    Point Production Facility, Trading Bay Treatment Facility, East 
    Foreland Treatment Facility, Anna, Baker, Bruce, Dillon, and Platform A 
    (Tyonek). These Permittees need not submit a formal request for 
    authorization to discharge prior to commencement of discharges under 
    this permit.
    
    D. All Facilities Covered by the Permit
    
    1. Duty To Reapply and/or Notice of Intent To Continue Activity
        If the Permittee wishes to discharge under the authority of this 
    permit after its expiration date, the Permittee must submit a notice of 
    intent to EPA to do so. The Notice of Intent must be submitted at least 
    180 days before the expiration date of this permit. An NPDES permit 
    application (EPA Form 3510-2C, Wastewater Discharge Information, 
    Consolidated Permits Program (revised February 1985)) constitutes a 
    complete Notice of Intent. Timely receipt by EPA of a complete Notice 
    of Intent will qualify the Permittee for an administrative extension of 
    its authorization to discharge under this permit pursuant to 5 USC 
    Section 558(c).
    2. Termination of Discharges
        The Permittee must notify EPA within 30 days following cessation of 
    discharges from the discharge site. The notification may be provided in 
    a Discharge Monitoring Report (DMR) or under separate cover.
    3. Submission of Requests To Be Covered and Other Reports
        Reports and notifications required herein must be submitted to the 
    following addresses.
        All requests for coverage: Director, Water Division, US EPA, Region 
    10, Attn: NPDES Permits Unit, OW-130, 1200 6th Avenue, Seattle, 
    Washington 98101, Phone: (206) 553-1583.
        All monitoring reports and notifications of non-compliance: 
    Director, Water Division, US EPA, Region 10, NPDES Compliance Unit, OW-
    133, 1200 6th Avenue, Seattle, Washington 98101, Phone: (206) 553-1846.
        For discharges to state waters only: Alaska Department of 
    Environmental Conservation, Attn: Watershed Management Section, 555 
    Cordova Street, Anchorage, AK 99501.
    
    E. Changes From Coverage Under General Permit To Coverage Under 
    Individual Permit
    
        1. The Director may require any permittee discharging under the 
    authority of this permit to apply for and obtain an individual NPDES 
    permit when any one of the following conditions exist:
        a. The discharge(s), including stormwater, is a significant 
    contributor of pollution.
        b. The Permittee is not in compliance with the conditions of this 
    general 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 source.
        d. Effluent limitation guidelines are promulgated for point sources 
    covered by this permit.
        e. The point sources covered by this permit no longer:
        (1) Involve the same or substantially similar types of operations,
        (2) Discharge the same types of wastewaters,
        (3) Require the same effluent limitations or operating conditions, 
    or
        (4) Require the same or similar monitoring.
        f. In the opinion of the Director, the discharges are more 
    appropriately controlled under an individual permit than under a 
    general NPDES permit.
        2. The Director may require any permittee authorized by this permit 
    to apply for an individual NPDES permit only if the Permittee has been 
    notified in writing that an individual permit application is required.
        3. Any permittee authorized by this permit may request to be 
    excluded from the coverage of this general permit by applying for an 
    individual permit. The owner or operator must submit an application 
    together with the reasons supporting the request to the Director no 
    later than 90 days after the effective date of the permit.
        4. When an individual NPDES permit is issued to a permittee 
    otherwise subject to this general permit, the applicability of this 
    general permit to that owner or operator is automatically terminated on 
    the effective date of the individual permit.
    
    II. Prohibited Areas of Discharge and Depth-Related Requirements
    
        Discharges from operations in Cook Inlet are prohibited in the 
    cases listed below. Permit applicants should contact EPA if they are 
    uncertain whether or not their discharges will be located in a 
    prohibited area.
    
    A. 10 Meter Isobath
    
        New dischargers (as defined at 40 CFR 122.2) are prohibited from 
    discharging produced water shoreward of the 10 m isobath (as measured 
    from mean lower low water).
    
    [[Page 11889]]
    
    B. 5 Meter Isobath
    
        The discharge of all effluents is prohibited shoreward of the 5 m 
    isobath (as measured from mean lower low water) including intertidal 
    areas.
    
    C. Geographic Restrictions
    
        All discharges are prohibited in the following areas:
        1. Shoreward of the 5.5 m isobath adjacent to either (1) the Clam 
    Gulch Critical Habitat Area (Sales 32, 40, 46A, and 49) or (2) from the 
    Crescent River northward to a point one-half mile north of Redoubt 
    Point (Sales 35 and 49).
        2. Within the boundaries or within 1,000 m of a coastal marsh, 
    river delta, river mouth, designated Area Meriting Special Attention, 
    State Game Refuge, State Game Sanctuary, Critical Habitat Area, or 
    National Park. (The seaward edge of a coastal marsh is defined as the 
    seaward edge of emergent wetland vegetation.)
        The following Areas Meriting Special Attention (AMSA), State Game 
    Refuges (SGR), State Game Sanctuaries (SGS), Critical Habitat Areas 
    (CHA), and National Park are located in the area covered by this 
    permit:
    
    Palmer Hay Flats SGR
    Goose Bay SGR
    Potter Point SGR
    Susitna Flats SGR
    McNeil River SGS
    Redoubt Bay CHA
    Anchorage Coastal Wildlife Refuge
    Trading Bay SGR
    Kalgin Island CHA
    Clam Gulch CHA
    Kachemak Bay CHA
    Lake Clark National Park
    Port Graham/Nanwalek AMSA
    
        The legal descriptions of state specialty areas are found in Alaska 
    Statues Title 16, Chapter 20. The present boundaries of these state 
    special areas are described in ``State of Alaska Game Refuges, Critical 
    Habitat Areas, and Game Sanctuaries,'' Alaska Department of Fish and 
    Game, Habitat Division, March 1991. Further information can be obtained 
    from the Alaska Department of Fish and Game, Habitat Division, Regional 
    Supervisor, 333 Raspberry Road, Anchorage, Alaska 99518-1599; phone 
    (907) 267-2284 or (907) 267-2342.
        3. In Kamishak Bay west of line from Cape Douglas to Chinitna 
    point.
        4. In Chinitna Bay inside of the line between the points on the 
    shoreline at latitude 59 deg.52'45'' N, longitude 152 deg.48'18'' W on 
    the north and latitude 59 deg.46'12'' N, longitude 153 deg.00'24'' W on 
    the south (Figure 1).
        5. In Tuxedni Bay inside of the lines on either side of Chisik 
    Island (Figure 1).
        a. From latitude 60 deg.04'06'' North, longitude 152 deg.34'12'' 
    West on the mainland to the southern tip of Chisik Island (latitude 
    60 deg.05'45'' North, longitude 152 deg.33'30'' West).
        b. From the point on the mainland at latitude 60 deg.13'45'' North, 
    longitude 152 deg.32'42'' West to the point on the north side of Snug 
    Harbor on Chisik Island (latitude 60 deg.06'36'' North, longitude 
    152 deg.32'54'' West).
    
    III. Effluent Limitations and Monitoring Requirements
    
        The operators must limit discharges as specified in the permit 
    below. All figures represent maximum effluent limits unless otherwise 
    indicated. The Permittee must comply with the following effluent limits 
    at all times unless provided for by this permit (e.g., unanticipated 
    bypass) regardless of the frequency of monitoring or reporting required 
    by other provisions of this permit.
    
    A. Representative Sampling (Routine and Non-Routine Discharges)
    
        1. The operators must collect all effluent samples from the 
    effluent stream prior to discharge into the receiving waters. Samples 
    and measurements must be representative of the volume and nature of the 
    monitored discharge.
        2. In order to ensure that the effluent limits set forth in this 
    permit are not violated at times other than when routine samples are 
    taken, the operators must collect additional samples at the appropriate 
    outfall(s), and analyze them for the parameters appropriate to that 
    waste stream, limited in Parts III.B.-III.I. of this permit, whenever 
    any discharge occurs that may reasonably be expected to cause or 
    contribute to a violation that is unlikely to be detected by a routine 
    sample.
        3. The Permittee must collect such additional samples as soon as 
    possible after the spill or discharge. The samples must be analyzed in 
    accordance with the monitoring requirements in Parts III.B.-III.I. of 
    this permit. In the event of an anticipated bypass, as defined in Part 
    V.G. of this permit, the Permittee must collect and analyze additional 
    samples as soon as the bypassed effluent reaches the outfall. The 
    Permittee must report all additional monitoring in accordance with Part 
    IV.D.
    
    B. Drilling Mud, Drill Cuttings (Discharge 001)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.B.2-3. 
    and IV, the Permittee must comply with the following effluent 
    limitations and monitoring requirements.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monitoring requirements
                                        Discharge    ---------------------------------------------------------------
       Effluent  characteristic        limitation                              Sample type/
                                                      Measurement frequency       method          Reported values
    ----------------------------------------------------------------------------------------------------------------
    Flow Rate 1 (Water Depth):
        >40 m.....................  1,000 bbl/hr....  Continuous during      Estimate........  Maximum hourly rate.
        >20-40 m..................  750 bbl/hr......   discharge.
        5-20 m....................  500 bbl/hr......
        <5 m......................="" no="" discharge....="" total="" volume..................="" see="" note="">2......  Daily................  Estimate........  Monthly total.
    Toxicity of drilling mud......  30,000 ppm SPP    Monthly & End-of-Well  Grab/Drilling     Part III.B.2.e.
                                     minimum.                                 Fluids Toxicity
                                                                              Test.
    Free oil......................  No discharge....  Daily & before bulk    Grab/Static       Number of days sheen
                                                       discharges.            Sheen Test Part   observed.
                                                                              III.B.2.d.
    Oil-based fluids, Synthetic     No discharge....  N/A..................  N/A.............  N/A.
     based fluids, Enhanced
     Mineral Oil-based fluids.
    Diesel oil....................  No discharge....  End-of-well, and at    Grab/GC Part      Presence or absence.
                                                       failure of static      III.B.2.c.
                                                       sheen.
    Metals........................  N/A.............  Once per mud system..  Part III.B.2.f..  Part III.B.2.f.
    
    [[Page 11890]]
    
     
    Mercury & cadmium in barite...  1 mg/kg Hg......  Once per well........  Part III.B.2.g..  mg/kg dry wt.
                                    3 mg/kg Cd
    ----------------------------------------------------------------------------------------------------------------
    1 Maximum flow rate of total muds and cuttings includes predilutant water; water depths are measured from mean
      lower low water.
    2 Report total volumes for all types of operations (exploratory, production and development). For exploratory
      operations, drilling discharges are limited to no more than five wells at a single drilling site. If a step-
      out or sidetracked well is drilled from a previously drilled hole, the step-out well is counted as new well.
      Dual lateral, which involve drilling a primary well bore and kicking off a second leg, are considered to be
      one well. Requests to discharge from more than five wells per site will be considered by the Water Division
      Director on a case-by-case basis.
    
        a. Mineral oil pills. The discharge of residual amounts of mineral 
    oil pills (mineral oil plus additives) is authorized by the permit 
    provided that the mineral oil pill and at least a 50 bbl buffer of 
    drilling fluid on either side of the pill are removed from the 
    circulating drilling fluid system and not discharged to waters of the 
    United States. If more than one pill is applied to a single well, the 
    previous pill and buffer must be removed prior to application of a 
    subsequent pill.
        (2) Residual mineral oil concentration in the discharged mud must 
    not exceed 2% volume/volume (API Recommended Practice 13-1, 1990) (see 
    Part III.B.2.c.). If drilling mud containing residual mineral oil pill 
    (after pill and buffer removal) is discharged, the following 
    information must be reported within 60 days of the discharge:
        (a) Dates of pill application, recovery, and discharge;
        (b) Results of the Drilling Fluids Toxicity Test on samples of the 
    mud before each pill is added and after removal of each pill and buffer 
    (taken when residual mineral oil pill concentration is expected to 
    greatest);
        (c) Name of spotting compound and mineral oil product used;
        (d) Volumes of spotting compound, mineral oil, water, and barite in 
    the pill;
        (e) Total volume of mud circulating prior to pill application, 
    volume of pill formulated, and volume of pill circulated;
        (f) Volume of pill recovered, volume of mud buffer recovered, and 
    volume of mud circulating after pill and buffer recovery;
        (g) Percent recovery of the pill (include calculations);
        (h) Estimated concentrations of residual spotting compound and 
    mineral oil in the sample of mud discharged, as determined from amounts 
    added and total mud volume circulating prior to pill application;
        (i) Measured oil content of the mud samples, as determined by the 
    API retort method; and
        (j) An itemization of other drilling fluid components and specialty 
    additives contained in the discharged mud with concentrations reported 
    in gal/bbl or lb/bbl.
    2. Monitoring and Reporting Requirements
        Monitoring must be conducted according to test procedures approved 
    under 40 CFR Part 136, unless other test procedures are specified here 
    or elsewhere in this permit. Representative sampling requirements are 
    discussed in Part III.A.
        a. Chemical Inventory. For each mud system discharged, the 
    Permittee must maintain a precise chemical inventory of all 
    constituents added downhole, including all drilling mud additives used 
    to meet specific drilling requirements. The Permittee must maintain 
    these records for each mud system for a period of five years, and must 
    make these records available to the EPA upon request.
        b. End of well reports. End of well reports contain the information 
    required in parts c-f below, and must be submitted within 90 days of 
    well completion.
        c. Diesel oil. 1. Compliance with the limitation on diesel oil must 
    be demonstrated by gas chromatography (GC) analysis of drilling mud 
    collected from the mud used at the greatest well depth (``end-of-well'' 
    sample) and of any muds or cuttings which fail the daily Static Sheen 
    Test (Part III.B.2.d. below). In all cases, the determination of the 
    presence or absence of diesel oil must be based on a comparison of the 
    GC spectra of the sample and of diesel oil in storage at the facility. 
    The method for GC analysis must be that described in ``Analysis of 
    Diesel Oil in Drilling Fluids and Drill Cuttings'' (CENTEC, 1985) 
    available from EPA, Region 10. Gas chromatography/mass spectrometry 
    (GC/MS) may be used if an instance should arise where the operator and 
    EPA determine that greater resolution of the drilling mud 
    ``fingerprint'' is needed for a particular drilling mud sample.
        2. Reporting. The results and raw data, including the spectra, from 
    the GC analysis must be provided to the Director by written report (1) 
    within 30 days of a positive result with the Static Sheen Test when a 
    discharge has occurred, or (2) for the end-of-well analysis, within 90 
    days of well completion.
        d. Static Sheen Test. 1. The Permittee must perform the Static 
    Sheen Test on separate samples of drilling muds and cuttings, as 
    required in Appendix 1 to Subpart A of 40 CFR Part 435. Samples must be 
    collected on each day of discharge and prior to bulk discharges.
        2. The test must be conducted in accordance with ``Approved 
    Methodology: Laboratory Sheen Tests for the Offshore Subcategory, Oil 
    and Gas Extraction Industry'' which is Appendix 1 to Subpart A of 40 
    CFR Part 435. For discharge below ice or during periods of unstable or 
    broken ice, water temperature for the Static Sheen Test must 
    approximate surface water temperatures at ice breakup.
        3. Whenever muds or cuttings fail the Static Sheen Test and a 
    discharge has occurred in the past 24 hours, the Permittee is required 
    to analyze an undiluted sample of the material which failed the test to 
    determine the presence or absence of diesel oil. The determination and 
    reporting of results must be performed according to Part III.B.2.c. 
    above.
        e. Toxicity test for drilling fluids. 1. If no mineral oil is used 
    (Part III.B.1.a.), a toxicity test must be conducted monthly to 
    determine compliance with the drilling fluid toxicity limit. At the 
    end-of-well, a sample must be collected for toxicity testing. This 
    sample can also serve as the monthly monitoring sample.
        2. The Permittee must complete a minimum of two toxicity tests on 
    each mud system where a mineral oil lubricity or spotting agent is 
    used. One sample must be collected before applying the pill and one 
    after removing the pill (see Part III.B.1.a.(2)). The ``after pill'' 
    sample test results can be used as the monthly monitoring sample. If 
    the well is completed within 96 hours of collection of the ``after 
    pill'' drilling mud sample, then these test results can also serve as 
    the end-of-well test.
        3. The testing and reporting of drilling fluid toxicity test 
    results must be in accordance with Appendix 2 to Subpart A of 40 CFR 
    Part 435 (Drilling Fluids
    
    [[Page 11891]]
    
    Toxicity Test) using either the full or partial toxicity test. If the 
    partial toxicity test shows a failure, however, all testing of future 
    samples from that well shall be conducted using the full toxicity test 
    method to determine the 96-hour LC50. Results of drilling fluid 
    toxicity tests (in terms of pass/fail or 96-hr LC50 value) must be 
    reported on the DMRs, and complete copies of the test reports must be 
    attached to the DMR.
        f. Metals analysis. 1. The Permittee shall analyze each discharged 
    mud system for the following metals: barium, cadmium, chromium, copper, 
    mercury, zinc, and lead. Analyses for total recoverable concentrations 
    shall be conducted and reported for each metal utilizing the methods 
    specified in 40 CFR Part 136. The results shall be reported in ``mg/kg 
    of whole mud (dry weight)'' and the moisture content (percent by 
    weight) of the original drilling mud sample shall be reported.
        2. Samples shall be collected when the residual mineral oil 
    concentration is at its maximum value (see Part III.B.1.a.). If no 
    mineral oil is used, the analysis shall be done on a drilling mud 
    sample collected from the mud system used at the greatest well depth. 
    All samples shall be collected prior to any predilution. Each drilling 
    mud sample shall be of sufficient size to allow for both the chemical 
    testing described here and toxicity testing described above in Part 
    III.B.2.e.
        g. Mercury and cadmium content of barite. 1. The Permittee must 
    analyze a representative sample of stock barite once prior to drilling 
    each well and submit the results for total mercury and total cadmium in 
    the DMR upon well completion. Analyses must be conducted by absorption 
    spectrophotometry and results expressed as mg/kg (dry weight) of 
    barite.
        2. If more than one well is drilled at a site, new analyses are not 
    required for subsequent wells if no new supplies of barite have been 
    received since the previous analysis. In this case, the DMR should 
    state that no new barite was received since the last reported analysis. 
    Operators may provide certification, as documented by the supplier(s), 
    that the barite meets the above limits. The concentration of mercury 
    and cadmium in stock barite must be reported on the DMR as documented 
    by the supplier.
    3. Environmental Monitoring Requirements
        a. Within 4000 m of sensitive areas. Monitoring of the fate and 
    effects of drilling muds and/or cuttings discharges are required for 
    new exploration facilities when the location of the discharges is 
    within 4000 m of an area such as a coastal marsh, river delta, river 
    mouth, designated AMSA, game refuge, game sanctuary, critical habitat 
    area, or National Park. Discharges are prohibited within 1000 m of 
    sensitive areas (see Part II.C.2.).
        b. Environmental Monitoring Study. If monitoring is required by 
    Part III.B.3.a., the Permittee must submit a plan of study for 
    environmental monitoring to EPA for review with, or prior to, 
    submission of a written request for authorization to discharge (Parts 
    I.A. and I.B.).
        c. Objectives. The objectives of the environmental monitoring must 
    be to:
        (1) Monitor for discharge-related impacts,
        (2) Determine statistically significant changes in sediment 
    pollutant concentrations and sediment toxicity with time and distance 
    from the discharge,
        (3) Monitor for discharge related impacts to the benthic community,
        (4) Assess whether any impacts warrant an adjustment of the 
    monitoring program, and
        (5) Provide information for permit reissuance.
        d. Requirements. The monitoring must include, but not be limited 
    to, relevant hydrographic, sediment hydrocarbon, and heavy metal data 
    from surveys conducted before and during drilling mud disposal and up 
    to at least one year after drilling operations cease. The monitoring 
    plan must address:
        (1) The monitoring objectives,
        (2) Appropriate null and alternate test hypotheses,
        (3) A statistically valid sampling design,
        (4) All monitoring procedures and methods,
        (5) A quality assurance/quality control program,
        (6) A detailed discussion of how data will be used to meet, test 
    and evaluate the monitoring objectives, and
        (7) A summary of the results of previous environmental monitoring 
    as they apply to the proposed program plan.
        e. Reporting requirements. (1) The Permittee must analyze the data 
    and submit a draft report within 180 days following the completion of 
    sample collection. The report must address the environmental monitoring 
    objectives by using appropriate descriptive and analytical methods to 
    test for and to describe any impacts of the effluent on sediment 
    pollutant concentrations, sediment quality, water quality and/or the 
    benthic community. The report must include all relevant quality 
    assurance/quality control (QA/QC) information, including but not 
    limited to instrumentation, laboratory procedures, detection limits/
    precision requirements of the applied analyses, and sample collection 
    methodology.
        (2) The EPA will review the draft report in accordance with the 
    environmental monitoring objectives and evaluate it for compliance with 
    the requirements of the permit. If revisions to the report are 
    required, the Permittee must complete them and submit the final report 
    to EPA within two months of the Director's request. The Permittee will 
    be required to correct, repeat and/or expand environmental monitoring 
    programs which have not fulfilled the requirements of the permit.
        f. Modification of Monitoring Program. The monitoring program may 
    be modified if EPA determines that it is appropriate. The modified 
    program may include changes in sampling stations, sampling times, and/
    or parameters.
        g. Exemption. Region 10 may grant a written exemption to this 
    requirement if the Permittee can satisfactorily demonstrate that 
    information on the fate and effects of the discharge is available and/
    or the discharge will not have significant impacts on the area of 
    biological significance. An exemption to post-drilling monitoring will 
    be granted if no impact was indicated during drilling. An exemption 
    request must be submitted to the EPA for review with, or prior to, 
    submission of a written request for authorization to discharge (Parts 
    I.A. and I.B.).
    
    C. Deck Drainage (Discharge 002)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.C.2-5. 
    and IV, the Permittee must comply with the following effluent 
    limitations and monitoring requirements.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monitoring requirements
                                        Discharge    ---------------------------------------------------------------
        Effluent characteristic        limitation                              Sample type/
                                                      Measurement frequency       method          Reported values
    ----------------------------------------------------------------------------------------------------------------
    Flow rate (MGD)...............  N/A.............  Monthly..............  Estimate........  Monthly avg.
    
    [[Page 11892]]
    
     
    Free oil......................  No discharge....  Daily, during          Visual/Sheen on   Number of days sheen
                                                       discharge.             receiving water   observed.
                                                                              or Static
                                                                              Sheen. \1\
    Whole effluent toxicity. \2\    N/A.............  Once during the first  Part III.F.7.b..  TUc. \4\
                                                       year the Permittee
                                                       is covered by the
                                                       permit. \3\
    ----------------------------------------------------------------------------------------------------------------
    \1\ If discharge occurs during broken or unstable ice conditions, or during stable ice conditions, the Static
      Sheen Test must be used (see Appendix 1 to 40 CFR part 435, subpart A).
    \2\ Contaminated deck drainage must be processed through an oil-water separator prior to discharge and samples
      for that portion of the deck drainage collected from the separator effluent must be sampled for WET testing.
    \3\ Sample must be collected during a significant rainfall or snowmelt. If discharge of deck drainage separate
      from produced water is initiated after the first year of the permit, sampling must occur during the year
      following the initiation of separate deck drainage discharge.
    \4\ With the final report for each test, the following must also be reported: date and time of sample, the type
      of sample (i.e., rainfall or snowmelt), estimate of daily flow and basis for the estimate (e.g., turbine
      meters, monthly precipitation, estimated washdown).
    
    2. Drains
        Area drains for either washdown or rainfall that may be 
    contaminated with oil and grease must be separated from those area 
    drains that would not be contaminated. The contaminated deck drainage 
    must be processed through an oil-water separator prior to discharge and 
    samples for that portion of the deck drainage collected from the 
    separator effluent must be tested for sheen.
    3. Commingled Wastestreams
        If deck drainage is commingled with produced water, then this 
    discharge must be considered produced water for monitoring purposes 
    (Part III.F.). The estimated deck drainage flow rate must be reported 
    in the comment section of the DMR.
    4. Unstaffed Facilities
        Monitoring of unstaffed facilities is not required. Written 
    notification that a facility is no longer staffed must be provided to 
    EPA prior to terminating monitoring requirements.
    5. Monitoring Requirements
        Monitoring must be conducted according to test procedures approved 
    under 40 CFR 136, unless other test procedures are specified here or 
    elsewhere in this permit. Representative sampling requirements are 
    discussed in Part III.A.
    
    D. Sanitary Wastes and Domestic Wastes (Discharges 003, 004)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.D.2-3. 
    and IV, the Permittee must comply with the following effluent 
    limitations and monitoring requirements.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monitoring requirements
                                        Discharge    ---------------------------------------------------------------
        Effluent characteristic        limitation                              Sample type/
                                                      Measurement frequency       method          Reported values
    ----------------------------------------------------------------------------------------------------------------
    All Discharges (003, 004):
        Flow Rate.................  NA..............  Monthly..............  Estimate........  Monthly Average.
    Domestic Wastes (004):
        Floating solids...........  No discharge....  Daily................  Observation \1\.  Number of days solids
                                                                                                observed.
        Foam......................  No discharge....  Daily................  Observation \1\.  Number of days foam
                                                                                                observed.
    Sanitary Wastes (003) All
     Treatment Systems:
        Fecal Coliform............  ................  Monthly for one year,  Grab............  Daily Maximum Number
                                                       beginning the first                      of people on board.
                                                       month of permit
                                                       coverage.
        Total Residual Chlorine     19 mg/l.........  Monthly..............  Grab............  Daily Maximum
         (TRC) mg/l.                9 mg/l                                                     Monthly average.
    Sanitary Wastes (003) \2\ M10
     MSD and MSD/Biological
     Treatment Units:
        Total Residual Chlorine...  As close as       Monthly..............  Grab............  Concentration in mg/
                                     possible to,                                               l.
                                     but no less
                                     than,.
        (TRC)(mg/l)...............  1 mg/l
        BOD \3\ (mg/l)............  60 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    30 mg/l.........                                           Monthly Average.
        TSS \3\ (mg/l)............  67 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    51 mg/l.........                                           Monthly Average.
    Sanitary Wastes(003) \2\ M9IM
     MSD and MSD/Biological
     Treatment Units:
    
    [[Page 11893]]
    
     
        BOD \3\ (mg/l)............  60 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    30 mg/l.........                                           Monthly Average.
        TSS \3\ (mg/l)............  67 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    51 mg/l.........                                           Monthly Average.
    Sanitary Wastes(003) \2\ M10
     Biological Treatment Units:
        Floating solids...........  No discharge....  Daily................  Observation \1\.  Number of days solids
                                                                                                observed.
        Total Residual Chlorine...  As close as       Monthly..............  Grab............  Concentration in mg/
                                     possible to,                                               l.
                                     but no less
                                     than,
        (TRC) (mg/l)..............  1 mg/l..........
        BOD \3\ (mg/l)............  60 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    30 mg/l                                                    Monthly Average.
        TSS 3, 4 (mg/l)...........  60 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    30 mg/l                                                    Monthly Average.
    Sanitary Wastes(003) \2\ M9IM
     Biological Treatment Units:
        Floating solids...........  No discharge....  Daily................  Observation \1\.  Number of days solids
                                                                                                observed.
        BOD \3\ (mg/l)............  90 mg/l.........  Monthly..............  Grab............  Daily Maximum.
                                    48 mg/l                                                    Monthly Average.
        TSS 3, 4 (mg/l)...........  108 mg/l........  Monthly..............  Grab............  Daily maximum.
                                    56 mg/l                                                    Monthly Average.
    ----------------------------------------------------------------------------------------------------------------
    \1\ Permittee must monitor by observing the surface of the receiving water in the vicinity of the outfall(s)
      during daylight at the time of maximum estimated discharge. For domestic waste, observations must follow
      either the morning or midday meal.
    \2\ In cases where sanitary and domestic wastes are mixed prior to discharge, and sampling of the sanitary waste
      component stream is infeasible, the discharge may be sampled after mixing. In such cases, the discharge
      limitations for sanitary wastes must apply to the mixed waste stream.
    \3\ The numeric limits for BOD and TSS apply only to discharges to state waters.
    \4\ The TSS limitation for biological treatment units is a net value. The net TSS value is determined by
      subtracting the TSS value of the intake water from the TSS value of the effluent. Report the TSS value of the
      intake water on the comment section of the DMR. For those facilities that use filtered water in the biological
      treatment units, the TSS of the effluent may be reported as the net value.
    Samples collected to determine the TSS value of the intake water must be taken on the same day, during the same
      time period that the effluent sample is taken. Intake water samples must be taken at the point where the water
      enters the facility prior to mixing with other flows. Influent samples must be taken with the same frequency
      that effluent samples are taken.
    
    2. Discharge Below Water Surface
        Domestic and sanitary wastes must be discharged below the water 
    surface.
    3. Monitoring Requirements
        Monitoring must be conducted according to test procedures approved 
    under 40 CFR 136, unless other test procedures are specified here or 
    elsewhere in this permit. Representative sampling requirements are 
    discussed in Part II.B.
        Fecal Coliform Monitoring. Permittees must submit a facility 
    specific mixing zone application to ADEC based on the first 12 months 
    monitoring data within 18 months after the effective date of the permit 
    (or within 18 months after commencement of discharge for new 
    dischargers).
    
    E. Miscellaneous Discharges (Discharges 005-014)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.E.2-4, 
    and IV, the discharge of desalination unit wastes (005); blowout 
    preventer fluid (006); boiler blowdown (007): fire control system test 
    water (008); non-contact cooling water (009); uncontaminated ballast 
    water (010); bilge water (011); excess cement slurry (012); mud, 
    cuttings, cement at the seafloor (013); and waterflooding (014) must 
    comply with the following effluent limitations and monitoring 
    requirements.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monitoring requirements
                                        Discharge    ---------------------------------------------------------------
        Effluent characteristic        limitation                              Sample type/
                                                      Measurement frequency       method          Reported values
    ----------------------------------------------------------------------------------------------------------------
    Blowout Preventer, Excess
     Cement Slurry, Waterflooding
     Muds, Cuttings & Cement at
     Seafloor, Ballast, Bilge:
    
    [[Page 11894]]
    
     
        Free Oil..................  No discharge....  Once/discharge for     Visual/Sheen on   Number or days sheen
                                                       discharges lasting < receiving="" water="" is="" observed.="" 24="" hrs.="" \1\.="" once/24-hrs="" for="" discharges="" lasting="">24 hours
    Waterflooding, Non-Contact
     Cooling Water, Desalination
     Wastestreams:
        Chemical Inventory........  N/A.............  Annual...............  Part III.E.2....  Part III.E.2.
    ----------------------------------------------------------------------------------------------------------------
    \1\ For Uncontaminated Ballast Water (010) and Bilge Water (011) only: uncontaminated ballast and bilge water
      must be processed through an oil-water separator prior to discharge. If discharge of bilge water occurs during
      broken, unstable, or stable ice conditions, the sample type/method used to determine compliance with the no
      free oil limitation must be ``Grab Static Sheen Test'' (Appendix 1 to Subpart A of 40 CFR Part 435). For
      discharges above stable ice, below ice, to unstable or broken ice, a water temperature that approximates
      surface water temperatures after breakup must be used.
    
    2. Chemical Inventory
         The Permittee must maintain an inventory of the type and quantity 
    of chemicals (other than fresh or seawater) added to waterflooding, 
    non-contact cooling water and desalination systems. The inventory(ies) 
    must be submitted annually. The annual inventories must be assembled 
    for the calendar year, and must be submitted to the EPA within 90 days 
    of the completion of the calendar year.
    3. Commingled Wastestreams
         If excess waterflood water is added to the produced water 
    discharge in order to minimize the possibility of line freezing, then 
    this discharge must be considered produced water for monitoring 
    purposes. The estimated waterflood flow rate must be reported in the 
    comment section of the DMR.
    4. Monitoring Requirement
        Monitoring must be conducted according to test procedures approved 
    under 40 CFR 136, unless other test procedures are specified here or 
    elsewhere in this permit. Representative sampling requirements are 
    discussed in Part III.A.
    
    F. Produced Water (Discharge 015)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.F.2-
    7., and IV, the Permittee must comply with the following effluent 
    limitations and monitoring requirements.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monitoring requirements
                                        Discharge    ---------------------------------------------------------------
        Effluent characteristic        limitation                              Sample type/
                                                      Measurement frequency       method          Reported values
    ----------------------------------------------------------------------------------------------------------------
    All Locations:
        Flow rate (MGD)...........  N/A.............  Weekly...............  Estimate........  Monthly Average.
        Produced sands............  No discharge
    pH
        Flow rate <1mgd........... 6-9.............="" monthly..............="" grab............="" daily="" max="" and="" min.="" flow="" rate="">1mgd...........  6-9.............  Weekly...............  Grab............  Daily Max and Min.
        Cadmium &.................  N/A.............  Monthly for one year,  Grab............  Daily Max.
        Mercury...................                     beginning the first   Part III.F.7.c.
                                                       month of permit
                                                       coverage.
    Individual Dischargers:
        Granite Point Production
         Facility:
        AKG285001.................  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
        Oil and Grease............   max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg                                      hour period.
            Copper................  238 g/l  Monthly..............  Grab............  Daily Maximum.
                                    163 g/l                         Part III.F.7.c..  Monthly Average.
            Lead..................  543 g/l  Monthly..............  Grab............  Daily Maximum.
                                    372g/l                                   Part III.F.7.c..  Monthly Average.
            Mercury...............  2.42 g/l........  Monthly..............  Grab............  Daily Maximum.
                                    1.66 g/                         Part III.F.7.c..  Monthly Average.
                                     l
    
    [[Page 11895]]
    
     
            Total Aromatic          63,700 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    43,700 g/l
        Whole Effluent Toxicity     133 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     91 TUc                                   Parts III.F.7.b.  Monthly Average.
    Trading Bay:
        AKG285002, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg                                      hour period.
        Copper....................  136 g/l  Weekly...............  Grab............  Daily Maximum.
                                    93.4 g/                         Part III.F.7.c..  Monthly Average.
                                     l
        Lead......................  883 g/l  Weekly...............  Grab............  Daily Maximum.
                                    605 g/l                         Part III.F.7.c..  Monthly Average.
        Total Aromatic              24,500 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    12,200 g/l
        Total Aqueous Hydrocarbons  36,800 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    18,300 g/l
        Whole Effluent Toxicity     140 TUc.........  Quarterly............  Grab............  Daily Maximum.
         (WET).                     96 TUc                                   Parts III.F.7.b.  Monthly Average.
    East Forelands:
        AKG285003, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg                                      hour period.
        Copper....................  122 g/l  Monthly..............  Grab............  Daily Maximum.
                                    84 g/l                          Part III.F.7.c..  Monthly Average.
        Arsenic...................  2900 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    1990 g/
                                     l
        Silver....................  97 g/l.  Monthly..............  Grab............  Daily Maximum.
                                    66 g/l                          Part III.F.7.c..  Monthly Average.
        Lead......................  754 g/l  Monthly..............  Grab............  Daily Maximum.
                                    517 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  3.37 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    2.31 g/
                                     l
        Total Aromatic              61,800 g/l.                                  Part III.F.7.a..  Monthly Average. \1\
                                    42,400 g/l
        Total Aqueous Hydrocarbons  92,700 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    63,500 g/l
        Whole Effluent Toxicity     115.............  Annual...............  Grab............  Daily Maximum.
         (WET).                     TUc 79 TUc                               Parts III.F.7.b.  Monthly Average.
    Anna:
        AKG285004, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg.                                     hour period.
        Copper....................  209 g/l  Monthly..............  Grab............  Daily Maximum.
                                    143 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  8.23 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    5.64 g/
                                     l
        Total Aromatic              86,000 g/l.                                  Part III.F.7.a..  Monthly Average.
                                    58,900 g/l
        Total Aqueous Hydrocarbons  129,000 g/l.                                  Part III.F.7.a..  Monthly Average.
                                    88,400 g/l
    
    [[Page 11896]]
    
     
        Whole Effluent Toxicity     486 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     333 TUc                                  Parts III.F.7.b.  Monthly Average.
    Baker:
        AKG285005, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg.                                     hour period.
        Zinc......................  16,700 g/l.                                  Part III.F.7.c..  Monthly Average.
                                    5330 g/
                                     l
        Whole Effluent Toxicity     100 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     72 TUc                                   Parts III.F.7.b.  Monthly Average.
    Bruce:
        AKG285006, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg.                                     hour period.
        Silver....................  766 g/l  Monthly..............  Grab............  Daily Maximum.
                                    525 g/l                         Part III.F.7.c..  Monthly Average.
        Total Aromatic              298,000 g/l.                                  Part III.F.7.a..  Monthly Average.
                                    205,000 g/l
        Whole Effluent Toxicity     912 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     625 TUc                                  Parts III.F.7.b.  Monthly Average.
    Dillon:
        AKG285007, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg.                                     hour period.
        Copper....................  244 g/l  Monthly..............  Grab............  Daily Maximum.
                                    167 g/l                         Part III.F.7.c..  Monthly Average.
        Lead......................  1030 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    706 g/l
        Zinc......................  7,980 g/ Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    5,470 g/
                                     l
        Total Aromatic              59,300 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    40,600 g/l
        Total Aqueous Hydrocarbons  88,900 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    61,000 g/l
        Whole Effluent Toxicity     174 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     119 TUc                                  Parts III.F.7.b.  Monthly Average.
    Phillips A/Tyonek (gas) see
     Part III.F.6:
        AKG285011, Oil and Grease.  20 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max.                                     of 4 samples     Monthly Average.
                                    15 mg/l monthly                           taken within 24
                                     avg                                      hour period.
        Arsenic...................  1240 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    851 g/l
        Copper....................  58 g/l.  Monthly..............  Grab............  Daily Maximum.
                                    40 g/l                          Part III.F.7.c..  Monthly Average.
        Lead......................  193 g/l  Monthly..............  Grab............  Daily Maximum.
                                    132 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  0.862 g/ Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    0.591 g/
                                     l
        Total Aqueous Hydrocarbons  4530 g/  Monthly..............  Grab............  Daily Maximum.\1\
         (TAqH).                     l.                                      Part III.F.7.a..  Monthly Average.\1\
                                    3110 g/
                                     l
        Whole Effluent Toxicity     16 TUc..........  Annual...............  Grab............  Daily Maximum.
         (WET).                     11 TUc                                   Parts III.F.7.b.  Monthly Average.
    
    [[Page 11897]]
    
     
    Phillips A/Tyonek (crude) see
     Part III.F.6:
        AKG285011, Oil and Grease.  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max                                      of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg                                      hour period.
        Silver....................  766 g/l  Monthly..............  Grab............  Daily Maximum.
                                    525 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  21.9 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    15.0 g/
                                     l
        Arsenic, Cadmium, Copper,   N/A.............  Monthly for one year.  Grab............  Daily Maximum.
         Lead, Nickel, Zinc.                                                 Part III.F.7.c..  Monthly Average.
        Total Aromatic              298,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    205,000 g/l
        Total Aqueous Hydrocarbons  448,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    307,000 g/l
        Whole Effluent Toxicity     912 TUc.........  Quarterly............  Grab............  Daily Maximum.
         (WET).                     625 TUc                                  Parts III.F.7.b.  Monthly Average.
    Interim Limitations (Flow Rate
     <1mgd): oil="" and="" grease............="" 42="" mg/l="" daily="" weekly...............="" grab="" or="" average="" daily="" maximum.="" max..="" of="" 4="" samples="" monthly="" average.="" 29="" mg/l="" monthly="" taken="" within="" 24="" avg.="" hour="" period.="" silver....................="" 766="">g/l  Monthly..............  Grab............  Daily Maximum.
                                    525 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  21.9 g/  Monthly..............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    15.0 g/
                                     l
        Arsenic, Cadmium, Copper,   N/A.............  Monthly for one year.  Grab............  Daily Maximum.
         Lead, Nickel, Zinc.                                                 Part III.F.7.c..  Monthly Average.
        Total Aromatic              298,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    205,000 g/l
        Total Aqueous Hydrocarbons  448,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    307,000 g/l
        Whole Effluent Toxicity     912 TUc.........  Annual...............  Grab............  Daily Maximum.
         (WET).                     625 TUc                                  Parts III.F.7.b.  Monthly Average.
    Interim Limitations (Flow Rate
     >1mgd):
        Oil and Grease............  42 mg/l daily     Weekly...............  Grab or average   Daily Maximum.
                                     max..                                    of 4 samples     Monthly Average.
                                    29 mg/l monthly                           taken within 24
                                     avg.                                     hour period.
        Silver....................  766 g/l  Weekly...............  Grab............  Daily Maximum.
                                    382 g/l                         Part III.F.7.c..  Monthly Average.
        Mercury...................  21.9 g/  Weekly...............  Grab............  Daily Maximum.
                                     l.                                      Part III.F.7.c..  Monthly Average.
                                    10.9 g/
                                     l
        Arsenic, Cadmium, Copper,   N/A.............  Monthly for one year.  Grab............  Daily Maximum.
         Lead, Nickel, Zinc.                                                 Part III.F.7.c..  Monthly Average.
        Total Aromatic              298,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    149,000 g/l
    
    [[Page 11898]]
    
     
        Total Aqueous Hydrocarbons  448,000 g/l.                                  Part III.F.7.a..  Monthly Average.\1\
                                    223,000 g/l
        Whole Effluent Toxicity     912 TUc.........  Quarterly............  Grab............  Daily Maximum.
         (WET).                     625 TUc                                  Parts III.F.7.b.  Monthly Average.
    ----------------------------------------------------------------------------------------------------------------
    \1\ Fifteen months after permit issuance, a report summarizing the concentrations of the individual TAH
      components (benzene, toluene, ethylbenzene and xylene isomers) and individual TAqH components from data
      collected during the first year of permit coverage must be provided to the EPA.
    
    2. Rerouting Platform Discharge to a Shore-Based Facility
        In situations where the platforms are not able to treat produced 
    water and a bypass may occur, the Baker and Dillon platforms may route 
    their produced water discharge to the Granite Point Production Facility 
    for treatment and discharge; the Anna and Bruce platforms may route 
    their produced water discharge to the East Foreland Production Facility 
    for treatment and discharge. The Permittee must report rerouting by 
    telephone or facsimile within 24 hours of rerouting, and must provide a 
    written submission within five days of rerouting that describes why 
    rerouting was necessary, and the anticipated time that rerouting is 
    expected to continue. The permittee must cease rerouting as soon as 
    possible.
    3. Interim Produced Water Limitations
        Facilities which obtain authorization to discharge produced water 
    subject to interim produced water limitations (see Part I.B.) must 
    submit a facility specific mixing zone application to ADEC based on the 
    first 12 months of monitoring data within 18 months after commencement 
    of discharge.
    4. Trading Bay Groundwater
        Trading Bay is authorized to discharge treated groundwater 
    extracted pursuant to State Compliance Order #91-23-01-053-02 as part 
    of the produced water waste stream.
    5. Spill Clean-Up
        Water that is collected as a result of spill clean-up can be 
    treated as produced water and discharged with the produced water waste 
    stream. The Permittee must report the treatment and discharge of spill 
    clean-up water to the EPA within 24 hours of initiating such treatment, 
    and must provide a written submission within five days of initiating 
    treatment that describes the spill, the anticipated volume of spill 
    clean-up water, and the anticipated time that treatment and discharge 
    of spill clean-up water is expected to continue.
    6. Phillips A/Tyonek
        Two sets of limits for Phillips A/Tyonek are listed at Part 
    III.F.1. The ``gas'' limits are effective at the time of permit 
    issuance, and will continue to be the effective permit limits until 
    Phillips A/Tyonek initiates discharge of crude related discharge 
    directly from the Phillips A/Tyonek platform. The Permittee must submit 
    a notification letter to EPA prior to initiating the discharge of crude 
    related produced water from the platform. The ``crude'' limits become 
    effective on the day identified in the notification letter. A facility 
    specific mixing zone application must be submitted to ADEC for Phillips 
    A/Tyonek based on the first 12 months monitoring data within 18 months 
    after commencement of crude related produced water discharges.
    7. Monitoring Requirements
         Monitoring must be conducted according to test procedures approved 
    under 40 CFR 136, unless other test procedures are specified here or 
    elsewhere in this permit. Representative sampling requirements are 
    discussed in Part III.A.
        a. Total Aromatic Hydrocarbons (TAH) and Total Aqueous Hydrocarbons 
    (TAqH). For analysis of TAH and TAqH, all analytical requirements cited 
    in the Alaska Standards, 18 AAC 70.020(b) are applicable.
        b. Whole effluent toxicity. (1) The Permittee must conduct tests on 
    grab effluent samples with one vertebrate and two invertebrate species, 
    as follows.
        Vertebrate (survival and growth): Inland silverside, Menidia 
    beryllina.
        Invertebrate: Atlantic myside Mysidopsis bahia (survival, growth 
    and fecundity test) and one of the following two bivalve species tests: 
    Mussel Mytilis sp. or Pacific oyster Crassostrea gigas (larval 
    development test ). Due to seasonal variability, testing may be 
    performed during reliable spawning periods (e.g. December through 
    February for mussels; June through August for oysters).
        (2) Each year, the permittee must re-screen with the three species 
    listed above, and continue to monitor with the most sensitive species. 
    Rescreening must consist of one test conducted at a different time of 
    year from the previous years test.
        (3) The presence of chronic toxicity must be estimated as specified 
    in ``USEPA Short-Term Methods for Estimating the Chronic Toxicity of 
    Effluents and Receiving Waters to Marine and Estuarine Organisms, 
    Second Edition,'' (EPA/600/4-91/003). For the bivalve species, chronic 
    toxicity must be estimated as specified in ``Short-Term Methods for 
    Estimating the Chronic Toxicity of Effluents and Receiving Water to 
    West Coast Marine and Estuarine Organisms'' (EPA/600/R-95/136).
        (4) Results must be reported in TUc, where 
    TUc = 100/NOEC. The reported NOEC must be the highest NOEC 
    calculated for the applicable survival, growth or fecundity endpoints.
        (5) A series of five dilutions and a control will be tested. The 
    series must include the instream waste concentration (IWC), two 
    dilutions above the IWC, and two dilutions below the IWC. The IWC is 
    the concentration of effluent at the edge of the mixing zone.
        (6) In addition to those quality assurance measures specified in 
    the methodology, the following quality assurance procedures must be 
    followed:
        (a) If organisms are not cultured in-house, concurrent testing with 
    reference toxicants must be conducted. Where organisms are cultured in-
    house, monthly reference toxicant testing is sufficient.
        (b) If either of the reference toxicant tests or the effluent tests 
    do not meet all test acceptability criteria as specified in the test 
    methods manual, then the permittee must re-sample and re-test as soon 
    as possible.
        (c) Control and dilution water should be receiving water, or 
    salinity adjusted
    
    [[Page 11899]]
    
    lab water. If the dilution water used is different from the culture 
    water, a second control, using culture water must also be used.
        (7) Accelerated Testing. (a) If chronic toxicity is detected above 
    the permit limits, collection and analysis of one additional sample is 
    required within two weeks of receipt of the test results.
        (b) If chronic toxicity is not detected in the sample required by 
    Part III.F.7.a, the Permittee must notify the EPA and ADEC in writing 
    of the results within fifteen (15) days of receipt of the results, and 
    must discuss the cause of the exceedance, and the corrective actions 
    which were taken.
        (c) If chronic toxicity is detected in the sample required by Part 
    III.F.7.a., then the Permittee must conduct four bi-weekly tests over 
    an eight week period. Accelerated testing must be initiated within 
    fifteen (15) days of the receiving the sample results required by Part 
    III.F.7.a.
        (8) Toxicity Reduction Evaluation (TRE). (a) If chronic toxicity is 
    detected above the permit limits during accelerated testing, then in 
    accordance with EPA/600/2-88/070, a toxicity reduction evaluation (TRE) 
    must be initiated within fifteen days of this exceedance in order to 
    expeditiously locate the source(s) of toxicity and evaluate the 
    effectiveness of pollution control actions and/or in plant 
    modifications toward attaining compliance.
        (b) If none of the four tests indicates toxicity, then the 
    permittee may return to the normal testing frequency.
        (9) Toxicity Identification Evaluation (TIE). (a) If chronic 
    toxicity is detected in any two of the four bi-weekly tests, the 
    permittee must initiate a TIE to identify the specific chemical(s) 
    responsible for toxicity (EPA/600/6-91/005F (Phase I), EPA/600/R-92/080 
    (Phase II), and EPA-600/R-92/081 (Phase III).
        (b) If a TIE is triggered prior to completion of the accelerated 
    testing, the accelerated testing schedule may be terminated, or used as 
    necessary in performing the TIE.
        (10) Reporting. (a) The permittee must notify EPA and the State in 
    writing within fifteen (15) days of receipt of the results of the 
    exceedance of the permit limit, of the finding of the TRE/TIE or other 
    investigation to identify the cause(s) of toxicity; actions the 
    permittee has taken or will take to mitigate the impact of the 
    discharge, to correct the noncompliance and to prevent the recurrence 
    of toxicity; where corrective actions including a TRE/TIE have not been 
    completed, an expeditious schedule under which corrective actions will 
    be implemented; and if no actions have been taken, the reason for not 
    taking action.
        c. Metals. The method detection limits and interim minimum level 
    listed below are needed in order to determine whether or not violations 
    of water quality are occurring at the point of discharge. In addition 
    to the procedures approved under 40 CFR 136, the ICP-MS test procedure 
    200.8 (``Methods for Chemical Analyses of Water and Wastes,'' EPA-600/
    4-79-020) may be used for analysis of these samples.
    
    ------------------------------------------------------------------------
                                    Aquatic life     Method        Interim
                                       chronic      detection      minimum
               Pollutant              criteria        limit         level
                                    (g/  (g/  (g/
                                         l)            l)            l)
    ------------------------------------------------------------------------
    Arsenic.......................       36               7.2           N/A
    Cadmium.......................        9.3             1.9           N/A
    Copper........................        2.9             0.6           N/A
    Lead..........................        5.6             1.1           N/A
    Nickel........................        7.1             1.4           N/A
    Silver........................        2.3             0.5           N/A
    Mercury.......................        0.025           0.2           0.5
    Zinc..........................       58              12             N/A
    ------------------------------------------------------------------------
    
    G. Completion Fluids, Workover Fluids, Well Treatment Fluids, and Test 
    Fluids (Discharges 016-019)
    
    1. Effluent Limitations
        In addition to the restrictions set out in Parts III.A., III.G.2-
    4., and IV, the Permittee must comply with the following effluent 
    limitations and monitoring requirements.
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Monitoring requirements
        Effluent characteristic         Discharge     ------------------------------------------------------------------------------------------------------
                                        limitation      Measurement frequency   Sample type/ method                       Reported values
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    All Wastestreams:
        Discharge frequency.......  N/A..............  Once/discharge \1\....  Count................  Type and total number of discharges.
        Flow rate (MGD)...........  N/A..............  Daily \1\.............  Estimate.............  Monthly average.
        Oil-based fluids..........  No discharge.....  Included in free oil
                                                        monitoring, below \2\.
        Free oil \3\..............  No free oil......  Once per discharge \1\  Grab/Static Sheen      Number of times sheen observed.
                                                                                Test.
        Oil and grease \3\........  42 mg/l max.       Once per discharge \1\  Grab or average of 4   Daily max. and monthly average.
                                     daily.                                     samples taken within
                                    29 mg/l monthly                             24 hours.
                                     avg
    pH............................  6.5-8.5..........  Once per discharge \1\  Grab.................  pH.
    
    [[Page 11900]]
    
     
    Treatment, Workover,            .................  Once per discharge \1\  Part III.G.4.........
     Completion Metals.
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ The type of discharge (i.e., completion, workover, treatment, test fluid, or any combination) must be reported. Discharge of individual wastestreams
      must be reported separately from the discharge of commingled wastestreams.
    \2\ Discharge of oil-based fluids is prohibited.
    \3\ No free oil and oil and grease limits apply to each discharge, whether these wastestreams are discharged individually or are commingled. All fluids
      must be processed through an oil-water separator prior to discharge. Samples must be collected after the final step of treatment.
    
    2. Commingled Wastestreams
        If workover, completion, well treatment or test fluids are mixed 
    with produced water, then this discharge must be considered produced 
    water for monitoring purposes (Part III.F.). The estimated flow rate of 
    workover, completion, well treatment or test fluids must be reported in 
    the comment section of the DMR.
    3. Chemical Inventory
        The Permittee must maintain an inventory of the type and quantity 
    of chemicals (other than fresh or seawater) added to completion, 
    workover, well treatment, and test fluids. The inventory(ies) must be 
    submitted annually. The annual inventories must be assembled for the 
    calendar year, and must be submitted to the EPA within 90 days of the 
    completion of the calendar year.
    4. Monitoring Requirements
        Monitoring must be conducted according to test procedures approved 
    under 40 CFR 136, unless other test procedures are specified here or 
    elsewhere in this permit. Representative sampling requirements are 
    discussed in Part III.A.
        Metals. For each discharge of well treatment, completion or 
    workover fluids which is characterized as an acid job (strong or weak, 
    including but not limited to hydrochloric or hydrofluoric acid, EDTA), 
    samples of effluent must be taken for analyses of the following: 
    cadmium, chromium, copper, lead, nickel and zinc. Analyses for total 
    recoverable concentrations must be conducted and reported for each 
    metal.
    
    H. Other Discharge Limitations
    
    1. Floating Solids, Visible Foam, or Oily Wastes
        There must be no discharge of floating solids or visible foam in 
    other than trace amounts, nor of oily wastes which produce a sheen on 
    the surface of the receiving water.
    2. Surfactants, Dispersants, and Detergents
        The discharge of surfactants, dispersants, and detergents must be 
    minimized except as necessary to comply with the safety requirements of 
    the Occupational Health and Safety Administration and the Minerals 
    Management Service. The discharge of dispersants to marine waters in 
    response to oil or other hazardous spills is not authorized by this 
    permit.
    3. Applicable Marine Water Quality Criteria
        There must be no discharge of any constituent in concentrations 
    which results in an exceedence of applicable marine water quality 
    criteria at the edge of any permitted mixing zone.
    4. Other Toxic and Non-conventional Compounds
        There must be no discharge of diesel oil, halogenated phenol 
    compounds, trisodium nitrilotriacetic acid, sodium chromate or sodium 
    dichromate.
    
    I. Best Management Practices Plan Requirement.
    
    1. Development
        The Permittee must develop a Best Management Practices (BMP) Plan 
    which achieves the objectives and the specific requirements listed 
    below.
        The Permittee must certify that its BMP Plan is complete, on-site, 
    and available upon request to EPA . This certification must identify 
    the NPDES permit number and be signed by an authorized representative 
    of the Permittee. For new exploratory operations, the certification 
    must be submitted no later than the written notice of intent to 
    commence discharge (Part I.A.3). For existing dischargers, the 
    certification must be submitted within one year of permit issuance.
    2. Purpose
        The BMP Plan must be designed to prevent or minimize the generation 
    and the potential for the release of pollutants from the facility to 
    the waters of the United States through normal operations and ancillary 
    activities.
    3. Objectives
        The Permittee must develop and amend the BMP Plan consistent with 
    the following objectives for the control of pollutants.
        a. The number and quantity of pollutants and the toxicity of 
    effluent generated, discharged or potentially discharged at the 
    facility must be minimized by the Permittee to the extent feasible by 
    managing each influent waste stream in the most appropriate manner.
        b. The Permittee must establish specific objectives for the control 
    of pollutants by conducting the following evaluations.
        (1) Each facility component or system must be examined for its 
    waste minimization opportunities and its potential for causing a 
    release of significant amounts of pollutants to waters of the United 
    States due to equipment failure, improper operation, natural phenomena 
    such as rain or snowfall, etc.
        (2) Where experience indicates a reasonable potential for equipment 
    failure (e.g., a tank overflow or leakage), natural condition (e.g., 
    precipitation), or other circumstances to result in significant amounts 
    of pollutants reaching surface waters, the program should include a 
    prediction of the direction, rate of flow and total quantity of 
    pollutants which could be discharged from the facility as a result of 
    each condition or circumstance.
    4. Requirements
        The BMP Plan must be consistent with the objectives in Part 3 above 
    and the general guidance contained in the publication entitled 
    ``Guidance Document for Developing Best Management Practices (BMP)'' 
    (EPA 833-B-93-004, U.S. EPA, 1993) or any subsequent revisions to the 
    guidance document. The BMP Plan must:
        a. Be documented in narrative form, and must include any necessary 
    plot plans, drawings or maps, and must be
    
    [[Page 11901]]
    
    developed in accordance with good engineering practices. At a minimum, 
    the BMP Plan must contain the planning, development and implementation, 
    and evaluation/reevaluation components discussed in ``Guidance Document 
    for Developing Best Management Practices (BMP)'' (EPA 833-B-93-004, 
    U.S. EPA, 1993) or any subsequent revisions to the guidance document.
        b. Include the following provisions concerning BMP Plan review:
        (1) Be reviewed by plant engineering staff and the plant manager as 
    warranted by changes in the operation or at the facility which are 
    covered by the BMP.
        (2) Be reviewed and endorsed by the individuals responsible for 
    development and implementation of the BMP plan.
        (3) Include a statement that the above reviews have been completed 
    and that the BMP Plan fulfills the requirements set forth in this 
    permit. The statement must be certified by the dated signatures of the 
    individuals responsible for development and implementation of the BMP 
    Plan.
        c. Establish specific best management practices to meet the 
    objectives identified in Part 3 of this section, addressing each 
    component or system capable of generating or causing a release of 
    significant amounts of pollutants, and identifying specific 
    preventative or remedial measures to be implemented.
    5. Documentation
        The Permittee must maintain a copy of the BMP Plan at the facility 
    and must make the plan available to EPA upon request.
    6. BMP Plan Modification
        The Permittee must amend the BMP Plan whenever there is a change in 
    the facility or in the operation of the facility which materially 
    increases the generation of pollutants or their release or potential 
    release to the receiving waters. The Permittee must also amend the 
    Plan, as appropriate, when plant operations covered by the BMP Plan 
    change. Any such changes to the BMP Plan must be consistent with the 
    objectives and specific requirements listed above. All changes in the 
    BMP Plan must be reviewed by the plant engineering staff and plant 
    manager.
    7. Modification for Ineffectiveness
        At any time, if the BMP Plan proves to be ineffective in achieving 
    the general objective of preventing and minimizing the generation of 
    pollutants and their release and potential release to the receiving 
    waters and/or the specific requirements above, the permit and/or the 
    BMP Plan must be subject to modification to incorporate revised BMP 
    requirements.
    
    IV. Recording and Reporting Requirements
    
    A. Reporting of Monitoring Results
    
        The Permittee must summarize monitoring results each month on the 
    Discharge Monitoring Report (DMR) form (EPA No. 3320-1). The Permittee 
    must submit reports monthly, postmarked by the 20th day of the 
    following month. Quarterly sampling results must be reported on, or 
    before the March, June, September, and December DMRs. The Permittee 
    must sign and certify all DMRs, and all other reports, in accordance 
    with the requirements of Part VI.D. of this permit (``Signatory 
    Requirements'').
        The Permittee must submit the legible originals of these documents 
    to the Director, Water Division, with copies to ADEC, at the following 
    addresses:
    
    United States Environmental Protection Agency, Region 10, 1200 Sixth 
    Avenue, OW-133, Seattle, Washington 98101
    Alaska Department of Environmental Conservation, Attn: Watershed 
    Management Section, 555 Cordova Street, Anchorage, Alaska 99501
    
    B. Annual Biocide Report
    
        The Permittee must maintain an inventory of the type and volume of 
    all biocides added to any waste streams authorized for discharge under 
    this permit. Each annual inventory must be assembled for the calendar 
    year, and must be submitted to the EPA within 90 days of the completion 
    of the calendar year.
    
    C. Annual Chemical Inventory and TAH/TAqH Report Requirements
    
        See chemical inventory requirements at Part III.E.2. and III.G.3, 
    and the TAH/TAqH requirement at Part III.F.1., footnote 1.
    
    D. Additional Monitoring by Permittee
    
        If the Permittee monitors any pollutant more frequently than 
    required by this permit, using test procedures approved under 40 CFR 
    136 or as specified in this permit, the Permittee must include the 
    results of this monitoring in the calculation and reporting of the data 
    submitted in the DMR. The Permittee must indicate on the DMR whenever 
    it has performed additional monitoring, and must explain why it 
    performed such monitoring.
        Upon request by the Director, the Permittee must submit results of 
    any other sampling, regardless of the test method used.
    
    E. Records Contents
    
        All effluent monitoring records must bear the hand-written 
    signature of the person who prepared them. In addition, all records of 
    monitoring information must include:
        1. The date, exact place, and time of sampling or measurements;
        2. The names of the individual(s) who performed the sampling or 
    measurements;
        3. The date(s) analyses were performed;
        4. The names of the individual(s) who performed the analyses;
        5. The analytical techniques or methods used; and
        6. The results of such analyses.
    
    F. Retention of Records
    
        The Permittee must retain records of all monitoring information, 
    including, but not limited to, all calibration and maintenance records 
    and all original strip chart recordings for continuous monitoring 
    instrumentation, copies of all reports required by this permit, copies 
    of DMRs, a copy of the NPDES permit, and records of all data used to 
    complete the application for this permit, for a period of at least five 
    years from the date of the sample, measurement, report or application, 
    or for the term of this permit, whichever is longer. This period may be 
    extended by request of the Director at any time.
        A copy of the final permit must be maintained at the drilling site.
    
    G. Twenty-four Hour Notice of Noncompliance Reporting
    
        1. The Permittee must report the following occurrences of 
    noncompliance by telephone or facsimile within 24 hours from the time 
    the Permittee becomes aware of the circumstances:
        a. Any noncompliance that may endanger health or the environment;
        b. Any unanticipated bypass that results in or contributes to an 
    exceedance of any effluent limitation in the permit (see Part V.G., 
    ``Bypass of Treatment Facilities'');
        c. Any upset that results in or contributes to an exceedance of any 
    effluent limitation in the permit (see Part V.H., ``Upset 
    Conditions''); or
        d. Any violation of a maximum daily discharge limitation for any of 
    the pollutants listed in the permit .
        2. The Permittee must also provide a written submission within five 
    days of the time that the Permittee becomes aware of any event required 
    to be reported under subpart 1 above. The written submission must 
    contain:
        a. A description of the noncompliance and its cause;
    
    [[Page 11902]]
    
        b. The period of noncompliance, including exact dates and times;
        c. The estimated time noncompliance is expected to continue if it 
    has not been corrected; and
        d. Steps taken or planned to reduce, eliminate, and prevent 
    reoccurrence of the noncompliance.
        3. The Director may, at her or his sole discretion, waive the 
    written report on a case-by-case basis if the oral report has been 
    received within 24 hours by the Water Compliance Section in Seattle, 
    Washington, by telephone, (206) 553-1846.
        4. Reports must be submitted to the addresses in Part IV.A. 
    (``Reporting of Monitoring Results'').
    
    H. Other Noncompliance Reporting
    
        The Permittee must report all instances of noncompliance, not 
    required to be reported within 24 hours, at the time that monitoring 
    reports for Part IV.A. are submitted. The reports must contain the 
    information listed in Part IV.G.2. of this permit.
    
    I. Changes in Discharge of Toxic Substances.
    
        The Permittee must notify the Director as soon as it knows, or has 
    reason to believe:
        1. That any activity has occurred or will occur that would result 
    in the discharge, on a routine or frequent basis, of any toxic 
    pollutant that is not limited in the permit, if that discharge will 
    exceed the highest of the following ``notification levels'':
        a. One hundred micrograms per liter (100 g/l);
        b. Two hundred micrograms per liter (200 g/l) for acrolein 
    and acrylonitrile; five hundred micrograms per liter (500 g/l) 
    for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one 
    milligram per liter (1 mg/l) for antimony;
        c. Five (5) times the maximum concentration value reported for that 
    pollutant in the permit application in accordance with 40 CFR 
    122.21(g)(7); or
        d. The level established by the Director in accordance with 40 CFR 
    122.44(f).
        2. That any activity has occurred or will occur that would result 
    in any discharge, on a non-routine or infrequent basis, of any toxic 
    pollutant that is not limited in the permit, if that discharge will 
    exceed the highest of the following ``notification levels'':
        a. Five hundred micrograms per liter (500 g/l);
        b. One milligram per liter (1 mg/l) for antimony;
        c. Ten (10) times the maximum concentration value reported for that 
    pollutant in the permit application in accordance with 40 CFR 
    122.21(g)(7); or
        d. The level established by the Director in accordance with 40 CFR 
    122.44(f).
    
    V. Compliance Responsibilities
    
    A. 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, for permit termination, revocation and 
    reissuance, or modification, or for denial of a permit renewal 
    application. The Permittee must give reasonable advance notice to the 
    Director of any planned changes in the permitted facility or activity 
    that may result in noncompliance with permit requirements.
    
    B. Penalties for Violations of Permit Conditions.
    
    1. Civil and Administrative Penalties
        Any person who violates a permit condition implementing Sections 
    301, 302, 306, 307, 308, 318, or 405 of the Act must be subject to a 
    civil or administrative penalty, not to exceed the maximum amounts 
    specified in Section 309(d) and 309(g) of the Act.
    2. Criminal Penalties
        a. Negligent Violations. Any person who negligently violates a 
    permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 
    405 of the Act must, upon conviction, be punished by a fine and/or 
    imprisonment as specified in Section 309(c)(1) of the Act.
        b. Knowing Violations. Any person who knowingly violates a permit 
    condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of 
    the Act must, upon conviction, be punished by a fine and/or 
    imprisonment as specified in Section 309(c)(2) of the Act.
        c. Knowing Endangerment. Any person who knowingly violates a permit 
    condition implementing Sections 301, 302, 303, 306, 307, 308, 318, or 
    405 of the Act, and who knows at that time that he thereby places 
    another person in imminent danger of death or serious bodily injury, 
    must, upon conviction, be subject to a fine and/or imprisonment as 
    specified in Section 309(c)(3) of the Act.
        d. False Statements. 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 this Act or who knowingly falsifies, tampers 
    with, or renders inaccurate any monitoring device or method required to 
    be maintained under this Act, must be punished by a fine and/or 
    imprisonment as specified in Section 309(c)(4) of the Act.
        Except as provided in permit conditions in Part V.G., (``Bypass of 
    Treatment Facilities'') and Part V.H., (``Upset Conditions''), nothing 
    in this permit must be construed to relieve the Permittee of the civil 
    or criminal penalties for noncompliance.
    
    C. Need To Halt or Reduce Activity Not a Defense.
    
        It must not be a defense for the 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.
    
    D. Duty To Mitigate
    
        The Permittee must take all reasonable steps to minimize or prevent 
    any discharge in violation of this permit that has a reasonable 
    likelihood of adversely affecting human health or the environment.
    
    E. Proper Operation and Maintenance
    
        The Permittee must at all times properly operate and maintain all 
    facilities and systems of treatment and control (and related 
    appurtenances) that are installed or used by the Permittee to 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 
    back-up or auxiliary facilities or similar systems only when the 
    operation is necessary to achieve compliance with the conditions of the 
    permit.
    
    F. Removed Substances
    
        Solids, sludges, filter backwash, or other pollutants removed in 
    the course of treatment or control of water and wastewaters must be 
    disposed of in a manner such as to prevent any pollutant from such 
    materials from entering navigable waters.
    
    G. Bypass of Treatment Facilities
    
    1. Bypass Not Exceeding Limitations
        The Permittee may allow any bypass to occur that 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 paragraphs 2 and 3 of this Part.
    2. Notice
        a. Anticipated bypass. If the Permittee knows in advance of the 
    need for a bypass, it must submit prior notice, if
    
    [[Page 11903]]
    
    possible at least 10 days before the date of the bypass.
        b. Unanticipated bypass. The Permittee must submit notice of an 
    unanticipated bypass as required under Part IV.G. (``Twenty-four Hour 
    Notice of Noncompliance Reporting'').
    3. Prohibition of Bypass
        a. Bypass is prohibited, and the Director may take enforcement 
    action against the Permittee for a bypass, unless:
        (1) The bypass was unavoidable to prevent loss of life, personal 
    injury, or severe property damage;
        (2) There were no feasible alternatives to the bypass, such as the 
    use of auxiliary treatment facilities, retention of untreated wastes, 
    or maintenance during normal periods of equipment downtime. This 
    condition is not satisfied if adequate back-up equipment should have 
    been installed in the exercise of reasonable engineering judgment to 
    prevent a bypass that occurred during normal periods of equipment 
    downtime or preventive maintenance; and
        (3) The Permittee submitted notices as required under paragraph 2 
    of this Part.
        b. The Director may approve an anticipated bypass, after 
    considering its adverse effects, if the Director determine that it will 
    meet the three conditions listed above in paragraph 3.a. of this Part.
    
    H. Upset Conditions
    
    1. 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 Permittee meets the requirements of paragraph 2 of 
    this Part. 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.
    2. Demonstration of an Upset
        To establish the affirmative defense of upset, the Permittee must 
    demonstrate, through properly signed, contemporaneous operating logs, 
    or other relevant evidence that:
        a. An upset occurred and that the Permittee can identify the 
    cause(s) of the upset;
        b. The permitted facility was at the time being properly operated;
        c. The Permittee submitted notice of the upset as required under 
    Part IV.G., Twenty-four Hour Notice of Noncompliance Reporting; and
        d. The Permittee complied with any remedial measures required under 
    Part V.D., Duty to Mitigate.
    3. Burden of Proof
        In any enforcement proceeding, the Permittee seeking to establish 
    the occurrence of an upset has the burden of proof.
    
    I. Toxic Pollutants
    
        The Permittee must 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 establish those standards or 
    prohibitions, even if the permit has not yet been modified to 
    incorporate the requirement.
    
    J. Planned Changes
    
        The Permittee must give notice to the Director as soon as possible 
    of any planned physical alterations or additions to the permitted 
    facility whenever:
        1. The alteration or addition to a permitted facility may meet one 
    of the criteria for determining whether a facility is a new source as 
    determined in 40 CFR 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 that are subject neither to effluent limitations 
    in the permit, nor to notification requirements under Part IV.I.
        The Permittee must give notice to the Director as soon as possible 
    of any planned changes in process or chemical use whenever such change 
    could significantly change the nature or increase the quantity of 
    pollutants discharged.
    
    K. Anticipated Noncompliance
    
        The Permittee must also give advance notice to the Director of any 
    planned changes in the permitted facility or activity that may result 
    in noncompliance with this permit.
    
    VI. General Provisions
    
    A. Permit Actions
    
        This permit may be modified, revoked and reissued, or terminated 
    for cause. The filing of a request by the Permittee for a permit 
    modification, revocation and reissuance, or termination, or a 
    notification of planned changes or anticipated noncompliance, does not 
    stay any permit condition.
    
    B. Duty To Provide Information
    
        The Permittee must furnish to the Director, within the time 
    specified in the request, any information that 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 must also furnish to the Director, upon 
    request, copies of records required to be kept by this permit.
    
    C. Other Information
    
        When the Permittee becomes aware that it failed to submit any 
    relevant facts in a permit application, or that it submitted incorrect 
    information in a permit application or any report to the Director, it 
    must promptly submit the omitted facts or corrected information.
    
    D. Signatory Requirements
    
        All applications, reports or information submitted to the Director 
    must be signed and certified.
        1. All permit applications must be signed as follows:
        a. For a corporation: by a responsible corporate officer.
        b. For a partnership or sole proprietorship: by a general partner 
    or the proprietor, respectively.
        c. For a municipality, state, federal, or other public agency: by 
    either a principal executive officer or ranking elected official.
        2. All reports required by the permit and other information 
    requested by the Director must 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:
        a. The authorization is made in writing by a person described above 
    and submitted to the Director, and
        b. 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, position of equivalent 
    responsibility, or an individual or position having overall 
    responsibility for environmental matters for the company.
        3. Changes to authorization. If an authorization under Part VI.D.2. 
    is no longer accurate because a different individual or position has 
    responsibility for the overall operation of the facility, a new 
    authorization satisfying the requirements of paragraph VI.D.2. must be 
    submitted to the Regional Administrator prior to or together with any 
    reports, information, or applications to be signed by an authorized 
    representative.
    
    [[Page 11904]]
    
        4. Certification. Any person signing a document under this Part 
    must 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.
    
    E. Availability of Reports
    
        Except for data determined to be confidential under 40 CFR 2, all 
    reports prepared in accordance with this permit must be available for 
    public inspection at the offices of the state water pollution control 
    agency and the Director. As required by the Act, permit applications, 
    permits, Best Management Practices Plans, and effluent data must not be 
    considered confidential.
    
    F. Inspection and Entry
    
        The Permittee must allow the Director, or an authorized 
    representative (including an authorized contractor acting as a 
    representative of the Administrator), upon the presentation of 
    credentials and other documents as may be required by law, to:
        1. 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;
        2. Have access to and copy, at reasonable times, any records that 
    must be kept under the conditions of this permit;
        3. Inspect at reasonable times any facilities, equipment (including 
    monitoring and control equipment), practices, or operations regulated 
    or required under this permit; and
        4. 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.
    
    G. Oil and Hazardous Substance Liability
    
        Nothing in this permit must 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.
    
    H. Property Rights
    
        The issuance of this permit does not convey any property rights of 
    any sort, or any exclusive privileges, nor does it authorize any injury 
    to private property or any invasion of personal rights, nor any 
    infringement of federal, state or local laws or regulations.
    
    I. Severability
    
        The provisions of this permit are severable. 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, must not be 
    affected thereby.
    
    J. Transfers
    
        This permit may be automatically transferred to a new Permittee if:
        1. The current Permittee notifies the Director at least 30 days in 
    advance of the proposed transfer date;
        2. The notice includes a written agreement between the existing and 
    new Permittees containing a specific date for transfer of permit 
    responsibility, coverage, and liability between them; and
        3. The Director does not notify the existing Permittee and the 
    proposed new Permittee of his or her intent to modify, or revoke and 
    reissue the permit.
        If the notice described in paragraph 3 above is not received, the 
    transfer is effective on the date specified in the agreement mentioned 
    in paragraph 2 above.
    
    K. State Laws
    
        Nothing in this permit must 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.
    
    L. Reopener Clause
    
        This permit is subject to modification, revocation and reissuance, 
    or termination at the request of any interested person (including the 
    permittee) or upon EPA initiative. However, permits may only be 
    modified, revoked or reissued, or terminated for the reasons specified 
    in 40 CFR 122.62 or 122.64, and 40 CFR 124.5. This includes new 
    information which was not available at the time of permit issuance and 
    would have justified the application of different permit conditions at 
    the time of issuance including future monitoring results. All requests 
    for permit modification must be addressed to EPA in writing and must 
    contain facts or reasons supporting the request.
    
    VII. Definitions
    
        1. ``AAS'' means atomic absorption spectrophotometry.
        2. ``Acute toxic unit (TUa)'' is a measure of acute 
    toxicity. The number of acute toxic units in the effluent is calculated 
    as 100/LC50, where the LC50 is measured in percent effluent.
        3. ``ADEC'' means the Alaska Department of Environmental 
    Conservation.
        4. ``Average monthly discharge limitation'' means the highest 
    allowable average of ``daily discharges'' over a calendar month, 
    calculated as the sum of all ``daily discharges'' measured during a 
    calendar month divided by the number of ``daily discharges'' measured 
    during that month.
        5. ``Ballast water'' means harbor or seawater added or removed to 
    maintain the proper ballast floater level and ship draft.
        6. ``bbl/hr'' means barrels per hour. One barrel equals 42 gallons.
        7. ``Bilge water'' means water which collects in the lower internal 
    parts of the drilling vessel hull.
        8. ``Biocide'' means any chemical agent used for controlling the 
    growth of or destroying nuisance organisms (e.g., bacteria, algae, and 
    fungi).
        9. ``Blowout preventer fluid'' means fluid used to actuate 
    hydraulic equipment on the blowout preventer.
        10. ``BOD'' means biochemical oxygen demand.
        11. ``Boiler blowdown'' means the discharge of water and minerals 
    drained from boiler drums.
        12. ``Bulk discharge'' means the discharge of more than 100 barrels 
    in a one-hour period.
        13. ``Bypass'' means the intentional diversion of waste streams 
    from any portion of a treatment facility.
        14. ``Cd'' means cadmium.
        15. ``Chronic toxic unit (TUc)'' is a measure of chronic 
    toxicity. The number of chronic toxic units in the effluent is 
    calculated as 100/NOEC, where the NOEC is measured in percent effluent.
        16. ``Coastal'' means any location in or on a water of the United 
    States landward of the inner boundary of the territorial seas (40 CFR 
    435.40).
        17. ``COD'' means chemical oxygen demand.
        18. ``Completion fluid'' means salt solutions, weighted brines, 
    polymers, and various additives used to prevent damage to the wellbore 
    during operations which prepare the drilled well for hydrocarbon 
    production.
    
    [[Page 11905]]
    
        19. ``Cooling water'' means once-through non-contact cooling water.
        20. ``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 units of mass, the ``daily discharge'' is 
    calculated as the total mass of the pollutant discharged over the 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 day.
        21. ``Deck drainage'' means all waste resulting from platform 
    washings, deck washings, spillage, rainwater, and runoff from curbs, 
    gutters, and drains including drip pans and wash areas within 
    facilities subject to this permit.
        22. ``Desalination unit wastes'' means wastewater associated with 
    the process of creating freshwater from seawater.
        23. ``Development'' operations are those operations that are 
    engaged in the drilling and completion of production wells. These 
    operations may occur prior to or simultaneously with production 
    operations.
        24. ``Diesel oil'' means the grade of distillate fuel, as specified 
    in the American Society for Testing and Materials Standard 
    Specifications D975-81, that is typically used as the continuous phase 
    in conventional oil-based drilling fluids, which contains a number of 
    toxic pollutants. For the purpose of this permit, ``diesel oil'' 
    includes the fuel oil present at the facility.
        25. ``Director'' means the Regional Administrator or delegated 
    authority for administration of the NPDES program in EPA, Region 10.
        26. ``Domestic wastes'' means materials discharged from showers, 
    sinks, safety showers, eye-wash stations, hand-wash stations, fish-
    cleaning stations, galleys and laundries.
        27. ``Drill cuttings'' means particles generated by drilling into 
    subsurface geological formations and carried to the surface with the 
    drilling fluid.
        28. ``Drilling Fluid'' refers to the circulating fluid (mud) used 
    in the rotary drilling of wells to clean and condition the hole and to 
    counterbalance formation pressure. The four classes of drilling fluids 
    are:
        (a) A water-based drilling fluid has water as its continuous phase 
    and the suspending medium for solids, whether or not oil is present.
        (b) An oil-based drilling fluid has diesel oil, mineral oil, or 
    some other oil, but neither a synthetic material nor enhanced mineral 
    oil, as its continuous phase with water as the dispersed phase.
        (c) An enhanced mineral oil-based drilling fluid has an enhanced 
    mineral oil as its continuous phase with water as the dispersed phase.
        (d) A synthetic-based drilling fluid has a synthetic material as 
    its continuous phase with water as the dispersed phase.
        29. ``Drilling Fluids Toxicity Test'' means a toxicity test 
    conducted and reported in accordance the following approved toxicity 
    test methodology: ``Drilling Fluids Toxicity Test,'' as defined in 
    Appendix 2 to Subpart A of 40 CFR 435, or other methods approved in 
    advance by Region 10 that produce results which will assure equivalent 
    protection levels.
        30. ``Enhanced Mineral Oil'' as applied to enhanced mineral oil-
    based drilling fluid means a petroleum distillate which has been highly 
    purified and is distinguished from diesel oil and conventional mineral 
    oil in having a lower polycyclic aromatic hydrocarbon (PAH) content. 
    Typically, conventional mineral oils have a PAH content on the order of 
    0.35 weight percent expressed as phenanthrene, whereas enhanced mineral 
    oils typically have a PAH content of 0.001 or lower weight percent PAH 
    expressed as phenanthrene.
        31. ``End of well'' describes the point during drilling when the 
    greatest well depth is obtained.
        32. ``Excess cement slurry'' means the excess cement and wastes 
    from equipment washdown after a cementing operation.
        33. ``Exploratory'' operations are limited to those operations 
    involving drilling to determine the nature of potential hydrocarbon 
    reserves and does not include drilling of wells once a hydrocarbon 
    reserve has been defined. Discharges form exploratory operations are 
    limited to five wells per site.
        34. ``Filter Backwash'' means wastewater generated when filters are 
    cleaned and maintained.
        35. ``Fire control system test water'' means the water released 
    during the training of personnel in fire protection and the testing and 
    maintenance of fire protection equipment.
        36. ``GC'' means gas chromatography. ``GC/MS'' means gas 
    chromatography/mass spectrometry.
        37. A ``Grab'' sample is a single sample or measurement taken at a 
    specific time or over as short a period of time as is feasible.
        38. ``Hg'' means mercury.
        39. ``Hydrotest water'' is filtered sea water, or occasionally 
    fresh water, used to test the integrity of unused produced water lines, 
    or produced water lines which are suspected of leaking or which have 
    recently been repaired.
        40. ``Interim Minimum Level'' means the level calculated when a 
    method specified ML does not exist. It is equal to 3.18 times the 
    method specified MDL.
        41. ``lb/bbl'' means pounds per barrel.
        42. ``LC50'' means the concentration of effluent that is 
    acutely toxic to 50 percent of the test organisms exposed.
        43. ``Maximum daily discharge limitation'' means the highest 
    allowable ``daily discharge.''
        44. ``Maximum hourly rate'' as applied to drilling mud, cuttings, 
    and washwater means the greatest number of barrels of drilling fluids 
    discharged within one hour, expressed as barrels per hour.
        45. ``Method Detection Limit (MDL)'' means the minimum 
    concentration of an analyte that can be measured and reported with 99 
    percent confidence that the analyte concentration is greater than zero 
    as determined by a specific laboratory method.
        46. ``Minimum Level'' (ML) means the concentration at which the 
    entire analytical system must give recognizable signal and acceptable 
    calibration point. The ML is the concentration in a sample that is 
    equivalent to the concentration of the lowest calibration standard 
    analyzed by a specific analytical procedures, assuming that all the 
    method specified sample weights, volumes and processing steps have been 
    followed.
        47. ``MGD'' means million gallons per day.
        48. ``mg/kg'' means milligrams per kilogram.
        49. ``mg/l'' means milligrams per liter.
        50. ``Mineral oil'' means a class of low volatility petroleum 
    product, generally of lower aromatic hydrocarbon content and lower 
    toxicity than diesel oil.
        51. ``Mineral oil pills'' (also called mineral oil spots) are 
    formulated and circulated in the mud system as a slug in attempt to 
    free stuck pipe. Pills generally consist of two parts: a spotting 
    compound and mineral oil.
        52. ``Minimum daily'' discharge limitation means the lowest 
    allowable ``daily discharge.''
        53. ``Monitoring month'' means the period consisting of the 
    calendar weeks which end in a given calendar month.
        54. ``Monthly average'' means the average of ``daily discharges'' 
    over a monitoring month, calculated as the sum of all ``daily 
    discharges'' measured during a monitoring month divided by the number 
    of ``daily discharges'' measured during that month.
        55. ``Muds, cuttings, cement at sea floor'' means the materials 
    discharged at
    
    [[Page 11906]]
    
    the surface of the ocean floor in the early phases of drilling 
    operations, before the well casing is set, and during well abandonment 
    and plugging.
        56. ``MSD'' means marine sanitation device, and is a sanitary 
    wastewater treatment system specifically designed to meet U.S. Coast 
    Guard requirements.
        57. ``M9IM'' means those facilities continuously manned by nine (9) 
    or fewer persons or only intermittently manned by any number of 
    persons.
        58. ``M10'' means those facilities continuously manned by ten (10) 
    or more persons.
        59. ``NAA'' means neutron activation analysis.
        60. ``No discharge of free oil'' means that waste streams may not 
    be discharged when they would cause a film or sheen upon or a 
    discoloration of the surface of the receiving water or fail the static 
    sheen test defined in Appendix 1 to 40 CFR 435, Subpart A.
        61. ``No discharge of diesel oil'' in drilling mud means a 
    determination that diesel oil is not present based on a comparison of 
    the gas chromatogram from an extract of the drilling mud and from 
    diesel oil obtained from the drilling rig or platform. GC/MS may also 
    be used.
        62. ``NOEC'' means no observable effect concentration. The NOEC is 
    the highest tested concentration of an effluent at which no adverse 
    effects are observed on the test organisms at a specific time of 
    observation.
        63. ``Non-contact cooling water''--see ``cooling water.''
        64. ``Oil-based drilling mud'' means a drilling mud with fossil-
    derived petroleum hydrocarbons as the continuous phase.
        65. ``Open water'' means less than 25 percent ice coverage within a 
    one mile radius of the discharge site.
        66. ``Produced solids'' means sands and other solids deposited from 
    produced water which collect in vessels and lines and which must be 
    removed to maintain adequate vessel and line capacities.
        67. ``Produced water'' means fluid extracted from a hydrocarbon 
    reserve during development or production, and hydrotest water. The 
    fluid is generally a mixture of oil, water, and natural gas. This may 
    include formation water, injection water, and any chemicals added 
    downhole or during the oil/water separation process.
        68. ``Production'' operations are those operations involving active 
    recovery of hydrocarbons from production formations. These operations 
    may occur simultaneously with or following development operations.
        69. ``SPP'' means the suspended particulate phase of a muds sample, 
    the preparation of which is described in 40 CFR 435, Subpart A, 
    Appendix 2.
        70. ``Sanitary wastes'' means human body waste discharged from 
    toilets and urinals.
        71. ``Severe property damage'' means substantial physical damage to 
    property, damage to the treatment facilities which causes 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.
        72. ``Site'' means the single, specific geographical location where 
    a mobile drilling facility (jackup rig, semi-submersible, or arctic 
    mobile rig) conducts its activity, including the area beneath the 
    facility, or to a location of a single gravel island.
        73. ``Slush ice'' occurs during the initial stage of ice formation 
    when unconsolidated individual ice crystals (frazil) form a slush layer 
    at the surface of the water column.
        74. ``Stable ice'' means ice that is stable enough to support 
    discharged muds and cuttings.
        75. ``State waters,'' or 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 or the line 
    marking the seaward limit of inland waters (``baseline''), and 
    extending seaward a distance of three miles. The line which marks the 
    seaward limit of inland waters is also referred to as the inner 
    boundary of the territorial seas, and is illustrated by the line 
    separating coastal and offshore waters in Figure 1.
        76. ``Static Sheen Test'' means the standard test procedures that 
    has been developed for this industrial subcategory for the purpose of 
    demonstrating compliance with the requirement of no discharge of free 
    oil. The methodology for performing the static sheen test is presented 
    in Appendix 1 to Subpart A of 40 CFR 435.
        77. ``Synthetic material'' as applied to synthetic-based drilling 
    fluid means material produced by the reaction of specific purified 
    chemical feedstock, as opposed to the traditional base fluids such as 
    diesel and mineral oil which are derived from crude oil solely though 
    physical separation processes. Physical separation processes include 
    fractionation and distillation and/or minor chemical reactions such as 
    cracking and hydro processing. Since they are synthesized by the 
    reaction of purified compounds, synthetic materials suitable for use in 
    drilling fluids are typically free of polycyclic aromatic hydrocarbons 
    (PAHs) but test sometimes report levels of PAH up to 0.001 weight 
    percent PAH expressed as phenanthrene. Poly (alpha olefins) and 
    vegetable esters are two examples of synthetic materials used by the 
    oil and gas extraction industry in formulating drilling fluids. Poly 
    (alpha olefins) are synthesized from the polymerization (dimerization 
    trimerization, tetramerization and higher oligomerization) of purified 
    straight-chain hydrocarbons such as C6-C14 alpha 
    olefins. Vegetable esters are synthesized from the acid-catalyzed 
    esterification of vegetable fatty acids with various alcohols. The 
    mention of these two synthetic fluid base materials is to provide 
    examples, and is not meant to exclude other synthetic materials that 
    are either in current use or may be used in the future. A synthetic-
    based drilling fluid may include a combination of synthetic materials.
        78. ``Test fluid'' means the discharge which would occur should 
    hydrocarbons be located during exploratory drilling and tested for 
    formation pressure and content. This would consist of fluids sent 
    downhole during testing along with water from the formation.
        79. ``TOC'' means total organic carbon.
        80. A ``24-hour composite'' sample must mean a flow-proportioned 
    mixture of not less than 8 discrete aliquots. Each aliquot must be a 
    grab sample of not less than 100 ml and must be collected and stored in 
    accordance with procedures prescribed in the most recent edition of 
    ``Standard Methods for the Examination of Water and Wastewater.''
        81. ``Unstable or broken ice conditions'' means greater than 25% 
    ice coverage within a one mile radius of the discharge site after 
    spring breakup or after the start of slush ice formation in the fall, 
    but not stable ice.
        82. ``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.
        83. ``Waste stream'' means any non-de minimis stream of pollutants 
    within the Permittee's facility that enters any permitted outfall or 
    navigable waters. This includes spills and other
    
    [[Page 11907]]
    
    unintentional, non-routine or unanticipated discharges.
        84. ``Waterflooding discharges'' means discharges associated with 
    the treatment of seawater prior to its injection into a hydrocarbon-
    bearing formation to improve the flow of hydrocarbons from production 
    wells, and prior to its use in operating physical/chemical treatment 
    units for sanitary waste. These discharges include strainer and filter 
    backwash water.
        85. ``Weekly average'' means the average of daily discharges over a 
    calendar week, calculated as the sum of all daily discharges measured 
    during a calendar week divided by the number of daily discharges 
    measured during that week. For fecal coliform bacteria, the weekly 
    average is calculated as the geometric mean of all daily discharges 
    measured during a calendar week.
        86. ``Well completion fluids'' are 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.
        87. A ``well treatment fluid'' is any fluid used to restore or 
    improve productivity by chemically or physically altering hydrocarbon 
    bearing strata after a well has been drilled.
        88. ``Workover fluids'' are salt solutions, weighted brines, 
    polymers, or other specialty additives used in a producing well to 
    allow for maintenance, repair of abandonment procedures. Drilling 
    fluids used during workover operations are not considered workover 
    fluids by definition. Packer fluids (low solid fluids between the 
    packer, production string, and well casing) are considered to be 
    workover fluids.
        89. ``XFA'' means x-ray fluorescence analysis.
        90. ``96-hour LC50'' means the concentration of a test material 
    that is lethal to 50 percent of the test organisms in a toxicity test 
    after 96 hours of constant exposure.
        91. ``g/l'' means micrograms per liter.
    
    BILLING CODE 6560-50-P
    
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    [GRAPHIC] [TIFF OMITTED] TN10MR99.000
    
    
    
    [FR Doc. 99-5667 Filed 3-8-99; 8:45 am]
    BILLING CODE 6560-50-C
    
    
    

Document Information

Published:
03/10/1999
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice of final NPDES general permit.
Document Number:
99-5667
Dates:
Granite Point Production Facility, Trading Bay Treatment Facility, East Foreland Treatment Facility, Anna, Baker, Bruce, Dillon, and Platform A (Tyonek). These Permittees need not submit a formal request for authorization to discharge prior to commencement of discharges under this permit.
Pages:
11885-11908 (24 pages)
Docket Numbers:
FRL-6307-4
PDF File:
99-5667.pdf